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HomeMy WebLinkAbout12-17-07_November 19, 2007222222222222222222222222222222_6LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 19, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, November 19, 2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Kaaren Jacobson, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Sean Becker, Assistant City Manager Ron Brey, Planning Director Andy Epple, Assistant Planning Director Chris Saunders, Assistant City Attorney Tim Cooper, Fire Chief Chuck Winn, and Deputy City Clerk Cynthia Jordan Delaney. 0:12:42 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Krauss called the meeting to order. 0:12:44 B. Pledge of Allegiance and a Moment of Silence 0:13:48 Changes to the Agenda - Ron Brey, Assistant City Manager Mr. Brey stated that item C. Work Session [1. Parks, Recreation, Open Space and Trails (PROST Plan (Sanford)] will move to right after the Action items before FYI. 0:14:11 D. Public Service Announcement 0:14:15 1. Public Safety Mill Levies - Thank You to Voters (Winn/McLane) 0:14:25 Lt. Rich McLane Lt. McLane asked the public to take proper caution on icy roads and drive safely. On behalf of the Police Dept., he thanked the citizens who took the time to vote. He said that the Police Dept. is grateful that the Police Staffing Public Mill Levy passed, and it is time to give back to the community and hire police officers. 0:17:25 Chief Chuck Winn Mr. Winn stated that he is extremely appreciative of the public support as evidenced by its vote on the Fire Dept. Mill Levy. He said that they will follow through on every commitment to build and staff Fire Station #3, reduce response times, and provide additional resources at emergencies. 0:18:54 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign Contract Amendment Number 1 to the Professional Services Agreement with Renewable Technologies Incorporated, for the Bozeman Historical and Architectural Inventory Update (Bristor) 3. Authorize City Manager to sign The Links Condominiums Public Access 37 Linked Minutes of the Bozeman City Commission Meeting, November 19, 2007 Easement for a Roadway, and the Sewer and Water Pipeline and Access Easement Agreement (Johnson) 4. Authorize Mayor to sign the Findings of Fact and Order for the Preliminary Plat of West Winds Planned Unit Development Phases 4-8 Major Subdivision #P- 07028 (Windemaker) 5. Authorize Merit Pay Increase for City Manager (Kukulski) 6. Approve Monthly Building Report for October 2007 (Doerksen) 7. Approve Depository Bonds and Pledged Securities as of June 30, 2007 (Clark) 8. Approve Depository Bonds and Pledged Securities as of September 30, 2007 (Clark) 9. Award bid for one new Asphalt Milling Machine to Asphalt Zipper Incorporated (Van Delinder) 10. Provisionally adopt Ordinance 1732, Allison Zone Map Amendment #Z- 06205 (Windemaker) 0:18:59 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:19:16 Motion and Vote to approve Consent items 1-10. It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Consent items 1-10. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 0:19:28 F. Public Comment Mayor Krauss opened public comment. 0:20:02 Phyllis Bock - Public Comment Ms. Bock resides at 1615 South Black #108. She is here on behalf of the Bozeman Peace Seekers and a broad coalition of groups that have been signing a petition. They ask the Commission to adopt a resolution to end the war in Iraq. She said that a similar resolution was recently adopted in Butte and Hamilton, and it was on the ballot as an initiative in Missoula and Helena. 0:21:14 Mara O'Neil - Public Comment Ms. O'Neil resides at 6877 Fowler Lane. She is here on behalf of the new group Gallop, the Gallatin Equestrian Partnership. Its goals are to advocate, educate, and unite to promote the acquisition and development of an equestrian park and trails in the Gallatin Valley. She asked the Commission to direct the Recreation and Parks Board and Planning Dept. to work with Gallop to create a network of trails, or at least to meet with them to discuss the PROST Plan. 0:22:35 Public Comment closed. Mayor Krauss closed public comment. 