HomeMy WebLinkAbout12-10-07_August 27, 200743243243243243243243243243243232432_4LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 27, 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 27, 2007 at 6:00 pm. Present were
Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, City Manager Chris
Kukulski, Assistant City Manager Ron Brey, Planning Director Andy Epple, Finance Director
Anna Rosenberry, Director of Public Works Debbie Arkell, Assistant City Attorney Tim Cooper,
and Deputy City Clerk Cynthia Jordan Delaney.
0:07:01 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse,
311 West Main Street
Mayor Krauss called the meeting to order.
0:07:03 B. Pledge of Allegiance and a Moment of Silence
0:08:02 Changes to the Agenda - Chris Kukulski, City Manager
Mr. Kukulski gave two updates to the agenda: item G. 5. (Madill Impact Fee Credit Request
IFCR-0701, opened and continued from August 20, 2007) has been postponed to September 4,
2007 at the request of the applicant. He anticipates that the Hyalite Canyon winter use discussion
would take place during the budget hearing.
0:09:01 Mayor Krauss
Mayor Krauss moved the Hyalite winter use and plowing discussion into the budget hearing.
0:09:12 C. Public Service Announcement - Public Nuisance Response (McLane)
0:09:18 Lt. Rich McLane
Lt. McLane addressed noise disturbances and common sense boundaries about parties in
Bozeman.
0:12:17 Public Service Announcement - Brit Fontenot, Assistant to City
Manager/Neighborhood Coordinator
Mr. Fontenot shared that the Peet's Hill parking lot and trail will be closed from September 4 to
24 for paving. He instructed the public where to park. He also shared that the County now has
the ability to stream the Commission meetings for internet use, and it is in the testing phase.
0:14:13 D. Authorize the Absence of Cr. Jacobson
0:14:14 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 Cr.
Jacobson.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:14:28 E. Consent
1. Authorize Payment of Claims (LaMeres)
2. Finally adopt Ordinance No. 1713, Revising Section 2.05.040, Bozeman Municipal
Code, Requirements for Certain Sales of Real Property (Cooper)
3. Finally adopt Ordinance No. 1715, Revising the Effective Dates of the Annual
Residential Parking Permits for the MSU Parking District (Brey)
4. Authorize City Manager to sign Emergency Management Coordinator and
Hazardous Materials Contract (Winn)
5. Approve Letter of Intent to sell Parking Garage Retail Condos to City Center
Commerce, LLC (Rosenberry)
0:14:32 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:14:50 Motion and Vote to approve consent items E. 1-5.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve consent items E. 1-5.
Those voting Aye being Crs. Rupp, Kirchhoff, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:15:02 F. Public Comment
Mayor Krauss opened public comment.
0:15:41 Brian Caldwell - Public Comment
Mr. Caldwell, a member of the Affordable Housing Task Force, commented on Action item 4,
the repayment of deferred impact fees. His personal opinion would be to adjust the price that the
land developers paid for the land and adjust that accordingly to offset this impact fee. The impact
fee component is an important cost to be eliminated, and to defer it to the home buyer defeats the
purpose of the ordinance.
0:17:22 Jennifer Swearingen - Public Comment
Ms. Swearingen resides at 502 South 6th Avenue. She commented on the first FYI item, Great
Falls Electric Power Company Presentation. She believes very strongly that the purchase of
electricity from the City of Great Falls would be environmentally unsound, fiscally risky for the
City, and could negatively impact residential ratepayers. She handed out a fact sheet, and urged
the Commission to review the email from Bob Raney.
0:19:04 Joe Josephson - Public Comment
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
Mr. Josephson resides at 232 South K Street in Livingston. He is representing the Southwest
Montana Climbers' Coalition for the Hyalite Canyon winter road issue. He stated that if the City
helps now, they will be creating stewards who will care about the watershed. He encouraged the
City to contribute funding for plowing the road to Blackmore.
