HomeMy WebLinkAbout12-15-08_September 29, 2008 and November 10, 2008 Minutes1
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.
4
Linked Minutes of the Bozeman City Commission, September 29, 2008
2
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 Aye 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.
5
Linked Minutes of the Bozeman City Commission, September 29, 2008
3
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 Aye 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.
6
Linked Minutes of the Bozeman City Commission, September 29, 2008
4
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 test is 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.
7
Linked Minutes of the Bozeman City Commission, September 29, 2008
5
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 Aye 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.
8
Linked Minutes of the Bozeman City Commission, September 29, 2008
6
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 Levy for Road to Home Program
Administration in Fiscal Year 2009.
Those voting Aye 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 11th.
1:13:44 Cr. Bryson
Cr. Bryson spoke regarding adding items to the Capital Improvements Plan.
9
Linked Minutes of the Bozeman City Commission, September 29, 2008
7
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 Aye 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.
10
Linked Minutes of the Bozeman City Commission, September 29, 2008
8
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.
11
Linked Minutes of the Bozeman City Commission, September 29, 2008
9
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 be held 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.
___________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
12
Linked Minutes of the Bozeman City Commission, September 29, 2008
10
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________.
13
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 10, 2008
*****************************
The Commission of the City of Bozeman met in the Commission Room, City Hall, 121 North
Rouse on Monday, November 10, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr.
Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, City Manager Chris Kukulski,
Finance Director Anna Rosenberry, and Deputy City Clerk Aimee Kissel.
0:01:30 A. Call to Order – 6 p.m. – Commission Room, City Hall – 121 North Rouse
0:01:31 B. Pledge of Allegiance and a Moment of Silence
0:01:35 C. Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:01:42 Chris Kukulski, City Manager
Mr. Kukulski stated that he was not aware of any changes to the agenda.
0:01:53 D. Public Service Announcement - Offices closed
0:01:58 Aimee Kissel, Deputy City Clerk
Ms. Kissel informed everyone that City Offices would be closed Tuesday, November 11, 2008
for Veteran's Day.
0:02:18 E. Minutes - August 25, 2008
0:02:23 Motion and Vote to approve the Minutes for August 25, 2008 as submitted.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Minutes of the August
25, 2008 Commission meeting as submitted.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
0:02:49 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign Professional Services Agreement for Planning
Services for the Downtown Neighborhood Plan (Saunders)
3. Approve the Appointments of Commissioner Krauss and Mayor Jacobson to review
the Depository Bonds and Pledged Securities as of September 30, 2008 (Clark)
4. Approve the Final Plat for the Bozeman SSA Minor Subdivision #P-08009 and
14
Linked Minutes of the Bozeman City Commission Meeting, November 10, 2008
2
Authorize the Director of Public Service to execute the same on behalf of the City of
Bozeman (Cooper)
5. Approve the Building Report for October 2008 (Doersken)
0:02:51 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:03:01 Motion and Vote to approve consent items (F.) 1-5.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve consent items 1-5.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
0:03:19 G. Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:03:43 H. Action Items
0:03:49 1. Award Water Reclamation Facility Bids (Arkell/HDR Engineering Inc.)
0:03:58 Rick Hixson, City Engineer
Mr. Hixson began a presentation to ask the commission to award a contract for a new treatment
facility.
0:07:02 Dan Harmon, HDR Engineering
Mr. Harmon began explaining what has gone into designing the Reclamation Facility.
0:16:34 Mr. Harmon
Mr. Harmon explained why he felt there was such a large variance between the engineering
estimate from HDR and the actual submitted bids.
0:27:36 Mr. Harmon
Mr. Harmon explained what city staff and HDR have revised in Phase 1 of the project award in
response to the high bids.
1:19:10 Public Comment
Mayor Jacobson opened public comment.
15
Linked Minutes of the Bozeman City Commission Meeting, November 10, 2008
3
1:19:31 Adam Harmold - Public Comment
Adam Harmold of 616 South 8th in Bozeman is a retired governmental contract specialist and
has managed large commercial contracts. He would like to ask that the Mayor and
Commissioners do not rush forward with a decision. He felt many red flags went up.
