HomeMy WebLinkAbout12-3-07_August 6, 2007_4LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 6, 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, August 6, 2007 at 6:00 pm. Present were Mayor
Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Kaaren Jacobson, City
Manager Chris Kukulski, Assistant City Manager Ron Brey, Planning Director Andy Epple,
Assistant Planning Director Chris Saunders, Director of Public Safety/Police Mark Tymrak,
Finance Director Anna Rosenberry, City Attorney Paul Luwe, and Deputy City Clerk Cynthia
Jordan Delaney.
0:04:36 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse,
311 West Main Street
Mayor Krauss called the meeting to order at 6:05 pm.
0:04:37 B. Pledge of Allegiance and a Moment of Silence
0:05:42 C. Public Service Announcement - Update on PROST Plan (Sanford)
0:05:50 Andy Epple, Planning Director
Mr. Epple presented the public service announcement on the Parks, Recreation, Open Space, and
Trails Plan.
0:09:39 D. Consent
1. Authorize Payment of Claims (LaMeres)
2. Approve Resolution No. 3990, Mandeville Creek Annexation #A-06001
(Saunders)
3. Authorize City Manager to sign Public Street Easement for South 19th Avenue in
conjunction with the Mandeville Creek Annexation #A-06001 (Saunders)
4. Provisionally adopt Ordinance No. 1689, Mandeville Creek Zone Map Amendment
#Z-06095 (Saunders)
5. Approve Resolution No. 3984, Kent-Hall Annexation #A-05012 (Saunders)
6. Provisionally adopt Ordinance No. 1687, Kent-Hall Zone Map Amendment
(Saunders)
7. Approve Resolution No. 3985, Parks/Story Mill Annexation #A-06011 (Saunders)
8. Authorize City Manager to sign Public Street and Utility Easement for Story Mill
Road in conjunction with the Parks/Story Mill Annexation (Saunders)
9. Provisionally adopt Ordinance No. 1688, Parks/Story Mill Zone Map Amendment
#Z-06203 (Saunders)
10. Approve Resolution No. 4049, Mengel Annexation #A-06009 (Skelton)
11. Provisionally adopt Ordinance No. 1712, Mengel Zone Map Amendment
#Z-06192 (Skelton)
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12. Approve and authorize Director of Public Service to sign Loyal Garden 1B Final
Plat (Cooper)
13. Authorize City Manager to sign Loyal Garden Lift Station Agreement (Morris)
14. Approve and authorize City Manager to sign Wastewater Treatment Plant Early
Out Project Notice of Award (Murray)
15. Authorize City Manager to sign Professional Services Agreement for
Archaeological and Cultural Resource Monitoring Services (Bristor)
16. Authorize City Manager to sign Lowe's Vacancy Mitigation Agreement (Saunders)
17. Authorize City Manager to sign Lowe's Street Easement (Saunders)
18. Authorize City Manager to sign Lowe's Sewer and Water Pipeline and Access
Easement and Agreement (Saunders)
19. Authorize City Manager to sign Lowe's Stormwater Drainage Easement Agreement
(Saunders)
20. Authorize City Manager to sign Lowe's Second Amendment to Easements,
Covenants, Conditions and Restrictions (Saunders)
21. Approve Resolution No. 4047, Adopting the July 2007 Water Impact Fee Cost of
Service Study Update (Saunders)
22. Approve Resolution No. 4048, Adopting the July 2007 Wastewater Impact Fee
Cost of Service Study Update (Saunders)
0:09:42 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:09:58 Motion and Vote to approve Consent items 1-22.
It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to approve Consent items 1-22.
Those voting Aye being Crs. Becker, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:10:14 E. Public Comment
Mayor Krauss opened public comment.
0:10:41 Tom Noble - Public Comment
Mr. Noble resides at 401 North Church Avenue, and is here as the president of the NE
Neighborhood Association because he's been getting repeated complaints from his neighbors
about Bronken's Distributing loading trucks overnight at their warehouse. He wanted to bring it
to the Commission because he believed Bronken's is in violation of the noise ordinance.
0:13:53 Public Comment closed.
Mayor Krauss closed public comment.
0:14:53 F. Action Items
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0:14:53 1. Baxter Meadows Regional Parkland Credit Request #P-07021 (Epple)
0:17:00 Mr. Epple
Mr. Epple presented the staff report, and staff is recommending that the request not be approved.
