HomeMy WebLinkAbout2008-08-04 Regular Meeting MinutesMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 4, 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 Room, Gallatin County Comihouse, 311 West Main Street, on Monday, August 4, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, and Cr. Jeff Rupp, City Manager Chris Kukulski, Planning Director Andy Epple, Assistant City Attorney Tim Cooper, Director of Finance Anna Rosenbeny, and City Clerk Stacy Ulmen. A. Call to Order-6 p.m.-Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Jacobson called the meeting to order. B. Pledge of Allegiance and a Moment of Silence Changes to the Agenda 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 he would like to introduce Mr. and Mrs. Bozeman prior to the public comment section on the agenda. C. Minutes-June 5, 2008 Policy Meeting, June 9, 2008, and June 23, 2008 Motion and Vote to approve the minutes of the June 5, 2008 Policy Meeting, June 9, 2008, and June 23, 2008. It was moved by Cr. Becker, seconded by Cr. Rupp to approve the minutes of the June S, 2008 Policy Meeting, June 9, 2008, and June 23, 2008. Those voting Aye being Crs. Becker, Rupp, Bryson, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. D. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize Mayor to sign the City of Bozeman Constrnction Agreement State-Maintained Route for Griffin Drive-North 7th to Rouse and the City of Bozeman
Mi1111tes of the Bozeman City Co111111issio11, August 4, 2008 Construction Agreement City-Maintained Route Oak Street-19th to 7th with the Montana Department of Transp01iation (Hixson) 3. Approve the Appointments of Cr. Rupp and Cr. Bryson to review the Depository Bonds and Pledged Securities as of June 30, 2008 (Clark) 4. Approve Paralegal Day Proclamation (Ulmen) 5. Approve Resolution No. 4118, Intent to Create Special Improvement Lighting District No. 706, West Winds Subdivision Phase 4 (Shannon) 6. Approve the Gallatin City-County Health Department Budget for Fiscal Year 2009 (Stephanie Nelson, Health Officer) 7. Approve a Liquor License for Buffalo Wild Wings Grill & Bar to sell Liquor at 2047 West Oak Street (Neibauer) Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to approve Consent items D. 1-7 as listed. It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Consent items D. 1-7 as listed. Those voting Aye being Crs. Rupp, Bryson, Becker, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. E. Public Comment Mayor Jacobson opened public comment. Mr. Kukulski Mr. Kukulski introduced Mr. and Mrs. Bozeman who are visiting from Georgia and are related to John Bozeman, the founder of the City. Rick Bozeman, Public Comment Mr. Bozeman spoke regarding his excitement of his visit to the City of Bozeman. Steve Kirchoff, Public Comment Mr. Kirchoff suggested that the City fund a feasibility study regarding the Story Mansion. If the · study indicates a private ownership, a private public partnership, or public ownership, the City should go with the option that is revealed to be the best. Use SAT money to fund the study. 2
Minutes of the Bozeman City Co111111issio11, August 4, 2008 Derik Strong, Public Comment Mr. Strong of 412 West Harrison spoke regarding the Story Mansion. He feels that there needs to be a clear direction from the City Commission. He addressed 4 points that the Commission should consider. Sara Glover, Public Comment Ms. Glover of 3103 Agusta Drive spoke regarding the One Book One Bozeman Program. Ms. Glover stated that this is a community wide reading program. There are some community events planned which will begin in September. Jim Woolseth, Public Comment Mr. Woolseth of 603 West Babcock spoke regarding the Story Mansion. He spoke regarding putting the Story Mansion on a ballot. He does not agree. Kirk Miller, Public Comment Mr. Miller, Superintendent of Schools in Bozeman, spoke in support of the ALTA Planning rep01i regarding the Safe Routes to Schools Plan. Mr. Miller thanked staff members for getting the funding together to get the plan stmied. Cathy Costakis, Public Comment Ms. Costakis of 408 Bonner Lane, thanked the Commission and City for getting the Safe Routes to Schools Plan stmied. Chris Mehl, Public Comment Mr. Mehl spoke regarding the Story Mansion. Mr. Mehl encouraged the Commission to consider the proposal to conduct a study. Carson Tavlor, Public Comment Mr. Taylor spoke regarding the Story Mansion. He encouraged the Commission not to put the issue on the ballot. He supp01is Mr. Kirchoff s suggestion. Bob Chase, Public Comment Bob Chase asked that the Commission consider adding a discussion regarding the background of the Story Mansion petition on the upcoming agenda on August 11, 2008. He would also like the Commission to take action on adding the item to the ballot. Public Commentclosed Mayor Jacobson closed public comment. F. Mayoral Proclamation This item was approved in the Consent agenda and therefore was not read. G. Special Presentation-Safe Routes to Schools Plans -Final Repo1i (Joe Gilpin, Planner, Alta Planning+ Design) 3
