HomeMy WebLinkAbout2008-08-11 Regular Meeting MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BQZEMAN, MaNTANA
August I1, 2008
The Commission of the City of Bozeman. met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on. Monday, August 11, 2008 at 6:00 p.m. Present. were
Deputy Mayor Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, Finance Director
Anna Rosenberry, Planning Director Andy Epple, Public Works Director Debbie Arkell,
Assistant City Attorney Tim Cooper, and Deputy City Clerk Cynthia Jordan Delaney.
O:I4:OI A. Call to Order - 6 p.m. -Community Roam, Gallatin Counhy Courthouse, 311.
West Main Street
Deputy Mayor Krauss called the meeting to order at 6:O1 p.m.
0:14:03 B. Pledge of Allegiance and a Moment of Silence
O:I4:59 C. Authorize Absence of Mayor Jacobson
0:1:01 Motion and Vote to authorize the absence of Mayor Jacobson.
It was moved by Cr, Becker, seconded by Cr. Bryson, to authorize the absence of Mayor
Jacobson.
Those voting Ave being Crs. Becker, Brysona and Deputy Mayor Krauss.
Those voting No being none.
Those absent being Mayor Jacobson and Cr. Rump.
The motion carried 3-0.
0:15:14 D. Consent
1. Authorize Payment of Claims (LaMeres}
2. Authorize City Manager to sign Sewer and Water Pipeline and Access
Easement and Agreement for Saccocca Minor Subdivision (Murray)
3. Authorize City Manager to sign a Drainage Easement for an Offsite
Drainage Swale from Gallatin County for Fire Station #3 (Murray)
4. Provisionally adopt Ordinance No. 1749, Durston House Zone Map
Amendment #Z-08072, and rescind the provisionally adopted
Ordinance No. 1747, Durston House Zone Map Amendment #Z-0.8072
because of Insufficient Materials ($ristor)
S. Approve Depository Bonds and Pledged Securities as of .tune 30, 2008
(Clark)
6. Approve the Monthly Building Report for July 2008 (Doerksen) 7.
Ratify Mayor's Signature on the State of Montana Historic
Preservation Agreement enabling Assistant Planner for Historic
Bc~r~mcrr7 C'ih' C`u»rnaissirm 19`eetitt~, .9tt~,>trs! r1. ?Odlh'
Preservation, Courtney Kramer, to attend the Montana Historical
Society History Conference in Glasgow,l'vlontana Pram October 16-18,
208 (Kramer}
0:15:16 Public Can~ment
Deputy Mayar Krauss opened and clased public comment. Na person commented.
0:15:32 Motion and Vote to approve Consent items B. I-7.
It was moved by Cr. Bryson, seconded by Cr. Becker, to aAArove Consent items D. 1-7.
Those vatin~ Ave being Crs. Bryson, Becker,.. and Ileputy Mayor Krauss,
Those vofin~ No being none.
Those absent being Mayor Jacobson and Cr. RuAA.
The motion carried 3-0.
0:15:43 E. Public Comment
Deputy Mayor Krauss opened public comment.
0:16:14 Bob Chase -Public comment
Mr. Chase stated that an August 4 the Mayor anal Cr. Rupp said same things that he believes to
be an attack an his character, and he is here to set the recard straight. lle read Mayor Jacobsan's
and Cr. Rupp's comments and his June 1 S letter to the editor. Mayar Jacobsen may not like his
budget interpretation or his petition, but na one should put a spin on his character. Thousands of
peaple hunger for representative democracy.
0:21:00 Cr. Rupp entered.
Cr. Rupp entered the meeting halfway through Mr. Chase's public camment,
0:21:13 Gale Fi~:~ins -Public camment
Ms. Figgins, who lives at the earner of Tracy and Cottonwood, begged the Commission net to
put that median island in there. They stand to lase as much as $1{10,000 value an their hams.
Mast of these accidents are peaple on Cottonwood going toe fast and net yielding the right-of-
way to people an their right an Tracy. Ta slaw traffic on Tracy will net salve the problem. Just a
stag sign on Cottonwood and. a 15 mph sign near parks will help imrnensely.
