HomeMy WebLinkAbout2008-10-06 Regular Meeting Minutes1 ..
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 6, 2008
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main on Monday, October 6, 2008 at 6 p.m. Present were Mayor Kaaren
Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, Finance
Director/Acting City Manager Anna Rosenberry, Interim City Attorney Bob Planalp, Planning
Director Andy Epple, and City Clerk Stacy Ulmen.
0:03:28 A. Call to Order - 6 p.m. -Community Room, Gallatin County Courthouse, 311
West Main Street
Mayor Jacobson called the meeting to order at 6:01 p.m.
0:03:31 B. Pledge of Allegiance and a Moment of Silence
0:04:17 Changes to the Agenda
Mayor Jacobson asked Acting City Manager Anna Rosenberry if there were any changes to the
agenda.
0:04:23 Ms. Rosenberry
Ms. Rosenberry stated that there are no changes to the Agenda.
0:04:30 C. Minutes -August 8, 2008 Special Meeting
0:04:39 Motion and Vote (to approve the minutes of August 8, 2008 Special Meeting as
submitted).
It was moved by Cr. Becker, seconded by Cr. Rupp (to approve the minutes of August 8,
2008 Special Meeting as submitted).
Those voting Ave being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
0:04:51 D. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign a Public Access Easement for the Stockman Bank
Project (Heaston)
Linked Bozeman City Commission Minutes, October 6, 2008
3. Authorize City Manager to sign Public Access Easement for Larkspur
Condominiums (Stodola)
4. Authorize City Manager to sign Amendment No. 3, Professional Services
Agreement for Water Renovations Survey Project (Murray)
5. Approve Cr. Rupp as the Commission Liaison to the Northeast Urban
Renewal Board (Ulmen)
6. Approve the Building Report for August 2008 (Doerksen)
7. Approve Christie Fields Concessions/Restrooms Site Plan Application #Z-08211
with the Conditions and Code Provisions as outlined in the Staff Report (Riley)
8. Finally adopt Ordinance No. 1744, Establishing Procedures for Tax Abatement
for Historic Preservation (Saunders)
9. Finally adopt Ordinance No. 1748, Amending Chapter 2.96 Bozeman Senior
Citizens' Advisory Board of the Bozeman Municipal Code (Ulmen)
10. Finally adopt Ordinance No. 1751, Knolls at Hillcrest Zone Map Amendment #Z-
08119 (Riley)
0:04:58 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:05:13 Motion and Vote to approve Consent Items D. 1-10.
It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Consent Items D. 1-10.
Those voting Ave being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
0:05:29 E. Public Comment
Mayor Jacobson opened public comment.
0:05:49 Roger Stoltzfus, Public Comment
Mr. Stoltzfus 619 North Willson spoke regarding ice rinks and the Bogert Park pavilion. Under
the surface, it has become rough and broken up and it is uneven. One area is very low and this
creates some problems.
0:09:02 Mayor Jacobson
Mayor Jacobson stated that she will pass this information on to the Park and Recreation Director
and Superintendent.
Linked Bozeman City Commission Minutes, October 6, 2008
0:09:13 Mr. Stolzfus
Mr. Stolfus stated that he thought that there was a fund to take care of the ice rinks.
0:09:56 Brian Leeland, Public Comment
Mr. Leeland of 528 North Bozeman spoke regarding his letter to the editor regarding the jail.
0:12:21 Jeff Paul, Public Comment
Mr. Paul of 232 South Wallace spoke regarding the surface for the ice rink. It needs to be
redone. Spoke regarding the band shell and referred to the Parks Master Plan. Spoke regarding
the Red Light Cameras. He is opposed to them.
0:15:16 Public Comment closed.
Mayor Jacobson closed public comment.
0:15:30 F. Special Presentation -Vandalism and Graffiti Task Force Update (Chris
Naumann, Member of the Vandalism and Graffiti Task Force and Executive Director of
the Downtown Bozeman Partnership)
0:15:50 Chris Naumann, Member of the Vandalism and Graffiti Task Force and Executive
Director of the Downtown Bozeman Partnership
Mr. Naumann presented a special presentation regarding an update of the Vandalism and Graffiti
Task Force. This task force began to meet in May of 2008. He listed the members of the task
force. They adopted a mission statement and identified 5 objectives.
