HomeMy WebLinkAbout01-05-09 Minutes, City CommissionLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 5, 2009
The Commission of the City of Bozeman met in the Commission Room, City Ha11 at 121 North
Rouse on Monday, January 5, 2009. Present were Mayor Pro-tem Jeff Krauss, Cr. Sean Becker,
Cr. Eric Bryson, Cr. Jeff Rupp, Acting City Manager Chuck Winn, Finance Director Anna
Rosenberry, Planning Director Andy Epple, Interim City Attorney Bob Planalp, and Deputy City
Clerk Aimee Kissel.
0:00:47 A. Call to Order - 6 p.m. -Commission Room, City Hall, 121 North Rouse
Mayor Pro-tem Krauss called the meeting to order.
0:00:52 B. Pledge of Allegiance and Moment of Silence
0:01:03 C. Changes to the Agenda
Mayor Pro-tem Krauss asked Acting City Manager Chuck Winn if there were any changes to the
agenda.
0:01:10 Chuck Winn, Acting City Manager
Mr. Winn stated that he was not aware of any changes to the agenda.
0:01:15 D. Public Service Announcement Growth Policy Update (Eppley
0:01:31 Andy Epple, Director of Planning
Mr. Epple presented the 2020 Plan Update.
0:10:50 E. Authorize Absence of Mayor Jacobson
0:10:52 Motion and Vote to authorize the absence of Mayor Jacobson.
It was moved by Cr. Rupp, seconded by Cr. Becker to authorize the absence of Mayor
Jacobson.
Those voting Ave being Crs. Rupp, Becker, Bryson and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
0:11:06 F. Minutes -October 6, October 20, November 3, November 17, November 21,
2008
0:11:18 Motion and Vote to approve the Minutes of October 6, October 20, November 3,
November 17 and November 21, 2008.
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Linked Bozeman City Commission Minutes, January 5, 2009
It was moved by Cr. Becker, seconded by Cr. Bryson to approve the Minutes of October 6,
October 20, November 3, November 17 and November 21, 2008.
Those voting Ave being Crs. Becker, Bryson, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
0:11:39 G. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to Negotiate and sign a Listing Contract for the Sale of the
Former City Hall Lots 10-14 and Facility, with the Commercial Real Estate Firm Grubb
& Ellis, Montana Commercial LLC (Fontenot)
3. Authorize City Manager to sign the Land Exchange Agreement with Northwestern
Energy for the Bozeman Water Reclamation Facility Project (Murray)
4. Authorize Payment of $2,598.26 for the Buttrey's Solvent Site Cost Recovery
(Cooper)
5. Authorize Payment of $3,271.58 for the Buttrey's Solvent Site Cost Recovery
(Cooper)
6. Approve Resolution No. 4140, Implementing Asbestos related information within the
Records of the City of Bozeman (Cooper)
7. Approve West Babcock Park (Aasheim Fields) Zoning Application #Z-08277, a Site
Plan Application to allow the Construction of a Concessions/Restrooms Facility (Eppley
8. Approve Resolution No. 4139, Sundance Business Park II Annexation #A-07005
(Riley)
9. Provisionally Adopt Ordinance No. 1756, Sundance Business Park II Zone Map
Amendment #Z-07208 (Riley)
0:11:46 Public Comment
Mayor Pro-tem Krauss opened public comment.
No person commented.
Mayor Pro-tem Krauss closed public comment.
0:12:00 Motion and vote to approve Consent items G. 1-9.
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve consent items G. 1-9.
Those voting Ave being Crs. Bryson, Rupp, Becker and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
Linked Bozeman City Commission Minutes, January 5, 2009
0:12:45 H. Public Comment
Mayor Pro-tem Krauss opened public comment.
0:13:11 Brian Leland, Public Comment
Mr. Leland of 528 North Bozeman spoke regarding atwo-year dispute with a neighbor regarding
his barking dogs. Mr. Leland stated that a request for prosecution has been issued by Officers
McLane and Lien that the City Attorney's office refused to pursue. He would like the laws
enforced more stringently regarding noise issues.
0:16:59 Public Comment closed.
Mayor Pro-tem Krauss closed public comment.
0:17:07 I. Special Presentation -Fire Fighter Swearing in Ceremony (Mayor Pro-tem
Krauss)
Mayor Pro-tem Krauss swore in new firefighters Josh Charles, Lewis England and David
Hartman.
0:21:12 J. Action Items
0:21:28 1. Anne Anderson Kennel License Application (Lien)
0:21:54 Connie Lien, Animal Control
Ms. Lien presented the staff report and recommended the kennel application.