0:22:44 G. Special Presentation 38 Linked Minutes of the Bozeman City Commission Meeting, November 19, 2007 0:22:49 1. Swearing-In Ceremony for new City of Bozeman Fire Fighters (Winn) 0:22:52 Mayor Krauss and Firefighters Five new Bozeman firefighters were sworn in by Mayor Krauss. 0:27:16 H. Action Items 0:27:20 1. Professional Services Agreement for Planning Services for a Law Enforcement Impact Fee Study (Saunders) 0:27:35 Chris Saunders, Assistant Planning Director Mr. Saunders presented the staff report. 0:29:10 Mayor Pro Tem Jacobson Mayor Krauss left the room, and Mayor Pro Tem Jacobson assumed the leadership role. 0:29:26 Public Comment opened. Mayor Pro Tem Jacobson opened public comment. 0:29:37 Elizabeth Bird - Public Comment Ms. Bird, a member of the Bicycle Advisory Board, stated that the board thinks it's important for property values to have beautiful and functional amenities that are provided for with impact fees. She speaks in favor of impact fees used for bicycle and pedestrian facilities. 0:31:44 Mayor Krauss Mayor Krauss returned to assume his leadership role. 0:42:40 Motion and Vote the City Manager is authorized to sign a Professional Services Agreement with Tindale-Oliver and Associates for a Law Enforcement Impact Fee Study. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, the City Manager is authorized to sign a Professional Services Agreement with Tindale-Oliver and Associates for a Law Enforcement Impact Fee Study. Those voting Aye being Crs. Kirchhoff, Jacobson, and Becker. Those voting No being Cr. Rupp and Mayor Krauss. The motion carried 3-2. 0:43:08 2. Reconsideration of a previous application to Vacate a portion of East Lamme Street (Kerr) 0:43:30 Andrew Kerr, Engineering Assistant Mr. Kerr presented the staff report. 0:45:51 Paul Bockus, Applicant 39 Linked Minutes of the Bozeman City Commission Meeting, November 19, 2007 Mr. Bockus resides at 202 North Broadway, and he is the applicant. On November 5, he submitted a document during public comment listing why he wanted the Commission to consider this motion and how the street vacation will benefit the City. He is willing to incur any expenses to have this put back into the public hearing process. 0:47:05 Public Comment opened. Mayor Krauss opened public comment. 0:47:11 Brian Caldwell - Public Comment Mr. Caldwell resides at 733 South Tracy. He stated that his office represents Larry Pearson in the redevelopment of the wedge-shaped property to the south of this right-of-way. They support Mr. Bockus' application, and he gave reasons why it is important that this street vacation occurs. 0:49:01 Public Comment closed. Mayor Krauss closed public comment. 0:50:21 Motion we reconsider a previous application to vacate a portion of East Lamme Street. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, we reconsider a previous application to vacate a portion of East Lamme Street. 0:50:28 Mayor Krauss Mayor Krauss said he is ambivalent about taking that motion. He thinks a reconsideration has to come from the majority. 0:50:55 Tim Cooper, Assistant City Attorney Mr. Cooper stated that it is his understanding that this is a reconsideration, although it is not being done at the same meeting. That itself will trigger the requirement that it be made by a member of the majority from the last vote. The majority at the last vote was Mayor Krauss, Cr. Becker, and Cr. Rupp. 0:51:18 Motion ruled out of order. Mayor Krauss stated that he rules Cr. Kirchhoff's motion out of order, without any prejudice. 0:51:43 Mayor Krauss Mayor Krauss asked if there is a motion to reconsider from any of the three members of the majority, and he stated that the second can come from any member of the Commission. 0:51:57 Cr. Rupp Cr. Rupp stated a motion will not come from him. 0:51:59 Cr. Becker Cr. Becker stated a motion will not come from him; he didn't hear anything that would support a reconsideration. 