HomeMy WebLinkAbout12-17-07_November 26, 2007323232323232323232323232323232_7LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 26, 2007
*****************************
The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, November 26, 2007 at 6:00 pm. Present were
Mayor Jeff Krauss, Cr. Kaaren Jacobson, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Sean Becker,
City Manager Chris Kukulski, Assistant City Manager Ron Brey, Planning Director Andy Epple,
Assistant Planning Director Chris Saunders, Finance Director Anna Rosenberry, City Attorney
Paul Luwe, Neighborhood Coordinator Brit Fontenot, Director of Public Works Debbie Arkell,
and Deputy City Clerk Cynthia Jordan Delaney.
0:13:45 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse,
311 West Main Street
Mayor Krauss called the meeting to order.
0:13:47 B. Pledge of Allegiance and a Moment of Silence
0:14:44 Changes to the Agenda - Chris Kukulski, City Manager
Mr. Kukulski stated that they received an email requesting that items E. 4 [Finally adopt
Ordinance No. 1726, Ethics (Luwe)] and E. 5 [Finally adopt Ordinance No. 1727, Rules of
Procedure (Luwe)] be pulled off the Consent agenda. For item E. 4, the request is to move that to
an Action item. For item E. 5, consider postponing that decision to another meeting because of
the heavy agenda. Under G. Special Presentation 2, [National Citizen Survey Presentation
(Kukulski)], consider putting that last on the agenda. If they run out of time, they'll postpone it.
Action item H. 1 [Provisional Adoption of Ordinance No. 1728, Amending the Bozeman
Municipal Code to provide for a New Chapter for the Neighborhood Recognition Ordinance
(Fontenot)] may need to be postponed because of the heavy agenda.
0:16:07 Mayor Krauss
Mayor Krauss stated that there are several people here for H. 1 so that will be left on the agenda.
Mayor Krauss clarified that the Action items tonight will be H. 1-4 and E. 4. Consent item E. 5
will be postponed.
0:16:41 C. Public Service Announcement
0:16:47 1. Taxes and Assessments Update (Rosenberry)
0:16:49 Anna Rosenberry, Finance Director
Ms. Rosenberry gave a friendly reminder to all property owners within the City that half of their
City assessments for street and tree maintenance and special improvement districts are due this
Friday, November 30 by 5 pm.
48
Linked Minutes of the Bozeman City Commission Meeting, November 26, 2007
0:18:06 2. Citizen Advisory Board Vacancies and End-of-Year Term Expirations
(Delaney)
0:18:20 Cynthia Jordan Delaney, Deputy City Clerk
Ms. Delaney informed the public and the Commission about end-of-year term expirations and
ongoing vacancies on the City's citizen advisory boards, and also described the new procedures
for (re)applying for those positions.
0:24:56 D. Minutes - June 18, 2007, July 2, 2007, July 9, 2007, July 12, 2007 Policy
Meeting, October 1, 2007, October 11, 2007 Policy Meeting, October 15, 2007
0:25:12 Motion and Vote to approve the Minutes of June 18, July 2, July 9, July 12,
October 1, October 11, and October 15 (2007).
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Minutes of June 18,
July 2, July 9, July 12, October 1, October 11, and October 15 (2007).
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
0:25:33 E. Consent
1. Authorize Payment of Claims (LaMeres)
2. Approve Final Plat of Baxter Meadows Planned Unit Development Phase 4A
Major Subdivision and authorize the Director of Public Service to execute the
same on behalf of the City of Bozeman. (Cooper)
3. Authorize Payment of Recovery Costs incurred by MDEQ during the period of
September 2007 for the Buttrey's Solvent Site (Luwe)
4. Finally adopt Ordinance No. 1726, Ethics (Luwe) (MOVED TO ACTION
ITEM)
5. Finally adopt Ordinance No. 1727, Rules of Procedure (Luwe) (MOVED TO
ANOTHER MEETING)
6. Finally adopt Ordinance No. 1729, Budget Administration (Rosenberry)
7. Finally adopt Ordinance No. 1733, Fixing the Salaries of the City Commissioners
and Mayor (Kukulski)
0:25:44 Public Comment
Mayor Krauss opened and closed public comment (on items E. 1-3, 6, and 7). No person
commented.
