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HomeMy WebLinkAbout2008-09-29 Minutes LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 29, 2008 The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, September 29, 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, Finance Director Anna Rosenberry, Assistant City Attorney Tim Cooper, Planning Director Andy Epple, City Clerk Stacy Ulmen, and Deputy City Clerk Aimee Kissel. 0:00:18 A. Call to Order - 6 p.m. -Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Jacobson called the meeting to order at 6:06 p.m. 0:00:19 B. Pledge of Allegiance and a Moment of Silence 0:00:24 C. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign Sewer and Water Pipeline Easements and Agreements, Public Street Easement, Temporary Cul-de-Sac Easements, and Temporary Turn-Around Easement (Cascade Development, Inc.), and Release and Reconveyance of Easement (West Winds Master Homeowners' Association, Inc.), and Temporary Storm Drainage Easements (City of Bozeman) (Stodola) 3. Authorize City Manager to sign Preliminary Declaration for Mendenhall Marketplace Condominiums and Preliminary Declaration for Bozeman Commerce Condominiums for Retail Space Associated with the Downtown Bozeman Intermodal Facility (Goehrung) 4. Approve West Winds Phase 4 Final Plat #P-08006, and Authorize Director of Public Service to Execute the same on behalf of the City of Bozeman (Krueger) 5. Approve Resolution No. 4130, Authorizing the City Manager to sign Change Order No. 4 and Work Change Directive for Durston Road 7th to 19th (Murray) 6. Approve Beer and Wine License for Starky's Authentic Deli (Neibauer) 7. Approve Cancelling the October 2, 2008 Policy Meeting (Ulmen) 8. Award bid to DYK Incorporated and Authorize City Manager to sign the Notice of Award for the 2008 Sourdough Reservoir Rehabilitation Contract (Murray) 0:00:31 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Linked Minutes of the Bozeman City Commission, September 29, 2008 0:00:44 Motion and Vote to approve consent items 1-8 as listed above. It was moved by Cr. Becker, seconded by Cr. Rupp to approve consent items 1-8 as listed above. Those voting Ave being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 0:01:01 D. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:01:29 E. Action Items 0:01:34 1. Resolution No. 4129, supporting the General Obligation Bond proposed by the Gallatin County Commission for Acquisition, Design, Construction, Equipping and Financing an Adult Detention Facility, opened and continued from September 15, 2008 (Tymrak) 0:02:03 Mark Tymrak, Police Chief Mr. Tymrak spoke regarding Resolution No. 4129 and presented a brief overview of the current jail situation stating that the current capacity is 39 inmates. 0:06:00 Jim Cashell, County Sheriff Mr. Cashell stated that the need for a jail has not changed, just the costs. Mr. Cashell asked for support of the Commission regarding the Resolution. 0:08:10 Mayor Jacobson Mayor Jacobson spoke regarding the costs paid to Broadwater County to house inmates from Gallatin County. 0:09:26 Mayor Jacobson Mayor Jacobson spoke regarding the costs associated with transporting inmates to Broadwater County. 0:10:43 Cr. Krauss Cr. Krauss asked what the costs will be per day to house an inmate if the jail is passed. •- -a: 2 rr Linked Minutes of the Bozeman City Commission, September 29, 2008 0:11:10 Mr. Cashell Mr. Cashell estimated $45-$50 per day. 0:13:23 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:13:49 Motion to approve Resolution No. 4129, the amended version. It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Resolution No. 4129, the amended version. 0:18:53 Mayor Jacobson Mayor Jacobson stated that she toured the jail 2 years ago. She spoke regarding the conditions at the jail and that she was told the employment turnover rate was very high. 0:21:40 Cr. Bryson Cr. Bryson stated that it is an investment of public safety and he supports the resolution. 0:24:04 Cr. Becker Cr. Becker spoke in support of the resolution. 0:26:16 Cr. Rupp Cr. Rupp stated that he met with County Commissioners Murdock and Skinner and is in support of the resolution. 0:27:10 Vote on the Motion to approve Resolution No. 4129, the amended version. Those voting Ave being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 0:27:28 2. Update on Buttrey's Solvent Site (Cooper) 0:27:43 Tim Cooper, Assistant City Attorney Mr. Cooper presented an update on the Buttrey's Solvent Site. Mr. Cooper presented a background of the superfund site. The City continues to monitor ground water twice per year. Mr. Cooper spoke regarding the feasibility study. 