0:23:01 Arrival of Cr. Rupp
Cr. Rupp arrived at the meeting.
0:26:38 Eric Nord, Applicant
Mr. Nord, of the Crist Law Firm in Billings, representing the applicant, stated that the City has
done nothing to acquire, develop, or maintain the regional park and said he feels that because of
a petty rivalry the City officials don't want to give Baxter any credit because it is the "County's
park" instead of the "City's park."
0:37:41 Public Comment opened.
Mayor Krauss opened public comment.
0:37:51 Matt Nistler - Public Comment
Mr. Nistler resides at 2387 Ferguson, and he is the board chair of the Gallatin Valley YMCA. He
stated that Jerry (Williams) has offered to give the YMCA land next to the park to build a
facility, but unfortunately Jerry will have to terminate his contract with the YMCA if he doesn't
get the park credit. He asked the Commission to take a hard look at this and be part of a greater
community development.
0:39:44 Bratton Debose - Public Comment
Mr. Debose is a past board chair of YMCA, and he would like the City to consider what they can
do to help this community: both a swim and recreation center will be part of the YMCA,
essentially serving the same constituency and saving the City money. He asked for the
Commission's support to make the regional park and the YMCA a reality.
0:42:25 Carolyn Nistler - Public Comment
Ms. Nistler resides at 2387 Ferguson Avenue in Baxter Meadows. In this situation she feels that
the benefit and the betterment of our community as a whole if we have a YMCA and parcel
would greatly override the costs associated with this project. She supports both this proposal and
the YMCA and wants the Commission to join her in her support.
0:43:25 Public Comment closed.
Mayor Krauss closed public comment.
0:59:39 Motion to approve the Baxter Meadows Regional Parkland Credit Request.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the Baxter Meadows
Regional Parkland Credit Request.
1:00:48 Mayor Krauss
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Mayor Krauss stated that he doesn't think that the pledge of five acres to the YMCA should be
contingent on the granting of the parkland request to Baxter. He doesn't see the granting of the
request as giving a little but as giving a lot. He is sorry that the offer to the YMCA is contingent,
but he can't let that affect the policy here.
1:07:57 Vote to approve the Baxter Meadows Regional Parkland Credit Request.
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the Baxter
Meadows Regional Parkland Credit Request.]
Those voting Aye being none.
Those voting No being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
The motion failed 0-5.
1:08:08 Mayor Krauss
Mayor Krauss declared a five minute break.
1:08:12 Break
1:20:14 2. Final adoption of Ordinance No. 1711, Workforce Housing Revisions to Title
3, Chapter 24, Impact Fees, Bozeman Municipal Code (Luwe)
1:20:22 Paul Luwe, City Attorney
Mr. Luwe presented the staff report.
1:33:55 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
1:39:59 Mayor Krauss
Mayor Krauss suggested impact fees of 10% per year (for ten years total).
1:40:20 Mayor Krauss
Mayor Krauss said that after ten years, sold or not, you owe 100% of the impact fee.
2:00:25 Motion to adopt Ordinance 1711, amending it to phase full amount of the impact
fees at 10% per year for 10 years based upon occupancy and sale within that time.
It was moved by Cr. Becker to adopt Ordinance 1711, amending it to phase full amount of
the impact fees at 10% per year for 10 years based upon occupancy and sale within that
time.
2:00:43 Clarification of Motion - Mr. Luwe
Mr. Luwe clarified that the Commission wouldn't be amending this ordinance; they would be
providing staff direction to come back with some amendments to the Workforce Housing
Ordinance to implement the percentage.
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2:00:59 Clarification of Motion - Mayor Krauss
Mayor Krauss said that they will finally adopt this ordinance, and we're providing direction on
implementation of the alternate of the deferral of impact fees. Cr. Becker agreed to the
clarification.
2:01:20 Second of Clarified Motion
It was moved by Cr. Becker, seconded by Cr. Rupp, to finally adopt Ordinance 1711, and
to provide direction on implementation of the alternate of deferral of impact fees.
2:01:23 Clarification of Motion - Mayor Krauss
Mayor Krauss clarified the motion to provide direction on the implementation of the alternative
which is to defer impact fees to be paid back at 10% a year (point of sale or 10 years, whatever
happens first).
2:01:32 Mr. Brey
Mr. Brey stated that this ordinance can be turned around very quickly (within a month).