0:22:10 Marcia Youngman - Public Comment
Ms. Youngman resides at 1214 West Koch Street. She believes this electric city power concept is
the wrong direction to be going. There is no way Bozeman could ever mitigate its share of the
global-warming pollutants, and the short-term savings would go away very quickly. She feels
that it is a terrible deal ultimately for tax payers and the environment. Both Helena and Missoula
have said no quickly, and she hopes the Commission will say no as well.
0:24:21 Kathy Costakis - Public Comment
Ms. Costakis resides at 408 Bonner Lane. She spoke at the Transportation Coordinating
Committee meeting about the need for a more comprehensive look at our schools and how kids
walk and bike to school. She asked the Commission to put the $20,000 back in the transportation
update or the budget for ALTA. If the City will give $10,000, she will commit to help raise the
other $10,000.
0:34:44 Public Comment closed.
Mayor Krauss closed public comment.
0:34:52 G. Action Items
0:34:53 1. Resolution No. 4060, Appropriation Resolution for Fiscal Year 2007-2008,
Budget Hearing opened and continued on July 16 to August 20, 2007, and continued from
August 20 to August 27, 2007 (Rosenberry)
0:35:02 Anna Rosenberry, Finance Director
Ms. Rosenberry presented the staff report.
1:02:52 Public Comment opened.
Mayor Krauss opened public comment.
1:03:12 Kerry White - Public Comment
Mr. White resides at 4000 Blackwood Road. As a member of the Transportation Coordinating
Committee, he believes it's inappropriate for the $10,000 to be thrown into the TCC and
Transportation Plan. He was also greatly concerned about plowing the Hyalite Canyon road:
possible contamination of Bozeman's water supply, gorging out the canyon, icy roads, and
accidents leading to lawsuits.
1:07:45 Mark Johnson - Public Comment
Mr. Johnson resides at 107 Northwestern Drive. He asked if it was appropriate to consider
renewing a composting facility since the one in the past was contaminated and shut down. The
Commission is addressing the concern of hauling all the solid waste to Logan, but having a
compost facility would reduce the amount of waste.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
1:11:36 Public Comment closed.
Mayor Krauss closed public comment.
1:58:29 Motion to approve Resolution 4060, Appropriation Resolution for Fiscal Year
2007-2008 with a few additional items.
It was moved by Cr. Kirchhoff to approve Resolution 4060, Appropriation Resolution for
Fiscal Year 2007-2008 with a few additional items: I would add to the resolution that we
cover the $25,700 library materials' budget increase; that starting in December we pay the
full-time equivalent for maintenance of the library; that we set aside and appropriate
$20,000 to pay to the ALTA Group in its research and surveying and preliminary data
gathering for the Safe Routes to Schools involving our school district, particularly
elementary schools; and I don't know how to include the parks' restrooms' improvements.
1:59:41 Mr. Kukulski
Mr. Kukulski suggested that unless they want park restrooms to trump other items (because they
will be at least $60,000 each), he will encourage Mr. Dingman and the Recreation and Park
group to get right down to the details of these restroom replacements and bring that forth in an
amendment to the budget and utilizing some of our cash reserve to get that replaced.
2:00:26 Clarification of Motion
Cr. Kirchhoff clarified that he doesn't need to mention the parks' restrooms in this motion, and
direction can be given later. He wanted to include the estimated amount for surveying so that we
can eventually re-plat our parks and designate them as parks. He included everything on the list
except for Hyalite plowing.
It was moved by Cr. Kirchhoff to approve Resolution 4060, Appropriation Resolution for
Fiscal Year 2007-2008 with a few additional items. I would add to the resolution that we
cover the $25,700 library materials' budget increase; that starting in December we pay the
full-time equivalent for maintenance of the library; that we set aside and appropriate
$20,000 to pay to the ALTA Group in its research and surveying and preliminary data
gathering for the Safe Routes to Schools involving our school district, particularly
elementary schools; and include the estimated amount for surveying so that we can
eventually re-plat our parks and designate them as parks.
2:01:31 Second of Motion
Cr. Becker seconded Cr. Kirchhoff's motion.
