HomeMy WebLinkAbout6-2-08_April 21, 2008 Minutes1
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 21, 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, April 21, 2008 at 6:00 p.m. Present were Mayor
Kaaren Jacobson, Cr. Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, Acting City
Manager/Director of Public Service Debbie Arkell, Planning Director Andy Epple, Assistant
City Attorney Tim Cooper, Finance Director Anna Rosenberry, Assistant to the City Manager
and Neighborhood Coordinator Brit Fontenot, and Deputy City Clerk Cynthia Jordan Delaney.
0:06:30 A. Call to Order - 6 p.m. - Community Room, Gallatin County Courthouse, 311
West Main Street
Mayor Jacobson called the meeting to order.
0:06:32 B. Pledge of Allegiance and a Moment of Silence
0:07:16 Changes to the Agenda - Acting City Manager/Director of Public Service Debbie Arkell
There were no changes to the agenda.
0:07:28 C. Public Service Announcement - Earth Day and Clean-up Event (Baker)
0:07:30 Brit Fontenot, Assistant to the City Manager and Neighborhood Coordinator
Mr. Fontenot reminded the public and Commission about the Gallatin Earth Day Celebration
happening on April 25-26, and he reviewed the schedule.
0:09:13 D. Minutes - February 25, 2008 and March 24, 2008
0:09:14 Motion and Vote to approve the Minutes for February 25 and March 24.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Minutes for February
25 and March 24.
Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
0:09:34 E. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign the Standard Form of Agreement and Architect's
Services Agreement between the City of Bozeman and Dowling Sandholm
Architects for the Expansion of the Landfill Building (Goehrung)
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3. Authorize City Manager to sign the Standard Form of Agreement and Architect's
Services Agreement between the City of Bozeman and Dowling Sandholm
Architects for the Expansion of the Lower Yard Shop Area (Goehrung)
4. Authorize the Write-off of Stale Checks and Past-due Accounts Receivable from
City's Financial Records/General Ledger (LaMeres)
5. Authorize City Manager to sign the Professional Services Agreement between the
City of Bozeman and Great West Engineering, Inc. for the 2008 Sewer Rehab
Project (Murray)
6. Authorize City Manager to sign the College Street and South 11th Avenue
Intersection Improvements Study Professional Services Agreement (Stodola)
7. Authorize City Manager to sign the Recycling Bin Debt Agreement between the
City of Bozeman and Headwaters Recycling, Inc. (Arkell)
8. Approve Cancelling the Policy Meeting on Wednesday, April 23, 2008 (Ulmen)
9. Approve Resolution No. 4099, Special Improvement Lighting District #704,
Baxter Square Subdivision Phase 1-4 (Shannon)
10. Approve Buttrey's Solvent Site Cost Recovery (Luwe)
11. Finally adopt Ordinance No. 1743, 19th Capital Group Zone Map Amendment
#Z-07251 (Krueger)
0:09:54 Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
0:10:11 Cr. Rupp
Cr. Rupp clarified that Consent item #4 is about writing off stale checks, and these are accounts
receivable. He recognized three names and objected to those names being on the list: Mike
Jarrett, Shirtworks, and New West Health Services. He asked if we are unable to locate those
individuals.
0:10:44 Anna Rosenberry, Finance Director
Ms. Rosenberry responded that her understanding is that yes, according to the procedures the
Finance Dept. follows, those came up as unable to locate. We could certainly exclude them from
the list and give it another try.
0:11:29 Cr. Rupp
Cr. Rupp asked if Consent item #6 will include putting a traffic officer there in the morning from
7:30 a.m. to 8:30 a.m., which is its busy time.
0:11:36 Ms. Arkell
Ms. Arkell responded that this contract would not include that.
0:11:41 Motion and Vote with the changes to item #4, approve of Consent items E. 1-5 and
7-11.
It was moved by Cr. Rupp, seconded by Cr. Bryson, with the changes to item #4, approve
of Consent items E. 1-5 and 7-11.
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Those voting Aye being Crs. Rupp, Bryson, and Becker.
Those voting No being Cr. Krauss and Mayor Jacobson.
The motion carried 3-2.
(The changes to Consent item #4 were excluding Mike Jarrett, Shirtworks, and New West
Health Services from the list and have Finance attempt to contact them again.)
0:12:35 Motion and Vote to approve Consent item #6.
It was moved by Cr. Bryson, seconded by Cr. Krauss, to approve Consent item #6.
Those voting Aye being Crs. Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being Cr. Rupp.
The motion carried 4-1.
0:13:06 F. Public Comment
Mayor Jacobson opened public comment.
