HomeMy WebLinkAbout08 25 2008_August 11, 2008 Minutes1
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 11, 2008
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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.
0:14:01 A. Call to Order - 6 p.m. - Community Room, Gallatin County Courthouse, 311
West Main Street
Deputy Mayor Krauss called the meeting to order at 6:01 p.m.
0:14:03 B. Pledge of Allegiance and a Moment of Silence
0:14:59 C. Authorize Absence of Mayor Jacobson
0:15:01 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 Aye being Crs. Becker, Bryson, and Deputy Mayor Krauss.
Those voting No being none.
Those absent being Mayor Jacobson and Cr. Rupp.
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 Saccoccia 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-08072
because of Insufficient Materials (Bristor)
5. Approve Depository Bonds and Pledged Securities as of June 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
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Bozeman City Commission Meeting, August 11, 2008
Preservation, Courtney Kramer, to attend the Montana Historical
Society History Conference in Glasgow, Montana from October 16-18,
2008 (Kramer)
0:15:16 Public Comment
Deputy Mayor Krauss opened and closed public comment. No person commented.
0:15:32 Motion and Vote to approve Consent items D. 1-7.
It was moved by Cr. Bryson, seconded by Cr. Becker, to approve Consent items D. 1-7.
Those voting Aye being Crs. Bryson, Becker, and Deputy Mayor Krauss.
Those voting No being none.
Those absent being Mayor Jacobson and Cr. Rupp.
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 on August 4 the Mayor and Cr. Rupp said some things that he believes to
be an attack on his character, and he is here to set the record straight. He read Mayor Jacobson's
and Cr. Rupp's comments and his June 18 letter to the editor. Mayor Jacobson may not like his
budget interpretation or his petition, but no one should put a spin on his character. Thousands of
people hunger for representative democracy.
0:21:00 Cr. Rupp entered.
Cr. Rupp entered the meeting halfway through Mr. Chase's public comment.
0:21:13 Gale Figgins - Public Comment
Ms. Figgins, who lives at the corner of Tracy and Cottonwood, begged the Commission not to
put that median island in there. They stand to lose as much as $100,000 value on their home.
Most of those accidents are people on Cottonwood going too fast and not yielding the right-of-
way to people on their right on Tracy. To slow traffic on Tracy will not solve the problem. Just a
stop sign on Cottonwood and a 15 mph sign near parks will help immensely.
0:26:09 Public Comment closed.
Deputy Mayor Krauss closed public comment.
0:26:14 Deputy Mayor 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 Arkell, Public Works Director
Ms. Arkell stated that after an extensive study, staff recommended installing stop signs on
Cottonwood Avenue. During public comment, one neighbor suggested a median pod with a 15
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mph park speed limit sign. On May 19, 2008, the Commission directed staff to install stop signs,
temporary pods, and the 15 mph park signs. We are getting ready to install them.
0:28:14 F. Action Items
0:28:17 Deputy Mayor Krauss
Deputy Mayor Krauss stated that we are going into a group of five requests for money from the
Big Box stores. 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.
0:28:55 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.
0:29:04 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.
0:29:28 1. North Seventh Urban Renewal Board Funding Request (Michelle Wolfe,
Chairperson of North Seventh Urban Renewal Board)
0:29:44 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. Our next step is a $150,000 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 don't get this money, this project gets set back several years. We want
$375,000, but if not, we'll do Plan B.
0:37:45 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 Bozeman's Area Economic
Development Plan, continued from July 14, 2008 (Bob Hietala, Prospera Business Network
and Epple)
0:38:09 Bob Hietala, CEO of Prospera Business Network
Mr. Hietala stated that Prospera 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 $25,000, which Prospera will match, instead of last month’s $35,000 request. We
solicited support from the Chamber of Commerce, and David Smith can speak to that tonight.
0:39:53 3. Bozeman Revolving Loan Fund Update and Request for Funding, continued
from July 14, 2008 (Peter Bertelsen and Bob Hietala, Prospera Business Network)
0:39:58 Peter Bertelsen, Program Director of Prospera Business Network
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Bozeman City Commission Meeting, August 11, 2008
Mr. Bertelsen stated that we revised our request for the Revolving Loan Fund. The RLF doesn't
have the capital to sustain the current demand for loans. We need more than $400,000 a year, and
we are requesting $100,000 of Big Box funds.
