HomeMy WebLinkAbout2008-10-20 Regular Meeting MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 20, 2008
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The Commission of the City of Bozeman met in the Commission Room, City Hall, 121 North
Rouse on Monday, October 20, 2008 at 5:30 p.m. Present were Mayor Kaaren Jacobson, Cr.
Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, City Manager Chris Kukulski,
Finance Director Anna Rosenberry, Interim City Attorney Bob Planalp, Planning Director Andy
Epple, and City Clerk Stacy Ulmen.
A. Call to Order - 5:30 p.m. Commission Room-City Hall- 121 North Rouse
B. Executive Session -Litigation Strategy- 5:30-6 p.m.
This portion of the meeting was closed to the public to discuss litigation strategy.
0:03:06 C. Call to Order Regular Meeting- 6 p.m.
Mayor Jacobson called the meeting to order.
0:03:09 D. Pledge of Allegiance and a Moment of Silence
0:03:51 F. Changes to the Agenda
0:03:52 Mayor Jacobson
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:03:55 Chris Kukulski, City Manager
Mr. Kukulski stated that there were no changes to the agenda.
0:04:00 E. Public Service Announcement -Ribbon Cutting and Open House at the New
City Hall (Goehrung)
0:04:18 Mr. Kukulski
Mr. Kukulski stated that the Ribbon Cutting and New City Hall Open House will be on Friday,
October 31, 2008 from 3-6 p.m.
0:05:10 G. Minutes -August 7, 2008 Policy Meeting and August 8, 2008 Joint City-
Town/County Meeting
0:05:22 Motion and Vote to approve (the Minutes from the August 7, 2008 Policy Meeting
and the August 8, 2008 Joint City-Town/County Meeting as submitted).
Linked Bozeman City Commission Minutes, October 20, 2008
It was moved by Cr. Rupp, seconded by Cr. Becker to approve (the Minutes from the
August 7, 2008 Policy Meeting and the August 8, 2008 Joint City-Town/County Meeting as
submitted).
Those voting Ave being Crs. Rupp, Becker, Krauss, Bryson, and Mavor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:05:38 H. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign the 2008 Sewer Rehabilitation Notice of Award
(Murray)
3. Authorize City Manager to sign the 2008 Bozeman Landfill Final Closure Notice
of Award (Johnson)
4. Authorize City Manager to sign 2008 Sewer Rehabilitation Project Amendment
No. 1, Professional Services Agreement for Great West Engineering (Murray)
5. Authorize City Manager to sign a Professional Services Agreement for Fire
Station #3 and 911 Communication Center Inspection Services with Gaston
Engineering (Goehrung)
6. Authorize the Mayor to sign the Findings of Fact and Order for the
Preliminary Plat of the Lot 70 Babcock Meadows Minor Subdivision (Bristor)
7. Approve and Authorize the Mayor to Sign the Funding Agreement between The
City of Bozeman and Northern Rocky Mountain Resource Conservation &
Development Area (Rosenberry)
8. Approve Scheduling Appeal Hearing of Administrative Decision regarding West
Winds Planned Unit Development Phase 4, Proposed Road Alignment for Breeze
Way for November 17, 2008 (Eppley
9. Approve Resolution of Intent No. 4133, Closing a Portion of Alley in Block I,
Original Townsite (Alley Adjacent to new City Hall) (Kerr)
10. Approve Beer and Wine License for Bar 3 Bar B-Q (Neibauer)
11. Approve Beer and Wine License for La Parilla Inc. (Neibauer)
0:05:44 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:05:58 Motion and Vote to approve items 1-11.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve items 1-11.
Those voting Ave Crs. Becker, Krauss, Bryson, Rupp, and Mavor Jacobson.
Linked Bozeman City Commission Minutes, October 20, 2008
Those voting No being none.
The motion carried 5-0.
0:06:17 I. Public Comment
Mayor Jacobson opened public comment.
0:06:34 Susan Floerchinger, Public Comment
Ms. Floerchinger of 606 North 5th Avenue stated that she lives at Darlington Manner who
recently was issued a violation from the City for broken outlets. She lives in the apartments and
stated that there is the possibility of mold in common areas, old carpet and with the elderly this is
a health threat. She asked that the City contact the landlord regarding the condition of the
building.
0:08:47 Jeff Quinton, Public Comment
Mr. Quinton of 606 North 5th at Darlington Manor stated that he has a mold problem on his
ceiling.
0:09:51 Cr. Becker
Cr. Becker stated that he received a memo about this from the building inspector who went
through the building. The only code violations were the outlets.
0:10:53 Mr. Kukulski
Mr. Kukulski stated that a letter can be sent to the County Health Department.
0:12:24 Public Comment closed
Mayor Jacobson closed public comment.