0:23:11 G. Action Items
0:23:17 1. Resolution No. 4128, Amending Appropriation Resolution No. 4121 for
Fiscal Year 2008-2009, opened and continued from September 15, 2008 (Rosenberry)
0:23:31 Anna Rosenberry, Finance Director
Ms. Rosenberry presented the staff report regarding Resolution No. 4128, Amending
Appropriation Resolution No. 4121 for Fiscal Year 2008-2009. This item was originally
discussed on September 15th. There are two proposed amendments which include $78,500 for
the Planning Funds Deficit, and $356,500 related to Leeds Certification costs pertaining to the
City Hall Remodel project.
0:24:32 James Goehrung, Superintendent of Facilities
Mr. Goehrung went over his staff memo regarding the Leeds certification. This includes
breakdown of the specific cost components related to the certification.
Linked Bozeman City Commission Minutes, October 6, 2008
0:26:46 Cr. Becker
Cr. Becker questioned the payback periods and asked about energy costs.
0:28:45 Cr. Bryson
Cr. Bryson spoke regarding the consulting fees.
0:30:13 Cr. Bryson
Cr. Bryson spoke regarding energy savings.
0:30:28 Mr. Goehrung
Mr. Goehrung spoke regarding reports that will need to be submitted to Leeds, and tracking
energy use.
0:31:05 Cr. Krauss
Cr. Krauss asked that the commissioning fee be explained.
0:31:11 Mr. Goehrung
Mr. Goehrung spoke regarding the commissioning fees and added that a firm will go through the
building when it is open for operation.
0:32:53 Mr. Goehrung
Mr. Goehrung stated that Leeds requires a commissioning agent.
0:34:36 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:34:49 Motion to approve Resolution No. 4128, Amending Appropriation Resolution No.
4121 for Fiscal Year 2008-2009.
It was moved by Cr. Bryson, seconded by Cr. Krauss to approve Resolution No. 4128,
Amending Appropriation Resolution No. 4121 for Fiscal Year 2008-2009.
0:35:30 Cr. Bryson
Cr. Bryson stated that not everything needs to be .Leeds. We should always look at ways to
reduce energy.
0:36:43 Cr. Krauss
Cr. Krauss stated that there other green standards besides Leeds.
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linked Bozeman City Commission Minutes, October 6, 2008
0:38:25 Cr. Rupp
Cr. Rupp spoke regarding the 60/40 split to purchase the building.
0:39:14 Amendment to the Main Motion to apply the same percentage (60/40) to the
$325,548 costs related to the Leed Certification of the old library (following the same set up
that was used to purchase the building).
An Amendment was made by Cr. Rupp, seconded by Cr. Becker to amend the main motion
to apply the same percentage (60/40) to the $325,548 costs related to the Leed Certification
of the old library (following the same set up that was used to purchase the building).
0:40:57 Cr. Krauss
Cr. Krauss asked about the remodel costs and if they are being split 60/40.
0:41:15 Ms. Rosenberry
Ms. Rosenberry stated that none of the costs were planned to come from the solid waste fund.
0:43:33 Cr. Krauss
Cr. Krauss suggested that the City could sell the snow fill area if needed.
0:44:38 Cr. Rupp
Cr. Rupp reiterated that the purpose of the amendment.
0:45:23 Vote on the Amendment to the Main Motion to apply the same percentage (60/40)
to the $325,548 costs related to the Leed Certification of the old library (following the same
set up that was used to purchase the building).
Those voting Ave being Crs. Rupp, Becker, Krauss, and Mayor Jacobson.
Those voting No being Cr. Bryson.
The motion carried 4-1.
0:45:34 Vote on the Main Motion as Amended to approve Resolution No. 4128, Amending
Appropriation Resolution No. 4121 for Fiscal Year 2008-2009.
Those voting Ave being Crs. Bryson, Krauss, Becker, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
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Linked Bozeman City Commission Minutes, October 6, 2008
0:46:00 2. Resolution No. 4131, Annual Assessment for Business Improvement District
for Fiscal Year 2009 (Rosenberry)
0:46:09 Ms. Rosenberry
Ms. Rosenberry presented the staff report regarding Resolution No. 4131, Annual Assessment
for Business Improvement District for Fiscal Year 2009. This is a standard annual assessment.
0:47:00 Chris Naumann, Executive Director if the Downtown Bozeman Partnership
Mr. Naumann asked if there were any questions regarding the BID Work plan.
