HomeMy WebLinkAbout12-17-07_September 4, 2007_2LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 4, 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 Tuesday, September 4, 2007 at 6:00 pm. Present were
Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, City Manager Chris
Kukulski, Planning Director Andy Epple, Finance Director Anna Rosenberry, Director of Public
Works Debbie Arkell, City Attorney Paul Luwe, Street/Tree Superintendent John Van Delinder,
Assistant Planning Director Chris Saunders, and Acting City Clerk Cynthia Jordan Delaney.
0:21:53 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse,
311 West Main Street
Mayor Krauss called the meeting to order.
0:21:56 B. Pledge of Allegiance and a Moment of Silence
0:22:52 Changes to the Agenda - Chris Kukulski, City Manager
Mr. Kukulski presented changes to the agenda: introducing the new City Clerk Stacy Ulmen in a
new Public Service Announcement; moving Consent item E. 15. [Authorize the Acceptance of
Asbestos-contaminated Soil at the Bozeman Landfill at a Fee of approximately $73.55/ton
(Arkell)] to the first Action item G. 1.; and moving Action item G. 7. [HRDC Road to Home
Request for $200,000 from the City of Bozeman’s Big Box Fund Affordable Housing Dollars to
provide Down Payment Assistance Loans (Tracy Menuez, HRDC)] to Action item G. 2.; and
then the other Action items will be renumbered.
0:23:51 C. Public Service Announcement - September 11 Primary Election with Mail
0:24:05 Charlotte Mills, Gallatin County Clerk and Recorder and Election Administrator
Ms. Mills updated the public on the number of ballots mailed out and returned, she shared how
the public can update their addresses, and gave mail ballot drop-off locations and schedules.
0:27:39 Public Service Announcement - New City Clerk (Kukulski)
0:27:51 Mr. Kukulski
Mr. Kukulski introduced new City Clerk Stacy Ulmen to the public and the Commissioners.
0:28:43 Public Service Announcement - Closure of Highland Boulevard for Reconstruction
(Arkell)
0:28:57 Debbie Arkell, Director of Public Works
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Linked Minutes of the Bozeman City Commission Meeting, September 4, 2007
Ms. Arkell informed the public of the closing of Highland Boulevard for reconstruction from
Holly Drive to Old Highland Boulevard starting September 10 and continuing for approximately
nine weeks. She gave alternate routes for drivers, pedestrians, and bicyclists.
0:31:17 D. Authorize the Absence of Cr. Jacobson
0:31:19 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.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:31:31 E. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign Inspection Services Agreement for the Hilltop
Tank Painting Project (Heaston)
3. Authorize City Manager to sign Agreement for Construction Inspection Services
for the Downtown Bozeman Intermodal Facility (Goehrung)
4. Authorize the Director of Public Service to execute the Legends at Bridger Creek
II Planned Unit Development Subdivision Phase I Final Plat (Cooper)
5. Authorize the Director of Public Service to execute the Cattail Lake Major
Subdivision Phases 1 & 2 Final Plat (Cooper)
6. Finally adopt Ordinance No. 1716, Annexation into the MSU Residential Parking
District to include the North Side of West Story Street between South 8th and
South 10th (Fontenot)
7. Approve Resolution No. 4062, HB Annexation #A-05002 (Windemaker) 8.
Authorize City Manager to sign Public Street Easement for Graf Street in
conjunction with HB Annexation #A-05002 (Windemaker)
9. Provisionally adopt Ordinance No. 1718, HB Zone Map Amendment #Z-05048
(Windemaker)
10. Approve Resolution No. 4063, Cattail North Annexation #A-06004 (Sanford )
11. Provisionally adopt Ordinance No. 1719, Cattail North Zone Map Amendment
#Z-06144 (Sanford)
12. Authorize City Manager to sign the Sewer Lift Station Easement and Agreement
for Cattail Lake Subdivision #P-07017 (Windemaker)
13. Authorize City Manager to sign Amendment #4 to the Professional Services
Agreement for Durston Road from 7th to 19th (Murray)
14. Authorize Payment for the Buttrey's Solvent Site Cost Recovery (Luwe)
15. Authorize the Acceptance of Asbestos-contaminated Soil at the Bozeman
Landfill at a Fee of approximately $73.55/ton (Arkell) MOVED TO ACTION
ITEM G. 1.
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Linked Minutes of the Bozeman City Commission Meeting, September 4, 2007
0:31:37 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:33:24 Motion and Vote to approve Consent items E. 1-14.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Consent items E. 1-14.