0:12:32 J. Special Presentation -Award Announcement (Kukulski)
0:12:42 Mr. Kukulski
Mr. Kukulski reported that the City received a reward from Montana Municipal Insurance
Authorities for the lowest incurred dollar in Workers Compensation Program for 1st Class Cities.
0:14:17 K. Action Items
0:14:21 1. Potential Amendments to the City's Ethics Ordinance, opened and continued
from October 13, 2008 (Planalp)
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Linked Bozeman City Commission Minutes, October 20, 2008
0:14:32 Bob Planalp, Interim City Attorney
Mr. Planalp stated that there were 4 items that were initially presented to the Commission. On
October 13th, the Commission acted upon 2 of them. The items left are regarding a 12 month
prohibition, and the disclosure of financial assets of liabilities form.
0:17:50 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:18:07 Cr. Becker
Cr. Becker stated that it appears that the Ordinance needs to be crafted to more like the states.
0:18:49 Cr. Krauss
Cr. Krauss spoke regarding the lobbyist statutes.
0:21:09 Cr. Bryson
Cr. Bryson spoke regarding perceived advantages.
0:22:45 Mayor Jacobson
Mayor Jacobson spoke regarding the state regulations.
0:34:39 Motion to direct staff to investigate the other issues that we brought up today and
the other Montana Statutes, with an eye towards identifying terms and time limits, and
making suggestions about how we can draft an ethics ordinance that addresses the issues
addressed in Montana statute.
It was moved by Cr. Krauss, seconded by Cr. Bryson to direct staff to investigate the other
issues that we brought up today and the other Montana Statutes, with an eve towards
identifying terms and time limits, and making suggestions about how we can draft an ethics
ordinance that addresses the issues addressed in Montana statute.
0:35:14 Cr. Krauss
Cr. Krauss asked that "advantage" and "personal benefit" be defined.
0:35:37 Vote on the Motion to direct staff to investigate the other issues that we brought up
today and the other Montana Statutes, with an eye towards identifying terms and time
limits, and making suggestions about how we can draft an ethics ordinance that addresses
the issues addressed in Montana statute.
4
Linked Bozeman City Commission Minutes, October 20, 2008
Those voting Ave being Crs. Krauss, Bryson, Rune, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:35:50 Mr. Planalp
Mr. Planalp spoke regarding the financial statement form.
0:39:06 Cr. Bryson
Cr. Bryson spoke regarding the County policy.
0:43:32 Cr. Becker
Cr. Becker spoke regarding purchasing relationships.
0:47:55 Public Comment.
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:48:08 Motion to direct staff to draft a yearly disclosure statement that would be signed
upon initial employment and thereafter annually by each public officer and public
employee that he or she has read a statement which would contain a layman summary of
each section of state law and that a written financial disclosure statement is required and
should identify economic relationships similar to elected state officials that they must
already disclose.
It was moved by Cr. Bryson, seconded by Cr. RUnp to direct staff to draft a yearly
disclosure statement that would be signed upon initial employment and thereafter annually
by each public officer and public employee that he or she has read a statement which would
contain a layman summary of each section of state law and that a written financial
disclosure statement is required and should identify economic relationships similar to
elected state officials that they must already disclose.
0:49:55 Vote on the Motion to direct staff to draft a yearly disclosure statement that would
be signed upon initial employment and thereafter annually by each public officer and
public employee that he or she has read a statement which would contain a layman
summary of each section of state law and that a written financial disclosure statement is
required and should identify economic relationships similar to elected state officials that
they must already disclose.
5
Linked Bozeman City Commission Minutes, October 20, 2008
Those voting Ave being Crs. Bryson, Rupp, Becker, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
0:50:08 Cr. Becker
Cr. Becker spoke regarding legal opinions.
0:51:33 Mr. Planalp
Mr. Planalp spoke regarding formal advisory opinions.
0:51:55 2. Fellowship Baptist Church Minor Subdivision Preliminary Plat #P-08007
(Skelton)
0:52:27 Dave Skelton, Associate Planner
Mr. Skelton presented the staff report for the Fellowship Baptist Church Minor Subdivision
Preliminary Plat #P-08007. Staff is recommending that the Commission conditionally approve
the application.
1:11:02 Bruce Bradford, Applicant Representative
Mr. Bradford presented the applicant presentation and explained that the church started 25 years
ago. It is landlocked and the only reason they are splitting the property, is due to economics.
They are planning to sell the second lot and use the funds to add onto the church. They are not a
developer of profit. They appreciate the City's consideration.
1:14:24 Public Comment
Mayor Jacobson opened public comment.
1:14:39 Jeremy Shay. Public Comment
Mr. Shay of 176 Blue Roan Lane spoke regarding the variance requested by the applicant. He
feels that there is ample access to the property.