0:13:22 Jim Walseth - Public Comment
Mr. Walseth, of 603 West Babcock, is here representing only himself. He supports retaining the
Story Mansion and read his recent letter to the editor saying that they should sacrifice to buy
Story Mansion for future generations. He discussed the conservative campaign that is trying to
undo the Commission's decision. If starting to overturn Commission decisions, start with the
liability to taxpayers for street impact fees, which will cost more than this mansion.
0:16:38 Dennis Stoner - Public Comment
Mr. Stoner, of 609 South Grand, is representing a small group of neighbors concerned about a
new Certificate of Appropriateness for 608 South Grand that was issued in April without their
knowledge. One of the preliminary COA's conditions of approval in July 2007 was that the
Historic Preservation Board and the neighbors be contacted and involved with the review
process. They feel the design does not comply and have submitted an appeal.
0:19:30 Cathy Costakis - Public Comment
Ms. Costakis, of 408 Bonner Lane, thanked the Mayor for making the Mayoral Proclamation for
Screen-Free Week. She mentioned the community-wide campaign with 20 organizations offering
support and the variety of free or low-cost activities at the library or the Emerson. She gave the
Commission copies of the Screen-Free Week newspaper insert.
0:22:08 Stephen Johnson - Public Comment
Mr. Johnson, of 25 North Willson, the Executive Director of the Gallatin Valley Land Trust,
gave the Commission the completely executed documents related to the completion of Burke
Park. He thanked the Commission and hard-working staff for their engagement and commitment
to this project, which will be for the generations.
0:22:58 G. Mayoral Proclamation
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0:23:06 1. Arbor Day (Mayor Jacobson)
0:23:10 Mayor Jacobson
Mayor Jacobson read the Arbor Day Proclamation for Friday, April 25, 2008.
0:24:25 2. Screen-Free Week (Mayor Jacobson)
0:24:30 Mayor Jacobson
Mayor Jacobson read the Screen-Free Week Proclamation for April 21-27, 2008.
0:25:33 H. Action Items
0:25:36 1. Fish Garage Certificate of Appropriateness with Deviations #Z-08051
(Bristor)
0:26:03 Allyson Bristor, Associate Planner
Ms. Bristor presented the staff report. She stated that two deviations are requested to allow the
new detached garage to exceed the height of the house. Planning staff recommends conditional
approval with four conditions.
0:29:41 Vicki Fish, Applicant
Ms. Fish decided not to speak.
0:30:04 Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
0:30:20 Motion and Vote approval of the Fish Garage Certificate of Appropriateness with
Deviations Z-08051.
It was moved by Cr. Krauss, seconded by Cr. Becker, approval of the Fish Garage
Certificate of Appropriateness with Deviations Z-08051.
Those voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
Refer to the Staff Report in the April 21, 2008 packet for the four conditions of approval.
0:30:50 2. Bozeman Brewery Administrative Code Determination and Administrative
Project Decision Appeal Application #C-08001 and Appeal Application #C-08002 (Epple)
0:30:56 Andy Epple, Planning Director
Mr. Epple presented the staff report. This project pertains to a development proposal that was
preliminarily approved by the Commission last summer. Tonight these are appeals of two
administrative determinations that relate to the final action regarding this Bozeman Brewery
project.
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0:42:50 Mayor Jacobson
Mayor Jacobson and the Commission directed Mr. Epple to proceed with only the first appeal
first (#C-08001) since these appeals are separate issues.
0:43:08 Mr. Epple
Mr. Epple stated that Planning staff advise the Commission not to approve this appeal
application #C-08001 on the grounds that the City's practice of applying a level of service
standards to offsite road improvements is fundamental to the orderly development of the City
and critical to protection of public health and safety.
0:54:22 Mr. Epple
Mr. Epple responded that the code doesn't distinguish between green field and urban infill
projects. This may be a policy discussion that the Commission wants to have.
0:55:55 Cr. Krauss
Cr. Krauss questioned that if a variance wouldn't be recommended for a project like this where
there is 0.6% impact affecting the intersection and it's a highly desirable urban mixed use, what
would we recommend a variance on? What's the minimum we're going to accept?
0:56:28 Mr. Epple
Mr. Epple stated that beyond the variance, a more appropriate avenue is a policy discussion
about the code language and the standards it sets, or direct staff to come back with a text
amendment.
0:57:05 Cr. Krauss
Cr. Krauss stated that he is more interested in looking at our attempt to promote denser infill than
slapping a multi-million dollar requirement on an already failed intersection. He could find
another already failed intersection within a mile of this place. That is the more tangible code
revision.