0:26:09 Public Comment. closed.
Deputy Mayor Krauss closed public camment.
0:26:14 Deputy Mayar Krauss
Deputy Mayor Krauss stated that he will talk to Debbie Arkell to get an update, and maybe we
put this on an agenda in the future.
0...:26:35 Debbie rlrkell, Public Works Director
Ms. Arkell stated that after an extensive study, staff recommended installing stop signs an
Catkonwood Avenue. During public camment, one neighbor suggested a median pad with a 15
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mph park.. speed limit sign. Dn May 19, 2448, the Commission directed staff to install stop signs,
temporary pods, and the 15 mph park signs. We are getting ready to install them,
4:28:14 F, Action items
4:28:17 Deputy Mayor Krauss
Deputy Mayor Krauss stated that we are going into a group of five requests for money from the
Big Box stares. He asked Mr. Cooper and the applicants if it is okay to open all the hearings and
hear all the requests without acting on any right away.
4:2$:55 Tim Cooper, Assistant City Attorney
Mr. Cooper stated that if the applicants have no objection, there is no reason not to do it that
way.
4:2'9:44 Deputy Mayor Krauss
Deputy Mayor Krauss asked the applicants if it is okay to open them all, hear the pitches, and
talk about them all as a group. The applicants had no objections.
4:29:28 1, North Seventh Urban, Rcncwal Board Funding Request (Michelle Wolfe,
Chairperson of North Seventh Urban Renewal Board)
4:29:44 Michelle Wolfe, Chair of North Seventh Urban Renewal Board
Ms. Wolfe stated that this is five to six years in the making; we"ve got an active, diversified,
united North Seventh board. C}ur next step is a $154,444 engineering plan. We anticipate about a
$1.5 million budget to complete sidewalks, lighting, and landscaping, with a total cost of about
$1.7 million. If we dont get this money, this project gets set back several years. We want
$375,404, but if not, we°ll do Plan B.
4;37:45 Deputy Mayor Krauss..
Deputy Mayor Krauss stated. that he will take public comment after everyone presents.
0:37:54 2. Proposal for the Development of the City of Bowman`s Area Economic
Development Plan, continued from Jrtly 14, 2411 (Bob IFiietala, Prospers Business Nehvork
and Epplc)
4:38:49 Bob Hietala, CEQ of Prospers Business Network
Mr. Hietala stated that Prospers remains committed to the project, and we are ready to get going
with the Commission's approval tonight. We've reduced the project budget and are requesting the
City contribute $25,444, which Prospers will.. match, instead of last month's $35,444 request. We
solicited support from the Chamber of Commerce, and David Smith can speak to that tonight..
0:39:53 3. Bozeman Revolving Laan Fund Update and Request for Funding, continued
from July 14, 200$ (Peter Bertelsen and Bob Hictals, l?rospera Business Netwrork)
4:39:58 Peter Bertelsen, Program Director of Prospers Business Network
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Mr. Bertelsen stated that we revised our request for the Revolving Loan Fund. The RLF down"t
leave the capital to sustain the current demand for loans. ~+Ve need mare than $400,000 a year, and
we are requesting $10...0,000 of Big Box funds.
0:41:30 4. Big Sky lEnergy Revaluing L,aan Fund Prapasal to request Big Box Funds'
Seed Money to assist Businesses inside the City of Bozeman, continued from July 14, 208
(Josh Kellar, Northern Rocky Mountain RC & D)
0:4I :48 Josh Kellar, Coordinator of the Northern Rocky Mountain RC&D
Mr. Kellar presented a PowerPoint with the program objectives and reasons to invest in the Big.
Sky Energy Revolving Loan Fund proposal. It is available to small businesses in the City of
Bozeman for energy efficiency, conservation, and green energy production.
0:46:39 Cr, Becker
Cr. Becker asked about a term for the contribution to the RLF, so that in five years we'd re-
evaluate so all the funds would have to rgtate back into that account.
