HomeMy WebLinkAboutApril 27, 2009 Minutes
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 27, 2009
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, April 27, 2009. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Finance Director Anna Rosenberry, Planning Director Andy Epple,
Assistant Planning Director Chris Saunders, City Attorney Greg Sullivan, Assistant City
Attorney Tim Cooper, and City Clerk Stacy Ulmen
0:07:09 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Jacobson called the meeting to order at 6:07 p.m.
0:07:12 B. Pledge of Allegiance and a Moment of Silence
0:07:51 C. Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:07:56 Chris Kukulski, City Manager
Mr. Kukulski asked the Commission to consider pulling off Consent Items F. 5 and F. 6. He
asked that these become the first action items.
0:09:17 D. Public Service Announcements
0:09:19 1. Older Americans Week Presentation (Ken Tiahrt, Senior Citizen's Advisory
Board)
0:09:36 Ken Tiahrt, Chair Person of the Senior Advisory Board
Mr. Tiahrt highlighted activities that are scheduled to Celebrate Older Americans Week.
0:19:52 2. Irving School Destination Imagination Group - Global Finals (Stephanie
Behan)
0:19:56 Stephanie Behan, Destination Imagination
Ms. Behan introduced 4 Destination Imagination members in the audience and explained that the
group is seeking financial and community support. The members won the state finals.
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0:23:54 E. Minutes – April 6, 2009
0:24:02 Motion and Vote to approve the minutes of April 6, 2009.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the minutes of April 6, 2009
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:24:13 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign a Certification of Acceptance of American
Recovery and Reinvestment Act Funds – Stimulus State Revolving Funds for
Water Reclamation Facility Administrative/Lab Building (Rosenberry) 3. Authorize City Manager to sign a Release and Reconveyance of Easement for an
existing Water Pipeline Easement and a new Sewer and Water Pipeline and
Access Easement and Agreement for the Hilton Homewood Suites Development
(Heaston)
4. Authorize City Manager to sign a Public Street and Utility Easement for the Simply Windows Conditional Use Permit Project (Heaston)
5. Award bid to Bozeman Plumbing and Heating for the Purchase and Installation of
the Swim Center Air Handler Unit (Dingman)
6. Approve Resolution No. 4164, notifying the Gallatin County Election
Administrator of the City’s desire to conduct the 2009 City Primary (If held) and the 2009 General Election by Mail Ballot in accordance with Section 13-19-202,
MCA (Sullivan)
7. Approve Proclamations for Older Americans Week, Silver Star Banner Day,
Municipal Clerks Week, Arthritis Month, Law Day and National Police Week
(Kissel) 8. Approve the Appointment of Cr. Bryson and Cr. Krauss as the Sub-Committee to
review the Depository Bonds and Pledged Securities as of March 31, 2009 (Clark)
0:24:21 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:24:31 Motion and Vote to approve Consent Items 1-4 and 7 through 8.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve Consent Items 1-4 and 7
through 8.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson.
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Those voting No being none.
The motion passed 5-0.
0:24:47 G. Public Comment
Mayor Jacobson opened public comment.
0:25:18 Pat Martin, Public Comment
Mr. Martin of 2771 Deer Creek Drive stated that he is representing the Community Mediation
Center. This organization promotes alternative dispute resolutions. There is an annual Peace
Makers Event at the Museum. He invited the Commission to attend.
0:26:36 Public Comment closed.
Mayor Jacobson closed public comment.
0:26:42 H. Mayoral Proclamations
0:27:03 1. National Police Week Proclamation
Mayor Jacobson proclaimed May 10-16 as National Police Week.
0:30:07 2. Law Day Proclamation
Mayor Jacobson proclaimed May 1, 2009 as Law Day.
0:31:43 3. Municipal Clerks Week Proclamation
Mayor Jacobson proclaimed May 3-9, 2009 as Municipal Clerks Week.
0:33:50 I. Special Presentation – Bozeman Sculpture Park (Zak Zakovi, Director of
Sculpture Park Board of Directors)
0:34:16 Zak Zakovi, Director of Sculpture Park Board of Directors
Mr. Zakovi of 417 North Plum spoke regarding the Bozeman Sculpture Park. The Board is
planning to fundraise this fall and plan construction in 2010. The Sculpture Park is proposed to
be located along the Bozeman Trail, from the Library to Peet's hill.