Those voting Aye being Crs. Rupp, Kirchhoff, Becker, and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:33:40 F. Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:34:15 G. Action Items
0:34:17 1. Authorize the Acceptance of Asbestos-contaminated Soil at the Bozeman
Landfill at a Fee of approximately $73.55/ton (Arkell)
0:34:35 Ms. Arkell
Ms. Arkell presented the staff report.
0:37:49 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:38:15 Motion to accept the asbestos-contaminated soil at the Bozeman landfill at a fee of
approximately $73.55 per ton.
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to accept the asbestos-
contaminated soil at the Bozeman landfill at a fee of approximately $73.55 per ton.
0:38:53 Vote to accept the asbestos-contaminated soil at the Bozeman landfill at a fee of
approximately $73.55 per ton.
[It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to accept the asbestos-
contaminated soil at the Bozeman landfill at a fee of approximately $73.55 per ton.]
Those voting Aye being Crs. Kirchhoff, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:39:00 2. HRDC Road to Home Request for $200,000 from the City of Bozeman’s Big
Box Fund Affordable Housing Dollars to provide Down Payment Assistance Loans (Tracy
Menuez, HRDC)
0:39:23 Tracy Menuez, Community Development Associate, Human Resources Development
Council, Applicant
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Linked Minutes of the Bozeman City Commission Meeting, September 4, 2007
Ms. Menuez requested $200,000 for the Down Payment Program.
0:40:16 Mayor Krauss
Mayor Krauss noted for the record that Cr. Rupp has excused himself as Executive Director of
HRDC.
0:44:22 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:44:36 Motion to fund the HRDC Road to Home Request for $200,000 from the City of
Bozeman's Big Box Fund Affordable Housing Dollars to provide Down Payment Assistance
Loans.
It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to fund the HRDC Road to Home
Request for $200,000 from the City of Bozeman's Big Box Fund Affordable Housing
Dollars to provide Down Payment Assistance Loans.
0:47:19 Vote to fund the HRDC Road to Home Request for $200,000 from the City of
Bozeman's Big Box Fund Affordable Housing Dollars to provide Down Payment Assistance
Loans.
[It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to fund the HRDC Road to Home
Request for $200,000 from the City of Bozeman's Big Box Fund Affordable Housing
Dollars to provide Down Payment Assistance Loans.]
Those voting Aye being Crs. Becker, Kirchhoff, and Mayor Krauss.
Those voting No being none.
Those abstaining being Cr. Rupp.
The motion carried 3-0.
0:47:25 3. Resolution No. 4059, Establishing a 5% Increase in the Street Maintenance
District Assessments for Fiscal Year 2008 (Rosenberry)
0:48:28 Anna Rosenberry, Finance Director
Ms. Rosenberry presented the staff report.
0:50:05 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:50:25 Motion and Vote to approve Resolution 4059.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Resolution 4059.
Those voting Aye being Crs. Rupp, Kirchhoff, Becker, 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 4, 2007
0:50:42 4. Resolution No. 4058, Establishing a 4% Increase in the Tree Maintenance
District Assessments for Fiscal Year 2008 (Rosenberry)
0:50:50 Ms. Rosenberry
Ms. Rosenberry presented the staff report.
0:52:10 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:52:23 Mayor Krauss
Mayor Krauss excused himself from voting on this item as there could be the appearance of a
conflict of interest. He agreed with Cr. Kirchhoff that he is a "tree hugger."
0:55:19 John Van Delinder, Street/Tree Superintendent
Mr. Van Delinder said that he could plant 200 new trees next year (in response to Cr. Kirchhoff's
question).
0:55:23 Cr. Kirchhoff and Mayor Krauss
Cr. Kirchhoff and Mayor Krauss said that (planting 200 new trees) sounds good.
0:55:46 Motion to approve Resolution 4058, Establishing 4% Increase in Tree
Maintenance.
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to approve Resolution 4058,
Establishing 4% Increase in Tree Maintenance.
0:57:06 Vote to approve Resolution 4058, Establishing 4% Increase in Tree Maintenance.
[It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to approve Resolution 4058,
Establishing 4% Increase in Tree Maintenance.]
Those voting Aye being Crs. Kirchhoff, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:57:15 5. CFT Office Buildng Conditional Use Permit #Z-07107, opened and continued
from August 27, 2007 (Knight)
0:57:33 Martin Knight, Planner
Mr. Knight presented the staff report. Since last week's meeting, the CFT property owner has
offered a right-of-way easement on the SW corner of Lot 1 of the CFT Subdivision that would
assist in the future extension of Opportunity Way.
0:59:32 James Nickelson, Applicant
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Linked Minutes of the Bozeman City Commission Meeting, September 4, 2007
Mr. Nickelson, with Morrison-Maierle, representing CFT Limited, showed photos and described
the obstacles with building Opportunity Way straight through.