0:26:44 Motion and Vote approval of Consent items E. 1, 2, 3, and 6.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, approval of Consent items E. 1, 2, 3,
and 6.
49
Linked Minutes of the Bozeman City Commission Meeting, November 26, 2007
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
0:27:10 Motion approval of Consent item E. 7.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, approval of Consent item E. 7.
0:27:19 Cr. Rupp
Cr. Rupp wanted to read into the record his thoughts on raising their compensation. He believes
it is wrong for elected officials to be able to raise their own salaries by this vote. He removed it
from Consent because he is unable to vote for this motion.
0:28:03 Vote approval of Consent item E. 7.
[It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, approval of Consent item E. 7.]
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being Cr. Rupp.
The motion carried 4-1.
0:28:14 F. Public Comment
Mayor Krauss opened public comment.
0:28:55 Joe Gutkovsky - Public Comment
Mr. Gutkovsky resides at 304 North 18th Avenue, and he is in favor of impact fees. He stated
that the Commission is looking forward by considering impact fees, and that's good, before the
community suffers the impacts. He stated there is a great game in Gallatin Valley to make
someone else pay for your impacts. These impacts usually fall on the backs of the taxpayer and
homeowner; it is only fair to pay in advance for inevitable impacts of expansion.
0:32:03 Public Comment closed.
Mayor Krauss closed public comment.
0:32:08 G. Special Presentation
0:32:11 1. Snow Rodeo Competition Awards presentation to Larry Ruhd and Matt
Heckel (Van Delinder)
0:32:20 John Van Delinder, Street Superintendent
Mr. Van Delinder recognized outstanding employees for the City Street Dept.--Larry Ruhd, Matt
Heckel, Steve Kirk--who won awards at the Snow Rodeo in Great Falls in September.
0:33:39 H. Action Items
50
Linked Minutes of the Bozeman City Commission Meeting, November 26, 2007
0:33:46 1. Provisional Adoption of Ordinance No. 1728, Amending the Bozeman
Municipal Code to provide for a New Chapter for the Neighborhood Recognition
Ordinance (Fontenot)
0:33:53 Brit Fontenot, Neighborhood Coordinator
Mr. Fontenot presented the staff report and introduced the members of the Neighborhood
Recognition Ordinance Task Force.
0:38:20 Katherine Bird
Ms. Bird, a member of the Neighborhood Recognition Ordinance Task Force, stated that this
ordinance creates a solid form of communication and behavior between neighborhoods, the City,
and developers. She encouraged the Commission to pass the document before them.
0:40:24 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:42:55 Motion that we adopt provisionally Ordinance No. 1728, amending the Bozeman
Municipal Code to provide for a new chapter for the Neighborhood Recognition
Ordinance.
It was moved by Cr. Jacobson, seconded by Cr. Becker, that we adopt provisionally
Ordinance No. 1728, amending the Bozeman Municipal Code to provide for a new chapter
for the Neighborhood Recognition Ordinance.
0:47:45 Vote that we adopt provisionally Ordinance No. 1728, amending the Bozeman
Municipal Code to provide for a new chapter for the Neighborhood Recognition
Ordinance.
[It was moved by Cr. Jacobson, seconded by Cr. Becker, that we adopt provisionally
Ordinance No. 1728, amending the Bozeman Municipal Code to provide for a new chapter
for the Neighborhood Recognition Ordinance.]
Those voting Aye being Crs. Jacobson, Becker, Rupp, and Kirchhoff.
Those voting No being Mayor Krauss.
The motion carried 4-1.