40 Linked Minutes of the Bozeman City Commission Meeting, November 19, 2007 0:52:04 Mayor Krauss Mayor Krauss stated that he can't make a motion unless he hands over the gavel, and he wouldn't anyway. He stated that the answer is they are not reconsidering at this time. 0:52:22 3. Appointment to the Community Affordable Housing Advisory Board (CAHAB) (Delaney) 0:52:37 Cynthia Jordan Delaney, Deputy City Clerk Ms. Delaney stated that the Executive Director of Habitat for Humanity would like to be appointed to the CAHAB vacancy for "a representative from a recognized non-profit affordable housing development organization." 0:53:57 Motion that we appoint Jennifer Frank to the Community Affordable Housing Advisory Board. It was moved by Cr. Jacobson, seconded by Cr. Becker, that we appoint Jennifer Frank to the Community Affordable Housing Advisory Board. 0:54:04 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:54:15 Vote that we appoint Jennifer Frank to the Community Affordable Housing Advisory Board. [It was moved by Cr. Jacobson, seconded by Cr. Becker, that we appoint Jennifer Frank to the Community Affordable Housing Advisory Board.] Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff, Mayor Krauss. Those voting No being none. The motion carried 5-0. 0:54:30 Mayor Krauss Mayor Krauss declared a ten minute break. 0:54:40 Break 1:10:28 Call to Order Mayor Krauss called the meeting back to order. 1:10:31 C. Work Session 1:10:38 1. Parks, Recreation, Open Space and Trails (PROST) Plan (Sanford) 1:11:11 Jody Sanford, Senior Planner Ms. Sanford presented the staff report. 41 Linked Minutes of the Bozeman City Commission Meeting, November 19, 2007 1:12:36 Public Comment Mayor Krauss opened and closed public comment. No person commented. 1:13:00 Mayor Krauss Mayor Krauss asked Ms. Sanford how to go about implementing any of this. It's a significant policy document. 1:13:41 Ms. Sanford Ms. Sanford stated that this document was prepared to provide guidance for the City moving forward as they plan for these things. She doesn't believe that the adoption of the plan obligates the Commission to do anything. It is more a policy document that provides recommendations for what the City could do. It was written as a facility plan to provide a basis for some larger capital projects to start competing in the budgeting process. Many of the implementation strategies are things we are already doing. 1:18:29 Mayor Krauss Mayor Krauss disagreed with the number of full-time permanent Parks' employees and doesn't think it should be in the PROST Plan. He expressed concerns that the first goal and objective is to comply with the Americans with Disabilities Act standards to the greatest extent possible. He said that there are going to be outdoor facilities the City develops that will be demanding and can't be ADA-accessible. 1:29:44 Cr. Rupp Cr. Rupp wants to go through the facilities and non-facilities recommendations, such as a park maintenance district, to revise cash-in-lieu, etc. He is interested in putting a priority on them and moving forward. 1:31:17 Ted Lange, Gallatin Valley Land Trust Mr. Lange responded to Mayor Krauss' questions about ADA trails. He stated that not every single trail can meet ADA standards because of topography. It is something to strive for in most cases. 1:32:41 Mr. Brey Mr. Brey read the federal proposed rules that identified four criteria for exemptions from strict ADA compliance. 1:36:21 Cr. Becker Cr. Becker wanted to know about the money, and he wants numbers to be provided. He is interested in pursuing a plan for a parks' maintenance district. 1:38:47 Mayor Krauss Mayor Krauss stated that he wants to change the Unified Development Ordinance so that in phased-in developments we require the provision of park land in a logical and predictable manner. 1:41:14 Cr. Jacobson 42 Linked Minutes of the Bozeman City Commission Meeting, November 19, 2007 Cr. Jacobson stated she would like to see the UDO edits earlier instead of later; move ahead with them. She is concerned because we are below national standards on everything except for two things. She would like to see the development of a long-term strategic plan for bringing these up to standard, but isn't sure about how to number the priorities. 