HomeMy WebLinkAboutsplit test_March 26, 2007_1LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 26, 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, March 26, 2007 at 6:00 pm. Present were Mayor
Jeff Krauss, Commissioner Sean Becker, Commissioner Jeff Rupp, Commissioner Steve Kirchhoff,
City Manager Chris Kukulski, Planning Director Andy Epple, Finance Director Anna Rosenberry,
Director of Public Service Debbie Arkell, City Attorney Paul Luwe, and City Clerk Brit Fontenot.
0:20:35 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse,
311 West Main Street
0:20:38 B. Pledge of Allegiance and Moment of Silence
0:21:46 Motion and Vote to authorize the absence of Cr. Jacobson.
It was moved by Cr. Becker, seconded by Cr. Rupp, to authorize the absence of
Commissioner Jacobson.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Jacobson.
The motion carried 4 - 0.
0:22:08 C. Public Service Announcement - 2005-2006 West Babcock Street
Pedestrian and Bicycling Monitoring Project, Final Report
Assistant Planning Director Chris Saunders updated the Commission and the public on the 2005-
2006 West Babcock Street Pedestrian and Bicycling Monitoring Project.
0:27:32 D. Consent
1. Authorize Payment of Claims (LaMeres)
2. Adopt Resolution 4007, Loyal Garden Annexation (Morris)
3. Provisionally adopt Ordinance 1698, Loyal Garden Zone Map Amendment (Morris)
4. Approve February 2007 Building Report (Poulsen)
5. Approve Special Permit for Sonoran Institute to sell beer and wine (Neibauer)
6. Authorize City Manager to sign Notice of Award for the Wastewater Treatment Facility Roofing
Project (Murray)
0:27:34 Public Comment - Consent
Mayor Krauss called for public comment.
No person commented.
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0:27:55 Motion and Vote to approve Consent items 1 - 6.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Consent items 1 - 6.
Those voting Aye being Crs. Rupp, Kirchhoff, Becker, and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Jacobson.
The motion carried 4 - 0.
0:28:07 E. Public Comment
Mayor Krauss called for public comment. This was the time for individuals to comment on matters
falling within the purview of the Bozeman City Commission.
0:28:40 Public Comment - Bob Chase
Mr. Chase resides on S. Black Avenue in Bozeman. He mentioned that there were inaccuracies in
flyers he handed out concerning the Affordable Housing Task Force. Additionally, Mr. Chase
raised the issue of a conflict of interest between Cr. Rupp and issues involving Human Resource
Development Council. He noted that he is uncomfortable with Mr. Luwe's opinion that Cr. Rupp's
relationship as a Commissioner and his position with HRDC are not in conflict. He provided his
phone number 599-0698 for interested individuals.
0:31:04 Public Comment - Phil Ideson, on behalf of Allied Waste
Mr. Ideson resides at 831 North 15th Avenue. He spoke on behalf of Allied Waste Services and
discussed two action items on the agenda: items 7 (Interlocal Agreement to Expand the Gallatin
Solid Waste Management District to include the City of Bozeman) and 5 (Resolution 4009,
Changing Fees at the Landfill). He noted that Allied Waste takes exception with Item 6 in the
Interlocal Agreement and Resolution 4009, both of which put Allied Waste at a competitive
disadvantage.
0:33:48 Public Comment - Connie Garrett
Connie Garrett currently resides between 414 North Plum and 511 East Olive. She thanked City
employees Al Rominger and Tracy Oulman for their dedication to the citizens of Bozeman.
0:35:26 F. Special Recognition - Government Finance Officers Association Distinguished
Budget Presentation Award
0:38:37 G. Special Presentation - Water and Wastewater Rate Study (Rosenberry/HDR
Engineering)
0:38:50 Introduction
Finance Director Anna Rosenberry introduced Tom Gould, Vice President of HDR Engineering.
0:39:47 Tom Gould, Vice President of HDR Engineering, presented his findings to the
Commission.