0:47:20 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:47:30 Motion and Vote to approve Resolution No. 4131, Annual Assessment for Business
Improvement District for Fiscal Year 2009.
It was moved by Cr. Krauss, seconded by Cr. Becker to approve Resolution No. 4131,
Annual Assessment for Business Improvement District for Fiscal Year 2009.
Those voting Ave being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
0:48:01 3. Options for Bogert Band Shell (Dingman)
0:48:09 Ron Dingman. Director of Parks and Recreation
Mr. Dingman gave the staff presentation regarding Options for Bogert Band Shell. Mr. Dingman
presented a background of the band shell. This band shell was built in 1939. A band fund was
created in 1942. Mr. Dingman spoke regarding the current deficiencies at the band shell.
1:01:16 Mr. Dingman
Mr. Dingman stated that there is a group that is willing to take part in fundraising efforts.
1:03:35 Mayor Jacobson
Mayor Jacobson wondered if the new design included logs.
1:03:40 Mr. Dingman
Mr. Dingman spoke regarding the conceptual design.
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Linked Bozeman City Commission Minutes, October 6, 2008
1:04:18 Mr. Dingman
Mr. Dingman spoke regarding moving the band shell.
1:05:12 Mayor Jacobson
Mayor Jacobson spoke regarding the current foundation.
1:05:19 Mr. Dingman
Mr. Dingman stated that there currently is a concrete foundation.
1:06:19 Mr. Dingman
Mr. Dingman explained that if the band shell was moved, it would be renovated.
1:07:33 Mr. Dingman
Mr. Dingman stated that he believed that there is currently $69,500 of monies available at this
time.
1:07:40 Ms. Rosenberry
Ms. Rosenberry stated that the monies were carried over to this fiscal year's budget. There is
also $5,000 in the Parks Special Revenue fund.
1:10:02 Public Comment
Mayor Jacobson opened public comment.
1:10:20 Ms. McGee. Public Comment
Ms. McGee of 332 South Church stated that she runs the Bogert Farmers market. She spoke
with user groups who feel that the City needs to build something that more groups could utilize.
The sound goes up instead of out. The size of the stage is too small.
1:13:46 Public Comment closed
Mayor Jacobson closed public comment.
1:14:23 Mr. Epple
Mr. Epple explained that the Recreation and Parks Advisory Board is recommending that the
band shell be demolished and a new one be constructed south of the existing one. The Historic
Preservation Board is recommending renovation and rehabilitation in the current location and
possibly slightly moved.
1:18:03 Mayor Jacobson
Mayor Jacobson spoke regarding Historic Preservation funds.
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Linked Bozeman City Commission Minutes, October 6, 2008
1:18:17 Mr. Epple
Mr. Epple stated that Historic Preservation funds are being explored.
1:18:28 Mayor Jacobson
Mayor Jacobson stated that she has researched some grants and the City is eligible.
1:20:41 Mr. Epple
Mr. Epple stated that some money would need to be put into the band shell to make it operational
for the next few years while fund raising is underway.
1:21:28 Cr. Bryson
Cr. Bryson spoke regarding the shortfall of the funds needed to renovate, demolish, or
reconstruct the band shell. The City should look at the least expensive proposal.
1:22:20 Cr. Rupp
Cr. Rupp stated that the original plan makes sense. Should look at the least expensive option,
possibly the original option to use the $60-$70,000 and build it where it is. However, he does
support moving it so it is more centrally located. He agrees with Cr. Bryson that the City should
look at the least expensive option.
1:22:59 Mayor Jacobson
Mayor Jacobson spoke regarding her concern of the current foundation.
1:24:36 Mayor Jacobson
Mayor Jacobson stated that it would be great to raise the $480,000 to build a new band shell but
is concerned with the way the economy is, this may be difficult.
1:24:55 Cr. Rupp
Cr. Rupp stated that City should stay with what we have.
1:25:09 Mayor Jacobson
Mayor Jacobson stated that she supports moving the band shell and putting it on a decent
foundation and renovating the structure.
1:26:01 Mayor Jacobson
Mayor Jacobson stated that she supports seeking grant funds.
