HomeMy WebLinkAboutDecember 10, 2007 Minutes1
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 10, 2007
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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, December 3, 2007 at 6:00 pm. Present were
Mayor Jeff Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, Cr. Jeff Rupp,
City Manager Chris Kukulski, Planning Director Andy Epple, Assistant Planning Director Chris
Saunders, Assistant City Attorney Tim Cooper, Director of Finance Anna Rosenberry, and City
Clerk Stacy Ulmen.
0:10:52 A. Call to Order – 6:00 pm – Community Room, Gallatin County Courthouse, 311
West Main Street
Mayor Krauss called the meeting to order at 6:00 pm.
0:10:57 B. Pledge of Allegiance and a Moment of Silence
0:12:07 Mayor Krauss
Mayor Krauss stated that Action Item Number 1, regarding Delaney Tax Abatement for Historic
Preservation has been requested by the applicant to be rescheduled.
0:12:22 Chris Kukulski, City Manager
Mr. Kukulski stated that the applicant has asked for the item G. 1 be rescheduled for a January
meeting. The Commission agreed.
0:13:12 C. Public Service Announcement-Climate Protection Task Force Update
(Baker)
This item has been rescheduled to Monday, December 17, 2007.
0:13:19 D. Minutes – August 13, 2007, August 20, 2007, August 27, 2007, and November
13, 2007
0:13:25 Motion and Vote to approve the Minutes of August 13, 2007, August 20, 2007,
August 27, 2007, and November 13, 2007.
It was moved by Cr. Becker, Seconded by Cr. Rupp to approve the Minutes of August 13,
2007, August 20, 2007, August 27, 2007, and November 13, 2007.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
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Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007
0:13:42 E. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize Mayor to sign a Letter on behalf of the City of Bozeman supporting
Montana State University’s Office of International Program’s 2008 Middle East
Partnership Initiative Proposal (Fontenot)
3. Authorize Mayor to sign a Letter on behalf of the City of Bozeman supporting the
Study of the United States Institute for Secondary Educators Proposal (Fontenot)
4. Authorize City Manager to sign a Public Access Easement for the Barnes Condos
Development (Heaston)
5. Authorize Mayor to sign the Findings of Fact and Order for the Preliminary Plat
of Allison Subdivision, Future Phases #P-06051 (Skelton)
6. Authorize City Manager to sign Sewer Pipeline and Access Easement and
Agreement for Diamond Estates Subdivision No. 2, Phases II and III (Skelton)
7. Approve Beer and Wine or Liquor License Renewals for Calendar Year 2008
(Neibauer)
8. Approve Diamond Estates Major Subdivision No. 2, Phase II, Final Plat #P-07049
(Cooper)
9. Approve Resolution No. 4084, Certifying Delinquent City Assessments to the
County (Shannon)
10. Finally adopt Ordinance No. 1728, Amending the Bozeman Municipal Code to
provide for a New Chapter for the Neighborhood Recognition Ordinance
(Fontenot)
0:13:46 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:14:00 Motion and Vote to approve Consent Items E. 1-10.
It was moved by Cr. Rupp, Seconded by Cr. Kirchhoff to approve Consent Items E. 1-10.
Those voting Aye being Cr. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
0:14:17 F. Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:14:53 1. Delaney Request for Tax Abatement for Historic Preservation (Kramer)
0:15:14 Public Comment
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Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:16:14 Brian Gallik, Goetz Law Firm
Mr. Gallik, representative of the applicant spoke, suggesting that the item be placed on the
January 14, 2008 or January 21, 2008 agenda.
0:16:29 Motion and Vote to continue the Delaney Request for Tax Abatement for Historic
Preservation to January 21, 2008 (Ulmen clarified it that the meeting will be the 22nd
because the 21st is a holiday).
It was moved by Cr. Kirchhoff, Seconded by Cr. Jacobson to continue the Delaney Request
for Tax Abatement for Historic Preservation to January 21, 2008 (Ulmen clarified that the
meeting will be the 22nd because the 21st is a holiday).
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being Cr. Rupp.