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1:25:15 H. Action Items
1:25:21 1. Breaking of the 2-2 tie vote on Cr. Kirchhoff's motion to approve the Kagy
Gardens II Zone Map Amendment #Z-07013 (Krauss)
1:26:01 Mayor Krauss's Vote on Cr. Kirchhoff's motion to approve the Kagy Gardens
II Zone Map Amendment #Z-07013
March 19, 2007 Motion:
[It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to approve a municipal zoning
designation of "R-1" (Residential Single Household, Low Density District) for Kagy Gardens II
Zone Map Amendment #Z-07013 subject to the contingencies listed in the staff memo.]
March 19, 2007 Vote:
Those voting Aye being Crs. Kirchhoff and Becker
Those voting No being Cr. Rupp and Mayor Pro Tem Jacobson.
Those absent being Mayor Krauss.
The vote ties 2-2
Mayor Krauss voted Aye. Thus the motion to approve a municipal zoning designation of "R-
1" (Residential Single Household, Low Density District) for Kagy Gardens II Zone Map
Amendment #Z-07013, subject to the contingencies listed in the staff memo, was approved by
a vote of 3 - 2.
Contingencies:
1.That the ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description and a map of the area to be re-zoned, which
will be utilized in the preparation of the ordinance to officially amend the City of Bozeman
Zoning Map.
2. That the ordinance for the Zone Map Amendment shall not be adopted until the Resolution
of Annexation is completed and adopted by the City Commission. If the annexation is not
approved, the application shall be void.
3. That the applicant submit a zone amendment map, titled "Kagy Gardens II Zone Map
Amendment," on: 1.) a 24"x 36" mylar; 2.) an 8 ½" by 11", or 8 ½" by 14" paper exhibit;
and 3.) a digital copy of the area to be zoned, acceptable to the Planning Office, which will be
utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning
Map. Said map shall contain a metes and bounds legal description of the perimeter of the
subject property, description of the boundaries of each specific zoning designation, total
acreage of the property, acreage of each specific zoning designation, and adjoining rights-of-
way and/or street access easements.
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1:26:36 2. Breaking of the 2-2 tie vote on Cr. Becker's motion to approve the City Hotel
and Residence Club Site Plan and Certificate of Appropriateness Application as
recommended by the Design Review Board (Krauss)
1:36:53 Mayor Krauss requested a one week deferral of the vote on this project.
Mayor Krauss requested a one week deferral of a vote on the motion by Cr. Becker to approve the
City Hotel and Residence Club Site Plan and Certificate of Appropriateness Application as
recommended by the Design Review Board.
March 19, 2007 Motion:
[It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to approve the City Hotel and Residence
Club Site Plan and Certificate of Appropriateness Application as recommended by the Design
Review Board.]
March 19, 2007 Vote:
Those voting Aye being Cr. Becker and Mayor Pro Tem Jacobson.
Those voting No being Crs. Rupp and Kirchhoff.
Those absent being Mayor Krauss.
The vote ties 2-2.
1:37:32 3. Update on the status of the Streamline buses (Kack)
1:37:34 Cr. Rupp
Cr. Rupp excused himself from the discussion of this issue.
1:38:03 Mr. David Kack - Chairman of Streamline/Galavan Advisory Committee
Mr. Kack provided an update on the Streamline bus system.
1:41:02 Lisa Ballard - Coordinator for the Streamline bus system
Ms. Ballard updated the Commission on ridership statistics. She requested additional dollars to
fund the cost increase for the two bustle-back style buses ($17,800) and the cost of three shelters
($3,360). Additionally, she sought City staff assistance on where to place the three new shelters, if
approved. She noted that the shelters could pay for themselves with advertisement dollars and
sought Commission direction on advertising on City bus shelters. Ms. Ballard sought assistance
from City staff with locating approximately 1.5 to 2 acres of property for a Streamline bus barn
within the next 2 months. Finally, she noted that HRDC would like to see established an Urban
Transportation District in the next two to three years.
1:49:23 Public Comment
Mayor Krauss called for public comment.
No person commented.
1:59:42 Mayor Krauss directed staff to make the changes in the ordinance and to bring back
a final version for Commission review.
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2:00:03 4. Capital Improvements Plan for FY2008-2012 for Wastewater Fund and
Wastewater Impact Fees (Rosenberry)
2:00:37 Staff report
Finance Director Anna Rosenberry presented the staff report.