0:39:23 J. Action Items
0:39:27 Consent Item #5: Award Bid to Bozeman Plumbing and Heating for the Purchase
and Installation of the Swim Center Air Handler Unit (Dingman)
0:39:46 Ron Dingman, Director of Parks and Recreation
Mr. Dingman spoke regarding the Swim Center Air Handler. He stated that the project is
estimated to be $280, 650. Construction is scheduled to begin May 18th.
0:44:31 Public Comment
Mayor Jacobson opened public comment.
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No person commented.
Mayor Jacobson closed public comment.
0:44:50 Cr. Krauss
Cr. Krauss stated that this needs to be paid for out of this year's budget.
0:45:47 Motion to award the bid to Bozeman Plumbing and Heating for the purchase and
installation of the Swim Center Air Handler Unit and pay for it out of the current year's
budget.
0:47:36 Mr. Kukulski
It was moved by Cr. Krauss, seconded by Cr. Bryson to award the bid to Bozeman
Plumbing and Heating for the purchase and installation of the Swim Center Air Handler
Unit and pay for it out of the current year's budget.
Mr. Kukulski spoke regarding the $256,000 mid-year cuts. Mr. Kukulski spoke regarding
possible areas to find the additional funding for the air handler.
1:01:09 Anna Rosenberry, Director of Finance
Ms. Rosenberry spoke regarding the mid-year budget cuts.
1:02:37 Mr. Kukulski
Mr. Kukulski spoke regarding the cuts in police and fire.
1:07:25Mr. Dingman
Mr. Dingman spoke regarding contingencies.
1:07:42 Chuck Winn, Assistant City Manager
Mr. Winn spoke regarding the engineering work on the project.
1:12:55 Amendment to the Main Motion that none of the funding for FY09 comes from any
public safety funding source.
1:13:15
It was moved by Cr. Bryson, seconded by Cr. Krauss that none of the funding for FY09
comes from any public safety funding source.
Vote on the Amendment to the Main Motion that none of the funding for FY09
comes from any public safety funding source.
Those voting Aye being Crs. Bryson, Krauss, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
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1:14:56 Cr. Rupp
Cr. Rupp asked that the motion be repeated.
1:15:01 Stacy Ulmen, City Clerk
Ms. Ulmen repeated the motion.
1:15:34 Vote on the Main Motion as Amended to award the bid to Bozeman Plumbing and
Heating for the purchase and installation of the Swim Center Air Handler Unit and pay for
it out of the current year's budget and that none of the funding for FY09 comes from any
public safety funding source.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
1:16:03 Consent Item #6: Approve Resolution No. 4164, notifying the Gallatin County
Election Administrator of the City's desire to conduct the 2009 City Primary (if held) and
the 2009 General Election by Mail Ballot in accordance with Section 13-19-202, MCA
(Sullivan)
1:16:11 Greg Sullivan, City Attorney
Mr. Sullivan spoke regarding the ballot resolution.
1:17:00 Public Comment
Mayor Jacobson opened Public Comment.
No person commented.
Mayor Jacobson closed Public Comment.
1:17:18 Motion to Approve Resolution No. 4164, notifying the Gallatin County Election
Administrator of the City's desire to conduct the 2009 City Primary with the following
changes; adding a last whereas (to the Resolution) stating:"Whereas the City of Bozeman
desires to reduce barriers for qualified electors in the election process to as few barriers as
possible" and add "Be it further resolved that the City Commission of the City of Bozeman
hereby informs the Gallatin County Election Administrator that the City will be providing for
funding of return postage".
It was moved by Cr. Krauss, seconded by Cr. Bryson to Approve Resolution No. 4164,
notifying the Gallatin County Election Administrator of the City's desire to conduct the
2009 City Primary with the following changes; adding a last whereas (to the Resolution)
stating:"Whereas the City of Bozeman desires to reduce barriers for qualified electors in the
election process to as few barriers as possible" and add "Be it further resolved that the City
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Commission of the City of Bozeman hereby informs the Gallatin County Election
Administrator that the City will be providing for funding of return postage".
1:23:15 Vote on the Main Motion to Approve Resolution No. 4164, notifying the Gallatin
County Election Administrator of the City's desire to conduct the 2009 City Primary with
the following changes; adding a last whereas (to the Resolution) stating:"Whereas the City
of Bozeman desires to reduce barriers for qualified electors in the election process to as few
barriers as possible" and add "Be it further resolved that the City Commission of the City of
Bozeman hereby informs the Gallatin County Election Administrator that the City will be
providing for funding of return postage".
