HomeMy WebLinkAbout12-3-07_July 23, 200722222222222222222222222222222222222_3LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 23, 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, July 23, 2007 at 6:00 pm. Present were Mayor Jeff
Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, City Manager
Chris Kukulski, Fire Chief Chuck Winn, Planning Director Andy Epple, Assistant Planning
Director Chris Saunders, Finance Director Anna Rosenberry, City Attorney Paul Luwe, City
Engineer Rick Hixson, and Deputy City Clerk Cynthia Jordan Delaney.
0:10:57 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311
West Main Street
Mayor Krauss called the meeting to order.
0:10:58 B. Pledge of Allegiance and a Moment of Silence
0:11:55 C. Public Service Announcement - Thank You for Citizen Involvement in catching
DUI Suspect (Lt. Rich McLane)
0:15:31 D. Consent
1. Authorize Payment of Claims (LaMeres)
2. Approve and authorize City Manager to sign the Notice of Award for the Wastewater
Treatment Plant Phase I Early Out Project Mixer Procurement Contract (Murray)
3. Approve Resolution No. 4044, Support of Full Funding for National Parks,
Battlefields, and Monuments (Fontenot)
4. Authorize City Manager to sign the Public Access Easement and the Water Pipeline
and Access Easement and Agreement for Schwartz Condos (D. Johnson)
5. Ratify the Commission vote whereby the intention of the motion was to adopt
Resolution No. 4041, Final Creation of Special Improvement Lighting District #700,
Annie Subdivision Phases 3B & 3C, although the stated motion was to continue the
public hearing (Fontenot)
6. Approve Resolution No. 4046, adopting the 2007-2008 Facility Timeline & Finance
Plan (Kukulski)
0:15:35 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:15:51 Motion and Vote to approve Consent items 1-6.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Consent items 1-6.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
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Those voting No being none.
The motion carried 5-0.
0:16:05 E. Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:16:37 F. Action Items
0:16:40 1. Update of General Fund Capital Improvement Plan for Fiscal Years 2008-2012,
deferred from July 16, 2007 (Rosenberry)
0:16:43 Anna Rosenberry, Finance Director
Ms. Rosenberry presented the staff report.
0:20:37 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:34:06 Motion to approve the General Fund Capital Improvement Plan for Fiscal Years
2008-2012 with two changes.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the General Fund Capital
Improvement Plan for Fiscal Years 2008-2012 with two changes: one is the addition of a
heating and air conditioning replacement at the Senior Center for this fiscal year, and the
removal of the language the Mayor spoke about that would remove tennis courts for a
parking lot.
0:38:08 Vote to approve the General Fund Capital Improvement Plan for Fiscal Years 2008-
2012 with two changes.
[It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the General Fund Capital
Improvement Plan for Fiscal Years 2008-2012 with two changes: one is the addition of a
heating and air conditioning replacement at the Senior Center for this fiscal year, and the
removal of the language the Mayor spoke about that would remove tennis courts for a
parking lot.]
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
0:38:17 2. Fire Department Mill Levy Options (Winn/Kukulski)
0:38:56 Chuck Winn, Fire Chief
Chief Winn presented the staff report.
0:53:24 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
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0:53:54 Motion to direct staff to bring back a resolution on August 13, 2007, with ballot
language for an eighteen (18) mill levy request to fund staffing and operations of a new city
fire station, and funding for the Fire Department's equipment and capital reserve plan.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to direct staff to bring back a
resolution on August 13, 2007, with ballot language for an eighteen (18) mill levy request to
fund staffing and operations of a new city fire station, and funding for the Fire Department's
equipment and capital reserve plan.
1:07:12 Vote to direct staff to bring back a resolution on August 13, 2007, with ballot
language for an eighteen (18) mill levy request to fund staffing and operations of a new city
fire station, and funding for the Fire Department's equipment and capital reserve plan.
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to direct staff to bring back a
resolution on August 13, 2007, with ballot language for an eighteen (18) mill levy request to
fund staffing and operations of a new city fire station, and funding for the Fire Department's
equipment and capital reserve plan.]
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
1:07:35 Mayor Krauss
Mayor Krauss declared a five minute break.
1:07:37 Break
1:20:55 3. Water Impact Fee Schedule Update (Saunders/HDR)
1:21:24 Chris Saunders, Assistant Planning Director
Mr. Saunders presented the staff report.
1:25:21 Randy Goff, HDR Engineering
Mr. Goff explained the impact fees.
1:33:40 Public Comment opened.
Mayor Krauss opened public comment.
1:33:48 Art Wittich - Public Comment
Mr. Wittich, representing the Southwest Montana Building Industry Association and the class of
fee payers who litigated impact fees against the City of Bozeman, stated that with the unknown cost
and construction schedule of the Sourdough Dam, to include the full funding for the project in the
impact fees now would raise constitutional problems, and he urged the City to look at what the staff
and HDR proposed.
1:36:45 Public Comment closed.
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Mayor Krauss closed public comment.