It was moved by Cr. Kirchhoff, seconded by Cr. Becker to approve Resolution 4060,
Appropriation Resolution for Fiscal Year 2007-2008 with a few additional items. I would
add to the resolution that we cover the $25,700 library materials' budget increase; that
starting in December we pay the full-time equivalent for maintenance of the library; that
we set aside and appropriate $20,000 to pay to the ALTA Group in its research and
surveying and preliminary data gathering for the Safe Routes to Schools involving our
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
school district, particularly elementary schools; and include the estimated amount for
surveying so that we can eventually re-plat our parks and designate them as parks.
2:06:06 Cr. Rupp
Cr. Rupp checked with Cr. Kirchhoff to clarify that there were four parts to the motion: library
materials, Safe Routes to Schools, survey the park land, and the maintenance man starting
halfway through the year.
2:06:22 Mayor Krauss
Mayor Krauss stated that that add ups to $85,000, which is $15,000 more than the revenues, and
he won't vote for an unbalanced General Fund Budget.
2:06:40 Cr. Becker
Cr. Becker asked if they were willing to amend it to the $10,000 requested for the Safe Routes to
Schools, and if the fundraising didn't work, they could revisit it later.
2:07:27 Cr. Rupp
Cr. Rupp asked if some money could be taken out of the reserve for the new City Hall.
2:07:49 Mayor Krauss
Mayor Krauss said that they would make the motion to put $10,000 into the General Fund and
$10,000 into the Special Revenue Fund.
2:09:53 Cr. Rupp
Cr. Rupp asked Mayor Krauss if he wanted him to identify in this motion that they balance the
City budget by moving the money from library remodel/City Hall remodel to cover this extra
$10,000.
2:11:01 Mayor Krauss
Mayor Krauss said that we can definitely move $10,000 (or whatever that is) and pay the whole
Safe Routes to Schools out of the Valley Unit/Special Projects money. Let's just move the
$20,000 out of Valley Unit; then we are at $55,000, and we have a $20,000 cushion, and it would
be balanced in the black by a few thousand dollars, leaving everything else the same.
2:11:45 Friendly Amendment to Motion
Cr. Kirchhoff accepted that as a Friendly Amendment:
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to definitely move $10,000 (or
whatever that is) and pay the whole Safe Routes to Schools out of the Valley Unit/Special
Projects money. Let's just move the $20,000 out of Valley Unit; then we are at $55,000, and
we have a $20,000 cushion, and it would be balanced in the black by a few thousand
dollars, leaving everything else the same.
2:12:07 Clarification of Motion (including Friendly Amendment)
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
Mayor Krauss clarified the motion and what they added: $25,700 for the library (materials),
$30,000 approximately for the half a year FTE (maintenance position), and $20,000 for the
ALTA Contract for Safe Routes to Schools. The Amendment removed the $20,000 from the
General Fund and authorized this expenditure from the Special Projects Fund/Valley Unit Fund.
The $10,000 for the survey of the parks, as well.
2:13:07 Mayor Krauss
Mayor Krauss said that the Hyalite plowing could come back as a budget amendment, if they
ever get a robust proposal with guardrails and the Forest Service steps up; then the City might
step up.
2:13:46 Vote to approve Resolution 4060, Appropriation Resolution for Fiscal Year 2007-
2008 with a few additional items.
It was moved by Cr. Kirchhoff to approve Resolution 4060, Appropriation Resolution for
Fiscal Year 2007-2008 with a few additional items. I would add to the resolution that we
cover the $25,700 library materials' budget increase; that starting in December we pay the
full-time equivalent for maintenance ($30,000); that we set aside and appropriate $20,000
to pay to the ALTA Group in its research and surveying and preliminary data gathering
for the Safe Routes to Schools involving our school district, particularly elementary
schools; and include the estimated amount for surveying so that we can eventually re-plat
our parks and designate them as parks. The Amendment removed the $20,000 from the
General Fund and authorized this expenditure from the Special Projects Fund/Valley Unit
Fund.
Those voting Aye being Crs. Kirchhoff, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
2:14:18 Mayor Krauss
Mayor Krauss declared a 15 minute break.
