HomeMy WebLinkAbout12-10-07_August 13, 200722222222222222222222222222222222222_2LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 13, 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 13, 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, Assistant City Attorney Tim Cooper, and Deputy City Clerk
Cynthia Jordan Delaney.
0:08:35 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse,
311 West Main Street
Mayor Krauss called the meeting to order at 6:07 pm.
0:08:40 B. Pledge of Allegiance and a Moment of Silence
0:09:53 C. Public Service Announcement - Construction Update (Semerau)
0:10:21 Karen Semerau, Executive Assistant
Ms. Semerau expressed a thank you to the public for their patience during this construction
season and gave an update about Bozeman construction.
0:13:59 D. Consent
1. Authorize Payment of Claims (LaMeres)
2. Approve Monthly Building Division Report (Poulsen)
3. Approve Resolution No. 4055, Intent to include the Cities of Belgrade and
Bozeman into the Gallatin Solid Waste Management District (Arkell)
4. Approve Resolution No. 4052, Intent to Create Special Improvement Lighting
District #702, PT Land Subdivision Phase 1 (Shannon)
5. Approve Beer & Wine License for All Things Italian, LLC (Neibauer)
6. Authorize City Manager to sign Professional Services Agreement for
Archaeological Monitoring at the Intermodal Facility (Bristor)
7. Authorize City Manager to sign Public Access Easement for Wiegand Estates
(Stodola)
0:14:06 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:14:21 Motion and Vote to approve Consent items 1-7.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Consent items 1-7.
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Linked Minutes of the Bozeman City Commission Meeting, August 13, 2007
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
0:14:38 E. Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:15:19 F. Action Items
0:15:21 1. City-County Health Department's FY 2008 Preliminary Budget (Nelson)
0:15:28 Stephanie Nelson, Health Officer at the Gallatin City-County Health Department
Ms. Nelson presented a review of the Health Department's budget for Fiscal Year 2008.
0:26:09 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:26:36 Motion and Vote to approve the City-County Health Department FY 2008
Preliminary Budget.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the City-County Health
Department FY 2008 Preliminary Budget.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
0:26:59 2. Resolution No. 4042, Water Rates (Rosenberry)
0:27:12 Anna Rosenberry, Director of Finance
Ms. Rosenberry presented the staff report.
0:28:49 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:29:05 Motion to approve Resolution 4042, which outlines water rates effective September
1, 2007 and September 1, 2008.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Resolution 4042,
which outlines water rates effective September 1, 2007 and September 1, 2008.
0:30:17 Vote to approve Resolution 4042, which outlines water rates effective September 1,
2007 and September 1, 2008.
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Resolution 4042,
which outlines water rates effective September 1, 2007 and September 1, 2008.]
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Linked Minutes of the Bozeman City Commission Meeting, August 13, 2007
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
0:30:26 3. Resolution No. 4043, Wastewater Rates (Rosenberry)
0:30:33 Ms. Rosenberry
Ms. Rosenberry presented the staff report.
0:32:28 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:33:22 Dustin Johnson, Project Engineer
Mr. Johnson is the representative from the City who meets with the dairy. The dairy is planning
on using tankers to tank the water back out to the dairy to reuse that water.
0:40:34 Motion to adopt Resolution No. 4043, which outlines wastewater rates effective on
September 1, 2007 and September 1, 2008.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to adopt Resolution No. 4043,
which outlines wastewater rates effective on September 1, 2007 and September 1, 2008.
0:43:27 Vote to adopt Resolution No. 4043, which outlines wastewater rates effective on
September 1, 2007 and September 1, 2008.
[It was moved by Cr. Jacobson, seconded by Cr. Becker, to adopt Resolution No. 4043,
which outlines wastewater rates effective on September 1, 2007 and September 1, 2008.]
Those voting Aye being Crs. Jacobson, Becker, Kirchhoff, and Mayor Krauss.
Those voting No being Cr. Rupp.
The motion carried 4-1.
0:43:35 4. Resolution No. 4054, Property Tax Increase for Fire Services
(Kukulski/Winn)
0:43:53 Chris Kukulski, City Manager
Mr. Kukulski presented the staff report.
1:03:10 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
1:03:46 Motion to approve Resolution 4054, Property Tax Increase for the Fire Services,
adopting ballot language for the 2007 General Election.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Resolution 4054, Property
Tax Increase for the Fire Services, adopting ballot language for the 2007 General Election.