Minutes of the Bozeman City Co111111issio11, August 4, 2008 Joe Gilpin, Planner, Alta Planning + Design Mr. Gilpin presented a special presentation and power point on the Safe Routes to Schools Plans Final Report. This is a partnership where different parts of the plan were paid from different sources. All of the resources are on the City of Bozeman website. Cr. Bryson Cr. Bryson asked how much funding the Bozeman School District contributed to the plan. He urged that the School board see the impmiance of contributing to the project. Mr. Gilpin Mr. Gilpin stated that they have not contributed any funding. Authorize the absence of Cr. Krauss. Motion and Vote to authorize the absence of Cr. Krauss. It was moved by Cr. Bryson, seconded by Cr. Becker to authorize the absence of Cr. Krauss. Those voting Aye being Crs. Bryson, Becker, Rupp, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. H. Action Items 1. Resolution No. 4111, Revising the Fee Schedule for the Department of Planning and Community Development, opened and continued from July 21, 2008 (Saunders) Andy Epple, Planning Director Mr. Epple stated that it would be best to consider Resolution No. 4111 after the budget workshop takes place on August 18, 2008. Motion and Vote to open and continue Resolution No. 4111to August 18, 2008. It was moved by Cr. Becker, seconded by Cr. Rupp to open and continue Resolution No. 4111 to August 18, 2008. Those voting Aye being Crs. Becker, Rupp, Bryson and Mayor Jacobson. Those voting No being none. The motion carried 4-0. 4
Minutes of the Bozeman City Commission, August 4, 2008 2. Final Adoption of the Bozeman Municipal Climate Action Plan (Baker/Meyer) Hattie Baker, former City Sustainability Coordinator Ms. Baker presented a power point presentation on the Bozeman Municipal Climate Action Plan. Ms. Baker stated that the Commission has received the Climate Action Plan. The Task force introduced themselves to the Commission. Public Comment Mayor Jacobson opened public comment. Jennifer Swearingen, Public Comment Ms. Swearingen of 502 South 6111 spoke regarding the Climate Action Plan. She urged the Commission to adopt the recommendations in the plan and to work toward setting up and creating a new plan for the Community as a whole. Mark Johnson, Public Comment Mr. Johnson of 107 North Western Drive encouraged the Commission to adopt the Climate Action Plan and to create a new plan for the Community as a whole. Valarie Harms, Public Comment Ms. Harms of 3701 River Valley urged the Commission to suppmi the Action Plan and move ahead with a second plan. Marcia Youngman, Public Comment Ms. Youngman of 1214 West Koch stated that this is well rounded with the Mayor's Climate Protection agreement. She urged that the second task force move forward. Otto Pohl, Public Comment Mr. Pohl stated that he was a member of the task force. He spoke regarding funding and the energy fund. Scott Bishke, Public Comment Mr. Bishke stated that the plan is not the goal, but begins the process. He encouraged the second Community Plan. Don Killian, Public Comment Mr. Killian of 3 Northwestern Drive spoke regarding reducing costs in his own home. He stated that it is important that materials need to be available so people know what areas to look at first. 5