0:48:01 2. Resolution No. 4082, Transportation Impact Fee Study Update (Saunders)
0:48:29 Chris Saunders, Assistant Planning Director
Mr. Saunders presented the staff report.
0:59:39 Anna Rosenberry, Finance Director
Ms. Rosenberry presented a staff report about funding streets.
1:08:04 Bob Wallace, Tindale-Oliver and Associates
51
Linked Minutes of the Bozeman City Commission Meeting, November 26, 2007
Mr. Wallace presented a detailed report about the figures and methodologies for creating the
Transportation Impact Fee Study Update.
2:28:15 Mayor Krauss
Mayor Krauss declared a fifteen minute break.
2:28:34 Break
2:50:19 Call to Order
Mayor Krauss called the meeting back to order.
2:50:38 Public Comment opened.
Mayor Krauss opened public comment.
2:50:53 Tim Dean - Public Comment
Mr. Dean resides at 2777 Hamilton Court. He is the Chairman of the City's Impact Fee Advisory
Committee. Referencing his November 13 letter, he asked the Commission to delay or table their
vote until they receive the recommendation of the Impact Fee Committee that should be
solidified at their meeting on November 27.
2:53:57 Shawn Cote - Public Comment
Mr. Cote, of the Southwest Montana Building Industry Association, respectfully disagrees that
the Tindale-Oliver study complies with the Montana Impact Fee Act or the settlement agreement
or judicial order. Due to methodology flaws, it is impossible to determine if the proposed fees are
accurate or inaccurate. He asks that before taking action, the Commission should request a legal
opinion from its outside counsel and grant more time. SWMBIA strongly opposes the enactment
of this study or any ordinance increasing impact fees as a result of this study’s findings.
2:56:43 Dennis Carlson - Public Comment
Mr. Carlson is the Government Affairs Director for the Gallatin Association of Realtors. GAR
hopes the Commission will consider the issues SWMBIA raised. He stated that families and
small businesses will face an avalanche of new impact fees. He believes a vote to raise impact
fees is a vote to raise taxes on those who can least afford it. He said Gallatin County has set a
precedent. Please give careful consideration to the advisory committee.
2:58:10 Public Comment closed.
Mayor Krauss closed public comment.
3:19:02 Cr. Kirchhoff
Cr. Kirchhoff stated that abandoning transportation impact fees seems outrageous. He stated that
if the City and County unlink themselves, we stop working well as a county. Since the County's
system of impact fees is broken, it is irresponsible of us to do the responsible thing because we
are stimulating that attractive alternative to move out to rural lands. We want smart growth that
pays its own way, but we lose a greater good if we are responsible. It’s his inclination to set our
impact fee for streets at zero. We are unfortunately pushed to this edge.
52
Linked Minutes of the Bozeman City Commission Meeting, November 26, 2007
3:23:57 Motion that we zero out, that we abandon transportation impact fees.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, that we zero out, that we
abandon transportation impact fees.
3:27:03 Cr. Jacobson
Cr. Jacobson stated that there is no doubt that if all the growth goes to the County, we increase
sprawl. She said that this whole thing makes her sick because the aftermath of abandoning
transportation impact fees will hit hard.
3:28:07 Mayor Krauss
Mayor Krauss said he wants to make this decision for the right reasons. He stated that this
sounds like we're giving up our standards. The City doing the wrong thing will not make this
right. Strip development along Huffine and Jackrabbit trashes the County. He is willing to go
make this argument before the County Commission.
3:32:05 Cr. Becker
Cr. Becker clarified that impact fees are not a tax; it's a fee for consumption. He stated that
impact fees improve many facets of the community. It's an investment.
3:36:07 Mr. Kukulski
Mr. Kukulski stated that this is an extremely difficult situation. By the County taking this
irresponsible action, they are saying come do business out in the County. He said that
abandoning would have immense impacts that can't even be calculated; over five years this
impact fee has raised $12 million for essential transportation infrastructure. He asked the
Commission to delay taking action, and not to take action to abandon it. He suggested that the
cities of Belgrade, Manhattan, and Bozeman should leverage the County Commission.