The motion carried 4-1.
0:17:06 2. Decision regarding Disposition of the Story Mansion Property (Kukulski)
0:17:15 Mr. Kukulski
Mr. Kukulski explained the background of the Story Mansion property. City Staff needs
direction from the City Commission whether to keep the property for public use or to sell the
property for private use.
0:28:59 Public Comment
Mayor Krauss opened public comment.
0:29:12 Jane Klockman, Public Comment
Ms. Klockman of 713 South Wilson, spoke regarding the Story Mansion. She feels the property
should stay in the ownership of the City.
0:33:08 John Harrison- Public Comment
Mr. Harrison from the Sigma Chi Futurity, 722 South Wilson, stated that the Community would
benefit by keeping the Story Mansion.
0:33:58 Rachael Wallace, Public Comment
Ms. Wallace of 401 South Wilson, urged the City to keep the building in the public domain.
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Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007
0:36:55 Pierce Mullen- Public Comment
Mr. Mullen of 11 Hill Street, stated the Story Mansion has a strong element of fitting the City's
needs. Mr. Mullen read a letter from Esther Nelson who also supports the property for public
use.
0:40:24 James Goetz, Public Comment
Mr. Goetz of Goetz, Gallik & Baldwin, stated that he supports public efforts but is not sure if it is
economical. He has an interest in purchasing the property.
0:43:52 Michael Dean, Public Comment
Mr. Dean of 617 North Wilson, stated he is in favor of keeping the Story Mansion in public
hands.
0:45:05 Steve Wallace, Public Comment
Mr. Wallace of 401 South Wilson, spoke regarding his support of keeping the property in public
use.
0:45:58 Bob Ekey, Public Comment
Mr. Ekey of 719 South 6th Avenue, stated that there are not many historic sites in the City, and
wants the City to keep the property in public use.
0:48:05 Robert Dunge, Public Comment
Mr. Dunge of 702 South Grand, urged that the property stay in City control.
0:49:06 Mellisa Richey, Public Comment
Ms. Richey of 205 South 7th, stated that she is in favor of keeping the property in public hands.
0:49:54 Bob Rydell, Public Comment
Mr. Rydell of 622 South Grand Avenue, urged the City to keep the property in the public
domain.
0:52:00 Dede Taylor, Public Comment
Ms.Taylor of 8 West Harison Street, spoke regarding Bozeman's preservation ethic.
0:54:05 Chris Nixon, Public Comment
Mr. Nixon of 719 North Wallace Avenue, spoke in support of keeping the Story Mansion in
public domain.
0:57:38 Margo Bennett, Public Comment
Ms. Bennett of 549 Doane Way, stated that she lives in the County but that her and her husband
believe the property should remain in the public domain.
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Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007
0:58:31 Public Comment closed.
Mayor Krauss closed public comment.
1:10:03 Motion to place the Story Mansion property into the Bozeman Parks System.
It was moved by Cr. Rupp, Seconded by Cr. Kirchhoff to place the Story Mansion property
into the Bozeman Parks System.
1:10:13 Discussion
1:12:57 Cr. Jacobson
Cr. Jacobson wondered if the property is turned into a dedicated park, would it be possible to
lease office space to another public entity.
1:13:25 Andy Epple, Planning Director
Mr. Epple stated that this option would need to be researched.
1:40:44 Vote on the Motion to place the Story Mansion property into the Bozeman Parks
System.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, and Becker,
Those voting No being Mayor Krauss.
The motion carried 4-1.
1:40:56 Motion to authorize the City Manager to move $50,000 of reserve money.
It was moved by Cr. Rupp to authorize the City Manager to move $50,000 of reserve
money.
1:42:53 Clarification of Motion to direct the City Manager to come back with a budget
amendment of $50,000 to get the Save America's Treasures Grant in operation.
1:43:51 Second on the Motion to direct the City Manager to come back with a budget
amendment of $50,000 to get the Save America's Treasures Grant in operation.
Seconded by Cr. Jacobson to direct the City Manager to come back with a budget
amendment of $50,000 to get the Save America's Treasures Grant in operation.
