HomeMy WebLinkAbout12-17-07_September 10, 2007222222222222222222222222222222_3LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 10, 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, September 10, 2007 at 6:00 pm. Present were
Mayor Jeff Krauss, Cr. Kaaren Jacobson, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff,
City Manager Chris Kukulski, Planning Director Andy Epple, Director of Public Works Debbie
Arkell, City Attorney Paul Luwe, and Acting City Clerk Cynthia Jordan Delaney.
0:09:42 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse,
311 West Main Street
Mayor Krauss called the meeting to order.
0:09:44 B. Pledge of Allegiance and a Moment of Silence
0:10:50 C. Public Service Announcement - Crosswalk Safety (McLane)
0:11:12 Lt. Rich McLane
Lt. McLane gave a public service announcement about crosswalk and pedestrian safety.
0:15:16 Mayors' Climate Protection Agreement Task Force Vacancy (Delaney)
0:15:24 Cynthia Jordan Delaney, Acting City Clerk
Ms. Delaney stated that there is one vacancy on the Mayors' Climate Protection Agreement Task
Force.
0:16:58 Debbie Arkell, Director of Public Works
Ms. Arkell reminded the public of the detours on Highland Boulevard.
0:20:05 D. Authorize the Absence of Cr. Becker
0:20:18 Motion and Vote to authorize the absence of Cr. Becker.
It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, to authorize the absence of Cr.
Becker.
Those voting Aye being Crs. Kirchhoff, Rupp, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:20:52 E. Consent
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Linked Minutes of the Bozeman City Commission Meeting, September 10, 2007
1. Authorize Payment of Claims (LaMeres)
2. Approve Resolution No. 4068, Kagy Gardens Annexation #A-06008 (Bristor)
3. Provisionally adopt Ordinance No. 1720, Kagy Gardens II Zone Map Amendment
#Z-07013 (Bristor)
4. Approve Resolution No. 4065, Revising the Fee Schedule for Miscellaneous
Services provided to the Public by the City's Water and Sewer Operations
Division (Arkell)
0:20:59 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:21:12 Motion and Vote to approve of Consent items E.1-4.
It was moved by Cr. Rupp, seconded by Cr. Jacobson, to approve of Consent items E.1-4.
Those voting Aye being Crs. Rupp, Jacobson, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:21:28 F. Public Comment
Mayor Krauss opened public comment.
0:22:00 Josh Kellar - Public Comment
Mr. Kellar is the coordinator of the Northern Rocky Mountain RC & D here in Bozeman. Since
their board has received considerable public input, the board decided it would like to take more
time to re-evaluate this mobile home survey project's goals with ABC before going forward with
this request. They are very supportive of ABC's mission but want to take a more careful
approach.
0:23:07 Mayor Krauss
Mayor Krauss asked Mr. Kellar if they are withholding their offer to administer this.
0:23:19 Mr. Kellar
Mr. Kellar answered yes, and stated that the board didn't ratify the decision to move forward
with that contract at this time.
0:23:45 Lucia Stewart - Public Comment
Ms. Stewart, who resides at 211 North Wallace, is here as the Bozeman editor of newwest.net.
She personally invited the Commissioners to the Gallatin Valley Speakers Series on Wednesday,
September 12. The first topic will be "Shaping the Future of the Valley: Our Growing
Challenge."
0:25:39 Public Comment closed.
Mayor Krauss closed public comment.
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Linked Minutes of the Bozeman City Commission Meeting, September 10, 2007
0:25:50 G. Special Presentation - US Forest Service Bozeman Municipal Watershed
Project
0:26:29 Jose Castro, US Forest Service
Mr. Castro, the District Ranger on the Gallatin National Forest in Bozeman, described the
benefits of this project, and stated that the draft Environmental Impact Statement is open for
public comment until October 31, 2007. He showed maps and shared the preferred alternative #5
action proposed in the draft EIS. He invited the Commissioners to an open house on September
25 and a field tour on October 2. Their goal is to release a final decision this winter.