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Linked Minutes of the Bozeman City Commission Meeting, August 13, 2007
1:11:35 Cr. Jacobson
Cr. Jacobson stated that she would like a simple sentence that said, "The average homeowner
would pay this much per month."
1:11:51 Mayor Krauss
Mayor Krauss suggested that "the median" should be used.
1:15:21 Amendment to Motion and Vote on Amendment
It was moved by Cr. Becker, seconded by Cr. Rupp, to amend the Fire Services Mill Levy
motion to include language that addresses the median home value per month: "The
Bozeman median homeowner would pay $3.75 a month."
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
1:20:42 Vote to approve Resolution 4054, Property Tax Increase for the Fire Services,
adopting ballot language for the 2007 General Election.
[It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Resolution 4054, Property
Tax Increase for the Fire Services, adopting ballot language for the 2007 General Election.]
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
1:20:50 5. Resolution No. 4051, Property Tax Increase for Police Services
(Kukulski/Tymrak)
1:24:11 Mark Tymrak, Director of Public Safety/Police
Mr. Tymrak presented the staff report.
1:26:46 Public Comment opened.
Mayor Krauss opened public comment.
1:26:53 Eric Bryson - Public Comment
Mr. Bryson resides at 2738 Harris Street, and he hopes the Commission supports this
unanimously. We need to focus on public safely, and getting cops on the street should be a
priority.
1:27:44 Public Comment closed.
Mayor Krauss closed public comment.
1:32:30 Motion to approve Resolution 4051, Property Tax Increase for Police Services, with
the ballot language recommended.
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Linked Minutes of the Bozeman City Commission Meeting, August 13, 2007
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Resolution 4051,
Property Tax Increase for Police Services, with the ballot language recommended.
1:33:14 Amendment Language - Mayor Krauss
Mayor Krauss suggested Amendment language: "The Bozeman median homeowner would pay
(whatever it is) $.93 a month, and $2.10 a month, and whatever it is."
1:34:23 Amendment to Motion and Vote on Amendment
It was moved by Cr. Becker, seconded by Cr. Jacobson, to add a statement about monthly
payments similar to the one on the Fire Levy if it is legal: "The Bozeman median
homeowner would pay (whatever it is) $.93 a month, and $2.10 a month, and whatever it
is."
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The amendment carried 5-0.
1:40:43 Vote to approve Resolution 4051, Property Tax Increase for Police Services, with
the ballot language recommended.
[It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Resolution 4051,
Property Tax Increase for Police Services, with the ballot language recommended.]
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
1:40:55 Mayor Krauss
Mayor Krauss declared a ten minute break.
1:40:58 Break
1:58:48 6. Provisional Adoption of Ordinance No. 1713, Amending Bozeman Municipal
Code Section 2.05.040, Revising the Requirements for Certain Sales of Real Property
(Cooper)
1:59:13 Tim Cooper, Assistant City Attorney
Mr. Cooper presented the staff report.
2:02:57 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:03:16 Motion to pass this (provisionally adopt Ordinance No. 1713).
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Linked Minutes of the Bozeman City Commission Meeting, August 13, 2007
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to pass this (provisionally adopt
Ordinance No. 1713).
2:08:30 Vote to pass this (provisionally adopt Ordinance No. 1713).
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to pass this (provisionally
adopt Ordinance No. 1713).]
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
2:08:38 7. Provisional Adoption of Ordinance No. 1714, Providing for the Repayment to
the City of Impact Fees deferred under the Workforce Housing Program at the rate of
10% per year until the obligation is retired (Brey/Saunders)
2:09:08 Ron Brey, Assistant City Manager
Mr. Brey presented the staff report.
2:13:16 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:13:30 Motion to adopt Ordinance No. 1714, and under 17.02.060 Cost Offsets, modifying
3 and adding A.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to adopt Ordinance No. 1714, and
under 17.02.060 Cost Offsets, modifying 3 and adding A.: "Deferred impact fees shall be
paid to the City at the rate of 10% per year, due from the original purchaser upon sale of
the property. In the event of the sale of the impact fee deferred property before ten years,
the remainder of the obligation will be collected from any subsequent buyers at the rate of
10% per year, due upon any subsequent sale of the property. Partial years will be assessed
on a proportional basis. Such collections will continue until the obligation is retired."