Those voting Aye being Crs. Krauss, Bryson, and Becker.
Those voting No being Cr. Rupp, and Mayor Jacobson.
The motion passed 3-2
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1:23:47 1. College Street Trail Extension (Dingman)
1:23:52 Public Hearing opened
Mayor Jacobson opened the public hearing.
1:23:56 Ron Dingman, Parks and Recreation Director
Mr. Dingman gave the staff presentation regarding the College Street Trail Extension. Staff is
recommending that the Commission authorize staff to work with the Gallatin Valley Land Trust
(GVLT) to construct a trail connection from Black Avenue at College, to connect east to the
Gallagator trail system. He spoke regarding the construction of the College condominiums and
the sidewalk in the area.
1:27:11 Mr. Dingman
Mr. Dingman spoke regarding GVLT's proposal of the location of the trail.
1:28:07 Mayor Jacobson
Mayor Jacobson spoke regarding the drainage ditch and the possibility of a wetland in the area.
1:29:29 Cr. Rupp
Cr. Rupp wondered if this is in the PROST plan.
1:29:43 Mr. Dingman
Mr. Dingman stated that he did not think so.
1:30:02 Cr. Rupp
Cr. Rupp spoke regarding the approval process for the condominium and the conditions
regarding park improvements.
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1:30:30 Mr. Dingman
Mr. Dingman stated this is not a park improvement, but a trail connection improvement.
1:32:08 Cr. Bryson
Cr. Bryson spoke regarding the area being a public right-of-way.
1:32:46 Cr. Bryson
Cr. Bryson spoke regarding moving the trail to the north.
1:35:38 Gary Vodehnal, GVLT Trails Coordinator
Mr. Vodehnal spoke regarding the public right-of-way in the area. He spoke regarding the
proposals of the trail construction. This is an important connection for the community.
1:44:02 Public Comment
Mayor Jacobson opened public comment.
1:44:19 John Barton, Public Comment
Mr. Barton of 810 South Tracy stated that he supports the trail and GVLT's efforts.
1:45:39 Wendy Stuart, Public Comment
Ms. Stuart stated that she lives on South 3rd. She stated that she didn't know that she couldn't
walk on the sidewalks. She urged the Commission to use public right-of-way and urged the
Commission to keep it.
1:47:20 Kevin Bernard, Public Comment
Mr. Bernard of 114 East College Street stated that he is opposed because he feels it is
unnecessary.
1:50:36 Mary Reece, Public Comment
Ms. Reece of 1757 Highland Boulevard stated that they own one of the condominiums. They
feel public access is important.
1:52:30 Ralph Zimmer, Public Comment
Mr. Zimmer of 2103 South Tracy Avenue stated that he is the Chairman of the Pedestrian Traffic
Safety Committee. The Committee supports the proposal. He spoke regarding mid-block
crossings.
1:54:39 Brian Caldwell, Public Comment
Mr. Caldwell of 601 South Black spoke regarding the public right-of -way.
1:56:04 Randy Bershoni, Public Comment
Ms. Bershoni of 515 North 3rd Street stated that she is a daily user of the trails system. She
wonders where the money will come from to maintain the trail.
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1:57:51 Jody Rasker, Public Comment
Ms. Rasker of 811 South Grand stated that the City has some responsibility in the matter to
resolve the conflict. She supports the trail.
2:00:59 Jerry Gossel, Public Comment
Mr. Gossel of 110 East College stated that he represents the majority of the homeowners. We do
not think that it is the best proposal. They haven't heard a request that the homeowners, GVLT
and the City Parks Department come together to work together for a resolution that is agreeable
to all.
2:02:46 Renter at the Condominium (not identified), Public Comment
The renter stated that this is public land. We need to protect some areas of open space.
2:05:57 Yerial Utter, Public Comment
Mr. Utter of 210 Cirgue Drive stated that he is going to move to the condos. He is concerned
regarding the increase of traffic.
2:08:26 Public Comment closed
Mayor Jacobson closed public comment.
2:09:11 Motion to authorize staff to work with Gallatin Valley Land Trust to construct a
trail connection from Black Avenue at College Street to connect east to the Gallagator Trail
System in consultation with the homeowner's association at College Street Condos.
2:09:38 Cr. Becker
It was moved by Cr. Bryson, seconded by Cr. Rupp to authorize staff to work with Gallatin
Valley Land Trust to construct a trail connection from Black Avenue at College Street to
connect east to the Gallagator Trail System in consultation with the homeowner's
association at College Street Condos.
