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Home My WebLink About2008-09-15 Regular MinutesMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 15, 2008 *An Audio version of this meeting is unavailable. Please refer to the DVD. ~*:x=x*******:~***************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, September 15, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, and Cr. Jeff Rupp, City Manager Chris Kukulski, Finance Director Anna Rosenberry, Assistant City Attorney Tim Cooper, Planning Director Andy Epple, and City Clerk Stacy Ulmen. A. Call to Order - 6 p.m.- Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Jacobson called the meeting to order at 6 p.m. B. Pledge of Allegiance and a Moment of Silence C. Public Service Announcements 1. City Hall Move (Goehrung) James Goehrung, Superintendent of Facilities Mr. Goehrung presented a power point presentation describing the schedule of the move from the Old City Hall to the New City Hall. An open house will take place at the New City Hall on October 31, 2008. 2. Uncontrolled Intersections, School Zones, MSU Parking Districts/Parking Permits (McLane) Rich McLane, Police Lieutenant Mr. McLane presented a power point presentation regarding Uncontrolled Intersections, School Zones, MSU Parking Districts/Parking. Changes to the Agenda Mayor Jacobson Mayor Jacobson asked Mr. Kukulski if there were any changes to the agenda. Chris Kukulski, City Manager Mr. Kukulski requested that Item E. 3 regarding Approving Cancelling the September 22°d, 2008 City Commission Meeting be removed from the Consent agenda. Mr. Kukulski also requested that Action item G. 5, Resolution No. 4129, Supporting the General Obligation Bond proposed by the Gallatin County Commission for Acquisition, Design, Construction, Equipping and Financing an Adult Detention Facility be postponed to September 22°d Bozeman Ciry Commission Meeting Minutes, September I5, 2008 D. Minutes- July 21, 2008, and July 28, 2008 Motion and Vote to approve the Minutes (of July 21, 2008, and July 28, 2008 Meetings as submitted). It was moved by Cr. Becker, seconded by Cr. Rupp to approve the Minutes (of July 21, 2008, and July 28, 2008 Meetings as submitted). Those voting Ave being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Approve Capital Improvements Plan Criteria for General Fund Items (Rosenberry) 3. Approve Cancelling the September 22, 2008 City Commission Meeting (Ulmen) 4. Approve Appointing City Manager Chris Kukulski to the Montana Municipal Insurance Authority Board of Directors to Serve a Term of Two Years Effective October 9, 2008 or Consider Appointing Another Designee such as the Mayor or another Commissioner (Kukulski) 5. Provisionally adopt Ordinance No. 1751, Knolls at Hillcrest Zone Map Amendment #Z-08119 (Riley) Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Mr. Kukulski Mr. Kukulski spoke regarding Consent Items E.2 & 4 Motion and Vote to approve Consent Items E.1, 2, 4, and 5. It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Consent Items E.1, 2, 4, and 5. Those voting Ave being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. Bozeman City Commission Meeting Minutes, September 15, 2008 F. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. G. Action Items 1. Provisional Adoption of Ordinance No. 1744, Establishing Procedures and Standards regarding Requests for Tax Abatement for Historic Preservation (Saunders) Chris Saunders, Assistant City Planner Mr. Saunders presented the staff report regarding Ordinance No. 1744, Establishing Procedures and Standards regarding Requests for Tax Abatement for Historic Preservation. Cr. Krauss Cr. Krauss asked who would review the COA. Mr. Saunders Mr. Saunders replied that the Commission would review the abatements. Courtney Kramer, Associate Planner. Ms. Kramer spoke regarding foot print sizes and additions to historical structures. Ms. Kramer thanked the Preservation Board for their work on this. Cr. Bryson Spoke regarding adding new additional square footage and if it would qualify for tax abatement. Public Comment Mayor Jacobson opened public comment. Lesley Gilmore. Public Commeut Ms. Gilmore of 180 North Low Branch Road, Gallatin Gateway stated that she is new on the Preservation Board. This encourages commercial properties also. These are taxes that the City will collect. Other Municipalities have benefited financially and culturally. These are not