3 Linked Minutes of the Bozeman City Commission, September 29, 2008 0:38:00 Mayor Jacobson Mayor Jacobson asked that the PCEs be described. 0:38:28 Mr. Cooper Mr. Cooper stated that there was a subfloor issue at Hastings and the Department of Environmental Quality (DEQ) was contacted and tested the area. 0:39:21 Jennie Reece, Moore O-Connell Ms. Reece stated that the study was done and the limits were below the protection limits. 0:40:06 Mayor Jacobson Mayor Jacobson asked about the bioremediation pilot test. 0:40:14 Ms. Reece Ms. Reece stated that the feasibility study was sent to DEQ. We are doing a pilot test prior to final approval from DEQ because we want to treat the area and remove the PCEs. 0:42:29 Cr. Bryson Cr. Bryson spoke regarding a letter written by the Board of Health. 0:43:20 Cr. Rupp Cr. Rupp spoke regarding the financial aspect of the study. 0:44:14 Ms. Reece Ms. Reece stated that the insurance companies are paying 25% of the costs. 0:45:49 Ms. Reece Ms. Reece stated that the issue was identified in 1989. The main expenses at this time are the monitoring of the area. 0:48:16 Debbie Arkell, Director of Public Works Ms. Arkell stated that not all properties have been annexed in the areas near the solvent site. The wells in the area were fixed and those that have been annexed have new water lines. 0:50:47 Mike Miller, Consultant Representative Mr. Miller stated that a pilot testis under way and they hope to see new data by April or May. 0:51:15 Public Comment Mayor Jacobson opened public comment. No person commented. ~M1 4 4 '• Linked Minutes of the Bozeman City Commission, September 29, 2008 Mayor Jacobson closed public comment. 0:51:40 3. Streamline Transportation Funding (Rosenberry) 0:51:45 Cr. Rupp Cr. Rupp excused himself because he has a conflict of interest with the topic to be discussed. 0:51:57 Ms. Rosenberry Ms. Rosenberry presented the Staff Report regarding Streamline Transportation Funding. 0:53:04 Cr. Bryson Cr. Bryson spoke regarding the $15,000 budgeted. 0:53:58 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:54:15 Motion and Vote to approve $15,000 for Streamline Transportation. It was moved by Cr. Bryson, seconded by Cr. Krauss to approve $15,000 for Streamline Transportation. Those voting Ave being Crs. Bryson, Krauss, Becker, and Mayor Jacobson. Those voting No being none. Those abstained being Cr. Rupp. The motion passed 4-0. 0:54:32 Cr. Becker Cr. Becker spoke regarding bus shelters. 0:55:18 4. Road to Home Program Funding (Rosenberry) 0:51:45 Cr. Rupp Cr. Rupp excused himself because he has a conflict of interest with the topic to be discussed. 0:55:20 Ms. Rosenberry Ms. Rosenberry presented the staff report regarding the Road to Home Program Funding. 5 Linked Minutes of the Bozeman City Commission, September 29, 2008 0:56:29 Cr. Krauss Cr. Krauss asked if the City receives a report regarding Road to Home annually. 0:56:40 Ms. Rosenberry Ms. Rosenberry explained that yes, the Commission receives an annual report. 0:56:59 Ms. Rosenberry Ms. Rosenberry spoke regarding the way that the funds have been distributed. 0:57:31 Tracy Menuez, HRDC Ms. Menuez stated that the funds will mainly be used for education purposes. 1:05:31 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 1:05:46 Motion and Vote to approve funding in the amount of $40,000 from the City's Affordable Housing Levy for Road to Home Program Administration in Fiscal Year 2009. It was moved by Cr. Krauss, seconded by Cr. Becker to approve funding in the amount of $40,000 from the City's Affordable Housing Lew for Road to Home Program Administration in Fiscal Year 2009. Those voting Ave being Crs. Krauss, Becker, Bryson, and Mayor Jacobson. Those voting No being none. Those abstained being Cr. Rupp. The motion carried 4-0. 