1:03:09 Public Comment opened.
Mayor Krauss opened public comment.
1:03:21 Ray Center - Public Comment
Mr. Center, of Rocky Mountain Engineers, represents Gene Graf and the Graf family on the
Allison Subdivision. He stated that this proposal to put Discovery Way all the way through to the
two cul-de-sacs would have a significant and very negative impact on Allison Subdivision: a
diagonal street intersection, loss of ten lots, and problems for affordable lots. He doesn't see it
has any benefit and finds there's no need for this road.
1:06:41 Eugene Graf - Public Comment
Mr. Graf, with the Allison Subdivision, stated that this proposed drawing loses the lots and
creates traffic in the frontage of the homes. Throughout this whole development, they have not
wanted homes to front on busy streets. He thinks having this road behind the building is
unnecessary.
1:07:48 K. C. Tolliver - Public Comment
Mr. Tolliver, with CFT, stated that from their ownership group's standpoint, their engineers have
communicated with each other, and they're willing to do whatever is within their means to help
accommodate what the Commission decides about Opportunity Way. He feels the easement is a
testament of that, and they feel they have satisfied the condition and want it approved.
1:09:33 Public Comment closed.
Mayor Krauss closed public comment.
1:09:43 Mayor Krauss
Mayor Krauss clarified that the issue is whether to remove the condition, or accept the drawing
and the dedication of the quadrilateral right-of-way as facilitating the eventual extension of
Opportunity as required in the previous approval of Allison Subdivision.
1:13:44 Motion to accept right-of-way easement across SW corner of Lot 1 of the CFT
property to fully satisfy condition of approval #1 from CFT Office Building Conditional
Use Permit #Z-07107.
It was moved by Cr. Becker, seconded by Cr. Rupp, to accept right-of-way easement across
SW corner of Lot 1 of the CFT property to fully satisfy condition of approval #1 from CFT
Office Building Conditional Use Permit #Z-07107.
1:17:09 Vote to accept right-of-way easement across SW corner of Lot 1 of the CFT
property to fully satisfy condition of approval #1 from CFT Office Building Conditional
Use Permit #Z-07107.
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Linked Minutes of the Bozeman City Commission Meeting, September 4, 2007
[It was moved by Cr. Becker, seconded by Cr. Rupp, to accept right-of-way easement
across SW corner of Lot 1 of the CFT property to fully satisfy condition of approval #1
from CFT Office Building Conditional Use Permit #Z-07107.]
Those voting Aye being Crs. Becker, Rupp, and Kirchhoff.
Those voting No being Mayor Krauss.
The motion carried 3-1.
1:17:40 6. Madill Impact Fee Credit Request IFCR-0701, opened and continued from
August 20 to August 27, and opened and continued from August 27, 2007 (Saunders)
1:18:03 Chris Saunders, Assistant Director of Planning
Mr. Saunders presented the staff report.
1:26:17 Rob Pertzborn, Applicant
Mr. Pertzborn, with Intrinsik Architecture, is representing Covenant Investments. He stated that
this request has been determined to qualify for the credits. The memo indicates that this problem
is being looked at to avoid future misunderstandings. He believes they were timely, and the
developer has paid for and completed the capacity-expanding work in good faith. He stated that
the Commission can make things right and offer credit.
1:29:10 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
1:46:20 Motion that we approve the (Madill) Impact Fee Credit Request IFCR-0701.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that we approve the (Madill)
Impact Fee Credit Request IFCR-0701.
1:51:36 Paul Luwe, City Attorney
Mr. Luwe advised the Commission that they can bring it back as a Consent item. If they decide
to approve the request, correction of the CIP can be done after the fact to make the record clear.
1:52:49 Mr. Epple
Mr. Epple stated that an easy way to handle this could be to amend the motion to add the phrase
at the end: "pending approval of the projects on the CIP."
1:53:12 Mr. Epple
Mr. Epple clarified that impact fee credits can't formally be approved until these projects are
listed on the CIP appropriately so they are approving them pending inclusion in the appropriate
CIP sections.
1:53:34 Amendment to Motion
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Linked Minutes of the Bozeman City Commission Meeting, September 4, 2007
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to amend the motion to include
the language just given to us by the Planning Director: "pending approval of the projects
on the CIP (Impact Fee Capital Improvement Program)."
1:54:16 Vote on Amendment
[It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to amend the motion to include
the language just given to us by the Planning Director: "pending approval of the projects
on the CIP (Impact Fee Capital Improvement Program)."]
Those voting Aye being Crs. Kirchhoff, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion passes 4-0.