Cr. Becker stated that the Wetland Review Board should also be included.
2:10:08 Cr. Bryson
Cr. Bryson stated that it seemed that would take place.
2:18:21 Cr. Becker
Cr. Becker stated that he would like to see this come back to the Commission in 30 days.
2:23:23 Cr. Rupp
Cr. Rupp spoke regarding the conditions when the condos were built and the "promise"
regarding the parkland. He wants the files reviewed to see if the City did make a “promise”
regarding the development of the right-of- way area.
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2:26:05 Mayor Jacobson
Mayor Jacobson asked that the motion be read back to the Commission.
2:26:10 Stacy Ulmen, City Clerk
Ms. Ulmen read back to motion.
2:26:35 Vote on the Main Motion to authorize staff to work with Gallatin Valley Land
Trust to construct a trail connection from Black Avenue at College Street to connect east to
the Gallagator Trail System in consultation with the homeowner's association at College
Street Condos.
Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:26:46 Break
2:38:04 Mayor Jacobson
Mayor Jacobson called the meeting back to order.
2:38:09 2. Consider Termination of Police Impact Fee Study Contract
(Rosenberry/Kukulski)
2:38:31 Ms. Rosenberry
Ms. Rosenberry would like direction from the Commission regarding the Professional Services
Agreement for a Law Enforcement Impact Fee.
2:40:12 Ms. Rosenberry
Ms. Rosenberry stated that staff is recommending terminating the contract. Without the land
cost and the facility cost, the study cannot be completed.
2:40:43 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
2:41:04 Motion and Vote to terminate our professional service agreement for law
enforcement impact fees.
It was moved by Cr. Rupp, seconded by Cr. Becker to terminate our professional service
agreement for law enforcement impact fees.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson, and Mayor Jacobson.
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Those voting No being none.
The motion passed 5-0.
2:41:25 3. Resolution No. 4163, Bozeman Community Plan/Discussion with Planning
Board (Saunders)
2:43:33 Brian Caldwell, President of the Planning Board
Mr. Caldwell spoke regarding the process of updating the Community Plan. The Board feels that
it is a vast improvement.
2:44:51 Mayor Jacobson
Mayor Jacobson spoke regarding the housing chapter on page 16-9.
2:46:46 Mayor Jacobson
Mayor Jacobson spoke regarding mobile homes, purchase prices and rent prices. She keeps
hearing that mobile home parks are a profitable enterprise for a builder. She spoke regarding
creating a zoning district for mobile housing.
2:48:52 Mr. Caldwell
Mr. Caldwell spoke regarding the RMH zoning designation.
2:51:05 Chris Saunders, Assistant City Planner
Mr. Saunders spoke regarding the Residential Manufacturing Home district.
2:53:01 Mr. Saunders
Mr. Saunders explained what is allowed in the RMH district.
2:54:01 Cr. Becker
Cr. Becker wondered what areas the RMH zoning was located.
2:56:24 Cr. Krauss
Cr. Krauss spoke regarding the Future Urban areas and development in those areas.
3:00:20 Cr. Krauss
Cr. Krauss spoke regarding the rural subdivisions located in the Future Urban areas.
3:01:07 Mr. Caldwell
Mr. Caldwell stated that most of those areas are located in the RS zoning designation on the map.
3:01:42 Mr. Saunders
Mr. Saunders showed the areas on the map and spoke regarding water and sewer connectivity.
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3:05:59 Cr. Krauss
Cr. Krauss thanked Mr. Saunders for providing a map of the areas where the growth policy
conflicts with the underlying zoning.
3:06:24 Mr. Saunders
Mr. Saunders spoke regarding majority verses super-majority votes.
3:07:28 Cr. Krauss
Cr. Krauss spoke regarding super-majority votes.
3:07:49 Cr. Bryson
Cr. Bryson spoke regarding amendments to the approval process.
3:09:03 Cr. Krauss
Cr. Krauss spoke regarding the assigned areas zoned Suburban Residential.
3:10:40 Mr. Saunders
Mr. Saunders spoke regarding the Painted Hills area.
3:14:21 Dawn Smith, Planning Board Member
Ms. Smith spoke regarding the definition of Future Urban.
3:16:32 Edward Szczypinski, Planning Board Member
Mr. Szczypinski spoke regarding the defining the classification on the map.
3:17:46 Mr. Caldwell
Mr. Caldwell spoke regarding the new growth boundary.