1:26:05 Cr. Krauss
Cr. Krauss stated that we need to do immediate repair work on the facility. Spoke regarding
taking the structure back to its original state since it is a historical structure. He supports
Linked Bozeman City Commission Minutes, October 6, 1008
fundraising efforts that could be used for a new band shell elsewhere in the City or possibly take
the old band shell and move somewhere.
1:39:36 Cr. Krauss
Cr. Krauss spoke regarding the $69,500 he would like it moved from the General Fund into the
Band Account.
1:41:18 Cr. Krauss
Cr. Krauss stated he would like to see the band shell maintained and function the way it has been
functioning.
1:43:27 Cr. Becker
Cr. Becker stated that he supports the fundraising efforts. He would support moving the facility.
1:45:28 Break
1:56:28 4. 19th and Main Redevelopment/CVS Pharmacy Master Site Plan, Site Plan,
Certificate of Appropriateness, with Deviations Application 19th #Z-08206 (Krueger)
1:56:45 Brian Krueger, City Planner
Mr. Krueger presented the staff presentation regarding the 19th and Main Redevelopment/CVS
Pharmacy Master Site Plan, Site Plan, Certificate of Appropriateness, with Deviations
Application 19th #Z-08206. Staff is recommending approval with conditions and code provisions
listed in the staff report.
2:16:40 Cr. Rupp
Cr. Rupp spoke regarding the corner of 19th and Main.
2:18:30 Cr. Becker
Cr. Becker spoke regarding the size of the signage proposed.
2:21:43 Cr. Becker
Cr. Becker spoke regarding the lighting plan.
2:22:00 Mr. Krueger
Mr. Krueger stated that the lighting plan meet the standards.
2:22:41 Cr. Bryson
Cr. Bryson asked if a traffic study was done.
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Linked Bozeman City Commission Minutes, October 6, 2008
2:22:46 Mr. Krueger
Mr. Krueger stated that there was a traffic study submitted with the application.
2:23:35 Dustin Johnson, Project Engineer
Mr. Johnson stated the City does not have any more right of way to expand the failing
intersection.
2:27:09 Cr. Bryson
Cr. Bryson spoke regarding MDT and signalized intersections.
2:28:05 Cr. Rupp
Cr. Rupp spoke regarding the phasing of the project.
2:29:48 Susan Kozub, Intrinsik Architecture
Ms. Kozub explained that she is the applicant representative. There are a few changes since the
informal presentation last spring including sidewalks on 19th which are proposed to be moved
closer to the buildings, improvements to landscaping, and the building facade. They would like
to eliminate condition number 16.
2:36:01 Public Comment
Mayor Jacobson opened public comment.
2:36:17 Ann Thoreson, Public Comment
Ms. Thoreson of 320 North 21st stated that she lives in the neighborhood close by and she is
concerned about the increase of traffic.
2:39:14 Public Comment closed
Mayor Jacobson closed public comment.
2:50:32 Mayor Jacobson
Mayor Jacobson spoke regarding Condition 16.
2:56:45 Motion to approve the 19th and Main redevelopment, CVS Pharmacy Master Site
Plan with the conditions and code provisions outlined in the staff report amending
condition 16 to read that the comprehensive signage plan shall state that all signage lights
shall be turned off 11 p.m., 6 a.m. or close of business, whichever is later and eliminate code
provision U.
It was moved by Cr. Becker, seconded by Cr. Rupp to approve the 19th and Main
redevelopment, CVS Pharmacy Master Site Plan with the conditions and code provisions
10
Linked Bozeman City Commission Minutes, October 6, 2008
outlined in the staff report amending condition 16 to read that the comprehensive signage
plan shall state that all signage lights shall be turned off 11 p.m., 6 a.m. or close of business,
whichever is later and eliminate code provision U.
3:01:49 Cr. Becker
Cr. Becker spoke regarding the traffic study.
3:04:06 Vote on the Motion to approve the 19th and Main redevelopment, CVS Pharmacy
Master Site Plan with the conditions and code provisions outlined in the staff report
amending condition 16 to read that the comprehensive signage plan shall state that all
signage lights shall be turned off 11 p.m., 6 a.m. or close of business, whichever is later and
eliminate code provision U.
Those voting Ave being Crs. Becker, Rupp, Bryson, and Krauss.
Those voting No being Mayor Jacobson.
The motion passed 4-1.