0:46:55 Mr. Kellar
r. Kellar responded that he thinks that is something we could entertain, We would like to offer
attractive tezxras, hoping ten years and under,
0:47:40 5. Downtown Bozeman Partnership Big Box Funding Request for a I}owntawn
Neighborhood Plan, continued from July 14, 21}U~ (Chris Naumann, Downtown Bozeman
Partnership)
0.47:52 Chris Naumann, Executive Director of Downtown Bozeman Partnership
Mr. Naumann identified what monies the downtown partnership boards would be willing to put
on the table: the Downtown TIF District Board has allocated $40,000 toward the formulation and
implementation of the Downtown Neighborhood Plan. The BID Board has allocated $10,00®
towards implementation of a high priority project that would be identified by a plan:. He
discussed the Commission's suggested one-to-one match with Big Box funds.
0:53:52 Public Comment ppened.
Deputy Mayor Krauss opened public comment for Action items ~'. 1-5.
0:54:08 Hike Hone - Pu~il'ic Comment
Mr, Hope, of 2215 Arrowleaf Hills Drive, was one of the original business owners on North 7th
that started the plan in 2002 or 2003 and came before the Commission in 2005 to ask for Big
Box money. Our understanding was that the $232,000 was put in abeyance and specifically set
aside for Forth 7th. The hard core investment in lights and streetscapes downtown helped others
invest there. North 7th needs reinvestment.
0:.57;20 Andrew Cetrar~o -~ PubCic Comrrxent
Mr. Cetraro, of $06 North 7th Avenue, spoke about the North 7th TIF District. He referenced
being an the Commission and working with the community for awin-win situation with Big Box
stares. 1Je°s had afamily-operated business on North 7th since 1969. It's a great plan, and
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business owners are working together. It`s along-term investment that will be well spent and
rewarded.
1:00:46 Lee Hietala _ .Public Cvmment
Mr. Iletala, of 216 West Hayes, is here to support NStJRB's request far funds. The Commission
has supported this unanimously on several occasion since 2003. There is a real need to beautify
and provide far the safety of our corridors. North 7th shaves its age. The downtown will benefit
enormously. The emphasis on this corridor will be positive far private investment. It's the
importance of first in time, first in line.
1:02:52 Carl Svlvie -Public Comment
Mr. 5olvie, of 1401 South Tracy, is on the MURK board. and is a business owner on North 7th.
The business owners of North 7th are quite excited, and we`ve been waiting for a transformation
for a lang. time. We spent $6$,000 on a wonderful plan that we want to utilize; our budget is
consistent with what the plan talks about. We will get people to invest, and we can have the kind
of entry carridar to be proud of.
1:{?4:04 David Smith -Public Cvmment
Mr. Smith, President and CEE) of the Bozeman Chamber of Commerce, passed out a letter from
the Board of Directors from the Chamber regarding Prospera's Economic Development Plan.. We
look forward to being a part of this process. We have a strong relationship with all five agencies
that are seeking Big Box money. Prospers has tools and resources that we don't have.
1:06:44 Carey Williafnsvn -Public Comment
Mr. Williatxasan, of 203 North Wallace,. thanked Dash Kellar for the energy loan. fund proposal.
He has a small business building green houses; his fledgling business is going through growth
pains. This money could be well spent for our company to hire a few new employees, help
research green technologies, and continue to host free education projects.
1:08:58 Me,~an Kuiawa -Public Cvmment
Ms. Kujawa, who works with NarthWcstern Energy`s Energy Efficiency and Renewables
Program in Butte, spoke an behalf of the Big Sky Energy RLF. Their program helps customers
identify energy savings projects and provide them with energy and dollar savings over the life of
the project. funding the Big Sky RLF would help Bozeman take its place as a role model of
energy efficiency.
1:11:40 Dan Stevensvn -Public +Cvmment
Mr. Stevenson, of 3004 Westridge Drive, passed out a handout. He is a mechanical engineer that
specializes in the impleentatian of alternative energy projects. He spoke in support of the Big
Sky Energy RLF proposal as well as Prospera`s proposals. He described the solar thermal project.
on his handout.