2:01:52 Mayor Krauss
Mayor Krauss wanted this amendment to be done before the Workforce Housing Ordinance goes
into play on August 15, 2007. The Commissioners concurred.
2:02:33 Final Clarification of Motion
Mayor Krauss and Cr. Becker clarified the motion in its final form, and Cr. Rupp agreed that this
was his understanding of the motion:
It was moved by Cr. Becker, seconded by Cr. Rupp, to finally adopt Ordinance 1711,
providing direction on the implementation of the alternative, which is to defer impact fees,
to be paid back at 10% a year, collected at point of sale or ten years, whichever happens
first.
2:03:05 Vote to finally adopt Ordinance 1711, providing direction on the implementation of
the alternative, which is to defer impact fees, to be paid back at 10% a year, collected at
point of sale or ten years, whichever happens first.
[It was moved by Cr. Becker, seconded by Cr. Rupp, to finally adopt Ordinance 1711,
providing direction on the implementation of the alternative, which is to defer impact fees,
to be paid back at 10% a year, collected at point of sale or ten years, whichever happens
first.]
Those voting Aye being Crs. Becker, Rupp, and Mayor Krauss.
Those voting No being Crs. Kirchhoff and Jacobson.
The motion carried 3-2.
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2:03:16 3. Final adoption of Ordinance No. 1707, Amendments to Title 3, Chapter 24,
Impact Fees, Bozeman Municipal Code (Saunders)
2:03:27 Chris Saunders, Assistant Director of Planning
Mr. Saunders presented the staff report.
2:05:22 Public Comment opened.
Mayor Krauss opened public comment.
2:05:32 Brenda Papera - Public Comment
Ms. Papera resides at 114 South 6th Avenue, and she questioned why the City is paying impact
fees for developers' gain. She questioned why we aren't asking the developers, who are the ones
having the greatest gain, to pay the impact fees, so that the City isn't using any money to pay
those fees upfront in order to defer them for the homeowner.
2:08:48 Mayor Krauss
Because he couldn't remember whether he had called for public comment on Ordinance No.
1711, Mayor Krauss asked for public comment on either this item or the last item.
2:09:46 Public Comment closed.
Mayor Krauss closed public comment.
2:09:59 Motion to adopt in its final version Ordinance 1707, Amendments to Title 3 of the
Impact Fees of the Bozeman Municipal Code.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to adopt in its final version
Ordinance 1707, Amendments to Title 3 of the Impact Fees of the Bozeman Municipal
Code.
2:14:29 Vote to adopt in its final version Ordinance 1707, Amendments to Title 3 of the
Impact Fees of the Bozeman Municipal Code.
[It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to adopt in its final version
Ordinance 1707, Amendments to Title 3 of the Impact Fees of the Bozeman Municipal
Code.]
Those voting Aye being Crs. Rupp, Kirchhoff, and Jacobson.
Those voting No being Cr. Becker and Mayor Krauss.
The motion carried 3-2.
2:14:58 Mayor Krauss
Mayor Krauss declared a five minute break.
2:15:02 Break
2:29:11 4. Police Department Staffing Mill Levy (Tymrak)
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2:30:50 Mark Tymrak, Director of Public Safety/Police
Mr. Tymrak presented the staffing plan. He would like a unanimous direction to bring back a
resolution for August 13 for staffing needs. For a public safety mill levy addressing staffing
needs, he is requesting a total of 16 mills over the next three years for a total of 15 sworn police
officers.
2:57:29 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:58:07 Motion to direct staff to bring back a resolution on August 13 or as late as the 20th,
with ballot language for a special mail ballot election for a mill levy assessment of
potentially six (6) mills in FY09, an additional five (5) mills in FY10, and an additional five
(5) mills in FY11 to fund permanent sworn officer staffing and related capital increases for
the Police Department.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to direct staff to bring back a
resolution on August 13 or as late as the 20th, with ballot language for a special mail ballot
election for a mill levy assessment of potentially six (6) mills in FY09, an additional five (5)
mills in FY10, and an additional five (5) mills in FY11 to fund permanent sworn officer
staffing and related capital increases for the Police Department.
3:31:21 Mr. Tymrak
In response to Mayor Krauss, Mr. Tymrak doesn't know where the Justice Center will be and
doesn't feel he can move forward with the comprehensive plan until that is determined.