0:36:42 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:38:25 H. Action Items
0:38:39 1. Breaking of the 2-2 Tie Vote on Cr. Kirchhoff's Motion to approve Aspen
Park Major Subdivision Preliminary Plat with conditions in the Planning Board Resolution
and the addition of a new condition prepared by the applicant's representative and the
Middle Creek Ditch Company (condition 39) (Skelton)
0:39:01 Cr. Jacobson's Vote
Cr. Jacobson stated that she is prepared to vote: she viewed the DVD, talked with numerous
people, and read all of the materials. She stated what she liked about this subdivision and what
could be done differently, and then she voted no.
September 4, 2007 Motion and Vote:
[It was moved by Cr. Kirchhoff, seconded by Cr. Becker, we approve Aspen Park Major
Subdivision Preliminary Plat with conditions in the Planning Board Resolution and addition of a
new condition prepared by applicant's representative and the Middle Creek Ditch Company
(condition 39).
Those voting Aye being Cr. Becker and Mayor Krauss.
Those voting No being Crs. Kirchhoff and Rupp.
The motion tied 2-2.]
Cr. Jacobson voted No.
The motion failed 2-3.
0:44:24 Cr. Kirchhoff
Cr. Kirchhoff disclosed a productive conversation that he had with Tracy Poole this morning. He
suggested substantial changes for this subdivision to pass: front the homes that are on 19th onto
that arterial and then include a 20 foot alley behind them at the rear for alley access to garages
and then another row of lots. To address the parking problem, take a street like Brookdale Drive
or Volmer Street, and those streets should pass through 18th and proceed moving toward 19th at
least to the alley for alley access, or go further to 19th into a cul-de-sac or hammerhead for extra
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Linked Minutes of the Bozeman City Commission Meeting, September 10, 2007
parking. That will also undo the super-long block problem. If you move east-west streets through
18th to 19th, you reduce block length.
0:50:03 Paul Luwe, City Attorney
Mr. Luwe stated that if Cr. Kirchhoff's suggestions will be a motion and appear to require more
requirements, the applicant will need time to respond.
0:50:44 Cr. Rupp
Cr. Rupp stated for the record that he had a meeting with the applicant. He supports the intent of
the motion, but would like to have the applicant come back after time to consider the
Commission’s ideas.
0:52:31 Dave Skelton, Senior Planner
Mr. Skelton stated for the record that the applicant has already granted a 60 day extension for the
review process until today. A request to further extend would need to be granted by the
applicant.
0:53:11 Tracy Poole, Applicant
Mr. Poole stated that they would certainly grant a couple weeks' extension if the Commission
would like to continue to review this and give them a chance to work on the Commission's
concerns.
0:58:12 Mr. Luwe
Mr. Luwe offered ideas for different motions: either entertain a motion with different conditions,
or entertain a motion to continue it for another week.
0:58:40 Mayor Krauss
Mayor Krauss will entertain a motion to continue for two weeks.
0:59:31 Motion to continue this application (Aspen Park Major Subdivision Preliminary
Plat) until October 1, 2007.
It was moved by Cr. Rupp, seconded by Cr. Jacobson, to continue this application (Aspen
Park Major Subdivision Preliminary Plat) until October 1, 2007.
0:59:51 Mr. Luwe
Mr. Luwe noted for the record that the applicants' extension for the subdivision time frame
extends through October 1, 2007.
0:59:58 Mayor Krauss
Mayor Krauss added to the record that the applicant requested that extension, and the applicant
will need to do some work before then.
1:00:21 Vote to continue this application (Aspen Park Major Subdivision Preliminary Plat)
until October 1, 2007.
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Linked Minutes of the Bozeman City Commission Meeting, September 10, 2007
[It was moved by Cr. Rupp, seconded by Cr. Jacobson, to continue this application (Aspen
Park Major Subdivision Preliminary Plat) until October 1, 2007.]
Those voting Aye being Crs. Rupp, Jacobson, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
1:00:28 2. Breaking of the 2-2 Tie Vote on Cr. Rupp's Motion to approve the request of
$14,000 to the Northern Rocky Mountain Resource Conservation and Development Area,
Inc. to conduct a mobile home survey in and around Bozeman (Lucy Pope, Alliance for
Building Communities, and Josh Kellar, Coordinator, Northern Rocky Mountain RC&D
Area, Inc.)
1:01:00 Cr. Jacobson
Cr. Jacobson had been planning on voting Aye because of the potential of losing low-income
housing. Under the circumstances, she is proposing to vote No and then ask for reconsideration
and then ask this to be tabled until such time that RC & D and ABC have a firm contract to bring
back to the Commission.