1:59:11 Vote that we approve the (Madill) Impact Fee Credit Request IFCR-0701, pending
approval of the projects on the CIP (Impact Fee Capital Improvement Program).
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that we approve the (Madill)
Impact Fee Credit Request IFCR-0701, pending approval of the projects on the CIP
(Impact Fee Capital Improvement Program).
Those voting Aye being Crs. Kirchhoff, Becker, and Mayor Krauss.
Those voting No being Cr. Rupp.
The motion carried 3-1.
1:59:50 Mayor Krauss
Mayor Krauss declared a break.
1:59:54 Break
2:21:28 7. Aspen Park Major Subdivision Preliminary Plat #P-07027 (Skelton)
2:21:41 Dave Skelton, Senior Planner
Mr. Skelton presented the staff report.
2:53:28 Cordell Pool, Applicant
Mr. Pool, of Stahly Engineering, is representing the applicant. He addressed Cr. Kirchhoff's
concern about the longer blocks and said that it would have a boulevard feel with the trees.
3:02:34 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
3:08:24 Robert Marvin
Mr. Marvin, with Marvin Associates from Billings, commented on the history of lighting
standards.
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Linked Minutes of the Bozeman City Commission Meeting, September 4, 2007
4:04:33 Motion 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).
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).
New Condition #39:
39. A 30" pipe and 20' wide easement shall be provided along the east edge of South
19th Avenue Right-of-Way for the Middle Creek Ditch later, unless Middle Creek Ditch
Company agrees with the abandonment of this lateral in the future. A headgate and bar
screen shall be installed on the south end of this pipe and Middle Creek Ditch Company is
not responsible for maintenance of the pipe and bar screen.
4:07:01 Vote 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).
[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.
4:07:38 Mayor Krauss
Mayor Krauss stated that the applicant doesn't have an approval and that Cr. Jacobson will vote
to break the tie when she returns.
4:15:50 Suspension of the Rules of Procedure
Mayor Krauss suspended the Rules of Procedure to 10:30 pm.
4:17:38 8. CAHAB-approved Request for $14,000 for the Alliance for Building
Communities (ABC) to conduct a Mobile Home Survey in and around Bozeman (Lucy
Pope, ABC)
4:18:15 Caren Roberty
Ms. Roberty, representing the Community Affordable Housing Advisory Board, presented the
request and the recommended conditions.
4:20:06 Public Comment opened.
Mayor Krauss opened public comment.
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Linked Minutes of the Bozeman City Commission Meeting, September 4, 2007
4:20:28 Bob Chase - Public Comment
Mr. Chase resides at 433 South Black. He wants to see this study be expanded to include
cooperative housing. He believes home ownership is better than a traditional mobile home park,
and he thinks we need to look beyond this study, although he is in favor of it.
4:21:10 Public Comment closed.
Mayor Krauss closed public comment.
4:22:14 Josh Kellar, Applicant
Mr. Kellar, is the Coordinator of the Northern Rocky Mountain Resource Conservation and
Development Area, Inc., which is a 501(c)3 organization. He stated that they have an agreement
with the Alliance for Building Communities to assist in sponsorship of the survey portion of this
project.
4:25:47 Lucy Pope, Applicant
Ms. Pope, of the Alliance for Building Communities, explained the purpose of the survey.
4:45:49 Suspension of the Rules
Mayor Krauss suspended the Rules of Procedure for another 15 minutes.
4:45:51 Motion that we approve the request of $14,000 to the Alliance for Building
Communities to conduct a mobile home survey in and around Bozeman.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that we approve the request of
$14,000 to the Alliance for Building Communities to conduct a mobile home survey in and
around Bozeman.
4:48:38 Clarification of Motion
Cr. Rupp stated that technically the request should be to grant the money to the Northern Rocky
RC & D. Cr. Kirchhoff agreed to the clarification.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that we approve the request of
$14,000 to the Northern Rocky RC & D to conduct a mobile home survey in and around
Bozeman.
4:50:16 Vote that we approve the request of $14,000 to the Northern Rocky RC & D to
conduct a mobile home survey in and around Bozeman.
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.
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Linked Minutes of the Bozeman City Commission Meeting, September 4, 2007
4:50:29 Mayor Krauss
Mayor Krauss stated that Cr. Jacobson will break the tie next week.
4:50:39 9. Resolution No. 4064, Final Creation of Special Improvement Lighting
District #702, PT Land Phase 1 (Rosenberry)
4:50:51 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
4:51:10 Motion and Vote we approve Resolution 4064.
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, we approve Resolution 4064.
Those voting Aye being Crs. Kirchhoff, Rupp, and Mayor Krauss.
Those voting No being Cr. Becker.
The motion carried 3-1.
4:51:31 I. 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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