3:04:19 Motion to approve the 19th and Main redevelopment, CVS Pharmacy Site Plan,
Certificate of Appropriateness, with Deviations Application #Z-08206 with the conditions
and code provisions outlined in the staff report changing condition 16, after turned off to
include 11 p.m.-6 a.m. or close of business whichever is later as per the last motion and
eliminate code provision U.
It was moved by Cr. Becker, seconded by Cr. Rupp to approve the 19th and Main
redevelopment, CVS Pharmacy Site Plan, Certificate of Appropriateness, with Deviations
Application #Z-08206 with the conditions and code provisions outlined in the staff report
changing condition 16, after turned off to include 11 p.m.-6 a.m. or close of business,
whichever is later (as per the last motion) and eliminate code provision U.
3:07:51 Vote on the Motion to approve the 19th and Main redevelopment, CVS Pharmacy
Site Plan, Certificate of Appropriateness, with Deviations Application #Z-08206 with the
conditions and code provisions outlined in the staff report changing condition 16, after
turned off to include 11 p.m., 6 a.m. or close of business whichever is later as per the last
motion and eliminate code provision U.
Those voting Ave being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
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Linked Bozeman City Commission Minutes, October 6,1008
3:08:08 5. Babcock Meadows Lot 70 Minor Subdivision Preliminary Plat #P-08010
(Bristor)
3:08:21 Mr. Epple
Mr. Epple presented the staff report regarding the Babcock Meadows Lot 70 Minor Subdivision
Preliminary Plat #P-08010. Staff is recommending approval based on the Planning Board's
recommendation of conditional approval.
3:12:26 Brendan Henry, C & H Engineering and Surveying, Inc., Applicant Representative.
Mr. Henry of C & H Engineering presented the applicant's presentation.
3:13:19 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
3:13:30 Motion and Vote to conditionally approve the Lot 70 Babcock Meadows Minor
Subdivision #P-08010 based on the Planning Board's Recommendations of conditional
approval, with the conditions listed on Page 2.
It was moved by Cr. Rupp, seconded by Cr. Bryson to conditionally approve the Lot 70
Babcock Meadows Minor Subdivision #P-08010 based on the Planning Board's
Recommendations of conditional approval, with the conditions listed on Page 2.
Those voting Ave being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
3:14:35 H. FYI/Discussion
3:14:39 1. Last meeting at Courthouse
Cr. Krauss spoke regarding the great partnership with the County for the use of the Community
Room over the last few years. The first televised meeting took place in the room.
3:15:52 2. October 13, 2008 Commission meeting
Ms. Ulmen stated that an executive session will take place at 6 p.m. and the regular meeting will
begin at 6:30 p.m.
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Linked Bozeman City Commission Minutes, October 6, 2008
3:16:24 3. Acting City Manager
Police Chief Mark Tymrak will be the acting City Manager on October 9th and 10th. Ms.
Rosenberry will be at the League Conference in Missoula.
3:17:05 4. Cr. Bryson's daughter's one year anniversary
Cr. Bryson stated that today is his daughter's one year anniversary. Happy Birthday!
3:17:27 5. Fox Business Channel regarding Economic Report
Mayor Jacobson stated that she was contact from the producer of the Fox business channel who
are considering featuring the City of Bozeman's Economy. If they chose Bozeman they would
want $19,700 because the airing would benefit the City. The Commission suggested contacting
other entities such as the Chamber to contribute funds. Mayor Jacobson asked if the Commission
would be interested in allocating funds. Cr. Krauss would like to see the contract.
3:22:01 6. Affordable Housing
Cr. Rupp stated that he was a meeting in White Sulphur Springs, and is proud that Bozeman is a
leader in taking the initiative in affordable housing as other Cities have not.
3:23:37 7. Jail Bond Forum
Mr. Fontenot reminded the Commission of the Jail Bond Forums coming up.
3:26:13 8. Charter Ethics Training
Cr. Krauss stated that the Charter requires that the Commission take part in Ethics training. This
has not taken place. Cr. Krauss suggested the Local Government Center at MSU. Cr. Bryson
suggested Chris Grey.
3:28:21 I. Adjournment
Mayor Jacobson adjourned the meeting at 9:36 p.m.
1 f\ ~
G~- -~
Kaaren Jacobson; Mayor
ATTEST:
to U men, ity Clerk
PREPARED BY:
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Linked Bozeman City Commission Minutes, October 6, 2008
Sta y U en, ity Clerk
Approved o
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