2:14:22 Break
2:36:32 2. Resolution No. 4061, Setting Mill Levies for Fiscal Year 2007-2008
(Rosenberry)
2:37:00 Ms. Rosenberry
Ms. Rosenberry presented the staff report.
2:37:15 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:37:37 Motion and Vote to approve Commission Resolution 4061, Setting the Mill Levies
for Fiscal Year 2007-2008.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Commission Resolution
4061, Setting the Mill Levies for Fiscal Year 2007-2008.
Those voting Aye being Crs. Rupp, Kirchhoff, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
2:37:57 3. CFT Office Building Conditional Use Permit #Z-07017 (Knight)
2:38:19 Martin Knight, Planner
Mr. Knight presented the staff report.
2:44:25 James Nickelson, Applicant
Mr. Nickelson, is with Morrison-Maierle, representing K.C. Tolliver and the CFT Limited Group
tonight. He requested the removal of the condition as he understood it (the extension of
Opportunity Way, due east from where it is right now, half on the applicant's property and half
on the adjacent property to the south) due to the list of conflicts since it doesn't seem possible.
The applicant suggested an alternative to the condition, but wanted direction from the
Commission on how to proceed.
2:51:00 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:56:03 Cr. Kirchhoff
Cr. Kirchhoff stated that the drawing (presented by James Nickelson) seems to satisfy the
condition.
2:57:49 Mayor Krauss
Mayor Krauss asked Mr. Nickelson if the right-of-way is completely on Allison Subdivision as it
extends east (as shown in the drawing).
2:58:00 Mr. Nickelson
Mr. Nickelson stated that it (the right-of-way) is completely on it.
3:00:49 Cr. Kirchhoff
Cr. Kirchhoff clarified that the request could be to remove some of the wording rather than
approving or denying the entire condition. He suggested removing the words: "and the owners of
the Allison Subdivision." The rest of the condition could remain: "An acceptable connection of
Opportunity Way must be worked out with the City Engineer prior to Final Site Plan approval."
3:10:25 Mr. Epple
Mr. Epple suggested that next week staff bring a map of the Allison Preliminary Plat, and he
asked if the Commission wants to hold off on making a decision.
3:11:34 Mr. Nickelson
Mr. Nickelson stated that he is available next week.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
3:13:36 Cr. Rupp
Cr. Rupp thought that the best procedure would be to continue this discussion to a set time and
have Andy Epple visit more with the applicant.
3:15:58 Motion and Vote to open and continue (CFT Office Building Conditional Use
Permit #Z-07017) until next week (September 4, 2007) just from this part of the
conversation forward.
It was moved by Cr. Becker, seconded by Cr. Rupp, to open and continue (CFT Office
Building Conditional Use Permit #Z-07017) until next week (September 4, 2007) just from
this part of the conversation forward.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
3:16:29 4. Final Adoption of Ordinance No. 1714, Providing for the Repayment to the
City of Impact Fees Deferred under the Workforce Housing Program (Brey/Saunders)
3:16:39 Ron Brey, Assistant City Manager
Mr. Brey presented the staff report.
3:17:31 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
3:17:51 Motion that we approve Ordinance No. 1714, but I am going to amend it in two
areas.
It was moved by Cr. Rupp, seconded by Cr. Becker, that we approve Ordinance No. 1714,
but I am going to amend it in two areas. In the title, I am going to strike in the sentence
with "DEFERRED UNDER THE WORKFORCE HOUSING PROGRAM." delete "AT
THE RATE OF 10% PER YEAR UNTIL THE OBLIGATION IS RETIRED." In Cost
Offsets under number 3 (a), I would like to strike "Deferred impact fees shall be paid to the
City at the rate of 10% per year . . . " and add in its place that "After 10 years of
unchanged ownership, all deferred impact fees shall be paid to the City whenever the
property is refinanced, sold, or changes ownership."