2:04:07 Motion to direct staff to prepare an implementing resolution for the Updated Fee
Study and to keep the Sourdough Dam funding at the level identified in the study.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to direct staff to prepare an
implementing resolution for the Updated Fee Study and to keep the Sourdough Dam funding
at the level identified in the study.
2:15:24 Cr. Jacobson
Cr. Jacobson doesn't think they should be saying 20% (of the Sourdough Dam) because they don't
know what it will cost, but they do know what the staff thinks it will take to design and permit it,
and that is $4 million.
2:16:16 Vote to direct staff to prepare an implementing resolution for the Updated Fee Study
and to keep the Sourdough Dam funding at the level identified in the study.
[It was moved by Cr. Jacobson, seconded by Cr. Becker, to direct staff to prepare an
implementing resolution for the Updated Fee Study and to keep the Sourdough Dam funding
at the level identified in the study.]
Those voting Aye being Crs. Jacobson, Becker, and Mayor Krauss.
Those voting No being Crs. Rupp and Kirchhoff.
The motion carried 3-2.
2:16:25 4. Wastewater Impact Fee Schedule Update (Saunders/HDR)
2:16:40 Mr. Saunders
Mr. Saunders presented the staff report.
2:17:37 Mr. Goff
Mr. Goff explained the impact fees.
2:22:14 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:22:37 Motion and Vote to approve the updated Wastewater Impact Fee Study Report and
direct staff to bring back a resolution of adoption.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the updated Wastewater
Impact Fee Study Report and direct staff to bring back a resolution of adoption.
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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2:23:03 5. Provisionally adopt Ordinance No. 1707, Amending Chapter 3.24, Impact Fees,
Bozeman Municipal Code (Saunders)
2:23:22 Mr. Saunders
Mr. Saunders presented the staff report.
2:28:53 Public Comment opened.
Mayor Krauss opened public comment.
2:29:00 Art Wittich - Public Comment
Mr. Wittich, representing SWMBIA and the class of fee payers, stated that the prudent thing to do
is to keep it at 90% and err on the side of not overcharging and creating a constitutional problem.
2:31:32 Public Comment closed.
Mayor Krauss closed public comment.
2:34:06 Motion to provisionally adopt Ordinance 1707.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to provisionally adopt Ordinance
1707.
2:34:35 Mr. Saunders
Mr. Saunders clarified that the motion as made would remove the 80% (impact fee) limitation from
fire, streets, water, and sewer. By not specifically lowering it, it automatically goes to the calculated
amount in the study and adjusts annually by inflationary factors, which functionally means 100%.
3:04:18 Vote to provisionally adopt Ordinance 1707.
[It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to provisionally adopt Ordinance
1707.]
Those voting Aye being Crs. Rupp, Kirchhoff, and Jacobson.
Those voting No being Cr. Becker and Mayor Krauss.
The motion carried 3-2.
3:05:18 6. Resolution No. 4045, Final Creation of Special Improvement Lighting District
#701, Flanders Creek Subdivision (Rosenberry)
3:05:29 Ms. Rosenberry
Ms. Rosenberry presented the staff report.
3:06:16 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
3:06:32 Motion to approve Resolution 4045, Final Creation of Special Improvement Lighting
District #701.
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It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Resolution 4045, Final
Creation of Special Improvement Lighting District #701.
3:07:17 Vote to approve Resolution 4045, Final Creation of Special Improvement Lighting
District #701.
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Resolution 4045, Final
Creation of Special Improvement Lighting District #701.]
Those voting Aye being Crs. Kirchhoff, Jacobson, Rupp, and Mayor Krauss.
Those voting No being Cr. Becker.
The motion carried 4-1.
3:07:30 7. Reappointment to the Parking Commission (Delaney)
3:07:35 Mayor Krauss
Mayor Krauss reappointed Pam Bryan to the Parking Commission with the consent of the
Commission.
3:07:52 8. Reappointment to the Library Board of Trustees (Delaney)
3:07:57 Mayor Krauss
Mayor Krauss reappointed Holly Brown to the Library Board of Trustees with the consent of
the Commission.
3:08:17 9. Reappointment to the Community Affordable Housing Advisory Board
(CAHAB) (Delaney)
3:08:29 Motion to appoint Mary Martin to CAHAB.
It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to appoint Mary Martin to CAHAB.
3:08:36 Cr. Jacobson
Cr. Jacobson would like those reapplying to boards to fill out new applications to make sure their
information is current.
3:09:53 Vote to appoint Mary Martin to CAHAB.
[It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to appoint Mary Martin to
CAHAB.]
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
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3:10:19 G. FYI/Discussion
3:10:23 Cynthia Jordan Delaney, Deputy City Clerk - Reminder about no Commission
Meeting on July 30
3:10:35 H. Adjournment
Mayor Krauss adjourned the meeting at 9:08 pm.
______________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Cynthia Jordan Delaney, Deputy City Clerk
Approved on ___________________________.
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