Minutes of the Bozeman City Commission, August 4, 2008 Ron Gumperts, Public Comment Mr. Gumperts of 810 South Wilson stated that he supports the task force. Peter Belschwender, Public Comment Mr. Belschwender of North Grand urged the Commission to adopt the plan. There are some things in the plan that will save money right away. Cathy Costakis, Public Comment Ms. Costakis of 408 Bonner Lane spoke regarding air quality and economic health. She urged the Commission to adopt the plan and appoint a second task force. Natalie Meyer, Public Comment Ms. Meyer stated that there is federal funding for energy efficiency programs. Patrick McGowan, Public Comment Mr. McGowan stated that he is a Belgrade resident but that he was on the task force at one time. He urged the Commission to lead as a City and get the public involved. JP Po11111ichowski, Public Comment Ms. Pomnichowski of 222 West Ridge stated that she suppmis the adoption of the plan and urged the Commission to move forward on the Community plan. She spoke regarding the legislative initiative regarding renewable resources. Mayor Jacobson closed public comment. Mayor Jacobson Mayor Jacobson stated her appreciation to the task force. Mr. Kukulski Mr. Kukulski thanked Hattie Baker for her work on the plan. Motion to adopt the Bozeman Municipal Climate Action Plan. It was moved by Cr. Rupp, seconded by Cr. Becker to adopt the Bozeman Municipal Climate Action Plan. Cr. Bryson Cr. Bryson stated that he has concerns with some of the suggestions in the plan. He does not know if it is the City's responsibility to enforce the Community Action Plan. 6
Minutes of the Boze111a11 City Co111111issio11, August 4, 2008 Mayor Jacobson Mayor Jacobson stated that each City Department should look at the plan and see how to implement some of the suggestions. Debbie Arkell, Director of Public Services Ms. Arkell stated that staff has researched using micro-turbines at the wastewater treatment plant. Engine generators are proposed and are more cost effective. Cr. Becker Cr. Becker stated that he is ready to adopt this plan and move forward with the Community plan. Cr. Rupp Cr. Rupp stated that his motion is to move forward. Vote to adopt the Bozeman Municipal Climate Action Plan. Those voting Aye being Crs. Rupp, Becker, and Mayor Jacobson. Those voting No being Cr. Bryson. The motion carried 3-1. Mayor Jacobson Mayor Jacobson feels that the City should move fo1ward with the Community plan. The City needs to set the example. Ms. Baker Ms. Baker stated that other communities have implemented a Community plan. Motion to direct the City Manager to come back with a plan for implementation of a Community Wide Plan where the City takes a leadership role. It was moved by Cr. Bryson, seconded by Cr. Becker to come back with a plan for implementation of a Community Wide Plan where the City takes a leadership role. Vote on the Motion to direct the City Manager to come back with a plan for implementation of a Community Wide Plan where the City takes a leadership role. Those voting Aye being Crs. Bryson, Becker, Rupp, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. Break 7
Minutes of the Bozeman City Co111111issio11, August 4, 2008 3. Knolls at Hillcrest Zone Map Amendment #Z-08119 (Riley) Dave Skelton, City Planner Mr. Skelton presented the staff repo1i and power point presentation for the Knolls at Hillcrest Zone Map Amendment #Z-08119. Staff is recommending approval with conditions. Cr. Rupp Cr. Rupp asked what the difference in height restriction in the R-0 to R-3 zoning districts. Jason Leep, PC Development Mr. Leep presented the applicant presentation. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to approve the Knolls at Hillcrest Zone Map Amendment #Z-08119, subject to the two contingencies listed in Zoning Commission Resolution #Z-08075. It was moved by Cr. Becker, seconded by Cr. Rupp to approve the Knolls at Hillcrest Zone Map Amendment #Z-08119, subiect to the two contingencies listed in Zoning Commission Resolution #Z-08075. Those voting Aye being Crs. Becker, Rupp, Bryson, and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 4. Fellowship Baptist Church Zone Map Amendment #Z-08075 (Skelton) Dave Skelton, City Planner Mr. Skelton presented the staff repo1i and power point presentation regarding the Fellowship Baptist Church Zone Map Amendment #Z-08075. Staff is recommending approval. Jeremy Shea, Applicant Representative Mr. Shea presented the applicant presentation. Public Comment Mayor Jacobson opened public comment. No person commented. 8