0:22:41 Public Comment
Mayor Pro-tem Krauss opened public comment.
0:23:06 Martha Drysdale, Public Comment
Ms. Drysdale of 1408 South Black spoke regarding her support for the kennel license
requirement Ordinance. She asked whether it is standard procedure for a kennel license to be
reviewed by the commission. She felt that the tenor of the article in the paper today regarding
kennel licenses was negative. She is not in opposition of this review at all as the paper had
seemed to presume.
0:25:55 Public Comment closed.
Mayor Pro-tem Krauss closed public comment.
0:26:19 Brit Fontenot, Assistant to City Manager
Mr. Fontenot responded to Ms. Drysdale's question by explaining that he is currently working on
revisions to the kennel license ordinance. Typically in the past, the commission has not heard
these applications, but the way the ordinance reads they should have. The revisions would make
it possible for the animal control officer to make a decision regarding kennel licenses with
appeals going before the City Commission. These revisions will be heard by the Commission
during next week's Commission meeting.
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Linked Bozeman City Commission Minutes, January 5, 2009
0:27:29 Motion and Vote to approve the Anne Anderson Kennel License Application.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Anne Anderson Kennel
License Application.
Those voting Ave being Crs. Rupp, Becker, Bryson and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
0:27:44 2. Martha Drysdale Kennel License Application (Lien)
0:27:53 Ms. Lien
Ms. Lien presented the staff report and recommended this approval.
0:28:58 Public Comment
Mayor Pro-tem Krauss opened public comment.
No person commented.
Mayor Pro-tem Krauss closed public comment.
0:29:04 Motion and Vote to approve the Martha Drysdale Kennel License application.
It was moved by Cr. Becker, seconded by Cr. Bryson to approve the Drysdale kennel
license.
Those voting Ave being Crs. Becker, Bryson, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
0:29:17 3. Lori Stratford Kennel License Application (Lien)
0:29:25 Ms. Lien
Ms. Lien gave the staff presentation and recommended the application with conditions that the
applicant keep the dogs quieted from 8 p.m. to 6 a.m. and at other times.
0:31:55 Public Comment
Mayor Pro-tem opened public comment.
0:32:07 Lori Stratford, Public Comment
Ms. Stratford is the applicant residing at 4425 W. Babcock Street. She pointed out that the
negative letter received by animal control regarding her dogs was not signed. She also has two
supportive letters from other neighbors. Two of the neighbors that share a fence with her also
have dogs and they all have an agreement to bring their dogs inside if they are all out at the same
time.
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Linked Bozeman City Commission Minutes, January 5, 2009
0:34:33 Public Comment closed.
Mayor Pro-tem Krauss closed public comment.
0:34:40 Motion to approve the Lori Stratford kennel license application.
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve the Lori Stratford kennel
license application with the condition that the dogs are kept quiet between the hours of 8
p.m. and 6 a.m.
0:36:15 Vote on the Motion to approve the Lori Stratford kennel license application with
the condition that the dogs are kept quiet between the hours of 8 p.m. and 6 a.m.
Those voting Ave being Crs. Bryson, Rupp, Becker and Mavor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
0:36:24 4. Gregory Peterson Kennel License Application (Lien)
0:36:30 Ms. Lien
Ms. Lien gave the staff presentation and recommended the approval of the application.
0:37:37 Public Comment
Mayor Pro-tem Krauss opened public comment.
No person commented.
Mayor Pro-tem Krauss closed public comment.
0:37:46 Motion and Vote to approve the Gregory Peterson Kennel License Application.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Gregory Peterson
Kennel License Application.
Those voting Ave being Crs. Rupp, Becker, Bryson and Mavor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
0:38:01 5. William Jameson Kennel License Application (Lien)
0:38:07 Ms. Lien
Ms. Lien gave the staff presentation and recommended approval.
0:39:25 Public Comment
Mayor Pro-tem Krauss opened public comment.
No person commented.
Mayor Pro-tem Krauss closed public comment.
Linked Bozeman City Commission Minutes, January 5, 2009
0:39:32 Motion and vote to approve the William Jameson kennel license application.
It was moved by Cr. Becker, seconded by Cr. Bryson to approve the William Jameson
kennel license application.
Those voting Ave being Crs. Becker, Bryson, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
0:39:59 6. Walton Homestead Conditional Use Permit Application #Z-08273, Major
Modifications to a Planned Unit Development (Bristor)
0:40:14 Andy Epple, Director of Planning and. Urban Development
Mr. Epple presented the staff report on behalf of Allyson Bristor.
0:49:01 Applicant, Kevin Cook
Mr. Cook with an office at 1276 North 15th presented the applicant report. He stated that a
banking facility would fit well within the development because it would provide further diversity
of services.