1:02:42 Cr. Jacobson's Vote
September 4, 2007 Motion and Vote:
[It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that we approve the request of $14,000
to the Northern Rocky Northern Rocky RC & D to conduct a mobile home survey in and around
Bozeman.
Those voting Aye being Crs. Rupp and Kirchhoff.
Those voting No being Cr. Becker and Mayor Krauss.
The motion tied 2-2.]
Cr. Jacobson voted No.
The motion failed 2-3.
1:02:54 Motion and Vote to reconsider (the request of $14,000 for a mobile home survey).
It was moved by Cr. Jacobson, seconded by Cr. Rupp, to reconsider (the request of $14,000
for a mobile home survey).
Those voting Aye being Crs. Jacobson, Rupp, and Kirchhoff.
Those voting No being Mayor Krauss.
The motion carried 3-1.
1:03:42 Motion and Vote that we table the motion.
It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, that we table the motion.
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Linked Minutes of the Bozeman City Commission Meeting, September 10, 2007
Those voting Aye being Cr. Jacobson, Kirchhoff, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
1:04:05 Mayor Krauss
Mayor Krauss stated that the motion is tabled indefinitely, until they have a motion to remove it
from the table and put it on a future agenda.
1:04:33 3. Street Impact Fee Study Update Public Hearing, open and continue to
November 26, 2007 (Saunders)
1:04:51 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
1:05:04 Motion and Vote to continue (Street Impact Fee Study Update Public Hearing)
until November 26 (2007).
It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, to continue (Street Impact Fee
Study Update Public Hearing) until November 26 (2007).
Those voting Aye being Crs. Kirchhoff, Rupp, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
1:05:16 4. City of Bozeman Mandeville Industrial Park Major Subdivision Pre-
application #P-07026, opened and continued from August 20, 2007 (Epple)
1:05:26 Andy Epple, Planning Director
Mr. Epple presented the staff report.
1:13:06 Cr. Kirchhoff
Cr. Kirchhoff stated that there should be a refuge with picnic tables and benches for people to
take breaks and have pedestrian access.
1:16:30 Terry Threlkeld, Applicant
Mr. Threlkeld works with Great West Engineering. He showed photos and drawings of the site,
and described the project.
1:34:38 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
1:35:01 Mayor Krauss
Mayor Krauss stated that the building of the $1.8 million railroad spur track is a part of the
industrial TIF cost. The building of spur tracks is a way to bring business into the city. He
supports this.
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Linked Minutes of the Bozeman City Commission Meeting, September 10, 2007
1:39:41 Cr. Jacobson
Cr. Jacobson thinks it is a good idea for the City to put its name on a future lot for a fire station.
1:47:50 Mayor Krauss
Mayor Krauss declared a break.
1:47:54 Break
2:07:45 5. Resolution No. 4067, Amending the Fee Schedule for the Review of Zoning,
Subdivision, Annexation and Growth Policy Proposals (Epple)
2:08:01 Mr. Epple
Mr. Epple presented the staff report, and he requested an immediate effective date.
2:14:46 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:14:56 Motion and Vote approve of Resolution 4067, with an effective date as soon as
possible, immediately.
It was moved by Cr. Rupp, seconded by Cr. Jacobson, approve of Resolution 4067, with an
effective date as soon as possible, immediately.
Those voting Aye being Crs. Rupp, Jacobson, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
2:15:25 6. Resolution No. 4066, Final Creation of Special Improvement Lighting
District #703, Loyal Garden Subdivision Phases 1A & 1B (Rosenberry)
2:15:36 Mr. Kukulski
Mr. Kukulski presented the staff report about a new plan for the Special Improvement Lighting
Districts.
2:16:52 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:17:04 Motion and Vote that we approve Resolution 4066/SILD #703, Loyal Garden
Subdivision Phases 1A & 1B.
It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, that we approve Resolution
4066/SILD #703, Loyal Garden Subdivision Phases 1A & 1B.
Those voting Aye being Crs. Jacobson, Kirchhoff, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
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Linked Minutes of the Bozeman City Commission Meeting, September 10, 2007
2:17:29 7. Appointments to the Downtown Bozeman Improvement District Board
(IDB/TIF) (Delaney)
2:17:39 Mayor Krauss
Mayor Krauss considers appointing with the consent of the Commission: Peter Bertelsen to the
voting position and Thail Davis to the non-voting position.