1:44:08 Mayor Krauss
Mayor Krauss clarified that the motion is to bring back a budget amendment to allow the
expenditure of $50,000 out of the general fund to match the Save Americas Treasure Grant.
1:44:18 Cr. Rupp
Cr. Rupp added as well as the in-kind that has been spent.
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Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007
1:44:24 Discussion
1:44:41 Mr. Kukulski
Mr. Kukulski suggested that a plan for the building should be brought back with the budget
amendment.
1:48:36 Vote on the Motion to direct the City Manager to come back with a budget
amendment of $50,000 to get the Save America's Treasures Grant in operation.
Those voting Aye being Crs.Rupp, Jacobson, Becker, and Kirchhoff.
Those voting No being Mayor Krauss.
The motion carried 4-1.
1:48:50 Motion to add this property to our list that we created in our work sessions a few
months ago of properties moving to park status.
It was moved by Cr. Rupp, Seconded by Cr. Becker, to add this property to our list that
we created in our work sessions a few months ago of properties moving to park status.
1:49:10 Mayor Krauss
Mayor Krauss explained that the Commission named 3 or 4 properties that they wanted to have
resurveyed to dedicate as park land. The motion is to include the Story Mansion property to the
list.
1:49:47 Discussion
1:49:52 Vote on the Motion to add this property to our list that we created in our work
sessions a few months ago of properties moving to park status.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, and Becker.
Those voting No being Mayor Krauss.
The motion carried 4-1.
1:56:24 Mayor Krauss
Mayor Krauss suggested that Kukulski consider a staff member be dedicated as a project
manager for the Story Mansion project.
1:57:50 Break
2:18:34 3. Resolution No. 4082, Transportation Impact Fee Study Update, opened and
tabled to December 10, 2007 from November 26, 2007 (Saunders)
2:19:59 Tim Dean, Chairman of the Impact Fee Committee
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Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007
Mr. Dean stated that the Impact Fee Study Committee has looked over the Transportation Impact
Fee Study and highlighted the board’s issues.
2:23:04Ron Kaiser, Impact Fee Committee representative
Mr. Kaiser spoke for those from the Impact Fee Committee who voted in favor of the
Transportation Impact Fee study.
2:27:22 Debra Becker, Impact fee Committee representative
Ms. Becker spoke for those from the Impact Fee Committee who voted against the
Transportation Impact Fee study.
2:40:15 Public Comment
Mayor Krauss opened public comment.
2:40:24 Shawn Cote-South West Montana Building Industry Association (SWMBIA) Public
Comment
Mr. Cote spoke regarding the Impact Fee Advisory Committee's deadlocked decision on the
Transportation Impact Fee Study. Mr. Cote highlighted the telephone conference conversations
with Tindale-Oliver on how to determine the proper impact fee.
2:43:36 Dennis Carlson, Government Affairs Director for the Gallatin Association of Realtors,
Public Comment
Mr. Carlson of 1345 Nelson Road, spoke regarding the concerns of the Gallatin Association of
Realtors.
2:44:53 Public comment closed.
Mayor Krauss closed public comment.
3:06:57 Vote to resolve the current Motion: "It was moved by Cr. Kirchhoff, Seconded by
Cr. Jacobson, that we zero out and abandon Transportation Impact Fees". (from
November 26, 2007).
Those voting Aye being Crs. Kirchhoff, and Rupp.
Those voting No being Crs. Jacobson, Becker, and Mayor Krauss.
The motion failed 2-3.
3:09:32 Motion to accept the (Transportation Impact Fee) Study as given to us (Includes
hand-outs presented by Mr. Saunders).
It was moved by Cr. Kirchhoff , Seconded by Cr. Jacobson to accept the (Transportation
Impact Fee) Study as given to us. (includes hand-outs presented by Mr. Saunders).
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Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007
3:09:38 Discussion
3:20:36 Reiteration of Motion to accept the (Transportation Impact Fee Study) report.