0:52:03 Public Comment
Mayor Pro-tem Krauss opened public comment.
0:52:20 Jim Screnar, Public Comment
Mr. Screnar of 951 North 15th Ave. representing himself and his wife spoke regarding how 15th
is a passageway for the High School parking lot creating a severe burden for this street. He has
spoken to law enforcement regarding speeding drivers and drivers not stopping at the pedestrian
cross-walks. Mr. Screnar said that law enforcement has stated that they do not have the ability to
patrol this area properly. He also feels that a traffic account is needed before this decision is
made because of the high traffic that already exists at the 15th and Oak traffic light. He also
brought up the problem in the winter when cars park on both sides of the street and the plows
have to go around them and the bicycle lane becomes non-existent due to snow build-up around
the cars.
0:56:19 Public Comment closed.
Mayor Pro-tem Krauss closed public comment.
0:57:12 Motion to approve the Walton Homestead Conditional Use Permit Application #2-
08273, Major Modifications to a Planned Unit Development with the Conditions and Code
Provisions as outlined in the staff report.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Walton Homestead
Linked Bozeman City Commission Minutes, January 5, 2009
Conditional Use Permit Application #Z-08273, Major Modifications to a Planned Unit
Development with the Conditions and Code Provisions as outlined in the staff report.
0:57:34 Cr. Rupp
Cr. Rupp spoke regarding the possibility of increased traffic at Oak and 15th.
1:00:45 Mayor Pro-tem Krauss
Mayor Pro-tem Krauss brought up the problem of patrolling the area in question in response to
the previous public comment.
1:01:31 Lieutenant Rich McLane
Mr. McLane explained that it is difficult to patrol that area during the times when the High
School lets out because it is the same time as other area schools let out. They do monitor it from
time to time.
l :02:08 Mayor Pro-tem Krauss
Mayor Pro-tem Krauss asked Mr. McLane if it would be possible to patrol once a week at noon
or when they are coming to or leaving the school.
1:02:26 Mr. McLane
Mr. McLane stated that they do patrol periodically at those times and the more that this problem
is brought to his attention the more they realize it's a problem.
1:03:58 Mr. McLane
Mr. McLane stated that he can get that area into across-walk sting in the winter months.
1:16:54 Vote on the Motion to approve the Walton Homestead Conditional use Permit
application #Z-08273, major modifications to a planned unit development with the
conditions and code provisions outlined in the staff report.
Those voting Ave being Crs. Becker, Bryson and Mayor Pro-tem Krauss.
Those voting No being Cr. Rupp.
The motion carried 3-1.
1:17:47 Break
1:29:17 7. Provisional Adoption of Ordinance No. 1755, Amending Title 18 of the
Bozeman Municipal Code, Level of Service Zone Code Amendment #Z-08267 (Eppley
1:29:32 Mr. Epple
Mr. Epple gave the staff presentation.
1:38:21 Public Comment
Mayor Pro-tem Krauss opened public comment.
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Linked Bozeman City Commission Minutes, January 5, 2009
No person commented.
Mayor Pro-tem Krauss closed public comment.
1:38:28 Motion to provisionally adopt Ordinance No. 1755, Amending Title 18 of the
Bozeman Municipal Code, Level of Service Zonce Code Amendment #Z-08267, and direct
staff to bring back for second reading and final adoption on January 20, 2009.
It was moved by Cr. Becker, seconded by Cr. Bryson to provisionally adopt Ordinance No.
1755, Amending Title 18 of the Bozeman Municipal Code, Level of Service Zonce Code
Amendment #Z-08267, and direct staff to bring back for second reading and final adoption
on January 20, 2009.
Those voting Ave being Crs. Becker, Bryson, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:39:40 8. (Re)Appointments to the Recreation and Parks Advisory Board (Kissel)
1:39:55 Aimee Kissel, Deputy City Clerk
Ms. Kissel gave the staff presentation.
1:42:54 Motion to re-appoint Chris Guy and Adam Fruh to the Recreation and Parks
Advisory Board.
It was moved by Cr. Rupp, seconded by Cr. Becker to re-appoint Chris Guy and Adam
Fruh.
Those voting Ave being Crs. Rupp, Becker, Bryson and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:43:38 Motion to appoint Brenda Truman to the Recreation and Parks Advisory Board.
It was moved by Cr. Bryson, seconded by Cr. Rupp to appoint Brenda Truman to the
Recreation and Parks Advisory Board.
Those voting Aye being Crs. Bryson, Rupp, Becker and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:43:59 Motion to appoint Betty Stroock to the Recreation and Parks Advisory Board.