2:17:58 Motion and Vote we appoint those people you just mentioned (Peter Bertelsen to
the voting position and Thail Davis to the non-voting position).
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, we appoint those people you
just mentioned (Peter Bertelsen to the voting position and Thail Davis to the non-voting
position).
Those voting Aye being Crs. Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being Cr. Rupp.
The motion carried 3-1.
2:18:58 8. Official Appointment of Cr. Kaaren Jacobson to the City Planning Board
(Delaney)
2:19:13 Cr. Kirchhoff
Cr. Kirchhoff stated that he and Cr. Jacobson switched boards and then didn't go through the
proper channels.
2:20:14 Ms. Delaney
Ms. Delaney responded to Mayor Krauss that after meeting with Rep. JP Pomnichowski and
Robin Sullivan, it was determined that the current ordinance will stagger Planning Board terms
beginning with the new terms after January 31, 2008.
2:20:51 Mayor Krauss
Mayor Krauss asked Ms. Delaney to bring that ordinance to the Commissioners.
2:21:28 Motion and Vote to officially appoint Kaaren Jacobson to be the member of the
City Planning Board from the Commission.
It was moved by Cr. Rupp, seconded by Cr. Jacobson, to officially appoint Kaaren
Jacobson to be the member of the City Planning Board from the Commission.
Those voting Aye being Crs. Rupp, Jacobson, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
2:22:31 Motion and Vote I ratify all my votes (to ratify all the votes cast by Cr. Jacobson in
her capacity as a voting member of the City Planning Board).
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Linked Minutes of the Bozeman City Commission Meeting, September 10, 2007
It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, I ratify all my votes (to ratify all
the votes cast by Cr. Jacobson in her capacity as a voting member of the City Planning
Board).
Those voting Aye being Crs. Jacobson, Kirchhoff, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
2:22:55 I. FYI/Discussion
2:23:00 Mayor Krauss
Mayor Krauss expressed his concern that it has been almost a year since the mill levy was passed
for the 911 facility. He said that we seem to have dropped the ball.
2:23:54 Mr. Kukulski
Mr. Kukulski clarified that the 911 facility's construction is the County's responsibility; it is not
the City's responsibility to break ground. The City wants to partner in every way possible to
jointly build it with Fire Station #3. We need to move that ahead immediately. He wants to see
the County Commissioners take formal action to designate the footprint on the land so the
architects can get to work.
2:26:09 Mayor Krauss
Mayor Krauss wants this on the agenda and steps to be taken as soon as possible.
2:29:04 Cr. Kirchhoff
Cr. Kirchhoff asked for an explanation about those camera-looking devices on the lights on Main
Street.
2:29:31 Mr. Kukulski
Mr. Kukulski stated that is the equipment necessary for the Fire Dept. to change the lights when
coming down the road.
2:32:21 Mr. Kukulski
Mr. Kukulski mentioned that the traffic camera discussion will be coming up on a future agenda,
and the request for proposals is being drafted.
2:34:32 Cr. Jacobson, Cr. Kirchhoff, and Mayor Krauss
Cr. Jacobson, Cr. Kirchhoff, and Mayor Krauss agreed to cancel the September 13 policy
meeting because only three Commissioners can attend the meeting.
2:34:53 Cr. Kirchhoff
Cr. Kirchhoff stated that he can't make it to the Thursday policy meetings until 12:30 pm.
2:35:09 Mayor Krauss
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Linked Minutes of the Bozeman City Commission Meeting, September 10, 2007
Mayor Krauss stated that they can start the policy meetings at 12:30 pm, and no one else had a
problem with that change.
2:36:13 Cr. Kirchhoff
Cr. Kirchhoff would like to see the issue of lot frontage on arterials on an upcoming policy
meeting agenda.
2:37:05 Mr. Kukulski
Mr. Kukulski stated he received a letter from President Gamble clarifying that the university has
stopped fundraising for the Story Mansion. He requested that they have it on an agenda item to
clarify the funds the City has invested in the Mansion.
2:39:10 Cr. Rupp
Cr. Rupp would like to see this as a policy meeting agenda item.
2:40:07 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 ___________________________.
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