1:21:34 Mayor Jacobson
Mayor Jacobson closed public comment.
1:21:36 Discussion
1:39:32 Motion and Vote to approve and authorize the City Manager to sign the Notice of
Award for the Bozeman Water Reclamation Facility project as recommended by staff and
consulting engineer.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve and authorize the City
Manager to sign the Notice of Award for the Bozeman Water Reclamation Facility project
as recommended by staff and consulting engineer.
1:40:28 Discussion
2:04:05 Vote on the motion to approve and authorize the City Manager to sign the Notice
of Award for the Bozeman Water Reclamation Facility Project as recommended by staff
and engineering.
Those voting Aye being Cr. Krauss, Cr. Rupp, Cr. Becker and Mayor Jacobson.
Those voting No being Cr. Bryson.
The motion carried 4-1.
2:04:38 Mayor Jacobson
Mayor Jacobson moved the discussion into how to pay for the Water Reclamation Bid Award.
2:04:41 Mr. Kukulski
Mr. Kukulski stated that city staff would appreciate direction from the Commission regarding
financing but reminded everyone that they cannot act on the financing aspect because it was not
on the agenda.
2:05:21 Cr. Krauss
Cr. Krauss will not support the worst case scenario given for the growth rate. He would support
assuming a 1% growth rate. He does not support the shops complex as a part of this financing.
He spoke regarding rate increases that were put into place in the past because of the realization
that we would need to upgrade.
2:09:39 Cr. Bryson
Cr. Bryson agreed with a 1% growth projection and agreed with not using the shops money
whether it's saved or from future rate payers to build a shop.
16
Linked Minutes of the Bozeman City Commission Meeting, November 10, 2008
4
2:10:10 Cr. Becker
Cr. Becker would be comfortable switching his preferred growth rate projection from 0 to 1%
and agrees to not include the shops complex. He also stated he might even like to look at 1.5%
depending on what internal growth was projected to be. He also felt that it would be helpful to
know what we are predicting our rate projections would be throughout the entire project.
2:12:16 Cr. Rupp
Cr. Rupp feels that it is important to be straight up with the rate payers and telling them a number
that will only get better not get worse. He also feels it seems confusing to add the shops complex
as part of this discussion and would prefer to have that conversation later. He would like to keep
the 1.5 million already set aside for the shops complex for the shops complex.
2:14:48 Mayor Jacobson
Mayor Jacobson agreed that a 0% growth rate is not realistic and would go along with 1%. She
would prefer to see the shops complex left in there because it is something that needs to be taken
care of.
2:16:11 Mr. Kukulski
Mr. Kukulski explained that the shops complex employees are responsible for the extensive
network of underground pipes that feeds into the Wastewater Facility and they are a critical
component to the functioning of the entire system.
2:22:43 I. FYI/Discussion
2:22:56 1. Reminder of Joint City-Town/County Meeting in West Yellowstone on
November 14, 2008 (Kukulski/Kissel)
Ms. Kissel reminded everyone of a joint City-Town/County Meeting.
2:27:50 Cr. Rupp
Cr. Rupp would like to have some time in the future to talk about what it means if we don't sell
city hall and where we are on some of our properties and where we are with Mandeville and with
the Department of Environmental Quality.
2:28:50 Mr. Kukulski
Mr. Kukulski gave an update regarding the negotiations with the Department of Environmental
Quality.
2:33:14 Mayor Jacobson
Mayor Jacobson thanked the staff for the Wastewater Treatment Project and mentioned that it is
amazing that they are able to manage with the plant already being 20% over capacity.
2:34:06 J. Adjournment
Mayor Jacobson adjourned the meeting at 8:27 p.m.
17
Linked Minutes of the Bozeman City Commission Meeting, November 10, 2008
5
____________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Aimee Kissel, Deputy City Clerk
Approved on ___________________________.
18