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HomeMy WebLinkAbout2008-03-24 Regular Meeting MinutesMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 24, 2008 *An audio version of this meeting is unavailable. Please refer to the DVD. ********************** The Commission of the City of Bozeman met in the Community Raam, Gallatin County Courthouse, 311 West Main Street, on Monday, March 24, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, and Cr. Jeff Rupp, City Manager Chris Kukulski, Planning Director Andy Epple, City Attorney Paul Luwe, Public Service Director Debbie Arkell, Director of Finance Anna Rosenberry, and City Clerk Stacy Ulmer. A. Call to Order-6 p.m.-Community Room, Gallatin County Courthouse, 3]I West Main Street Mayor Jacobson called the meeting to order. B. Pledge of Allegiance and a Moment of Silence Mayor Jacobson Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda. Chris Kukulski, City Manager Mr. Kukulski stated that there were no changes. C. Public Service Announcement 1. Greater Gallatin Toilet Trade-Out Event Brian Hesston, Project Engineer and Water Canservation Manager for the City of Bozeman presented a power point presentation on the Greater Gallatin Toilet Trade-Out Event. 2. National Citizens' Survey Focus Groups Brit Fontenot, Neighborhood Coordinator for the City of Bozeman presented a Public Service Announcement regarding the National Citizens' Survey Focus Groups. D. Minutes-January 28, February 13, 2008 Palicy Meeting Motion and Vote to approve the Minutes of January 28, and February l3, 2008 Policy Meeting. It was moved b Cr. Becker seconded b Cr. Ru to a rove the Minutes of Janus 28 and Februa 13 2008 Polic Meetin . Thase votin A e bein Crs. Becker Ru B son Krauss and Ma or Jacobsan. Minutes of the BozenTan City Crnnnilssiou, Moitdup, A9arch 24, 2008 Those votin No bein none. The motion carried 5-0. E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign Hilltop Tank Painting Contract change Order No. 2 (Heaston) 3. Authorize Payment for the Buttrey's Solvent Site Cast Recovery (Cooper) 4. Approve cancelling the March 26, 2008 Policy Meeting (Ulmen) Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vate to approve Consent Items E. I-4. It was moved by Cr. Ru,pn, seconded by,, Cr. Brvson_ta aunrove Consent Items E. 1,-4 Those voting Ave being Crs. Rugg, ,B~ryson, Krauss, Becker, and Mayor Jacobson Those voting No being none. The motion carried 5-0. F. Public Comment Mayor Jacobson opened public comment. Shelly Johnson P_u_blic Comment Ms. Johnson of 502 South 19t~' Suite 302 stated that she is the Director of Alcohol and Drug Services of Gallatin County. She spoke regarding a proposed halfway house that her company is looking at putting in at 119 South Church. She spoke regarding the process that her company took in order to put in the halfway house. Mike Rupert-Public Comment Mr. Rupert stated that he is the CEO of Boyd Andrew Community Services. This company is subcontracting with 6 other entities in the state to provide these types of services. He highlighted which Cities have halfway houses. Nobody is forced to be there. There is security including video surveillance in the facility. 2 Mitrufes nr1/te /~ozetttan City Cattntlss/ntr, Mortdrr~+, t-lurc/t 24, 2008 Ben Dirks-Public Comment Mr. Dirks of 17] 2 West Olive Street stated that he spoke against placing the re-entry center on the south east corner of the Law and Justice campus in 2004. He was part of the concerned citizens group at that time. Mr. Dirks stated that after he started doing his homework, he soon realized that this was not going to be something that was detrimental to the Community, He spoke in favor of the halfway house. Charlotte Buckmeir-Public Comment Ms. Buckmeir stated that she is a strong advocate for recovery. These tools need to be offered to those who want to be in recovery. Beeky Wysoski-Public Comment Ms. Wysaski of 652 Springhill Lane stated that she supports the halfway house. This is another tool for recovery. Ron Var as-Public Comment Mr. Vargas of 16002 Bridger Canyon Road stated that he works far Alcohol and Drug services. lie is a case manager. He is willing to do whatever he can do to help. Con Spencer-Public