3:24:40 Cr. Krauss
Cr. Krauss spoke regarding shrinking the overall size of Future Urban.
3:26:12 Cr. Rupp
Cr. Rupp spoke regarding the thought process behind the changes in the plan. He spoke
regarding the growth boundaries. He did not see a reason to expand the boundaries. He spoke
regarding the Future Urban areas and view sheds.
3:30:11 Cr. Rupp
Cr. Rupp asked if there was a discussion about land that would never be developed.
3:31:42 Mr. Caldwell
Mr. Caldwell spoke regarding bonds for open space.
3:32:56 Cr. Rupp
Cr. Rupp spoke regarding the Delaney property.
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3:33:57 Cr. Becker
Cr. Becker spoke regarding parks, open space and recreation lands.
3:35:16 Mr. Cooper
Mr. Cooper spoke regarding state law and that a growth policy is not a regulatory document.
3:37:56 Mayor Jacobson
Mayor Jacobson spoke regarding the Bozeman Land use inventory.
3:46:34 Cr. Krauss
Cr. Krauss spoke regarding waiving parkland requirements, infill and creating higher density.
3:48:33 Mr. Caldwell
Mr. Caldwell spoke regarding the sub-area plan within the document.
3:55:12 Motion and Vote to suspend the Rules
It was moved by Cr. Krauss, seconded by Cr. Bryson to suspend the Rules.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:55:25 Public Comment
Mayor Jacobson opened Public Comment.
3:55:41 Bonnie Jarret, Public Comment
Ms. Jarret stated that she is representing the Delaney’s. She spoke regarding underlying zoning.
3:56:26 Lowell Springer, Public Comment
Mr. Springer thanked the Planning Board for their work. He spoke regarding the areas adjacent
to development areas, arterial roads and water and sewer connectivity.
4:00:52
Mr. Delaney spoke regarding the existing zoning of his property. He stated that his property's
proposed zoning in the growth policy is in conflict with the law. His property is the only
property that has been down-zoned. He recommends that the plan be changed to not be in
conflict with the underlying zoning.
Mike Delaney, Public Comment
4:05:06
Mr. Martin of 2771 Deer Creek Drive spoke regarding view sheds. He spoke regarding the
Churn Creek proposal.
Pat Martin, Public Comment
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4:09:06 Barry Brown, Public Comment
Mr. Brown of 525 Summer Ridge Road stated that he lives in the foothills. He spoke regarding
the super majority voting issue. He spoke regarding farmland and view sheds.
4:12:31
Mr. Rugheimer of 1404 Story Mill Road spoke regarding the development of a sub-area plan.
He spoke regarding the Churn Creek development. He showed a power point of images of the
Bridger Foothills. He pointed out the areas of concern and where his property is located and
stated that they are next to the City boundaries.
Peter Rugheimer, Public Comment
4:17:45 Mr. Rugheimer
Mr. Rugheimer showed the areas where he has sewer and water on his property.
4:19:07 Paul Rugheimer, Public Comment
Mr. Rugheimer of 506 Oxford Drive stated that he feels his property is infill. He disagrees with
the super majority vote issue.
4:21:27 Steve Ziegler, Public Comment
Mr. Ziegler of 2531 Whitetail Road spoke regarding the open discussion with the Planning
Board, City and County. He spoke regarding the Friends of the Foothills.
4:22:51
Mr. Sabol stated that he is before the Commission on behalf of the owners of the Churn Creek
property. He spoke regarding infill.
Joby Sabol, Public Comment
4:26:24 Public Comment closed.
Mayor Jacobson closed public comment.
4:33:18 Chris Mehl, Planning Board Member
Mr. Mehl spoke regarding the document being a policy verses a regulatory document.
4:35:09 Mr. Cooper
Mr. Cooper spoke regarding the MCA statute regarding growth policies.
4:39:50 Cr. Rupp
Cr. Rupp stated that another discussion should take place on this plan.
4:41:15 Mr. Saunders
Mr. Saunders stated a formal public hearing is scheduled again on May 11th.
4:41:58 Mayor Jacobson
Mayor Jacobson suggested that the Commission come up with a list of questions regarding the
policy.
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4:47:28 L. Adjournment
Mayor Jacobson adjourned the meeting at 10:53 p.m.
________________________________
Kaaren Jacobson, Mayor
ATTEST:
_____________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
_____________________________________
Stacy Ulmen, CMC, City Clerk
Approved on __________________________.
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