short term benefits. Jane Klockman. Public Comment Ms. Klockman of 713 South Willson stated that she is a member of the Preservation Board. She supports the Tax Abatement policy. This will encourage building in the City limits and will assist with eliminating urban sprawl. Public Comment closed Mayor Jacobson closed public comment. • Bozeman City Commission Meeting Minutes, September I5, 2008 Motion to (provisionally) adopt Ordinance No. 1744, Establishing Procedures and Standards regarding requests for Tax Abatement for Historic Preservation. It was moved by Cr Bryson, seconded by Cr. Krauss to (provisionally) adopt Ordinance No 1744, Establishing Procedures and Standards regarding requests for Tax Abatement for Historic Preservation. Cr. Krauss Cr. Krauss thanked the Board and stated that he is looking forward to an Ordinance regarding buildings being destroyed by neglect. Mayor Jacobson Mayor Jacobson thanked the Board. Vote on the Motion to (provisionally) adopt Ordinance No. 1744, Establishing Procedures and Standards regarding requests for Tax Abatement for Historic Preservation. Those voting Ave being Crs Bryson, Krauss, Becker, Rupp, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2. Greek Way Apartments Zoning Variance #C-08004, opened and continued from August 25, 2008 (Krueger) Brian Krueger, Associate Planner Mr. Krueger stated that MDT has reaffirmed verbally that they were not in favor of the signalization at the intersection. Staff is in support of the variance. Dave Crawford, Thomas, Dean and Hoskins, Applicant Representative. Mr. Crawford stated that he is available for questions. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion to approve Greek Way Apartments Zoning Variance # C-08004. It was moved by Cr Krauss, seconded by Cr. Becker to approve Greek Way Apartments Zoning Variance # C-08004. Cr. Krauss Cr. Krauss spoke regarding the differences in variance applications. • Bozeman City Commdssion Meeting Minutes, September I5, 2008 Cr. Rupp Cr. Rupp spoke regarding his fi-ustration of the condition relating to the improvements at the intersection. We know this intersection is not safe. This is a safety issue. Cr. Bryson Cr. Bryson spoke regarding his frustration with the City Ordinance. It is beyond the City's control regarding the improvements to the intersection. Cr. Becker Cr. Becker spoke regarding amending the City's infill Ordinance. Mayor Jacobson Mayor Jacobson spoke regarding the MDT's authority over the intersection and that the area is not warranted for a signal. We need to move forward. Cr. Krauss Cr. Krauss spoke regarding a public comment regarding pedestrian safety upgrades. Vote on the Motion to approve Greek Way Apartments Zoning Variance # C-08004. Those voting Ave being Crs. Krauss, Becker, Bryson, and Mayor Jacobson. Those voting No being Cr. Rupp. The motion passed 4-1. i 3. Provisional Adoption of Ordinance No. 1748, Amending Chapter 2.96 Bozeman Senior Citizens' Advisory Board of the Bozeman Municipal Code (Ulmen and Ken Tiahrt, Chair of the Senior Citizen's Advisory Board) Stacy Ulmen, City Clerk Ms. Ulmen presented the staff presentation regarding Ordinance No. 1748. Changes to the Ordinance include redefining responsibilities, increasing the size of the Board from 5 to 7, and moving the facility responsibilities to the Superintendent of Facilities. Ken Tiahrt, Chair of the Senior Citizen's Advisory Board Mr. Tiahrt stated that the Board was created when the Senior Center building was built. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion to provisionally adopt Ordinance No. 1748, Amending Chapter 2.96 Bozeman Senior Citizens' Advisory Board of the Bozeman Municipal Code. • Bozeman City Commission Meeting Minutes, September 15, 2008 It was moved by Cr. Becker, seconded by Cr. Rupp, to provisionally adopt Ordinance No. 1748, Amending Chapter 2.96 Bozeman Senior Citizens' Advisory Board of the Bozeman Municipal Code. Cr. Krauss Cr. Krauss stated that a number of things that the City should listen to the Seniors on including lighting, pedestrians, and road signs. Cr. Krauss suggested that a Jr. Senior Advisory Board be established. Vote on the Motion to provisionally adopt Ordinance No. 1748, Amending Chapter 2.96 Bozeman Senior Citizens' Advisory Board of the Bozeman Municipal Code. Those voting Ave being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 4. Northeast Urban Renewal Board's 2009 