0:58:32 Cr. Bryson
Cr. Bryson verified that the 18.44.060 D section in the Bozeman Municipal Code has no
flexibility with percentage of impact.
1:00:39 Cr. Bryson
Cr. Bryson asked if a mitigation strategy that we suggest to the applicant be the City putting up
no left turn signs from Peach.
1:01:07 Cr. Bryson
Cr. Bryson stated that we need to find a way to do something without a significant investment
(band aid) at Peach and Rouse until the state goes through and does what they need to do to
upgrade that section of road so we don't stop development or redevelopment in that whole part of
town.
1:02:32 Mayor Jacobson
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Mayor Jacobson requested that the applicant address only the first appeal.
1:02:53 Dan Slone, Applicant
Mr. Slone, of Richmond, VA, is here as part of the development team. They believe the
interpretation of 18.44.060D is inappropriate. It's designed as a green field provision that should
be applied to an internal road plan, not external streets. This project will pay $107,000 in
transportation impact fees. There is no proportionality between seven cars generated by this
project and over $1 million to fix that existing deficient road. He requested that the Commission
overrule staff's interpretation and instruct that 18.44.060 be applied within boundaries of projects
as it was intended.
1:10:42 Public Comment opened.
Mayor Jacobson opened public comment for this first appeal.
1:10:52 Brian Caldwell - Public Comment
Mr. Caldwell, of 601 South Black, addressed proportionality and nexus, stating that it seems
preposterous to put this level of burden on a project. He hopes that a policy could be formulated
that addresses infill development specifically, and that pre-existing failing intersections are
addressed entirely differently than new impacts. He is requesting this waiver because it's the
appropriate way to bring those changes to the UDO that would otherwise be ignored.
1:13:10 Bobbi Clemm - Public Comment
Ms. Clemm, the owner of the property immediately to the east, is here to support Scala
Properties, the 2020 Plan, the infill. This will create a building moratorium on construction for
years. It will be especially problematic for the subject property because it is in such poor
condition and doesn't have years to sit and wait. Hopefully, find a compromise so they can move
forward. Because of the light and it's straight, we take Tamrack and avoid Peach.
1:15:00 Public Comment closed.
Mayor Jacobson closed public comment.
1:15:12 No Applicant Rebuttal
Mr. Slone declined to rebut.
1:15:18 No Planning Rebuttal
Mr. Epple declined to rebut.
1:16:03 Cr. Krauss
Cr. Krauss stated that offsite road improvements have become a point of emphasis independent
of this Commission, and infill projects have been caught by this after the Commission's approval.
Where did this point of emphasis come from?
1:17:27 Cr. Krauss
Cr. Krauss stated that we need to preserve this for any green field development unless you can
prove it's less than .6% or 3% or a specific number.
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1:19:17 Cr. Krauss
Cr. Krauss stated that we need to fix the code on this first one here to adjust what we've seen on
this ratcheted up interpretation to ratchet it back down.
1:20:42 Mayor Jacobson
Mayor Jacobson stated that we need a policy session on this particular subject in the near future;
start working on it.
1:20:51 Cr. Krauss
Cr. Krauss directed staff to come forward with some possible revisions that we would discuss in
a policy discussion, independent of variances and the next appeal discussion. We need to adjust
for the strict interpretation, particularly with regard to infill and density.
1:22:56 Motion to approve Bozeman Brewery Appeal Application C-08001, an Appeal of
Administrative Code Determination, made pursuant to Section 18.66.010 C.5. BMC, which
seeks to overturn the Director of Planning’s determination that Section 18.44.060 D. Level
of Service Street Standards may generally be applied to off-site road improvements.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Bozeman Brewery Appeal
Application C-08001, an Appeal of Administrative Code Determination, made pursuant to
Section 18.66.010 C.5. BMC, which seeks to overturn the Director of Planning’s
determination that Section 18.44.060 D. Level of Service Street Standards may generally be
applied to off-site road improvements.
1:30:18 Vote to approve Bozeman Brewery Appeal Application C-08001, an Appeal of
Administrative Code Determination, made pursuant to Section 18.66.010 C.5. BMC, which
seeks to overturn the Director of Planning’s determination that Section 18.44.060 D. Level
of Service Street Standards may generally be applied to off-site road improvements.
[It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Bozeman Brewery Appeal
Application C-08001, an Appeal of Administrative Code Determination, made pursuant to
Section 18.66.010 C.5. BMC, which seeks to overturn the Director of Planning’s
determination that Section 18.44.060 D. Level of Service Street Standards may generally be
applied to off-site road improvements.]