3:43:52 Motion to table the motion until date certain.
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to table the motion until date
certain.
3:44:13 Mayor Krauss
Mayor Krauss stated that tabling takes precedence over the motion, and it's not debatable.
3:44:33 Ms. Delaney
Ms. Delaney clarified that they will be voting on tabling the motion.
3:44:36 Cr. Kirchhoff
Cr. Kirchhoff responded that he wants to table it for a date certain.
3:44:54 Mayor Krauss
Mayor Krauss suggested tabling for two weeks.
3:45:56 Clarification of Motion
53
Linked Minutes of the Bozeman City Commission Meeting, November 26, 2007
Mayor Krauss verified that December 10 was okay with Crs. Kirchhoff and Becker.
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to table the motion until
December 10 (2007).
3:46:00 Cr. Kirchhoff
Cr. Kirchhoff asked whether he is tabling this item or the prior motion.
3:46:06 Mr. Luwe
Mr. Luwe stated that he assumes Cr. Kirchhoff is tabling this item until December 10. The
motion on the table will come back on December 10.
3:46:23 Vote to table the motion until December 10 (2007).
[It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to table the motion until
December 10 (2007).]
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
3:48:22 3. Provisional Adoption of Ordinance No. 1730, Amendments to Chapter 3.24
Impact Fees to incorporate the Transportation Impact Fee Study (Saunders)
3:48:41 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
3:48:49 Motion and Vote to table this (Provisional Adoption of Ordinance No. 1730) to
December 10 (2007).
It was moved by Cr. Rupp, seconded by Cr. Becker, to table this (Provisional Adoption of
Ordinance No. 1730) to December 10 (2007).
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
3:49:23 Mayor Krauss
Mayor Krauss declared a break.
3:49:33 Break
4:02:04 4. Cemetery Storage Building Site Plan #Z-07241 (Riley)
4:02:18 Mr. Epple
Mr. Epple presented the staff report.
54
Linked Minutes of the Bozeman City Commission Meeting, November 26, 2007
4:05:24 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
4:05:56 Motion and Vote that we approve the Cemetery Storage Building Site Plan #Z-
07241 with the conditions and code provisions as outlined in the Staff Report to be
completed only if funding and resources are made available.
It was moved by Cr. Jacobson, seconded by Cr. Becker, that we approve the Cemetery
Storage Building Site Plan #Z-07241 with the conditions and code provisions as outlined in
the Staff Report to be completed only if funding and resources are made available.
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 November 26, 2007 packet for the conditions and code
provisions.
4:06:27 Suspension of the Rules of Procedure
Mayor Krauss suspended the Rules of Procedure for 30 minutes until 10:30 pm.
4:06:44 5. Finally adopt Ordinance No. 1726, Ethics (Luwe)
4:06:57 Mr. Luwe
Mr. Luwe presented the staff report. He asked them to make a typo change to correct an error in
Section 2.01.160B: 2.01.250 should be 2.01.160.
4:14:19 Public Comment opened.
Mayor Krauss opened public comment.
4:14:34 Brian Close - Public Comment
Mr. Close resides at 1140 Cherry Drive and represents the members of the Study Commission
that wrote this charter. He stated that all four members are very concerned about the statute of
limitations provision in this charter being only six months and the immunization opinion. This
task force is willing to reconvene to work with the liaison (Mayor Krauss) and the City Attorney
to work on these issues to achieve a positive result for City employees and a check and balance
method.
4:17:56 Jim Walseth - Public Comment
Mr. Walseth stated that he was impressed with the process to create the charter. He advised that
where the Ethics Board is concerned, be cautious to make changes to what was approved by the
voters after years of work. He supports the suggestion to re-form the task force briefly to try to
create changes.