1:18:12 Steve Vanwinkle, Public Comment
Mr. Vanwinkle of 152 Explorer Trail stated that he is the Pastor of the Church. They are
interested in paying for only half of the road. The road benefits others as well. They would like
the City to share the costs. In 1999 the Church gave an easement to the City.
1:22:30 Dan Camn. Public Comment
Mr. Camp stated that he has been working on the design of the new church facility. He spoke
regarding the design of the south 2/3rds of the property. It is strictly for access to the park and
whatever may happen on that end of the property.
Oinked Bozeman City Commission Minutes, October 20, 2008
1:24:11 Public Comment closed
Mayor Jacobson closed public comment.
1:24:21 Mayor Jacobson
Mayor Jacobson clarified the Commission's action with another project for Hope Lutheran
similar to this application.
1:25:56 Cr. Krauss
Cr. Krauss spoke regarding his concern of wanting a road constructed along the park.
Connectivity and access to Rose Park is important.
1:34:26 Motion to approve Preliminary Plat #P-08007 fora 21ot minor subdivision as
recommended in the Planning Board Resolution #P-08007.
It was moved by Cr. Rupp, seconded by Cr. Becker (then Cr. Krauss) to approve
Preliminary Plat #P-08007 fora 2 lot minor subdivision as recommended in the Planning
Board Resolution 08007.
1:34:45 Cr. Krauss
Cr. Krauss clarified that the statement in the motion "as conditioned by staff 'denies the
variance.
1:34:58 Mr. Skelton
Mr. Skelton that Cr. Krauss's statement is correct. Mr. Skelton spoke regarding phasing the street
connectivity.
1:42:05 Cr. Bryson
Cr. Bryson spoke regarding cost sharing.
1:43:00 Cr. Krauss
Cr. Krauss asked that the current motion be read.
1:43:07 Stacy Ulmen, City Clerk
Ms. Ulmen read the motion.
1:43:40 Cr. Becker
Cr. Becker stated he is interested in the City portion of right of way on the road.
1:45:34 Mayor Jacobson
Mayor Jacobson stated that North 25th is not eligible for impact fees.
7
Cinked Bozeman City Commission Minutes, October 20, 2008
1:46:03 Mr. Murray
Mr. Murray explained that North 25th is ineligible for the Capital Improvement List. The
current policy is only for collectors.
1:49:28 Mr. Murray
Mr. Murray spoke regarding the easements that are in place.
1:51:02 Cr. Rupp
Cr. Rupp stated that it seems to make sense that there needs to be connectivity.
1:53:09 Mr. Saunders
Mr. Saunders explained that at this time the Planning Board and staff recommend that the street
be connected.
1:58:55 Motion to amend condition number 3 by adding the sentence: "Road construction
shall be concurrent with the development of each adjacent lot".
It was moved by Cr. Becker, seconded by Cr. Krauss to amend condition number 3 by
adding the sentence: "Road construction shall be concurrent with the development of each
adiacent lot".
2:02:29 Vote on the amendment to amend condition number 3 by adding the sentence:
"Road construction shall be concurrent with the development of each adjacent lot".
Those voting Ave being Crs. Becker, Krauss, Rugq, and Mayor Jacobson.
Those voting No being Cr. Bryson.
The motion passed 4-1.
2:05:40 Vote on the Motion to approve Preliminary Plat #P-08007 fora 2 lot minor
subdivision as recommended in the Planning Board Resolution 08007 as amended.
Those voting Ave being Crs. Rugq, Becker, Krauss, and Mayor Jacobson.
Those voting No being Cr. Bryson.
The motion passed 4-l.
2:06:05 3. Fellowship Baptist Church Zone Map Amendment # Z-08075 (Skelton)
8
Linked Bozeman City Commission Minutes, October 20, 2008
2:06:11 Mr. Skelton
Mr. Skelton presented the staff report regarding the Fellowship Baptist Church Zone Map
Amendment # Z-08075. Staff is recommending that the ZMA be approved subject to the terms
and contingencies listed in the staff report.
2:10:18 Cr. Rupp
Cr. Rupp asked about the differences of the R-3 and R-4 units allowed.
2:11:00 Dennis Foreman, Gaston Engineering, Applicant representative
Mr. Foreman asked that the Commission allow for the zoning change so that the applicant can
pay for 25th.
2:11:19 Public Comment
Mayor Jacobson opened public comment.
2:11:27 Bruce Bradford, Public Comment
Mr. Bradford stated that the only reason that the church is selling the parcel is to generate income
to build the church.
2:11:47 Public Comment closed
Mayor Jacobson closed public comment.