It was moved by Cr. Rupp, seconded by Cr. Becker to appoint Betty Stroock to the
Recreation and Parks Advisory Board.
Linked Bozeman City Commission Minutes, January 5, 2009
1:44:29 Vote on the motion to appoint Betty Stroock to the Recreation and Parks Advisory
Board.
Those voting Ave being Crs. Rupp, Becker and Bryson.
Those voting No being Mayor Pro-tem Krauss.
The motion carried 3-1.
1:44:42 Motion to appoint Ada Montague to the Recreation and Parks Advisory Board.
It was moved by Cr. Becker, seconded by Cr. Bryson to appoint Ada Montague to the
Recreation and Parks Advisory Board.
Those voting Ave being Crs. Becker, Bryson, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:45:01 Motion to appoint Julie Zickovich to the Recreation and Parks Advisory Board.
It was moved by Cr. Becker, seconded by Cr. Bryson to appoint Julie Zickovich to the
Recreation and Parks Advisory Board.
Those voting Ave being Crs. Becker, Bryson, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:45:58 Mayor Pro-tem Krauss
In discussing the final appointee Mayor Pro-tem Krauss brought up that he liked that Tawnya
Storm brought up the Dinosaur playground and has young children. He felt this was in contrast
to most applicants focus on trails.
1:46:41 Motion to appoint Tawnya Storm to the Recreation and Parks Advisory Board.
It was moved by Cr. Bryson, seconded by Cr. Becker to appoint Tawnya Storm to the
Recreation and Parks Advisory Board.
Those voting Ave being Crs. Bryson, Becker, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:47:04 9. Appointment to the Tree Advisory Board (Kissel)
1:47:19 Motion to appoint Rodney Walter to the Tree Advisory Board.
It was_moved by Cr. Rupp, seconded by Cr. Becker to appoint Rodney Walter to the Tree
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Linked Bozeman City Commission Minutes, January 5, 2009
Advisory Board.
Those voting Ave being Crs. Rupp, Becker, Bryson and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:47:37 10. (Re)Appointments to the Wetlands Review Board (Kissel)
1:47:44 Public Comment
Mayor Pro-tem Krauss opened public comment in regards to any advisory board appointments.
No person commented.
Mayor Pro-tem Krauss closed public comment.
1:48:10 11. (Re)Appointments to the Wetlands Review Board
1:48:18 Motion to re-appoint Lynn Bacon and Cyndi Crayton to the Wetlands Review
Board.
It was moved by Cr. Becker, seconded by Cr. Bryson to re-appoint Lynn Bacon and Cyndi
Crayton to the Wetlands Review Board.
Those voting Ave being Crs. Becker, Bryson, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:48:31 1 L (Re)Appointments to the Zoning Commission (Kissel)
1:48:47 Motion to re-appoint JP Pomnichowski and Nathan Minnick to the Zoning
Commission.
It was moved by Cr. Becker, seconded by Cr. Bryson to re-appoint JP Pomnichowski and
Nathan Minnick to the Zoning Commission.
1:48:53 Mayor Pro-tem Krauss
Mayor Pro-tem Krauss asked if we need to give any dispensation to the legislature regarding
Pomnichotivski's appointment.
1:49:00 Cr. Becker
Cr. Becker responded to Krauss's question by stating that the board does, not the commission.
Minnick is the President Pro-tem. Pomnichowski asked the board permission for an excused
absence for the duration of the legislative session.
1:49:30 Vote on the Motion to re-appoint JP Pomnichowski and Nathan Minnick to the
Zoning Commission.
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Linked Bozeman City Commission Minutes, January 5, 2009
Those voting Ave being Crs. Becker, Bryson, Rugp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:49:53 12. Public Transit Stakeholder's Advisory Board Interlocal Agreement
(Commission)
1:50:07 Cr. Bryson
Cr. Bryson explained that he asked for this item to be placed on the agenda as soon as possible
because the stakeholders are meeting tomorrow to ratify minutes whereby they passed a
resolution to dis-band. If the commission acts to withdraw from the Interlocal Agreement it
formally allows them to dis-band. Board members will assume positions that are available
through HRDC and Streamline and through various sub-boards to continue to create an Urban
Transportation District.
1:51:07 Public Comment
Mayor Pro-tem Krauss opened public comment.
1:51:17 David Kack, Public Comment
Mr. Kack, chairman of the Streamline Advisory Board and ex-officio member of the Public
Transportation Stakeholders Advisory Board said that when the board was formed they managed
a study of the feasibility to start an urban transportation district. What they are doing is
reconstituting the board to define set membership positions for the Bozeman City Commission,
County Commission and Belgrade to appoint positions. This streamlines the process and allows
people to have knowledge of operating the system. It can move out from the umbrella of HRDC
and have the knowledge to run an Urban Transportation District.