Comment Mr. Spencer of 151$ South Church stated that he is a resident in the neighborhood. Jeff Stephens-Public Comment Mr. Stephens of 205 South Church Avenue stated that he is a neighbor of the proposed facility. The concern is that none of the neighbors knew anything about the facility. The neighbors support having the facility but they want to be involved in the process. Doren Nordha,~en-Public Comment Mr. Nordhagen stated that he owns the property at 115 South Church. He understands that this is a noble cause. He has concerns of the uncertainty of the proposed facility. Clarice D er-Public Comment Ms. Dryer of 4750 Jordan Spur Road stated that she is the owner of the property. She feels fortunate to rent her property as the recovery house. Steve Kell -Public Comment Mr. Kelly of 4750 Jordan Spur Road spoke regarding the difficulty of renters. Mr. Kelly stated that he is Ms. Dryer's partner. When the company looked at the house, he asked if there would be any violent or sexual offenders that would be living there. He was told there would not be. Mr. Kelly stated that he is unclear of the statutory authority the City has to require a conditional use permit. He recommends the project. 3 Mirrules o/'tire BnzenurrT Cit~> Carrrrriscirrn, Monday, A9arclr 24, 2(108 Gary Baukman-Public Comment Mr. Baukman of 210 Tayabeshockup Road stated that he lives at the other recovery house and it is the best thing that has ever happened to him. This is one of the best tools in order to grow in recovery. Carrie Erickson-Public Comment Ms. Erickson stated that she is a case manager at Alcohol and Drug Services and is involved in recovery houses. There are not sexual or violent offenders that will be coming to this recovery home. Recovering people make really good neighbors. There will be two screening processes that will occur in order for someone to move into the recovery home. Joshua Handsaker-Public Comment Mr. Handsaker spoke in support of the recovery house. Help people that want recovery get the help that they need. Dennis Public Comment Mr. 541 Easi Babcock stated that he is a landlord. He was a professional employee with Drug and Alcohol Services. He is prejudice to renting to recovering people. He is in support of the application. Public Comment closed Mayor Jacobson closed public comment. G. Action Items 1. Storm Water Facility Plan, opened and continued from February 25, 20U8 (Murray) Bob Murray, Project Engineer Mr. Murray stated that Amanda McGuiness and James Nickelson, from Morrison-Maierele will be presenting a power paint presentation regarding the Storm Water Facility Plan. Amanda McInnis- Morrison-Maierele Ms. McInnis stated that what drove the City to move forward with the Storm Water Facility Plan was the new federal discharge permit program. James Nickelson- Morrison-Maierele Mr. Nickelson spoke about how the draft plan was put together. Mapping of the system will need to be updated. Ms. McInnis Ms. McInnis urged the Commission to create a funding mechanism for storm water. a A9inules of the Bozenrun C'ii~~ Cnmmissinif, Mor~dati+, Mnrclr 24, 2008 Cr. Krauss Cr. Krauss spoke regarding those that have already paid for storm water facilities (drainage basins, etc.). Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson clased public comment. Motion to accept the Storm Water Facility Plan. It was moved by Cr. Bryson, seconded by Cr. Krauss to accept, the Storms Water Facility Plan. Cr. Bryson Cr. Bryson spoke regarding the need to conduct a study to determine a nexus and proportionality for assessing irnpact fees for storm water. Mr. Kukulski Mr. Kukulski spoke about other cities that have impact fees. Vote to accept the Storm Water Facility Plan. Those voting Ave being Crs. Bryson, Krauss, Becker, Rupp, ,and,,,Mavar Jacobson. Those voting No being none. The motion carried S-0. 