2:07:35 Public Comment
Mayor Krauss called for public comment.
No person commented.
2:08:22 Motion and Vote to consider approving the Capital Improvements Plan for
FY2008-2012 for Wastewater Fund and Wastewater Impact Fees
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to consider approving the Capital
Improvements Plan for FY2008-2012 for Wastewater Fund and Wastewater Impact Fees.
Those voting Aye being Crs. Kirchhoff, Becker, Rupp, and Mayor Krauss.
Those voting No being None.
Those absent being Cr. Jacobson.
The motion carried 4 - 0.
2:09:00 Break
Mayor Krauss called for a 15 minute break.
2:26:49 Call to Order
Mayor Krauss called the meeting to order.
2:26:55 5. Resolution 4009, Changing Fees at the Landfill (Johnson)
2:27:05 Staff report
Steve Johnson, Solid Waste Superintendent, presented the staff report.
2:32:18 Public Comment
Mayor Krauss called for public comment.
No person commented.
2:44:04 Motion to approve Resolution 4009, Changing Fees at the Landfill
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Resolution 4009 revising the
types of waste permitted at the City of Bozeman Landfill, revising the landfill fee schedule,
and revising the restriction of users of the City of Bozeman Landfill, with the revised Landfill
Gate Fees becoming effective on April 16, 2007.
2:44:37 Motion to amend Cr. Becker's previous motion
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It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to amend Cr. Becker's motion by
deleting the 6th "Whereas" on page 153 [WHEREAS, due to the fact that the Headwaters
Recycling Program has no outlet for recycled glass, the disposal of glass as a recyclable
commodity at the landfill will no longer be accepted, and glass will be treated as household
waste].
2:45:43 Cr. Becker accepted Cr. Rupp's friendly amendment.
2:49:17 Cr. Rupp withdrew his friendly amendment.
2:49:51 Vote on Cr. Becker's original motion to approve Resolution 4009, Changing
Fees at the Landfill
[It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Resolution 4009 revising the
types of waste permitted at the City of Bozeman Landfill, revising the landfill fee schedule,
and revising the restriction of users of the City of Bozeman Landfill, with the revised Landfill
Gate Fees becoming effective on April 16, 2007.]
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Jacobson.
The motion carried 4 - 0.
2:51:05 6. City Shops Complex Purchase and Relocation to Cardinal Distributing
Property (Arkell)
2:51:17 Staff Report
Director of Public Works Debbie Arkell presented the staff report.
3:18:27 Public Comment
Mayor Krauss called for public comment.
No person commented.
3:29:57 Motion authorizing the purchase of the Cardinal Distributing property at 1750
Evergreen Drive
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to authorize the purchase of the
Cardinal Distributing property at 1750 Evergreen Drive for $3.2 million and the necessary
addition and remodel of said facility for up to $1 million, the intention of which is that the
facility become the City’s Public Works complex with the financial distribution of the costs to
be determined by the City Manager and Finance Director as outlined in the staff report.
3:30:31 Mayor Krauss
Mayor Krauss noted that this asset (the Cardinal Distributing property) should be held by the
enterprise fund.
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3:31:09 Vote authorizing the purchase of the Cardinal Distributing property
[It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to authorize the purchase of the
Cardinal Distributing property at 1750 Evergreen Drive for $3.2 million and the necessary
addition and remodel of said facility for up to $1 million, the intention of which is that the
facility become the City’s Public Works complex with the financial distribution of the costs to
be determined by the City Manager and Finance Director as outlined in the staff report.]
Those voting Aye being Crs. Rupp, Kirchhoff, Becker, and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Jacobson.
The motion carried 4 - 0.
3:31:07 7. Interlocal Agreement to Expand the Gallatin Solid Waste Management
District (GSWMD) to include the City of Bozeman (Arkell)
3:31:57 Staff Report
Sanitation Superintendent Steve Johnson and City Manager Chris Kukulski presented the staff
report.
3:40:04 Public Comment
Mayor Krauss called for public comment.
3:40:16 Public Comment - Kathy Gallagher
Ms. Gallagher resides at 8965 Sandy Creek Lane. She encouraged the City to join the Solid Waste
District.