It was moved by Cr. Kirchhoff, Seconded by Cr. Jacobson to accept the (Transportation
Impact Fee Study) report.
3:20:44 Discussion
3:24:12 Cr. Kirchhoff
Cr. Kirchhoff asked for clarification that his motion to adopt the study included Policy Options
(listed in the Staff Memorandum) A, C, D, E, and F.
3:24:27 Mr. Saunders
Mr. Saunders clarified that the motion would skip C, drop D, E, include F, and drop G(Policy
Options listed in the Staff Memorandum).
3:24:35 Cr. Kirchhoff
Cr.Kirchhoff asked that it be clarified if his motion includes the affordable housing option.
3:24:39 Mr. Saunders
Mr. Saunders stated the motion would leave in the affordable housing option.
3:28:11 Vote on the Main Motion to accept the(Transportation Impact Fee) Study
(Approving Resolution No. 4082, Transportation Impact Fee Study Update) as given to us.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Rupp.
Those voting No being Mayor Krauss.
The motion carried 4-1.
3:28:53 4. Provisional Adoption of Ordinance No. 1730, Amendments to Chapter 3.24
Impact Fees to incorporate the Transportation Impact Fee Study, opened and tabled to
December 10, 2007 from November 26, 2007 (Saunders)
3:29:03Mr. Saunders
Mr. Saunders stated that Ordinance No. 1730 has been updated since the first reading.
3:33:33 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
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Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007
3:42:07 Motion to provisionally adopt Ordinance No. 1730, amendments to Chapter 3.24
Impact Fees to incorporate the Transportation Impact Fees Study with adjustments, with
the same effective date as Resolution No. 4082 and Ordinance No. 1730, to phase in initially
at 72% over the course in 12 months going to 100%.
It was moved by Cr. Becker, Seconded by Cr. Rupp to provisionally adopt Ordinance No.
1730, amendments to Chapter 3.24 Impact Fees, to incorporate the Transportation Impact
Fees Study with adjustments, with the same effective date as Resolution No. 4082 and
Ordinance 1730, to phase in initially at 72% over the course in 12 months going to 100%.
3:43:04 Discussion
3:44:43 Motion withdrawn.
Cr. Becker withdrew his motion to provisionally adopt Ordinance No. 1730, amendments to
Chapter 3.24 Impact Fees to incorporate the Transportation Impact Fees Study with adjustments,
with the same effective date as Resolution No. 4082 and Ordinance No. 1730, to phase in
initially at 72% over the course in 12 months going to 100%.
3:50:20 Motion to implement (Transportation Impact Fees) at 100%, phasing in at 60% for
12 months with the same effective date for Resolution No. 4082 and Ordinance 1730.
It was moved by Cr. Becker to implement (Transportation Impact Fees) at 100%, phasing
in at 60% for 12 months with the same effective date for Resolution No. 4082 and
Ordinance 1730.
3:50:48 Motion Seconded to implement (Transportation Impact Fees) at 100%, phasing in
at 60% for 12 months with the same effective date for Resolution No. 4082 and Ordinance
1730.
The Motion was Seconded by Cr. Rupp, to implement (Transportation Impact Fees) at
100%, phasing in at 60% for 12 months with the same effective date for Resolution No.
4082 and Ordinance 1730.
3:50:51 Discussion
3:50:56 Vote on the Motion to implement (Transportation Impact Fees) at 100%, phasing
in at 60% for 12 months with the same effective date for Resolution No. 4082 and
Ordinance 1730.
Those voting Aye being Crs.Becker, and Mayor Krauss.
Those voting No being Crs. Rupp, Kirchhoff, and Jacobson.
The motion failed 2-3.
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Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007
3:55:01 Motion to Reconsider our prior vote. ( to implement (Transportation Impact Fees)
at 100%, phasing in at 60% for 12 months with the same effective date for Resolution No.
4082 and Ordinance 1730).
It was moved by Cr. Rupp, Seconded by Cr. Becker to reconsider our prior vote. ( to
implement (Transportation Impact Fees) at 100%, phasing in at 60% for 12 months with
the same effective date for Resolution No. 4082 and Ordinance 1730).