1:06:13 5. Proposed Amendment to the Wastewater Impact Fee Capital Improvement Plan (Murray) 1:06:23 Bob Murray, City Engineering Mr. Murray presented the staff presentation regarding the proposed amendment to the Wastewater Impact Fee Capital Improvement Plan. 1:12:19 Cr. Rupp Cr. Rupp spoke regarding the larger main proposed around 19th to 1 lth. 1:13:44 Cr. Bryson Cr. Bryson spoke regarding adding items to the Capital Improvements Plan. Y. ~ 6 -* Linked Minutes of the Bozeman City Commission, September 29, 2008 1:16:22 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 1:16:37 Motion and Vote approve the proposed amendment to the Wastewater Impact Fee Capital Improvement Plan by replacing Project Number WWIF07 with WWIF14 and schedule the amount of $350,625 in the Impact Fee Capital Improvement Plan Fiscal Year 2009. It was moved by Cr. Becker, seconded by Cr. Rupp to approve the proposed amendment to the Wastewater Impact Fee Capital Improvement Plan by replacing Project Number WWIF07 with WWIF14 and schedule the amount of $350,625 in the Impact Fee Capital Improvement Plan Fiscal Year 2009. Those voting Ave being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 1:17:24 Break 1:41:55 6. Community Tour Highlights (Commission Discussion) 1:42:02 Andy Epple, Planning Director Mr. Epple stated that he does not have a formal presentation but would like direction on items that the Commission feels that staff should put in a work plan. One issue that was identified was the floor area ratios and lot sizes. 1:43:31 Cr. Krauss Cr. Krauss spoke regarding the burrow pit in front of middle school. Regulations need to be adhered to and there should not be boulder filled burrow pits. 1:47:55 Cr. Krauss Cr. Krauss stated that there needs to be matching regulations for setbacks with adjoining neighborhoods. The alignment needs to be respected. 1:58:32 Cr. Krauss Cr. Krauss spoke regarding alleys. Fences should not be built to alleys. 2:00:41 Cr. Rupp Cr. Rupp spoke regarding double fronted lots and is unclear where staff is in addressing this. 7 Linked Minutes of the Bozeman City Commission, September 29, 2008 2:05:30 Cr. Rupp Cr. Rupp stated that he is not comfortable with how Accessory Dwelling Units are processed. 2:11:31 Cr. Krauss Cr. Krauss spoke regarding encouraging historic preservation, and demolition. He gave the depot as an example and talked about properties that are destroyed by neglect. 2:13:31 Cr. Krauss Cr. Krauss spoke regarding fences and asked if there was a standard for construction. 2:13:50 Mr. Epple Mr. Epple stated that standards are in place for fence construction. 2:15:39 Cr. Krauss Cr. Krauss stated that there needs to be a consistent sidewalk policy. 2:17:49 Cr. Bryson Spoke regarding undeveloped areas along sidewalks. 2:21:19 Cr. Krauss Cr. Krauss wondered if there was a limit to how much you can raise a house. 2:22:13 Mr. Epple Mr. Epple stated that the building code standpoint would come into place. 2:24:54 Cr. Krauss Cr. Krauss spoke regarding powder coating lights. 2:25:17 Ms. Arkell Ms. Arkell stated. that the design standards could be amended regarding requiring that lighting poles be powder coated. 2:27:49 Cr. Becker Cr. Becker spoke regarding commercial density. 2:34:37 Cr. Becker Cr. Becker spoke regarding the creation of parking districts. 2:36:43 Cr. Becker Cr. Becker spoke regarding revising the parking regulations. 2:42:41 Cr. Becker Cr. Becker spoke regarding solar panels. He wants to make sure that they are not prohibited. ~'` ~ ,f 8 ,, : Linked Minutes of the Bozeman City Commission, September 29, 2008 2:45:57 Cr. Bryson Cr. Bryson spoke about the elimination of RSLs. 2:49:32 F. FYI/Discussion 2:49:38 1. Introduction of Aimee Kissel Ms. Ulmen introduced Aimee Kissel as the new Deputy City Clerk. 2:50:10 2. Monday, October 6, 2008 City Commission Meeting Ms. Ulmen stated that the October 6, 2008 City Commission Meeting will beheld at the Courthouse. 2:50:29 3. Thanksgiving week Meeting Schedule Cr. Becker asked about the schedule regarding Thanksgiving Week. He is planning to be gone. 2:51:45 4. Old City Hall RFP Brit Fontenot, Assistant to the City Manager spoke regarding the Old City Hall RFP. Discussion took place regarding developing an RFP for hiring a realtor to sell the old City Hall. A majority of the Commission agreed that this should be looked into. 2:56:05 5. North Wallace Traffic Calming area A majority of the Commission agreed that this should not come before them at this time. 3:08:03 6. Fire Chief Chuck Winn's Retirement Party An open house will take place at the Fire Hall from 3-5 p.m. on Tuesday, September 30, 2008. 3:08:14 7. Commission Member to assist with RFP reviews for 11th and College Cr. Krauss volunteered. The Commission agreed. 3:10:19 G. Adjournment Mayor Jacobson adjourned the meeting at 9:21 p.m. VIM "' Kaaren Jacobson, ayor ATTEST: tac U en,_ ity Clerk 9 linked Minutes of the Bozeman City Commission, September 29, 2008 PREPARED BY: St cy lmen, City Clerk Approved on ~~~~Q.~,~ ~ ~ a ~~ U - ~. 10