2. City of Bozeman Water Reclamation Facility Informal Review #I-08003 Doug Riley, Associate Planner Mr. Riley presented a power point presentation regarding the City of Bozeman Water Reclamation Facility Informal Review. Mr. Riley spoke regarding possible public agency exemptions. Staff would like the Commission to decide whether ar not the new Board of Adjustment should look at the project. Mayor Jacobson Mayor Jacobson asked about the trail system in the area. Mr. Riley Mr. Riley showed the trail system that is within the application. A9inules of'ihe Bozenrrru CirJ~ Cnnrrrrissinn, A9nrrrln~>, Mnrc/r 24, 2008 Debbie Arkell, Director of Public Service Ms. Arkell spoke regarding adding a trail system on the north side of the river. James Nickelson, Morrison-Maierele, Inc. Mr. Nickelson stated that he is the lead engineer on the site application. Mr. Nickelson went over two of the public agency exemptions including curbing and paving. We are trying to match the existing development pattern that is in the area and existing drainage pattern. Ms. Arkell Ms. Arkell stated that it is the City's intent to pave the parking lot but that it depends on the amount of millings that can be saved. Ms. Arkell spoke regarding the improvements on the adjacent streets including Springhill and Moss Bridge Roads. Cr. Bryson Cr. Bryson questioned the roof pitch that is proposed. Ron Brey, Assistant City Manager Mr. Brey spoke regarding exemptions. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Cr. Bryson Cr. Bryson suggested that there be a formal plan far saving up the millings to do the paving of the parking lot. He would like to see some farm of a mitigation plan for the trail system. He wants to make luxe that there continues to be same form of a connected trail system. He is fine with the application not going to the Board of Adjustments. In regards to the curbing, he agrees with keeping the rural character of the area. Mayor Jacobson Mayor Jacobson stated that she agrees with staff s recommendations. She does not see a reason to send the application to the Board of Adjustment. Cr. Becker Cr. Becker stated that he would like to make sure that mitigation strategies for trails are addressed. Misrules of the Bozenrnrr Ci~j~ Cnrrvrrission, R9nrrda~~, Mnrclr 24, 2008 Cr. Krauss Cr. Krauss stated that he feels the application should go to the Board of Adjustment. He does not support exemptions for the trails. He feels the pedestrian facilities along the roads should be put in. Cr. Rupp Cr. Rupp stated that we need to do something with the trail on the north side. The paving and milling of the parking lot is fine with hinn. He agrees that the parking lot should be available to fisherman. The Board of Adjustments is brand new and it sounds like a good project for them to start on. Mr. Epple Mr. Epple stated that he thinks the application will come back to the Commission but that he will coordinate with the City Attorney. Mr. Riley Mr. Riley stated that he will take the comments and consolidate them into a final report and move forward with the Conditional Use Permit applications. 3. Effects of Landfill Closure on Various Community Functions (Arkell) Debbie Arkell, Director of Public Service Ms. Arkell explained that the City landfill will close on June 30, 2008. The City currently provides some free services and she would like direction regarding if the Commission would like the Solid Waste division to continue to take the free items to the Logan Landfill and absorb the tipping fee and solid waste collection fee. The question is regarding what will happen with the Community events including the Sweet Pea Festival, Bite of Bozeman, Music an Main events, Christmas Stroll, Downtown Partnership Car Show, Bozeman Fireman's Breakfast, The Optimist Garage-a- Rama, and Cleanup Bozeman Day. Cr. Krauss Cr. Krauss asked if the estimated amount of $2,000 far the service could be found in the City General Pund Budget. Mr. Kukulski Mr. Kukulski stated yes. Public Comment Mayor Jacobson opened public comment. No person commented. 7 A9irrutes of the Bnzer~rair Cily Cnr~~r~aissia~, Mnrrda~~, March 24, 2008 Mayor Jacobson closed public comment. Motion and Vote to direct staff to continue providing solid waste services including the services we provide snow to certain Bozeman Community events open to the general public in the same manner as what has been done in the past and outlined in the Staff Memo, but that the cast of those be charged to the General Fund. t was move v r rauss, secan a r. ec er to erect sta t ' -- -• v , ., , q continue providing solid waste services including the services we provide now„to,„certain Bozeman Community events_anen_to the general p_ublic,irt the same manner as what has been done,in the past and out me ~n_t a to Memo,. ut_t at the cost of those be ,,,,,~,_ ,,,,,,,,,,,,, ' charged to the General Fund. Those votine Ave being Crs. Krauss, Becker,,Runp, Bryson, and Mayor Jacobson. Those votins No being none. The motion passed 5-0. 