2:33:42 Amendment to Motion
It was moved by Cr. Becker, seconded by Cr. Rupp, to amend Cr. Jacobson's motion to
require homeowners to pay the remaining impact fee in 10 years. The homeowner is
permitted to pay over a three year period after the 10 year term is achieved and home is
removed from the program (after they've owned the home for 10 years).
2:46:51 Vote on Amendment
[It was moved by Cr. Becker, seconded by Cr. Rupp, to amend Cr. Jacobson's motion to
require homeowners to pay the remaining impact fee in 10 years. The homeowner is
permitted to pay over a three year period after the 10 year term is achieved and home is
removed from the program (after they've owned the home for 10 years).]
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Linked Minutes of the Bozeman City Commission Meeting, August 13, 2007
Those voting Aye being Crs. Becker, Rupp, and Mayor Krauss.
Those voting No being Crs. Kirchhoff and Jacobson.
The motion carried 3-2.
2:47:14 Vote to adopt Ordinance No. 1714, and under 17.02.060 Cost Offsets, modifying 3
and adding A.
[It was moved by Cr. Jacobson, seconded by Cr. Becker, to adopt Ordinance No. 1714, and
under 17.02.060 Cost Offsets, modifying 3 and adding A.: "Deferred impact fees shall be
paid to the City at the rate of 10% per year, due from the original purchaser upon sale of
the property. In the event of the sale of the impact fee deferred property before ten years,
the remainder of the obligation will be collected from any subsequent buyers at the rate of
10% per year, due upon any subsequent sale of the property. Partial years will be assessed
on a proportional basis. Such collections will continue until the obligation is retired."]
Those voting Aye being Crs. Becker, Rupp, and Mayor Krauss.
Those voting No being Crs. Jacobson and Kirchhoff.
The motion carried 3-2.
2:47:25 8. Provisional Adoption of Ordinance No. 1715, Amending the Residential
Dates of MSU Parking Permits (Brey)
2:47:34 Mr. Brey
Mr. Brey presented the staff report.
2:48:58 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:49:21 Motion to provisionally adopt Ordinance 1715, Amending the Residential Dates of
MSU Parking Permits.
It was moved by Cr. Becker, seconded by Cr. Rupp, to provisionally adopt Ordinance
1715, Amending the Residential Dates of MSU Parking Permits.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
2:49:43 9. Resolution No. 4053, Final Creation of Special Improvement Lighting
District #699, Bozeman Gateway Subdivision Phases 1 & 3 (Rosenberry)
2:50:04 Ms. Rosenberry
Ms. Rosenberry presented the staff report.
2:51:18 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
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Linked Minutes of the Bozeman City Commission Meeting, August 13, 2007
2:53:02 Motion and Vote Final Creation of SID 699 with the Resolution 4053 being
adopted.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, Final Creation of SID 699 with the
Resolution 4053 being adopted.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being Cr. Becker.
The motion carried 4-1.
2:53:26 10. Appointment to the City Planning Board (Delaney)
2:53:33 Mayor Krauss
Mayor Krauss appointed Eric J. Roset to the City Planning Board.
2:53:46 G. FYI/Discussion
2:54:10 Cynthia Jordan Delaney, Deputy City Clerk - Reminder of Executive Session on
Monday, August 20 at 5:00 pm
2:54:29 Ms. Delaney - Liaison needed for Victim Witness Project Team
2:54:50 Mayor Krauss
Mayor Krauss volunteered to be the liaison to the Victim Witness Project Team.
2:55:13 Cr. Rupp - Interested to continue conversation about stops signs on North Wallace
2:56:46 Cr. Rupp - Wants to add to an agenda how a City Commissioner can get a four-way stop
established at Wallace and Mendenhall
2:57:10 Ms. Rosenberry - Senior Center air conditioning unit is already scheduled in the FY08
Budget; Final Budget adoption will be delayed until at least August 27
2:59:01 Cr. Becker - Liaison needed for Wetlands Review Board
3:00:39 Mayor Krauss - Upset with the Sports Illustrated article about Bozeman and asked
others to read it
3:05:34 Cr. Becker - Met last week with County Cr. Bill Murdoch and the Forest Service about
plowing Hyalite Canyon during the winter
3:07:29 H. Adjournment
Mayor Krauss adjourned the meeting at 9:08 pm.
____________________________________
Jeffrey K. Krauss, Mayor
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Linked Minutes of the Bozeman City Commission Meeting, August 13, 2007
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Cynthia Jordan Delaney, Deputy City Clerk
Approved on ___________________________.
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