1:52:12 Ms. Bird Ms. Bird, with the Bicycle Advisory Board, stated that bicyclists support shared use plans, but if they are not continuous down a particular street they can be dangerous. The board suggests using a cash-in-lieu mechanism to gather funds for shared use paths over time as parcels of land develop, but not develop the path until an entire section of right-of-way is available, and then have the funds available to build. 1:55:44 Cr. Rupp Cr. Rupp still wants to provide direction to staff about the list of top 10 capital facility and non- facility recommendations. 1:57:59 Cr. Rupp Cr. Rupp ranked his facility recommendations in order: the completion of Rose Park, swimming pool on west or northwest side of City, a multi-use field, tennis courts. 2:01:06 Cr. Jacobson Cr. Jacobson said that to create priorities you need criteria and rationale for doing so; she suggested a policy discussion after more staff input. 2:01:34 Mr. Brey Mr. Brey suggested that the Commission can ask staff and the advisory board to come back with these in some kind of priority order with rationale. 2:02:10 Cr. Jacobson Cr. Jacobson said that she is most interested in playgrounds to put kids first. 2:03:12 Cr. Rupp Cr. Rupp wants to keep this process moving forward. He wants to say these are the things that need to be done and what we agree with: I reviewed it. The UDO edits seem fine; let's do them. Here are my priorities; let's adopt this plan. There are very big ticket items in here such as funding through alternative mechanisms that we need to fund ASAP. 2:04:15 Ms. Sanford Ms. Sanford stated that those items in 10.11 were ranked (up until this draft) in the order they are presented. That was the recommendation of priority from the board and staff. 2:10:42 Mayor Krauss Mayor Krauss stated that the advisory board for the pet-related issues could be plucked out and started any time. He is not comfortable with the top ten list. He looks at cross-country ski facilities even though it's not on the list. 43 Linked Minutes of the Bozeman City Commission Meeting, November 19, 2007 2:14:06 Mr. Dingman Mr. Dingman liked Mr. Epple's idea to put bullets next to the items and use it as an overall guide. 2:17:59 Sue Harkin, Recreation Dept. Ms. Harkin said that those items are in there because they need a plan and direction for recreation programming, especially in fitness and nutrition. We need to do a better job and see what facilities we need and work on plans to get these facilities or we won't get them. 2:22:38 Cr. Rupp Cr. Rupp wants to direct staff to pursue a parks' maintenance district and put it forward to the voters. 2:28:38 Cr. Kirchhoff With park impact fees, a parks' maintenance district, or a parks' foundation, Cr. Kirchhoff didn't think that one would rule another out. 2:30:45 Mayor Krauss Mayor Krauss said a recreation impact fee made more sense than a park impact fee. 2:31:16 David Cook Mr. Cook, a member of the Recreation and Parks Advisory Board, stated that he has asked repeatedly for a task force or an investigative committee to get together and solve the problem of the funding of the parks. He thought informal discussions like this aren't going to get us anywhere. 2:34:54 Ms. Bird Ms. Bird stated that the Bike Board wants her to speak on behalf of the importance of the bicycle pedestrian coordinator position. 2:36:49 Cr. Becker Cr. Becker stated that in order to move forward, they need to prioritize non-facility recommendations over facility ones. 2:39:44 Ms. Sanford Ms. Sanford replied that what we were hoping is that the Commission would be comfortable enough with the document that we could move it forward and bring it back to the Commission next month, the final version with the resolution and get it adopted and use it every day. 2:40:56 Mayor Krauss Mayor Krauss would like a task force that studies the funding mechanisms, and he wants to ask the public about the Capital Improvement Plan. 2:50:32 Mr. Dingman Mr. Dingman stated that there is a class in the PROST Plan for equestrian trails. There are no formal equestrian trails in town, but as we move out there could be. 44 Linked Minutes of the Bozeman City Commission Meeting, November 19, 2007 2:51:47 Mr. Dingman Mr. Dingman stated that they would be happy to talk to the equestrian group. 