Those voting Aye being none.
Those voting No being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
The motion failed 0-5.
1:30:34 Bozeman Brewery Appeal Application #C-08002 (Epple)
1:30:41 Mr. Epple
Mr. Epple presented the staff report for appeal application #C-08002. Staff recommends denying
the appeal. The applicant should seek a variance or an amendment to the language of the code.
1:35:03 Cr. Bryson
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Cr. Bryson stated that he is likely to make a determination that there is no impact to that
intersection; he asked if he is at liberty to decide that 0.6% is no impact.
1:42:10 Mr. Epple
Mr. Epple stated that if the Commission overturns this administrative determination, he thinks
staff's marching orders are to come back to you with text amendment immediately.
1:44:43 Mr. Slone, Applicant
Mr. Slone stated that it was a surprise in February 2008 to receive a condition that said in order
to receive your final site plan approval you must spend over $1 million improving an intersection
that you barely impact. If this were really being applied to everyone at every failed intersection,
the City would shut down. The applicant is shut down. No project could accomplish what the
City is asking for in this intersection since several houses and right-of-ways must be condemned.
We encourage you to grant the waiver and instruct the final site plan to be approved without
condition 13.
1:51:35 Public Comment opened.
Mayor Jacobson opened public comment.
1:51:44 Brian Caldwell - Public Comment
Mr. Caldwell, of 601 South Black, stated that by granting this waiver you will instill action in
addressing this issue. By deferring it to further uncertain review criteria, it further sticks our head
in the sand. He suggested that the community should be pushing the Dept. of Transportation to
not put us off. In the 2020 Plan, encourage MDOT to do their part. We need this economic
development now. This is the first opportunity to see evidence of supporting infill.
1:53:34 Public Comment closed.
Mayor Jacobson closed public comment.
1:53:43 No Applicant Rebuttal
Mr. Slone declined to rebut.
1:53:52 No Planning Rebuttal
Mr. Epple declined to rebut.
1:54:07 Cr. Krauss
Cr. Krauss wanted to go ahead and grant this waiver, recognize that it's in lieu of a code, and
immediately move to address this.
1:58:44 Cr. Krauss
Cr. Krauss wanted to say in our findings that 0.6% is generally immaterial and that even our
actions would be possibly greater than that. This is an urban infill project that is historical
preservation, and this is different from green field development. That would set some standard
until we get the code revision going.
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2:01:32 Motion and Vote that we approve the Bozeman Brewery Appeal Application C-
08002.
It was moved by Cr. Rupp, seconded by Cr. Bryson, that we approve the Bozeman
Brewery Appeal Application C-08002.
Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
2:02:22 Motion and Vote that we direct staff to come up with some ideas and some
language to immediately address our concerns expressed today for future policy and to fast
track any UDO revisions that would be required.
It was moved by Cr. Krauss, seconded by Cr. Becker, that we direct staff to come up with
some ideas and some language to immediately address our concerns expressed today for
future policy and to fast track any UDO revisions that would be required.
Those voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
2:03:05 Mayor Jacobson
Mayor Jacobson declared a ten minute break.
2:03:09 Break
2:21:57 Call to Order
Mayor Jacobson called the meeting back to order.
2:22:02 3. County Solid Waste District Recycling Efforts (Arkell)
2:22:06 Ms. Arkell
Ms. Arkell wanted the Commission to be aware of recent issues that have come up with the
Gallatin Solid Waste District and consider whether the proposed number of days that the
convenience station will be open by the district (three days per week) is a concern; whether the
City should operate the household hazardous waste facility at a cost of about $20,000 per year,
and what portion of that expense, if any, we should request reimbursement for from the district;
and the amount of the annual lease, if any, that the district should pay to the City for the use of
that convenience facility.
2:27:55 Steve Johnson, Superintendent of Solid Waste
Mr. Johnson stated that the operation of the convenience station on Story Mill Road is part of the
infrastructure of the City for the public. When landscapers start bringing grass clippings, the use
will double. The district proposed to double the fees, which is a significant issue. To operate the
convenience station is about $117,000 a year. Moving the household hazardous waste facility
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away from the population center would give it little use.
2:43:39 Cr. Bryson
Cr. Bryson's guidance is to keep the hazardous waste program up and running as long as
possible; he likes the idea of the convenience dumping, but it sounds like that's out of our
control.
2:46:32 Cr. Rupp
Cr. Rupp wants to focus on the hazardous waste and doing the best possible job we can in its
disposal, and look at those numbers and costs separate from the convenience factor. He'd be
interested in tracking the grass clippings and shrub disposal.