2:11:56 Motion to approve the Fellowship Baptist Church Zone Map subject to the terms
and contingencies provided in the zoning Commission Resolution #Z-08075.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve the Fellowship Baptist
Church Zone Map subject to the terms and contingencies provided in the zoning
Commission Resolution #Z-08075.
2:13:40 Vote on the Motion to approve the Fellowship Baptist Church Zone Map subject to
the terms and contingencies provided in the zoning Commission Resolution #Z-08075.
Those voting Ave being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
2:13:56 Break
2:25:24 4. The Knolls East and Highland South Major Subdivision Preliminary Plat
#P-07037, Tabled November 5, 2007 (Riley)
9
Linked Bozeman City Commission Minutes, October 20, 2008
2:25:38 Chris Saunders, Assistant City Planner
Mr. Saunders explained that this application has been in active review for a year. Staff is asking
that the Commission bring this item off the table and set a date for public hearing.
2:27:11 Cr. Krauss
Cr. Krauss stated that he would like to notify the neighborhood somehow.
2:29:28 Cr. Becker
Cr. Becker spoke regarding the statutory constraint.
2:31:22 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
2:31:34 Motion to bring the Knolls East Highland South Major Subdivision Preliminary
Plat #P-07037 off the table and schedule a public hearing for November 3, 2008.
It was moved by Cr. Krauss, seconded by Cr. Bryson to bring the Knolls East Highland
South Mayor Subdivision Preliminary Plat #P-07037 off the table and schedule a public
hearing for November 3, 2008.
2:31:59 Mr. Saunders
Mr. Saunders explained that this will be a continued public hearing.
2:44:44 Friendly Amendment to the Main Motion to get legal direction from the staff
attorneys and direct Brit Fontenot to notify the neighborhood that this item will be
considered again.
Cr. Krauss presented a friendly amendment to the main motion to get legal direction from
the staff attorneys, and direct Brit Fontenot (Neighborhood Coordinator) to notify the
neighborhood that this item will be considered again.
2:45:14 Second to friendly amendment.
Cr. Bryson agreed to the friendly amendment.
2:45:32 Vote on the Main Motion to bring the Knolls East Highland South Major
Subdivision Preliminary Plat #P-07037 off the table and schedule a public hearing for
November 3, 2008 and the friendly amendment to the main motion to get legal direction
10
Linked Bozeman City Commission Minutes, October 20, 2008
from the staff attorneys and direct Brit Fontenot (Neighborhood Coordinator) to notify the
neighborhood that this item will be considered again.
Those voting Aye being Crs. Krauss, Bryson. Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:45:43 5. Building Inspection 1st Quarter Fiscal Year 2009 Update, July 1-Sept 30,
2008 (Kukulski/Rosenberry)
2:45:51 Chris Kukulski, City Manager
Mr. Kukulski stated that it was discussed during the budget process to report quarterly how the
building and planning departments are doing from a financial aspect. The building department
revenues were higher than anticipated for this quarter.
2:50:47 Cr. Bryson
Cr. Bryson spoke regarding adjusting staffing levels.
2:53:45 Cr. Rupp
Cr. Rupp spoke regarding spending the reserves.
2:55:53 Cr. Krauss
Cr. Krauss disclosed that he received an email regarding the building inspections. hlis~oncern is
efficiency.
3:00:44 Mr. Kukulski
Mr. Kukulski spoke regarding filling the Chief Building Official position.
3:02:28 L. FYI/Discussion
3:02:34 1. Formal Site Plan application for Town and Country Site on South 11th
Mr. Saunders explained that the formal site plan application for Town and Country site on South
11th has been received. There are some variance requests by the applicant and this application is
scheduled with the Board of Adjustment for November 20, 2008. The Commission has the
option to reclaim the project. The Commission agreed that they would like to reclaim the
project. This will be added to the agenda for next week.
11
Linked Bozeman City Commission Minutes, October 20, 2008
3:07:59 2. Public Comment received regarding property at Darlinton Manor.
There were three thumbs up to have Cr. Rupp work with staff to draft a letter to the folks who
allocate the tax credits to the Montana Department of Commerce and Board of Housing and
speak to how this project has deteriorated.
3:10:56 3. Cleanup of sticks, branches, and leaf collection
Ms. Arkell stated that a PSA could be scheduled for the next meeting regarding the City's policy
on clean up of sticks, branches, and leaf collection.
3:17:02 4. Meeting Schedule
Mr. Kukulski spoke regarding future Commission Meeting Schedules.
3:21:06 M. Adjournment
Mayor Jacobson adjourned the meeting at 9:25 p.m.
~~~
Kaaren Jacobson, ayor
ATTEST:
Stacy U n, C~i Clerk
PREPAl~D BY:
Stacy 1 n, Cit Clerk
Approved on ~
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