0:41:30 4. Big Sky Energy Revolving Loan Fund Proposal to request Big Box Funds’
Seed Money to assist Businesses inside the City of Bozeman, continued from July 14, 2008
(Josh Kellar, Northern Rocky Mountain RC & D)
0:41:48 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 rotate back into that account.
0:46:55 Mr. Kellar
Mr. Kellar responded that he thinks that is something we could entertain. We would like to offer
attractive terms, hoping ten years and under.
0:47:40 5. Downtown Bozeman Partnership Big Box Funding Request for a Downtown
Neighborhood Plan, continued from July 14, 2008 (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 $10,000
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 opened.
Deputy Mayor Krauss opened public comment for Action items F. 1-5.
0:54:08 Mike Hope - Public 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 North 7th. The hard core investment in lights and streetscapes downtown helped others
invest there. North 7th needs reinvestment.
0:57:20 Andrew Cetraro - Public Comment
Mr. Cetraro, of 806 North 7th Avenue, spoke about the North 7th TIF District. He referenced
being on the Commission and working with the community for a win-win situation with Big Box
stores. He's had a family-operated business on North 7th since 1969. It's a great plan, and
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business owners are working together. It's a long-term investment that will be well spent and
rewarded.
1:00:46 Lee Hietala - Public Comment
Mr. Hietala, of 216 West Hayes, is here to support NSURB's request for funds. The Commission
has supported this unanimously on several occasion since 2003. There is a real need to beautify
and provide for the safety of our corridors. North 7th shows its age. The downtown will benefit
enormously. The emphasis on this corridor will be positive for private investment. It's the
importance of first in time, first in line.
1:02:52 Carl Solvie - Public Comment
Mr. Solvie, of 1901 South Tracy, is on the NSURB 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 long time. We spent $68,000 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 corridor to be proud of.
1:04:04 David Smith - Public Comment
Mr. Smith, President and CEO 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. Prospera has tools and resources that we don't have.
1:06:44 Corey Williamson - Public Comment
Mr. Williamson, of 203 North Wallace, thanked Josh Kellar for the energy loan fund proposal.
He has a small business building green houses; his fledgling buisness 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 Megan Kujawa - Public Comment
Ms. Kujawa, who works with NorthWestern Energy's Energy Efficiency and Renewables
Program in Butte, spoke on 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 Stevenson - Public Comment
Mr. Stevenson, of 3009 Westridge Drive, passed out a handout. He is a mechanical engineer that
specializes in the implementation 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 Comment
Ms. Hubert, who owns Buggy Bath Carwash at 1111 East Main, spoke in support of the Energy
RLF. She is trying to work on energy conservation. She heard about Josh Kellar and says the
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only way she can do what she wants with energy at the carwash is to have a low interest loan.
This really excites her.
1:16:21 Public Comment closed.
Deputy Mayor Krauss closed public comment and the public hearing.
1:17:27 Cr. Bryson
Cr. Bryson stated that for discussion purposes, he is looking at $222,000 for 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 with
Prospera in conjunction with the Chamber; $50,000 for the Downtown Neighborhood Plan;
$50,000 for the Energy Revolving Loan Fund for the RC&D; that leaves some 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. He is interested in
$222,000 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.
1:20:53 Cr. Becker
Cr. Becker agrees with the way that Cr. Bryson and Deputy Mayor Krauss broke it out, and he is
okay with $60,000 into the energy fund.
1:23:02 Cr. Bryson
To answer Cr. Rupp's concerns, Cr. Bryson stated that we've gotten the Chamber and Prospera
together, and we can formulate in a motion to stay in together.
1:24:07 Deputy Mayor Krauss
Deputy Mayor Krauss sees the value of Prospera being lead dog and taking information from the
Chamber and incorporating it.
1:24:56 Cr. Rupp
Cr. Rupp wants the North 7th TIF District to stay with the $232,000 and include the $10,000 for
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.
He 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 or 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 $232,000, 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
from 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 $232,000, 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
Board up to the amount of $232,000, 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
from the North Seventh Urban Renewal Board up to the amount of $232,000, subject to
applicable rules of the City of Bozeman.]
Those voting Aye being Crs. Rupp, Bryson, Becker, and Deputy Mayor Krauss.