1:15:16 Lynn Hubert -Public Cvmment
Ms. Hubert, who owns Buggy Bath Carwash at 111 l East Main, spoke in support of the Energy
RLF. She is trying to work on energy conservation. She heard about .lash Kellar and says the
13o~c~r~tcr~x Citr t'urrirr~fssir~ta,ll~~tin~,~..~f¢r~ttst ]I, ?Oll~'
only way she can do what she wants with energy at the carwash is to have a law interest loan.
This really excites her.
1:16:21 Public Comment closed.
Deputy Mayor Krauss closed public comment and the public hearing.
1:17:2'7 Cr. Bryson
Cr. Bryson stated that for discussion puzposes, he is looking at $222,000 far the North Seventh
Urban Renewal District, $10,000 less than they requested before, but save $10,000 on a part time
staff by doing it internally. He is interested in $25,000 for the Economic Development Plan 4vith
Praspera in conjunction with the Chamber; $50,000 for the Downtown Neighborhood Plan.;
$50,{}00 far the Energy Revaluing Loan Pund for the RC&D; that leaves same money left over.
1:18:16 Deputy Mayor Krauss
Deputy Mayor Krauss thinks there are three previous commitments: North Seventh, the
Economic Development Plan, and the Downtown Neighborhood Plan. 1-le is interested in
5222,000 for NSURB; $25,000 for the Economic Development Plan; $50,000 for the Downtown
Neighborhood Plan; and $60,000 for the Big Sky Energy RLF.
1:2.0:53 Cr. Becker
Cr. Becker agrees with the way that Cr. Bryson and Deputy Mayor Krauss broke it out, and he is
okay with $6..0,000 iota the energy fund.
1:23:02 Cr. Bryson
To answer Cr. Rupp's concerns, Cr. Bryson stated that we've gotten the Chamber and Praspera
together, and we can formulate in a oration to stay in together,
1:24:07 Deputy Mayor Krauss
Deputy Mayor Krauss sees the value of Praspera being icad dog and taking information from the
Chamber and incorporating it.
1:24:56 Cr. Rupp
Cr. Rupp wants the North 7th Tlp` District to stay with the $232,000 and include the $10,{}00 far
staffing.
1:27:39 Cr. Bryson
Cr. Bryson suggested phrasing the motion language to say "up to" those totals specified.
1:30:16 Mr. Cooper
Mr. Cooper confirmed the recommendation that each item's motion should be taken separately.
11e stated that each one of these actions is for projects that also have City requirements. Those
plans will be subject to the guidance of the Planning Dept. and modification ar edits from the
Commission. He suggested that each action item motion include '"receipt conditioned upon
compliance with applicable rules."
1:31:47 Deputy Mayor Krauss
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1:33:45 Motion the approval of the funding request from the North Seventh Urban
Renewal Board up to the amount of 5232,Ua0, subject to applicable rules of the City of
Bozeman.
It was moved by Cr. Rupp, seconded by Cr. Bryson, the approval of the funding request
frown. the North Seventh Urban Renewal Board up to the amount of $232,000, subject to
applicable rules of the City of Bozeman.
1:34:37 Cr. Rupp
Cr. Rupp clarified that was for X232,000, and stated that (NSURB) was the group that he would
look at in the deferring of the funds until we receive the last check from Lowe's.
1:34:58 Vote the approval of the funding request from the North Seventh Urban Renewal
Beard up to the amount of $232,000, subject to applicable rules of the City of Bozeman.
CIt was moved.. by Cr. Rupp, seconded by Cr. Bryson, the approval of the funding request
from the North Seventh Urban Renewal Board up to the amaunt of 5232,00®, subject to
applicable rules of the City of Bazemsn.) ~~~
Thane voting Ave being Crs. Rupp, Bryson, Becker, and Deputy Mayor Krauss.
Thane voting No being none.
Those absent being Mayer Jacobsen.
The motion carried 4-0.