Annual Work Plan and Budget (Erik Nelson, Chair of the Northeast Urban Renewal Board) Erik Nelson, Chair of the Northeast Urban Renewal Board Mr. Nelson spoke regarding the Northeast Urban Renewal Board's 2009 Annual Work Plan and Budget. There are four primary areas-that the Board has focused on including parks, walk ability, utilities, and public assistance. Cr. Krauss Cr. Krauss stated that he did not see how Tax Increment Financing Dollars would be used. Mr. Nelson Mr. Nelson stated that it has not been designated where the TIF dollars would be used. The Board needs to identify these areas. Mayor Jacobson Mayor Jacobson recognized that the increment has not grown much. Cr. Rupp Cr. Rupp spoke regarding identifying projects. He would like this soon. Public Comment Mayor Jacobson opened public comment. Randy Wall, Public Comment Mr. Wall of 530 East Cottonwood Street spoke regarding the Northeast Neighborhood. He is excited to learn about the Board and would be interested in serving on the board. Mr. Wall spoke regarding the traffic in the area. He thanked the City for putting the board together. Bozeman City Commission Meeting Minutes, September I5, 2008 Public Comment closed. Mayor Jacobson closed Public Comment. Motion to approve the Northeast Urban Renewal Board's 2009 Annual Work Plan. It was moved by Cr Rupp, seconded by Cr Brvson to approve the Northeast Urban Renewal Board's 2009 Annual Work Plan. Cr. Rupp Cr. Rupp wondered if the Commission had a liaison on the board. Mr. Nelson Mr. Nelson stated that the Commission did not have a liaison at this time. There was at one time. Cr. Rupp Cr. Rupp volunteered to be a liaison on the board. Vote on the Motion to approve the Northeast Urban Renewal Board's 2009 Annual Work Plan. Those voting Ave being Crs Rupp Brvson, Krauss, Becker, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. Break ral Obli ation Bond ro osed by 5. Resolution No. 4129, Supporting the Gene g P p the Gallatin County Commission for Acquisition, Design, Construction, Equipping and Financing an Adult Detention Facility (Tymrak) Motion to open and continue Resolution No. 4129 to September 22, 2008. It was moved by Cr Brvson, seconded by Cr Becker to open and continue Resolution No. 4129 to September 22, 2008. Cr. Krauss Cr. Krauss stated that he will not be able to attend the meeting on the 22"a and would like it moved to a date that he could attend. Amendment to the Main Motion to substitute the 29`" instead of the 22"a. the r. SUDSL1LULe lIIC L.7 ^n~~cau w auc ~... Vote on the Amendment to the Main Motion to substitute the 29`" instead of the 22"a. Bozeman City Commissdon Meetii:g Minutes, September IS, 1008 Those voting Ave being Crs. Rupp, Bryson, Krauss, and Becker. Those voting No being Mavor Jacobson. The motion passed 4-1. Vote in the Main Motion as Amended to open and continue Resolution No. 4129 to September 29, 2008. Those voting Ave being Crs. Bryson, Becker, Rupp, and Krauss. Those voting No being Mayor Jacobson. The motion passed 4-1. 6. Resolution No. 4123, Annual Assessment of all the Lighting Districts, opened and continued from September 8, 2008 (Rosenberry) Anna Rosenberry, Finance Director Ms. Rosenberry presented the staff presentation regarding Resolution No. 4123, Annual Assessment of all the Lighting Districts. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. • Motion and Vote to adopt Resolution No. 4123, Annual Assessment of all the Lighting Districts. It was moved by Cr. Krauss, seconded by Cr. Becker to adopt Resolution No. 4123, Annual Assessment of all the Lighting Districts. Those voting Ave being Crs. Krauss, Becker, Rupp, Bryson, and Mavor Jacobson. Those voting No being none. The motion passed 5-0. 7. Resolution No. 4126, Assessing a Special Assessment to Collect Delinquent Water and Sewer Charges (Rosenberry) Anna Rosenberry, Finance Director Ms. Rosenberry presented the staff presentation regarding Resolution No. 4126, assessing a Special Assessment to Collect Delinquent Water and Sewer Charges. Cr. Rupp Cr. Rupp spoke regarding the process of noticing those that are delinquent. a ~ Bozeman City Commission Meeting Minutes, September I5, 2008 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to adopt Resolution No. 4126, Assessing a Special Assessment to Collect Delinquent Water and Sewer Charges. It was moved by Cr. Becker, seconded by Cr. Rupp to adopt Resolution No. 4126, Assessing a Special Assessment to Collect Delinquent Water and Sewer Charges. Those voting Ave being Crs. Becker, Rupp, Brvson, Krauss, and Mavor Jacobson. Those voting No being none. The motion passed 5-0. 