4:19:53 Mayor Krauss
55
Linked Minutes of the Bozeman City Commission Meeting, November 26, 2007
Mayor Krauss clarified that they are not actually changing the charter. What the charter says is
that the City Commission needs to create an Ethics Board and an Ethics Ordinance.
4:20:32 Cr. Jacobson
Cr. Jacobson doesn't think this ordinance is creating an independent Board of Ethics, and she
wants the Ethics Board have separate counsel apart from the City Attorney (on a case by case
basis). Also, she suggests changing the statute of limitations to two years because six months
isn't adequate. The immunity is also a way to completely go around the Ethics Board. She
recommends that the Study Commission look at this again.
4:35:40 Suspension of Rules of Procedure
Mayor Krauss suspended the Rules of Procedure for an additional 15 minutes.
4:38:00 Mayor Krauss
Mayor Krauss stated that he doesn't think it is unethical to act on advice from the City Attorney.
4:44:49 Motion to finally adopt Ordinance 1726.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to finally adopt Ordinance 1726.
4:45:06 Clarification of Motion
Crs. Rupp and Kirchhoff agreed to the inclusion of changing the typo.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to finally adopt Ordinance 1726
and change the typo.
4:45:12 Amendment to Motion
It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, that we change the statute of
limitations to two years.
4:45:30 Mr. Luwe
Mr. Luwe stated that he recommends one year based on state statute.
4:45:57 Friendly Amendment to Cr. Jacobson’s Amendment
Cr. Jacobson made a friendly amendment to amend the statute of limitations to one year, and that
was seconded by Cr. Kirchhoff.
It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, that we change the statute of
limitations to one year.
4:46:24 Vote on Amendment
It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, that we change the statute of
limitations to one year.
56
Linked Minutes of the Bozeman City Commission Meeting, November 26, 2007
Those voting Aye being Crs. Jacobson, Becker, Kirchhoff, and Mayor Krauss.
Those voting No being Cr. Rupp.
The motion carried 4-1.
4:47:34 Vote to finally adopt Ordinance 1726 and change the typo.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to finally adopt Ordinance 1726
and change the typo.
Those voting Aye being Crs. Rupp, Kirchhoff, Becker, and Mayor Krauss.
Those voting No being Cr. Jacobson.
The motion carried 4-1.
4:47:54 I. FYI/Discussion
4:48:09 Mr. Kukulski
Mr. Kukulski clarified the meeting dates for particular items: the Story Mansion and street
impact fees on December 10, bus shelters on December 17, and red light traffic cameras on
December 13.
4:49:55 Ms. Delaney
Ms. Delaney stated that Story Mill will be on December 3.
4:51:15 Cr. Rupp
Cr. Rupp wanted the Iraq Resolution on December 17, and Mayor Krauss agreed.
4:52:38 Debbie Arkell, Director of Public Works
Ms. Arkell checked about scheduling the curbside recycling business plan on December 10;
Mayor Krauss said to move it to January.
4:53:53 Mr. Kukulski
Mr. Kukulski said that the first meeting in January will be the swearing in, and in the past they
do Consent items and that is it.
4:54:28 Ms. Delaney
Ms. Delaney asked about scheduling Consent #5: Ordinance No. 1727, Rules of Procedure;
Mayor Krauss said that will be an Action item on December 3. For the Citizen Survey, Mr.
Kukulski said it will be at the end of the December 3 agenda after Story Mill.
4:55:04 Cr. Rupp wanted to know about the language change about "the Mayor with the consent
of two Commissioners."
4:55:11 Mayor Krauss
Mayor Krauss said it says "shall seek the consent." If you don't give the Mayor consent, she can
still appoint.
57
Linked Minutes of the Bozeman City Commission Meeting, November 26, 2007
4:55:31 Cr. Jacobson
Cr. Jacobson asked about meeting at 7 pm instead of 6 pm on January 7.
4:56:04 Mayor Krauss
Mayor Krauss said there needs to be consistency, so usual time, usual place.
4:57:06 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 ___________________________.
58