1:35:19 Motion and Vate that we approve 525,000 in Big Box Funds for the development of
an Economic Development Plan through Prospers in canjunetion with the Chamber of
Commerce, including compliance with all applicable rules that may or may not apply.
It was moved by Cr, Bryson, seconded by Cr. Becker, that we approve S2S,Oha in Big Box
Funds for the development of an Economic Development Plan through Prospers in
ceniunction with the Chamber of Commerce, including compliance with all ap Icable
rules that may or may not apply.
Those voting Aye being Crs. Bryson, Becker, Rupp~and T3eputy Mayor Krauss.
Those voting No being Wane.
Thane absent being Mayor Jacobson.
The matian carried 4-0.
1:36:04 Motion to approve Prospers Business Network proposal committing 5100,000 from
the City's Development Impact Fund.
It was moved by C'r. Becker, seconded by Cr, Rupp, to approve Prospers Business Network
proposal committing SIDD,U00 from the City's Development Impact Fund..
1;36:59 Vote to apprave Prospers Business Network proposal committing SI00,000 from
the City's Development Impact Fund.
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jIt was moved_ by Cr. Becker, seconded by Cr. Runs, to approve Prosnera business
Netwark proposal cammittn~ 5100,000 from the City's Development Impact Fund,l
Those vatin~ Ave being none.
`T'hose voting No being Crs. Becker, Rune Brysan, and Deputy Mayor Krauss.
Thase absent being Mavar Jacabson.
The motian failed 0-4.
1;37:20 1Vlotion and Vote to capitalize the Big Sky Energy Revaluing Lawn Fund using
550,000 of funds obtained thraugh the City of Bowman's Development Impact Box Fund,
subject to all applicable rules far the City of Bozeman.
It was moved b Cr. Becker seconded b Cr. Ru to ca italize the Bi S Ener
Revolving Latin Fund using 550,000 of funds obtained through the City of Bowman's
Development Impact Bax Fund, subtect to all applicable rules for the Ci ^of Bozeman.
Those voting Ave being Crs. Becker, Rupp, Brysan, and Deputy Mavar Krauss.
~~~
Those voting Na being _nane.
Thase absent being Mayor Jacabson.
The matian carried 4-0.
1:38;00 Motion and Vote that wve allocate 550,000 from the Development Impact Fund to
help finance the Downtown Neighbarhaad Plan, subject to the applicable rules.
It was moved b Cr. Ru seconded b Cr. B sap that we allocate 550 000 from the
Development Impact Fund to help finance the Downtown Nei~hbarhoad Plan, subject to
the applicable rules. ~ ~~.
Those voting Ave being Crs. Rupp, Bryson, Becker and Deputy.. Mayor Krauss.
Those voting Na being none.
Those absent being Mavar Jacobean.
The motion carried 4-0.
1:38;28 Deputy Mayor l~.rauss
Deputy Mayor Krauss declared a ten minute break.
1;38;32 Break.
1;53;35 Call to Order
Deputy Mayor Krauss called the meeting back to order,
1;53;37 5. Resolution No. 4119, Final Creation of Special Improvement Lighting
District #705, Traditions Subdivision Phases 2 and 3 (Rosenberry)
1:53:45 Ms. Rosenberry
Ms. Rosenberry presented the staff report for the Final Creation of SILD #705.
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1:56:14 Public Comment
Deputy Mayor Krauss opened and dosed public comment. No person commented.
1:56:21 Motion and Vote we adopt Resolution No. 4119, Final Creation of Special
Improvement Lighting District #705, Traditions Subdivision Phases 2 and 3.
It was moved by Cr. Bryson, seconded by Cr. Becker, we adopt Resolution No. 4119, Final
Creation of Special Improvement Lighting District #705, Traditions Subdivision Phases ~
and 3,
Those votin A e ben Crs. B son Becker Ru and De a Ma or Krauss.
Those voting No being none.
Those absent being Mayor Jacobson,
The motion carried 4-0.
1:56:44 7. Reappointment to the Community Affordable Housing Advisory Board
(CAIIAB) {Delaney)
1:56:53 Motion and `Vote the reappointment of Jennifer Frank.