4. Lee James, LLC Site Plan and Certificate of Appropriateness with Deviations #2- 08008. Brian Krueger, City Planner Mr. Krueger presented the staff presentation regarding the Lee James, LLC Site Plan and Certificate of Appropriateness with Deviations. Misty Carey, Applicant Ms. Carey stated that her and her partner purchased the property and are in the process of remodeling the property. Public Comment Mayor Jacobson opened public comment. Gavle Keider-Public Comment Ms Keider stated that the applicant is doing a beautiful job on the property. Public Comment closed. Mayor Jacobson closed public comment. Motion and Vote to approve the Lee James, LLC Site Plan and Certificate of Appropriateness application with Deviations with the Conditions and Cade Pravisions outlined in the Staff Report. 8 A9ntutes of 1/re Bozeman Cilp Cunrntisslort, Mnrtday, Marc/t 14, 20(18 It was moved b Cr. Becker seconded b Cr. Ru to a rove the Lee James LLC Site at _ an an ertificate„of Anpropri,,.„.,,„eness application with Deviat Conditions cons with the and Code Provisions outlined in the Staff Re ort. Those voting Ave being Crs., Becker, Rypp, Brvson, Krauss, and Mavor Jacobson Those voting No being none. The motion carried S-0. S. Ordinance No. 1742., Revising Chapter 2.76, Cemetery Section 030 of the Bozeman Municipal Code to add Two At-large, Non-designated Members (Brey) Ron Brey, Assistant City Manager Mr. Brey explained that on February 4, 200$ the Commission had appointments to the Cemetery Board in front of them. The Commission directed Staff to prepare an Ordinance to add two at- large, non-designated members. Mr. Brey stated that the Ordinance retains that the majority of the board be members of the City. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion to provisionally adopt Ordinance No. 1742. It was moved by Cr. Rupp, seconded by Cr. Bryson, to provisionally adopt Ordinance No. 1742. Vote to provisionally adopt Ordinance No. 1742. Those voting Ave being, Crs. Rupp, B--Tyson, Krauss,_Becker, and Mavor Jacobson Those voting No being none. The motion carried S-0. 6. Burke Park Lots Purchase (Dingman) Ron Dingman, Director of Parks and Recreation Mr. Dingman presented the Staff presentation regarding the Burke Park completion. The Burke family is willing to sell the existing 1.8 acres of ground to the City to complete Burke Park. The cost of the property is $500,000 and $20,000 to Gallatin Valley Land Trust. Ilainufes of the Bnzer~ran City COl1U?1%SSloll, Mnndc{~~, A9r~rclr 24, 1008 Stephen Johnson, Executive Director of the Gallatin Valley Land Trust. Mr. Johnson explained the history of the Park. The $20,000 is to assist with the Gallatin Valley Land Trust expenses. Mr. Johnson went over GVLT's expenses. Public Comment Mayor Jacobson opened public comment. Ga Vodehnal-Public Comment Mr. Vodehnal of 614 South 7t'', stated that he works for GVLT and is the Trails coordinator. He circulated a petition when he was in college urging the Commission to purchase the Burke Park. The view is the crown jewel of the trail system. Public Comment closed Mayor Jacobson closed public comment. Mayor Jacobson Mayor Jacobson stated that the $20,000 to pay GVLT should come out of the General Fund. She suggested that maybe the $250,000 could be borrowed. Cr. Krauss Cr. Krauss stated that he will not support using the General Fund. The cash-in-lieu is tailored for this. The money to GVLT is well spent. Chris Kukulski, City Manager Mr. Kukulski presented an update regarding the reserve funds for the City. Andy Epple, Planning Director Mr. Epple explained the cash-in-lieu of parkland dedication formula. Motion to approve the purchase of Burke Park Lots for $500,000 from Park land Cash-in- lieu and $20,000 from the General Fund and authorize the City Manager to execute