3:55:32 Vote on the Motion to Reconsider our prior vote. ( to implement (Transportation
Impact Fees) at 100%, phasing in at 60% for 12 months with the same effective date for
Resolution No. 4082 and Ordinance 1730.) Cr. Kirchhoff asked for Clarification on the
Motion.
3:57:31 Vote on the Motion to Reconsider our prior vote. ( to implement (Transportation
Impact Fees) at 100%, phasing in at 60% for 12 months with the same effective date for
Resolution No. 4082 and Ordinance 1730).
Those voting Aye being Crs. Rupp, Becker, Kirchhoff, and Jacobson.
Those voting No being Mayor Krauss.
The motion carried 4-1.
3:59:53 Vote on the Motion to implement (Transportation Impact Fees) at 100%, phasing
in at 60% for 12 months with the same effective date for Resolution No. 4082 and
Ordinance 1730.
Those voting Aye being Crs. Becker, and Kirchhoff.
Those voting No being Crs. Rupp, Jacobson, and Mayor Krauss.
The motion failed 2-3.
4:00:33 Motion to provisionally adopt Ordinance No. 1730, amendments to Chapter 3.24
Impact Fees to incorporate the Transportation Impact Fee Study with phasing in 60% of
the maximum net impact fee for the first 6 months and at that point, phase it in at 100%.
It was moved by Cr. Jacobson, Seconded by Cr. Rupp to provisionally adopt Ordinance
No. 1730, amendments to Chapter 3.24 Impact Fees to incorporate the Transportation
Impact Fee Study with phasing in 60% of the maximum net impact fee for the first 6
months and at that point, phase it in at 100%.
4:01:45 Discussion
4:01:47 Mayor Krauss
Mayor Krauss suspended the rules for 1 minute.
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Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007
4:01:56 Vote to provisionally adopt Ordinance No. 1730, amendments to Chapter 3.24
Impact Fees to incorporate the Transportation Impact Fee Study with phasing in 60% of
the maximum net impact fee for the first 6 months and at that point, phase it in at 100%.
Those voting Aye being Crs. Jacobson, and Rupp.
Those voting No being Crs. Kirchhoff, Becker, and Mayor Krauss.
The motion failed 2-3.
4:02:31 Motion to accept the impact fees at 100% and implement impact fees at 60%.
It was moved by Cr. Becker, Seconded by Cr. Kirchhoff to accept the impact fees at 100%
and implement the impact fees at 60%.
4:02:48 Discussion
4:03:17Mayor Krauss
Mayor Krauss suspended the rules for 5 minutes.
4:04:27 Vote to accept the impact fees at 100% and implement the impact fees at 60%.
Those voting Aye being Crs. Becker, Kirchhoff, and Mayor Krauss
Those voting No being Crs. Jacobson, and Rupp.
The motion carried 3-2.
4:04:45 5. Provisional Adoption of Ordinance No. 1734, Revising Chapter 5.32 of the
Bozeman Municipal Code, pertaining to Regulation of Pawn and Secondhand Shops
(Knight)
4:05:25 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
4:05:45 Motion and Vote to provisionally adopt Ordinance No. 1734, Revising Chapter
5.32 of the Bozeman Municipal Code, pertaining to Regulation of Pawn and Secondhand
Shops.
It was moved by Cr. Jacobson, Seconded by Cr. Kirchhoff to provisionally adopt
Ordinance No. 1734, Revising Chapter 5.32 of the Bozeman Municipal Code, pertaining to
Regulation of Pawn and Secondhand Shops.
Those voting Aye being Crs. Jacobson, Kirchhoff, Becker, Rupp, and Mayor Krauss.
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Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007
Those voting No being none.
The motion carried 5-0.
4:06:13 H. Special Presentation- National Citizen Survey Presentation (Kukulski)
This item will be moved to a future agenda.
4:06:15 I. FYI/Discussion
4:06:32 J. Adjournment
The meeting was adjourned at 10:06 pm.
____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________.
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