It was moved by Cr. Rupp, seconded by Cr. Bryson, the reappointment of Jennifer Frank.
Those voting A,ye being Crs. Rupp, Bryson, Becker, and Deputy Mayor Krauss.
Those votint: No being none.
Those absent being Mayor Jacobson.
The motion carried 4-0.
1.57:16 $. Making an offer to Gallatin County to purchase 5 acres at the southwest
corner of the current Law and Justice site {Kukulski)
1:57:32 Ms. Arkeil
Ms. Arkell stated that his letter asks the County Commission to let you know 6y August 29
whether or not they arc willing to sell that five acres in the southwest corner of the Law and
3ustice complex to the City of Bozeman for the appraised value.
1:58:53 Marty Kent, Bozeman police Dept.
Mr. Kent understands that the southwest property would require a re-appraisal, and said we've
been. told that the northwest and southwest corners would be different in their appraisal value.
1:59:3 9 Cr. Rupp
Cr. Rupp wanted to add to the letter why we dismissed the northwest corner; it was because of
access. He suggested maybe adding to the third paragraph, "Thanks for working with us, but we
really can't consider anything that doesn't have the access to Koch, which is why we moved on to
the southwest corner."
2:Qp:d6 Deputy Mayor Krauss
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Deputy Mayor Krauss agreed that the northwest corner has insufficient access, and that's
according to our consultant and the police.
2:01:01 Public Comment
Deputy Mayor Krauss opened and closed public comment. No person commented.
2:01:0$ Motion and Vate approval of the letter subject to the changes indicating the reasons
for the northwest corner being insufficient as a result of limited access, however that gets
phrased.
It was moved by Cr. Bryson, seconded_by_Cr, Becker, approval of the letter subject to the
changes indicating the reasons far the northwest corner being insnfficient as a result of
limited access, however that ~ets_phrased.
Those voting Ave being Crs, Bryson, Becker, Rupp, and Deputy Manor gauss.
Those voting No being none.
Those absent being Mayor Jacobson.
The motion carried 4-0.
2:01::36 ~. I~YYIDiscussion
2:01:45 Ms. Arkell -Services for former Cr. Joe Frost are being scheduled for Tuesday, August
14
2:02:01 Cr. Bryson and Deputy Mayor Krauss - Advertise a quorum of Commissioners in
advance to attend the funeral
2:02:27 Ms. Rosenberry -Invited the Commission to a Dept. of Revenue meeting on August 12
at 1 p.m. at local Dept, of Revenue Office regarding taxable value certification
2:03:02 Deputy Mayor Krauss -Plans to attend that DOR Meeting
2:04:45 Karen Semerau, Executive Assistant -Acknowledgment of Deputy City Clark Cynthia
Jordan Delaney's final Commission meeting
2:05:26 Deputy Mayor Krauss -Thank you to Ms. Delaney
2:06:20 19:52:41 Cr. Rupp and Deputy Mayor Krauss -Okay to reconsider street
issue (Cottonwood and Tracy) that was brought up tonight
2:07:04 Deputy Mayor Krauss, Cr. Rupp, and Cr. Bryson -Agreed that they are good with the
stop sign on Cottonwood
2:07:29 Deputy Mayor Krauss and Cr. Rupp -For an upcoming agenda, reconsider the
installation of the terr~porary pod
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2:Q8:36 Deputy Mayor Krauss -All crf Commission will probably be attending Joe l;rost's
memorial service, and have a moment of silence for hire on next week's agenda
2:10:fl5 ~. Adjournment
Deputy Mayor Krauss adjourned the meeting at 7:57 p.m.
AT'T'EST:
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St cy Tim n, Cfty ~'lerk _
1'1tEPARED BY:
_ ,~
` ~ .~ .. _ ,
Cy~~t}~ia~To~ z~ Delaney, Deputy City l.lUrk~
Approved on ~ _ t ~~ °~
~...>
~-~
Jeff Kr s , uty ~'layor _
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