the Burke Property Buy-Sell Agreement and Settlement Agreement. It was moved b Cr. B son seconded b Cr. Krauss to a rove the urchase of Burke Park Lots for $S00 000 from Park land Cash-in-lieu and $20 000 from the General Fund and authorize the Ci Mana er to execute the Burke Pro er Bu -Sell A reement and Settlement A reement. Cr. Rupp Cr. Rupp acknowledged the work and vision of GVLT's Founder. He wants to respect the board's recommendation and is unable to support the motion. s0 A~ii~ules nrthe Bozemrur C'il~~ Cn»7r~~ission, A~ondrq~, March 24, 2008 Mayor Jacobson Mayor Jacobson stated that she cannot support the motion because she does not want to wipe out the cash-in-lieu funds. Vate to approve the purchase of Burke Park Lots for $500,000 from Park land Cash-in-lieu and $20,000 from the General Fund and authorize the City Manager to execute the Burke Property Buy-Sell Agreement and Settlement Agreement. Those vatin A e bein Crs. B son and Krauss. Those yating No_being Crs. Becker, Rupp, and Mayor Jacobson. The motion failed 2-3. Cr. Becker Cr. Becker spoke regarding the open space funds. Mr. Johnson Mr. Johnson stated that what the Commission should focus on is anon-contingent agreement to purchase the land. Motion to purchase the Burke Park Lots for $520,000 and (friendly amendment) to authorize the City Manager to execute the Burke Property Buy-Sell Agreement and Settlement Agreement. . t was move v r. Krauss, s the Burke Pa„_. econded by Cr. Rupp to purchase„ , rk Lots for $520,000 and (friendly amendment) to-a„ ,, uthorize the Ci Mana er to execu,,,„ he Burke ti'.~.,, ~ to t Property Buy-Sell Agreement and Settlement Agreement. Discussion Vote to purchase the Burke Park Lots for $520,000 and (friendly amendment) to authorize the City Manager to execute the Burke Property Buy-Sell Agreement and Settlement Agreement. Those voting Ave being Crs. Krauss, Rupq,-and Mayor Jacobson. Those voting No being Crs. Bryson, and Becker. The motion carried 3-2. 7. Appointment to the Tree Advisory Board (Delaney) Motion to appoint Mike Haugh to the Tree Advisory Board. it was moved by Cr. Runn,,,seconded by_, Cr. Becker to ap„P „__ g ,,,,,, he Tree omt Make Hau h to t _ Advisory Board. 11 R~i»ules nf!/re Boze»znn City ~'D)7in7lSSlOll, Mondny, A9arch 24, 2Q08 Cr. Krauss Cr. Krauss questioned if Mary Ann Neilsen is still interested in applying for the board. Cr. Krauss stated that he would like to hold off on the decision until Ms. Neilsen is contacted. Motion withdrawn to appoint Mike Haugh to the Tree Advisory Board. Cr. Ru withdrew his motion to a oint Mike Hau h to the Tree Adviso Board. H. FYI/Discussion 1I . Reminder of Joint City-County Meeting, Friday, March 28, 2.008, 7 a.m. Stacy Ulmen, City Clerk Ms. Ulrnen explained that the meeting time has been changed to 7:30 a.m. 2. Na City Commission Meeting on Monday, March 31, 2008 Ms. Ulrnen reminded the Commission that there is not a meeting Monday, March 31, 2008. 3. Absence of Mayor Jacobson Mayor Jacobson asked for the Commission's approval to be absent from the April 7, 2008 Commissian Meeting. This did not seem to be a problem. 4. Joint City-Yawn/County Meeting, May 9, 200$ confirmation Cr. Rupp wandered if the Joint City/Town-County Meeting was set for May 9, 2008. Ulmen will confirm and send out an email to the Commission. Cr. Bryson asked that the greater representation on the Health Board be discussed at the meeting. 5. Planning Support Cr. Becker stated that the Planning Board may come to the Camrnission to ask for support because there is not a current budget far the 20/20 update. G. Letter regarding the Law and Justice site. Mr. Kukulski stated that a letter went out that he has signed agreeing nat to exceed $5,000, regarding the architecture firm that is doing the site development layout for the law and justice censer. 7. Music on Main Mr. Kukulski spoke regarding Music an Main and that it will be a smaller venue and more controlled. I. Adjournment Mayor Jacobson adjourned the meeting. 12 Minules of the Bo~en7rrn CiIJ~ COi171TilSSlO/1, Mnndap, ~Y1urelt l4, 2`008 ~~ ~~ ~ D~ Kaaren Jacobs ' ,Mayor ATTEST:.w - Stacy Ulme . ty Cl rk FREPARED BY: Stacy UI e , Cit Clerk Approved on r/ c~ ~ v'~-d`a~ 13