1:53:36 Public Comment closed.
Mayor Pro-tem Krauss closed public comment.
1:53:49 Cr. Rupp
Cr. Rupp excused himself from voting on this item.
1:54:02 Motion to withdraw from the Public Transit Stakeholder's Advisory Board
Interlocal Agreement within the time frames provided in the outlined Interlocal
Agreement.
It_was moved by Cr. Bryson, seconded by Cr. Becker to withdraw from the Public Transit
Stakeholder's Advisory Board Interlocal Agreement within the time frames outlined in the
original Interlocal Agreement.
1:55:27 Vote on the motion to withdraw from the Public Transit Stakeholder's Advisory
Board Interlocal Agreement within the time frames provided in the outlined Interlocal
Agreement.
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Linked Bozeman City Commission Minutes, January 5, 2009
Those voting Ave being Crs. Bryson, Becker and Mayor Pro-tem Krauss.
Those voting No being none with Cr. Rupp abstaining.
The motion carried 3-0.
1:55:41 K. FYI/Discussion
1:55:48 1. Reminder of the Policy Meeting on Thursday, January 8, 2009 (Kissel)
Ms. Kissel reminded everyone of the Policy Meeting on Thursday, January 8, 2009.
1:55:55 Mayor Pro-tem Krauss
Mayor Pro-tem Krauss asked if the Mayor would be there and pointed out that two
commissioners would not be there so a quorum may not be present.
1:58:34 Motion and Vote to cancel the January 8th policy meeting and have a policy
meeting within a regularly scheduled commission meeting.
It was moved by Becker, seconded by Rupp to cancel the January 8th policy meeting and
have a policy meeting within a regularly scheduled commission meeting.
Those voting Ave being Crs. Becker, Rupp, Bryson and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:59:01 2. Update on the Orphan Share Fund (Rosenberry)
Anna Rosenberry, Finance Director spoke regarding a letter received by Chris Kukulski on
January 2nd from the Department of Environmental Quality regarding payment to the city on the
Orphan Share Funds before we get to the end. of the project. They are willing to release to the
city a little over $800,000 pending deed restrictions and the item on consent pertaining to this
item.
1:59:28 Cr. Rupp
Cr. Rupp asked if that was 50% of the agreed upon amount and asked about interest.
1:59:39 Ms. Rosenberry
Ms. Rosenberry confirmed that the amount is 50% and that they are not honoring our request for
interest at this point.
1:59:57 3. Mandeville Industrial Tax Increment District (Rosenberry)
Ms. Rosenberry spoke regarding a notice from the Department of Revenue that they will approve
our Mandeville Industrial Tax Increment District for the coming year.
2:00:28 4. Enforcing Parking within Snow Routes (Krauss)
Mayor Pro-tem Krauss brought up a letter received today from Tom treason regarding enforcing
parking laws within snow routes and the problems caused when cars become plowed in and are
not moved.
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Linked Bozeman City Commission Minutes, January 5, 2009
2:01:10 Rich McLane
Lieutenant McLane explained the rules regarding ticketing and towing vehicles and the problem
they have with the extensive time and effort that can be taken up by this problem He spoke to
this concern saying that he would talk with his department and work on a plan to deal with this
issue on the snow routes and e-mail a response to the commissioners.
2:06:18 5. Contingencies for cutting expenditures for the last half of this fiscal year
(Mayor Pro-tem Krauss)
Mayor Pro-tem Krauss asked about preparing contingencies for cutting expenditures for the last
half of this fiscal year.
2:06:53 Ms. Rosenberry
Ms. Rosenberry stated that staff is working on a report in this regards and has this item scheduled
for the January 20th commission meeting.
2:07:04 Mayor Pro-tem Krauss
Mayor Pro-tem Krauss brought up concerns regarding the possibility of a revenue decrease due
to centrally assessed properties decreasing and commercial property that are based on net profit
decreasing. He brought up the idea of setting aside revenue for next year.
2:10:40 Cr. Rupp
Cr. Rupp also requested that the planning and building discussion that is linked into revenue be
placed on the same date.
2:10:56 Ms. Rosenberry
Ms. Rosenberry stated that we had that on the next week but we could try to get those
discussions together.
2:11:23 L. Adjournment
Jef , M yor Pro-tem
ATTEST:
1
Sta y U en, C ty Clerk
PREPARED BY:
Aime Kissel, Deputy City Clerk
Approved on ~ - ~ O - O ~'
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