3:43:01 City Attorney Paul Luwe
Mr. Luwe suggested that the Interlocal Agreement format may not comply with Montana Code
Annotated Title 7 Ch. 11, which would bring the Interlocal Agreement into compliance with
statute.
3:44:15 Motion to expand the Gallatin Solid Waste Management District to include the
City of Bozeman
It was moved by Cr. Kirchhoff that upon legal staff working the Interlocal Agreement into
conformance with Title 7 Ch. 11 of Montana Code Annotated we authorize the City Manager
to sign the Interlocal Agreement, striking Section 4 expanding the Gallatin Solid Waste
Management District to include the City of Bozeman, and direct staff to follow the process set
forth in Sections 7-13-205 through 7-13-212 Montana Code Annotated to officially join the
Gallatin Solid Waste District once the agreement is signed by all parties.
3:45:28 Seconded by Cr. Rupp
3:45:45 Cr. Kirchhoff restated motion amending Section 4 to stipulate one seat on the
Gallatin Solid Waste Management District.
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Cr. Kirchhoff restated the motion amending Section 4 to stipulate one seat on the GSWMD:
It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, that upon legal staff working the
Interlocal Agreement into conformance with Title 7 Ch. 11 of Montana Code Annotated we
authorize the City Manager to sign the Interlocal Agreement amending Section 4, stipulating
one seat on the Gallatin Solid Waste Management District and thus expanding the Gallatin
Solid Waste Management District to include the City of Bozeman, and direct staff to follow
the process set forth in Sections 7-13-205 through 7-13-212 Montana Code Annotated to
officially join the Gallatin Solid Waste District once the agreement is signed by all parties.
3:50:51 Vote to expand the Gallatin Solid Waste Management District to include the
City of Bozeman
[It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, that upon legal staff working the
Interlocal Agreement into conformance with Title 7 Ch. 11 of Montana Code Annotated we
authorize the City Manager to sign the Interlocal Agreement amending Section 4, stipulating
one seat on the Gallatin Solid Waste Management District and thus expanding the Gallatin
Solid Waste Management District to include the City of Bozeman, and direct staff to follow
the process set forth in Sections 7-13-205 through 7-13-212 Montana Code Annotated to
officially join the Gallatin Solid Waste District once the agreement is signed by all parties.]
Those voting Aye being Crs. Kirchhoff, Rupp, Becker, and Mayor Krauss.
Those voting no being none.
Those absent being Cr. Jacobson.
The motion passed 4 - 0.
3:51:20 Break and Suspension of the Rules until 11:00 pm
Mayor Krauss called for a 5 minute break and suspended the Rules until 11:00 pm.
4:00:50 Call to Order
Mayor Krauss called the meeting to order.
4:01:07 8. The Knolls at Hillcrest Planned Unit Development #P-07007 (Sanford)
Planner Jody Sanford presented the staff report.
4:06:53 Applicant
Jason Leep of PC Development, appeared for the applicant.
4:22:44 Public Comment
Mayor Krauss called for public comment.
4:23:24 Public Comment - Stephen Johnson
Stephen Johnson, Executive Director of the Gallatin Valley Land Trust, addressed the Commission
concerning the PUD application, parkland issues and transfer development rights (TDR's).
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4:29:20 Public Comment - Ron Archuleta
Mr. Archuleta resides at 1441 Ash Drive. He stated that he has an interest in how the applicant will
change the land around their home. He suggested adjustments to the existing plan.
4:33:06 Public Comment - Brian Gallik on behalf of Jimmy and Sherry Pepper
Mr. Gallik (35 N. Grand Avenue) represents Jimmy and Sherry Pepper who reside at 1322 South
Rouse Ave and are adjacent property owners.
4:36:52 Public Comment - Scott Creel
Mr. Creel resides at 1430 Cherry Drive and read from Planning Board minutes. Mr. Creel stated
the Commission should thoroughly consider the implications of building and the current proposal
to the homeowners and the existing trail systems.
4:39:45 Public Comment - Chuck Payton
Mr. Payton resides at 507 Ice Pond Road, representing the elected Advisory Council of the
Bozeman Creek Neighborhood Association. The Bozeman Creek Neighborhood Association seeks
a resolution that is equitable to all parties.