3:22:01 Mr. Brey
Mr. Brey said that the same owner has to have it for ten years before it leaves the program (that's
what defines leaving the program). Once an owner has had it for ten years (it could be the first or
the fifth owner), only when they choose to execute some kind of transaction involving that
market value property are the impact fees owed. This is the closest option we could find to a full
waiver, the recommendation of the task force.
3:25:28 Vote that we approve Ordinance No. 1714, but I am going to amend it in two areas.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
[It was moved by Cr. Rupp, seconded by Cr. Becker, that we approve Ordinance No. 1714,
but I am going to amend it in two areas. In the title, I am going to strike in the sentence
with "DEFERRED UNDER THE WORKFORCE HOUSING PROGRAM." delete "AT
THE RATE OF 10% PER YEAR UNTIL THE OBLIGATION IS RETIRED." In Cost
Offsets under number 3 (a), I would like to strike "Deferred impact fees shall be paid to the
City at the rate of 10% per year . . . " and add in its place that "After 10 years of
unchanged ownership, all deferred impact fees shall be paid to the City whenever the
property is refinanced, sold, or changes ownership."]
Those voting Aye being Crs. Rupp, Becker, and Mayor Krauss.
Those voting No being Cr. Kirchhoff.
The motion carried 3-1.
Revised Title:
ORDINANCE NO. 1714
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY AMENDING SUBSECTION A.3. OF SECTION 17.02.060 TO PROVIDE FOR THE
REPAYMENT TO THE CITY OF IMPACT FEES DEFERRED UNDER THE
WORKFORCE HOUSING PROGRAM.
Revised Section 1, 17.02.060 Cost Offsets, A. 3. a.:
a. After 10 years of unchanged ownership, all deferred impact fees shall be paid to the City
whenever the property is refinanced, sold, or changes ownership.
3:25:37 5. Madill Impact Fee Credit Request IFCR-0701, opened and continued from
August 20, 2007 (Saunders)
3:25:39 Motion to continue the Madill Impact Fee Request for another week (September 4,
2007).
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to continue the Madill Impact Fee
Request for another week (September 4, 2007).
3:25:53 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
3:26:06 Vote to continue the Madill Impact Fee Request for another week (September 4,
2007).
[It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to continue the Madill Impact
Fee Request for another week (September 4, 2007).]
Those voting Aye being Crs. Kirchhoff, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
The motion carried 4-0.
3:26:13 H. FYI/Discussion
3:26:15 1. ECP/City of Great Falls Electric Power Presentation and Draft Contract
(Kukulski)
3:27:47 Public Comment opened.
Mayor Krauss opened public comment.
3:28:00 Mark Johnson - Public Comment
Mr. Johnson resides at 107 Northwestern Drive. He wanted to make sure the Commission had
the written information from Bob Rainey, who gave a presentation in Missoula.
3:28:32 Public Comment closed.
Mayor Krauss closed public comment.
3:28:41 No to Power Presentation
Cr. Kirchhoff and Cr. Becker said no to hearing a presentation about Great Falls Electric Power.
3:28:54 Cr. Rupp
Cr. Rupp said he isn't up to speed on this item.
3:29:51 No to Power Presentation
Mayor Krauss said no to hearing the presentation.
3:37:08 Debbie Arkell, Director of Public Service
Ms. Arkell handed out a memo regarding the US Forest Service Bozeman Municipal Watershed
Project. She said the USFS's draft Environmental Impact Statement will be released this Friday;
that will give 60 days for final public comment, and they will then make a final decision.
3:38:09 Yes to USFS Briefing
Mayor Krauss said he wanted a USFS briefing, and Crs. Becker, Kirchhoff, and Rupp agreed to a
briefing.
3:38:39 Cynthia Jordan Delaney, Deputy City Clerk
Ms. Delaney reminded the Commission that the next meeting is on Tuesday, September 4 due to
Labor Day.
3:38:58 Cr. Becker
Cr. Becker wants the Commission to find another liaison with the USFS on the Watershed and
the Use Plan that the other Commissioners can hear.
3:40:58 I. Adjournment
Mayor Krauss adjourned the meeting.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Cynthia Jordan Delaney, Deputy City Clerk
Approved on ___________________________.
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