8. Resolution No. 4127, Assessing a Special Assessment to Defray the Cost and Expense of Collecting, Removing and Disposing Solid Waste (Rosenberry) Anna Rosenberry, Finance Director Ms. Rosenberry presented the staff presentation regarding Resolution No. 4127, Assessing a Special Assessment to Defray the Cost and Expense of Collecting, Removing and Disposing Solid Waste. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to adopt Resolution No. 4127. It was moved by Cr. Rupp, seconded by Cr. Brvson to adopt Resolution No. 4127. Those voting Ave being Crs. Rupp, Brvson, Krauss, Becker, and Mavor Jacobson. Those voting No being none. The motion passed 5-0. 9. Resolution No. 4128, Amending Appropriation Resolution No. 4121 for Fiscal Year 2008-2009 (Rosenberry) Anna Rosenberry, Finance Director Ms. Rosenberry presented the staff presentation regarding Resolution No. 4128 Amending Appropriation Resolution No. 4121 for Fiscal Year 2008-2009. Ms. Rosenberry spoke regarding the General Fund balance after these adjustments. • r. Bozeman City Commission Meeting Minutes, September 15, 2008 Cr. Bryson Cr. Bryson spoke regarding the LEED certifications costs. He would like these itemized. Mr. Kukulski Mr. Kukulski stated that LEED costs can be itemized. Mayor Jacobson Mayor Jacobson stated that the LEED certification assist with reducing the City's carbon footprint. Cr. Krauss Cr. Krauss suggested that there other LEED certifiers. Cr. Rupp Cr. Rupp spoke regarding how the LEED costs should be clarified. Cr. Becker Cr. Becker spoke regarding the costs that would be paid out for design including heating and the air conditioning system. He would be fine with delaying this decision to the next meeting. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to continue Resolution No. 4128, Amending Appropriation Resolution No. 4121 for fiscal Year 2008-2009 until October 6, 2008. It was moved by Cr. Bryson, seconded by Cr. Krauss to continue Resolution No. 4128, Amending Appropriation Resolution No. 4121 for fiscal Year 2008-2009 until October 6, 2008. Those voting Ave being Crs. Bryson, Krauss, Becker, Rupp, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. E. Consent 3. Approve Cancelling the September 22, 2008 City Commission Meeting (Ulmen) Motion and Vote to cancel next week's meeting (September 22, 2008). 10 Bozeman City Commission Meeting Minutes, September 15, 2008 • It was moved by Cr. Krauss, seconded by Cr Becker to cancel next week's meeting (September 22, 2008). Those voting Ave being Crs. Krauss, Becker, Rupp, and Bryson Those voting No being Mayor Jacobson The motion passed 4-1. H. FYI/Discussion 1. Ribbon Cutting for the new City Hall Cr. Krauss suggested that the Mayor say a few words and a ribbon cutting take place at the New City Hall. Mr. Kukulski stated that an open house will take place on October 31St. Ms. Rosenberry suggested that the Commission may want to consider having a celebration for the new Commission Room instead. 2. Community Tour Cr. Krauss asked that items that were brought up during the Community Tour on September 8t'' be added as an agenda item at a future item. Three Commissioners were in favor. The Commission decided to put this item on September 29tH • 3. Impact Fee Advisory Board Committee Ms. Rosenberry stated that three members whose terms expire at the end of this year have stated that they are not interested in serving on the board anymore. This will leave several vacant positions on the Board. 4. Letter from Laura Bush Mayor Jacobson read a letter from Laura Bush who stated her appreciation to the City of Bozeman for their involvement with historic preservation. Mayor Jacobson thanked Planner Courtney Kramer for her involvement. 5. Hiroshima Survivor Dinner Mayor Jacobson reported that she had dinner with a woman that is a Hiroshima Survivor. Mayor Jacobson showed a tapestry that was given to her by the woman. 6. Ethics Board Letter Discussion took place regarding the Ethics Board Ordinance. Attorney Planalp is looking over the Ordinance. ~/~.?/'ti Kaaren Jacobson, M or 11 Bozeman City Commission Meeting Minutes, September I5, 2008 ATTEST: Stacy U en, City Clerk PREPARED BY: Stacy 1 en, City Clerk ~ . Approved on ~ ~ G ~, ~c~R 12 -:~