3:42:08 Vote to direct staff to bring back a resolution on August 13 or as late as the 20th,
with ballot language for a special mail ballot election for a mill levy assessment of
potentially six (6) mills in FY09, an additional five (5) mills in FY10, and an additional five
(5) mills in FY11 to fund permanent sworn officer staffing and related capital increases for
the Police Department.
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to direct staff to bring back a
resolution on August 13 or as late as the 20th, with ballot language for a special mail ballot
election for a mill levy assessment of potentially six (6) mills in FY09, an additional five (5)
mills in FY10, and an additional five (5) mills in FY11 to fund permanent sworn officer
staffing and related capital increases for the Police Department.]
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
3:43:23 5. Bridger Center Minor Subdivision Master Site Plan #Z-07119 (Knight)
3:43:41 Mr. Epple
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Mr. Epple presented the staff report.
3:47:43 Tim Kearns, Applicant
Mr. Kearns stated that he wants to improve the area and the neighborhood.
3:49:34 Public Comment opened.
Mayor Krauss opened public comment.
3:49:43 Casper Offutt - Public Comment
Mr. Offutt owns the building across on the corner of Commercial and Bridger Center Drive, and
would welcome any new construction that would fill in and improve that site and existing
buildings.
3:50:16 Bill Harston – Public Comment
Mr. Harston is a neighbor across the street, and he thinks that the plan looks good and will
enhance the neighborhood. He said that anything would be an improvement, and this is a good-
looking building.
3:50:44 Public Comment closed.
Mayor Krauss closed public comment.
3:50:47 Motion and Vote to approve application #Z-07119 (the Bridger Center Minor
Subdivision Master Site Plan) with the conditions of approval as outlined in the staff
report.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve application #Z-07119
(the Bridger Center Minor Subdivision Master Site Plan) with the conditions of approval
as outlined in the staff report.
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
Refer to the Staff Report in the August 6, 2007 packet for the conditions of approval.
3:51:22 6. Papera Porch Certificate of Appropriateness with Deviations #Z-07147
(Kramer)
3:51:30 Suspension of Rules of Procedure
Mayor Krauss suspended the Rules of Procedure to keep this meeting open until 10:15 pm.
3:51:38 Mr. Epple
Mr. Epple presented the staff report.
3:53:41 Brenda Papera, Applicant
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Ms. Papera, who is the owner of the property at 114 South 6th Avenue, measured the properties
on her street and found very inconsistent setbacks. She included a letter of support from her
neighbors who would be visually impacted by her porch, and said that any improvements that
can be made on an older house would improve the neighborhood.
3:59:13 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
3:59:25 Motion and Vote to approve the Papera Porch Certificate of Appropriateness with
Deviations and conditions of approval outlined in the staff report.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Papera Porch
Certificate of Appropriateness with Deviations and conditions of approval outlined in the
staff report.
Those voting Aye being Cr. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
Refer to the Staff Report in the August 6, 2007 packet for the conditions of approval.
3:59:43 8. Appointment to the Police Commission (Delaney)
3:59:48 Motion and Vote to appoint Michael Nash to the Bozeman Police Commission.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to appoint Michael Nash to the
Bozeman Police Commission.
Those voting Aye being Cr. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
4:00:03 7. Appointments to the Northeast Urban Renewal Board (Delaney)
4:00:14 Motion and Vote to appoint Robert Pavlic for the business owner and Daniel
Doehring for the resident.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to appoint Robert Pavlic for the
business owner and Daniel Doehring for the resident.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
4:00:39 G. FYI/Discussion
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4:00:45 Mayor Krauss - Bring forward applicants to fill a resignation on the Planning Board
4:01:19 Cr. Rupp - Question about the legality of parking on setback yards
4:02:31 Cr. Becker - Commission liaison to the Wetland Review Board; Questions about glass
decision
4:05:09 Ms. Rosenberry - Needs direction on the selection criteria for distribution of Big Box
Funds regarding housing
4:07:48 Ms. Rosenberry - Clarification that the Commission would like staff to come back with a
proposal with Prospera evaluating the economic development criteria
4:10:48 Cr. Jacobson - Questions about why there isn't an ordinance that requires people to keep
a lid on their garbage
4:11:34 H. Adjournment
Mayor Krauss adjourned the meeting.
____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Cynthia Jordan Delaney, Deputy City Clerk
Approved on ___________________________.
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