2:52:20 Cr. Jacobson Cr. Jacobson wants to appoint a task force ASAP to look at the funding possibilities. She wants it to be facilitated to help move it along because we're not going to get very far with some of these capital facilities without more funds. 2:52:51 Cr. Rupp Cr. Rupp wanted to make sure that Ms. Sanford made the note to come back with the non- prioritized list of the top ten with a budget attached for what those costs are per item. 2:54:21 Work Session closed. Mayor Krauss closed the work session. 2:54:27 I. FYI/Discussion 2:54:29 1. Noise Ordinance (Cooper/Epple) 2:55:06 Mr. Epple Mr. Epple updated the Commission on where they are with the noise ordinance. 3:02:13 Mr. Epple Mr. Epple suggested that the Commission review this information, and if during their new Commission goal-setting they want to do something, they can give staff direction for the upcoming year's work program. 3:03:56 Mr. Epple Mr. Epple stated that on Wednesday they will interview three candidates for the Workforce Housing Program Administrator. 3:04:37 Ms. Delaney Ms. Delaney asked for direction about procedures for (re)appointing members to citizen advisory boards, especially with end-of-year term expirations coming up. 3:06:19 Cr. Jacobson Cr. Jacobson would like to see new applications each time, and she wants an ad in the newspaper and a public service announcement. 3:07:30 Mayor Krauss Mayor Krauss thinks it's important to put end-of-year term expirations on the website. These are all new openings; if their term has expired, they are new vacancies. He agrees with a PSA, a display ad, and notice on the website. 3:09:29 Cr. Becker Cr. Becker said that the new Commission should (re)appoint board members in January. 45 Linked Minutes of the Bozeman City Commission Meeting, November 19, 2007 3:10:13 Cr. Rupp Cr. Rupp would like to schedule a vote on the Story Mansion ASAP in December as an Action item. 3:10:48 Cr. Becker Cr. Becker said that he would be the third person willing to do the Story Mansion Action item, but he wants the packet information over a week ahead. 3:13:20 Cr. Becker Cr. Becker asked if a resolution about the withdrawal of troops from Iraq would come forward before the Commission. 3:13:36 Cr. Kirchhoff Cr. Kirchhoff said he would be in favor of at least scheduling a meeting to discuss a resolution. The group provided a resolution that was adopted word-for-word (except for the City name) by Butte-Silverbow. We could use that for the purpose of the meeting as a discussion point about what kind of a resolution we might adopt. He is in favor of providing a venue, scheduling an agenda item, and providing the opportunity for community members to come in and discuss it, and he hopes they can do that before December 17. 3:15:13 Cr. Becker Cr. Becker said he supports Cr. Kirchhoff's effort to get that done before he leaves. 3:15:21 Cr. Jacobson Cr. Jacobson gave her support (a third vote) to allow a public discussion. 3:16:34 Cr. Kirchhoff Cr. Kirchhoff stated that he believes this document here is the resolution the group would like the Commission to consider. 3:17:22 Mr. Brey Mr. Brey confirmed that staff will take a look at this resolution and make sure nothing needs to be adjusted for procedural purposes, and this will be the matter before the Commission. 3:18:00 Cr. Becker Cr. Becker said that tomorrow at 9 am the County Commission will have a hearing about their impact fees, with their Impact Fee Advisory Board recommending to implement at 30%. He wondered if any staff or Commission were going to attend since this is an important discussion. 3:27:52 Cr. Becker Cr. Becker wanted to put the link to the County's streaming internet on the City's website so that citizens can access City Commission meetings. 3:31:31 Mayor Krauss Mayor Krauss wants to change the UDO related to casinos/number of gaming machines. 46 Linked Minutes of the Bozeman City Commission Meeting, November 19, 2007 3:35:05 Mayor Krauss Mayor Krauss stated that he thinks it's time to address this casino/number of machines issue again, if they can. 3:38:19 J. 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 ___________________________. 47