Minutes of the Bozeman Ci(I' Commission, August 4, 2008 Mayor Jacobson closed public comment. Motion and Vote to approve the Fellowship Baptist Church Zone Map Amendment #Z-08075, subject to the four contingencies listed in the (staff) report. It was moved by Cr. Rupp, seconded by Cr. Bryson to approve the Fellowship Baptist Church Zone Map Amendment #Z-08075, subject to the four contingencies listed in the (staff) report. Those voting Aye being Crs, Rupp, Bryson, Becker, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. 5. City Landfill Shops Addition Site Plan #Z-08131 (Krueger) Andy Epple, Director of Planning Mr. Epple presented the staff report regarding the City Landfill Shops Addition Site Plan #Z-08131. Staff is recommending approval. Steve Johnson, Sanitation Superintendent Mr. Johnson spoke regarding the inefficiencies of the existing building and how the proposed addition will be a benefit for the department. James Goehrung, Superintendent of Facilities Mr. Goehrung stated that they are still in the design phase of this project and it is located on a 200 acre site. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to approve the City Landfill Shops Addition Site Plan #Z-08131 subject to the conditions and code provisions as outlined in the staff report. It was moved by Cr. Bryson, seconded by Cr Becker to approve the City Landfill Shops Addition Site Plan #Z-08131 subject to the conditions and code provisions as outlined in the staff report. 9
Minutes of the Bozeman Ci()' Co111111ission, August 4, 2008 Those voting Aye being Crs, Rupp, Bryson, Becker, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. 6. Resolution No. 4113, Establishing a 7% Increase in Street Maintenance District Assessments for FY 2009 (Rosenberry) Anna Rosenberry, Director of Finance Ms. Rosenberry presented the staff report and power point regarding Resolution No. 4113, Establishing a 7% Increase in Street Maintenance District Assessments for FY 2009. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion to adopt Resolution No. 4113, Establishing a 7% Increase in Street Maintenance District Assessments for FY 2009 making the assessment rate 0.01104 per square foot. It was moved by Cr. Becker, seconded by Cr. Rupp to adopt Resolution No. 4113, Establishing a 7% Increase in Street Maintenance District Assessments for FY 2009 making the assessment rate 0.01104 per square foot. Vote on the Motion to adopt Resolution No. 4113, Establishing a 7% Increase in Street Maintenance District Assessments for FY 2009 making the assessment rate 0.01104 per square foot. Those voting Aye being Crs. Becker, Rupp, and Mayor Jacobson. Those voting No being Cr. Bryson The motion passed 3-1. 7. Resolution No. 4114, Establishing Tree Maintenance District Assessments for FY 2009 (Rosenberry) Anna Rosenberry, Director of Finance Ms. Rosenberry presented the staff report and power point regarding Resolution No. 4114, Establishing Tree Maintenance District Assessments for FY 2009. Public Comment Mayor Jacobson opened public comment. 10
Afinutes of the Bozeman City Co111111issio11, August 4, 2008 No person commented. Mayor Jacobson closed public comment. Motion and Vote to approve Resolution No. 4114. It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Resolution No. 4114. Those voting Aye being Crs. Rupp, Bryson, Becker, and Mayor Jacobson. Those voting No being none. The motion passed 4-0. Chris Saunders, Assistant City Planner Mr. Saunders requested that agenda item 9 be addressed before item 8. The Commission agreed. 9. Resolution No. 4110, Adopting the July 2008 Fire/EMS Impact Fee Cost of Service Study Update (Saunders) Chris Saunders, Assistant City Planner Mr. Saunders presented the staff presentation regarding Resolution No. 4110, Adopting the July 2008 Fire/EMS Impact Fee Cost of Service Study Update. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion to approve Resolution No. 4110, Adopting the July 2008 Fire/EMS Impact Fee Cost of Service Study Update. It was moved by Cr. Bryson, seconded by Cr. Becker to approve Resolution No. 4110, Adopting the July 2008 Fire/EMS Impact Fee Cost of Service Study Update. Stacy Ulmen, City Clerk Ms. Ulmen asked for clarification as to whether the intent of the motion was to include the effective date of September 6, 2008. Cr. Bryson Cr. Bryson clarified that it did not include the language regarding the effective date. 11