2:47:44 Cr. Krauss and Cr. Bryson
Cr. Krauss and Cr. Bryson stated that funding the $20,000 for hazardous waste can't be on the
collection.
2:50:01 Cr. Becker
Cr. Becker stated that the City should pursue a lease arrangement with the Solid Waste
Management District, and the district would pay for the operating funds of that facility.
2:51:15 Cr. Becker
Cr. Becker stated that it shouldn't come out of collection fees. The management district should
probably take a serious look at assuming financial responsibility for this. If it is a 6-1 vote, he
would like the Commission to consider a different financing arrangement to get it going. Could
we help the County set up a hazardous waste facility?
2:52:40 Ms. Arkell
Ms. Arkell verified Cr. Becker's meaning: that if the district chose to operate the household
hazardous waste facility in a manner like we are now having it open one time a month that would
be the preferred option. If they don't do that, we should operate the facility.
2:53:05 Cr. Becker
Cr. Becker agreed and stated that we need to operate that hazardous waste facility, and the level
of service should be improved to maybe four days a month.
2:55:00 Mayor Jacobson
Mayor Jacobson stated that we should encourage them to stay open five days a week.
2:55:29 Mr. Johnson
Mr. Johnson clarified that would be operating the household hazardous waste facility at Story
Mill Road.
2:55:39 Mayor Jacobson
Mayor Jacobson agreed.
2:55:42 Cr. Krauss
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Cr. Krauss stated that his assumption with the agreement is they will continue to operate as it has
been operated, and if they're not going to stick with that we need to find out what else they are
not going to honor.
2:56:13 Ms. Arkell
Ms. Arkell summarized the direction give by the Commission: That the Commission would like
us to encourage the district to keep the convenience station at Story Mill Road open five days per
week at a minimum. That the household hazardous waste facility should be operated as it is
currently operated by the City, at least one day per month. If the district does not choose to do
that, then the City would operate the household hazardous waste facility.
2:57:00 Cr. Krauss
Cr. Krauss stated that they need to pay their pro-rated share.
2:57:09 Ms. Arkell
Ms. Arkell responded that we are all the district so the district would pay 100% of the cost then.
2:57:13 Cr. Becker
Cr. Becker agreed, and stated that the district has those choices: either operate it, or we're going
to bill them for the operators in the district.
3:01:03 Mr. Johnson
Mr. Johnson stated that the curbside recycling program should be up and running around the first
of October and that it’s being promoted.
3:03:04 I. FYI/Discussion
3:03:12 Cr. Rupp
Cr. Rupp asked if we had ever finalized our goals.
3:03:24 Ms. Arkell
Ms. Arkell responded that finalizing goals is the sole item on the Commission's April 28 agenda.
3:04:01 Mr. Epple
Mr. Epple stated that the Planning Dept. has received the conditional use permit application for
the recovery house on Church. In May the Board of Adjustment will have its training, and if
scheduled for the BOA this would be the first project they will hear. Staff want to know if the
Commission wants to take authority of this project.
3:04:49 Cr. Krauss, Cr. Rupp, and Mayor Jacobson
Cr. Krauss, Cr. Rupp, and Mayor Jacobson agreed that it is an emotional topic that the neighbors
want the Commission to hear, so they will hear it.
3:05:05 Mr. Epple
Mr. Epple confirmed that staff will bring the CUP to the Commission.
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3:05:53 Cynthia Jordan Delaney, Deputy City Clerk
Ms. Delaney reminded the Commission that there would be no policy meeting on Wednesday,
April 23.
3:06:17 Mayor Jacobson
Mayor Jacobson asked the Commissioners to get their dates for meetings they'll miss to City
Clerk Stacy Ulmen.
3:07:01 Cr. Becker
Cr. Becker wanted an update on the status of the legal opinion of the application appeal for the
COA on the Lieb residence.
3:07:16 Mr. Epple
Mr. Epple stated that he is meeting with the City Attorney tomorrow for legal interpretation on
the Commission's actions when they acted on the project in summer 2007, and he gave the
history of the Lieb project.
3:10:54 Cr. Becker
Cr. Becker stated that maybe they should have a policy discussion about how big of an addition
and how different can it be without the neighborhood being noticed or it coming before the
Commission.
3:15:01 Mayor Jacobson
Mayor Jacobson read into the record a thank you card from the Sunrise Rotary Club.
3:16:23 J. Adjournment
Mayor Jacobson adjourned the meeting at 9:15 p.m.
____________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Cynthia Jordan Delaney, Deputy City Clerk
Approved on ___________________________.
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