4:43:02 Public Comment - Noah Poritz
Mr. Poritz resides at 1418 Maple Drive and also spoke on behalf of his wife Leona Poritz and the
Dusenberrys who reside at 1304 Holly Drive. He objected to the amendment forwarded by PC
Development and Bozeman Deaconess Hospital.
4:45:39 Public Comment - Jim Schmidt
Mr. Schmidt resides at 1410 Ash Drive and opposes the planned unit development suggested by the
applicant.
4:47:40 Public Comment - No name given
Mr. [no name given] [address unknown] focused on storm drains and storm water. He would like
to partner with the Bozeman Creek Neighborhood Association to create a storm water treatment
facility.
4:51:44 Public Comment - Casey Cassidy
Ms. Cassidy resides at 1316 South Rouse. She encourages finding an equitable solution between
the residents of the Hyalite subdivision and the Manions.
4:52:42 Public Comment - Leonard Baluski
Mr. Baluski resides at 1416 South Rouse Ave. and noted that if the proposed Edgewater
development is not stopped now it will come within yards of his property, blocking the viewshed.
He suggested that the Knolls is within hundreds of yards of the nearest home and does not block the
viewshed.
4:53:52 Applicant Rebuttal
Jason Leep appeared for the applicant.
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5:10:30 Motion to table The Knolls at Hillcrest Planned Unit Development #P-07007 for
3 weeks until April 23.
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to table for three weeks this item
(The Knolls at Hillcrest Planned Unit Development #P-07007) during which time the
applicant participates with Gallatin Valley Land Trust, and any other parties agreed to
between applicant and GVLT, to open a conversation regarding both the number of lots
allocated and the location of the lots allocated in the Transfer Development Rights, keeping in
mind the impact on trails, future use of trails, ideal placement of trails for multiple use, and
the impact of this TDR decision on the future of the TDR program and the Bozeman Creek
Corridor Sub-Area Plan that it comes from, as referenced in the GVLT memo.
5:13:06 Mayor Krauss - Suspension of the Rules
Mayor Krauss suspended the Rules until 11:15 pm.
5:13:18 Vote to table The Knolls at Hillcrest Planned Unit Development #P-07007 for 3
weeks until April 23.
[It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to table for three weeks this item
(The Knolls at Hillcrest Planned Unit Development #P-07007) during which time the
applicant participates with Gallatin Valley Land Trust, and any other parties agreed to
between applicant and GVLT, to open a conversation regarding both the number of lots
allocated and the location of the lots allocated in the Transfer Development Rights, keeping in
mind the impact on trails, future use of trails, ideal placement of trails for multiple use, and
the impact of this TDR decision on the future of the TDR program and the Bozeman Creek
Corridor Sub-Area Plan that it comes from, as referenced in the GVLT memo.]
Those voting Aye being Crs. Kirchhoff, Becker, and Rupp.
Those voting No being Mayor Krauss.
Those absent being Cr. Jacobson.
The motion carried 3 - 1.
5:13:46 9. The Knolls East/Highland South Major Subdivision Preapplication #P-
07002
5:13:54 Applicant
Jason Leep, appearing on behalf of the applicant, requested that The Knolls East/Highland South
Major Subdivision Preapplication #P-07002 be considered at “some other time.”
5:13:57 Planning Director Andy Epple
Mr. Epple suggested that The Knolls East/Highland South Major Subdivision Preapplication #P-
07002 be placed on the same agenda as The Knolls at Hillcrest Planned Unit Development #P-
07007: April 23, 2007.
5:14:40 I. FYI/Discussion
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5:14:54 Mayor Krauss
Mayor Krauss reminded the Commission about the 3:00 pm Work Session on April 2, 2007.
5:15:06 Mr. Kukulski
Mr. Kukulski informed the Commission that the Work Session on April 2, 2007 will include
updates from independent consultants on police facilities and staffing levels.
5:15:41 Cr. Rupp
Cr. Rupp stated that he welcomes any discussion about the legalities raised by (Mr. Chase) during
public comment.
5:17:06 J. Adjournment
Mayor Krauss adjourned the meeting at 11: 00 pm.
______________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Brit Fontenot, City Clerk
Approved on ___________________________.
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