Minutes of the Bozeman City Commission, August 4, 2008 Vote on the Motion to approve Resolution No. 4110, Adopting the July 2008 Fire/EMS Impact Fee Cost of Service Study Update. Those voting Aye being Crs. Bryson, Becker (after discussion Cr. Becker changed his No to Aye), Rupp and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 8. Final Adoption of Ordinance No. 1746, Amending Chapter 3.24 to incorporate the Updated Fee Study for Fire/EMS Impact Fee (Saunders) Chris Saunders, Assistant City Planner Mr. Saunders presented the staff presentation regarding the Final Adoption of Ordinance No. 1746, Amending Chapter 3.24 to incorporate the Updated Fee Study for Fire/EMS Impact Fee. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to finally adopt Ordinance No. 1746, Amending Chapter 3.24 to incorporate the Updated Fee Study for Fire/EMS Impact Fee to incorporate required changes to implement the new Fire Impact Fee Study and reflect changes to the fee study due to the recently awarded contract for construction of Fire Station #3. It was moved by Cr. Becker, seconded by Cr. Rupp to finally adopt Ordinance No. 1746, Amending Chapter 3.24 to incorporate the Updated Fee Study for Fire/EMS Impact Fee to incorporate required changes to implement the new Fire Impact Fee Study and reflect changes to the fee study due to the recently awarded contract for construction of Fire Station #3. Those voting Aye being Crs. Becker, Rupp, and Mayor Jacobson. Those voting No being Cr. Bryson. The motion passed 3-1. 9. Resolution No. 4117, Final Creation of Special Improvement Lighting District #694, Traditions Subdivision Phase 1 (Rosenberry) 12
Minutes of the Bozeman City Commission, August 4, 2008 Ms. Rosenbe1ry Ms. RosenbeITy presented the staff report regarding Resolution No. 4117, Final Creation of Special Improvement Lighting District #694, Traditions Subdivision Phase 1. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to approve Resolution No. 4117, Final Creation of Special Improvement Lighting District #694, Traditions Subdivision Phase 1. It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Resolution No. 4117, Final Creation of Special Improvement Lighting District #694, Traditions Subdivision Phase 1. Those voting Aye being Crs. Rupp, Bryson, and Mayor Jacobson. Those voting No being Cr. Becker. The motion passed 3-1. 11. Appointments to the Board of Ethics (Delaney) Motion to appoint Carson Taylor (to a three year term), Rodger McCormick, and Stephen Schultz to the Board of Ethics. It was moved by Cr. Bryson, seconded by Cr. Becker to appoint Carson Taylor (to a three year term), Rodger McCormick, and Stephen Schultz to the Board of Ethics. Tim Cooper, Assistant City Attorney Mr. Cooper asked that the Commission define the tenns for the members. Cr. Bryson Cr. Bryson amended his motion to include Carson Taylor's term as a three year term. Vote to appoint Carson Taylor (to a three year term), Rodger McCormick, and Stephen Schultz to the Board of Ethics. Those voting Aye being Crs. Bryson, Becker, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 13
Minutes of the Bozelll(III City Co111111issio11, August 4, 2008 12. Appointment to the City Planning Board (Delaney) Mayor Jacobson Mayor Jacobson appointed Dawn Smith to the City Planning Board. I. FYI/Discussion 1. Reminder of the League of Cities and Towns District #10 Meeting at 10:30 a.m. on Thursday, August 7, 2008 at City Hall (Kukulski/Ulmen) 2. Reminder of the Policy Meeting on Thursday, August 7, 2008 from Noon-1:30 p.m. at City Hall (Kukulski/Ulmen) 3. Confirm Attendance at the Special Meeting on Friday, August 8, 2008 at 7 a.m. at City Hall to hold a Discussion with the Architect regarding the Law & Justice Center (Kukulski/Ulmen) 4. Reminder of the Joint City-Town County Meeting on Friday, August 8, 2008 at Noon at MacKenzie River Pizza in Belgrade (Kukulski/Ulmen) The Commission spoke regarding these meetings and stated which ones they would be available to attend. Mr. Kukulski Mr. Kukulski stated that he has handed out evaluation tools for his evaluation as City Manager. 5. Story Mansion Petition request to add to the City Commission Agenda on August 11, 2008. The majority of the Commission did not want to add the item to the agenda, however fmiher discussion of the issue is an interest. The Commission agreed that they wanted to discuss Mr. Kirchhoff's comment urging that the City conduct a feasibility study in the future. Scheduling a policy meeting was mentioned. Mayor Jacobson suggested in September. 6. Diane Hertzberg leaving Karen Semerau announced that Diane Herzberg of Bresnan, has been filming the Commission Meetings for quite some time and will be pursuing another endeavor. The Commission thanked Diane for her help. ~ ~ 1 Kaaren Jacobs~ 14
Minutes of the Bozeman City Commission, August 4, 2008 ATTEST: PREPARED BY: Sta; ~' Ci1;lerk Approved on l)(\jnbv! 13 cl)Qg' I ( 15