Those voting No being none.
Those absent being Mayor Jacobson.
The motion carried 4-0.
1:35:19 Motion and Vote that we approve $25,000 in Big Box Funds for the development of
an Economic Development Plan through Prospera in conjunction 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 $25,000 in Big Box
Funds for the development of an Economic Development Plan through Prospera in
conjunction with the Chamber of Commerce, including compliance with all applicable
rules that may or may not apply.
Those voting Aye being Crs. Bryson, Becker, Rupp, and Deputy Mayor Krauss.
Those voting No being none.
Those absent being Mayor Jacobson.
The motion carried 4-0.
1:36:04 Motion to approve Prospera Business Network proposal committing $100,000 from
the City's Development Impact Fund.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Prospera Business Network
proposal committing $100,000 from the City's Development Impact Fund.
1:36:59 Vote to approve Prospera Business Network proposal committing $100,000 from
the City's Development Impact Fund.
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Bozeman City Commission Meeting, August 11, 2008
[It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Prospera Business
Network proposal committing $100,000 from the City's Development Impact Fund.]
Those voting Aye being none.
Those voting No being Crs. Becker, Rupp, Bryson, and Deputy Mayor Krauss.
Those absent being Mayor Jacobson.
The motion failed 0-4.
1:37:20 Motion and Vote to capitalize the Big Sky Energy Revolving Loan Fund using
$60,000 of funds obtained through the City of Bozeman's Development Impact Box Fund,
subject to all applicable rules for the City of Bozeman.
It was moved by Cr. Becker, seconded by Cr. Rupp, to capitalize the Big Sky Energy
Revolving Loan Fund using $60,000 of funds obtained through the City of Bozeman's
Development Impact Box Fund, subject to all applicable rules for the City of Bozeman.
Those voting Aye being Crs. Becker, Rupp, Bryson, and Deputy Mayor Krauss.
Those voting No being none.
Those absent being Mayor Jacobson.
The motion carried 4-0.
1:38:00 Motion and Vote that we allocate $50,000 from the Development Impact Fund to
help finance the Downtown Neighborhood Plan, subject to the applicable rules.
It was moved by Cr. Rupp, seconded by Cr. Bryson, that we allocate $50,000 from the
Development Impact Fund to help finance the Downtown Neighborhood Plan, subject to
the applicable rules.
Those voting Aye being Crs. Rupp, Bryson, Becker, and Deputy Mayor Krauss.
Those voting No being none.
Those absent being Mayor Jacobson.
The motion carried 4-0.
1:38:28 Deputy Mayor Krauss
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 6. 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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Bozeman City Commission Meeting, August 11, 2008
1:56:14 Public Comment
Deputy Mayor Krauss opened and closed 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 2
and 3.
Those voting Aye being Crs. Bryson, Becker, Rupp, and Deputy Mayor 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
(CAHAB) (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 Aye being Crs. Rupp, Bryson, Becker, and Deputy Mayor Krauss.
Those voting No being none.
Those absent being Mayor Jacobson.
The motion carried 4-0.
1:57:16 8. 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. Arkell
Ms. Arkell stated that his letter asks the County Commission to let you know by August 29
whether or not they are willing to sell that five acres in the southwest corner of the Law and
Justice 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.
1:59:39 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."
2:00:06 Deputy Mayor Krauss
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Bozeman City Commission Meeting, August 11, 2008
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.
2:01:08 Motion and Vote 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 for the northwest corner being insufficient as a result of
limited access, however that gets phrased.
Those voting Aye being Crs. Bryson, Becker, Rupp, and Deputy Mayor Krauss.
Those voting No being none.
Those absent being Mayor Jacobson.
The motion carried 4-0.
2:01:36 G. FYI/Discussion
2:01:45 Ms. Arkell - Services for former Cr. Joe Frost are being scheduled for Tuesday, August
19
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 Clerk 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 temporary pod
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2:08:36 Deputy Mayor Krauss - All of Commission will probably be attending Joe Frost's
memorial service, and have a moment of silence for him on next week's agenda
2:10:05 H. Adjournment
Deputy Mayor Krauss adjourned the meeting at 7:57 p.m.
____________________________________
Jeff Krauss, Deputy Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Cynthia Jordan Delaney, Deputy City Clerk
Approved on ___________________________.
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