HomeMy WebLinkAboutDecember 15, 2008 MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 15, 2008 *****************************
The Commission of the City of Bozeman met in the Commission Room, City Hall, 121 North
Rouse on Monday, December 15, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr. Sean
Becker, Cr. Eric Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, City Manager Chris Kukulski, Interim
City Attorney Bob Planalp, Finance Director Anna Rosenberry, Planning Director Andy Epple, and City Clerk Stacy Ulmen.
0:09:50 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Jacobson called the meeting to order.
0:09:56 B. Pledge of Allegiance and a Moment of Silence
0:10:32 C. Changes to the Agenda
0:10:39 Mayor Jacobson
Mayor Jacobson pointed out that an additional Public Service Announcement will take place this
evening. She then asked City Manager Chris Kukulski if there were any other changes to the
agenda.
0:10:41 Chris Kukulski, City Manager
Mr. Kukulski stated there were no other changes to the agenda.
0:10:45 E. Minutes-September 29, 2008 and November 10, 2008
0:10:52 Motion and Vote
(to approve the Minutes from September 29, 2008 and November
10, 2008 as submitted).
It was moved by Cr. Rupp, seconded by Cr. Becker (to approve the Minutes from
September 29, 2008 and November 10, 2008 as submitted).
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:11:12 D. Public Service Announcement
4
Linked Bozeman City Commission Minutes, December 15, 2008
2
0:11:21 1. Bozeman Economic Development Plan Survey (Epple)
0:11:28 Andy Epple, Director of Planning
Mr. Epple spoke regarding the Prospera Bozeman Economic Development Plan Survey. They
are soliciting for public view points.
0:13:39 2. Historic Preservation Awards (Kramer)
0:14:04 Courtney Kramer, Staff Liaison to the Bozeman Historic Preservation Advisory Board
Ms. Kramer presented the 14th Annual Preservation Awards that were given to 7 properties for
various categories.
0:18:38 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Acknowledge Receipt of the 2010-2014 Capital Improvements Plan (Rosenberry)
3. Approve Beer and Wine License for Target Corp to sell Beer & Wine at 2550
Catron Street (Neibauer) 4. Approve Beer and Wine or Liquor License Renewals for Calendar Year 2009 (Neibauer)
5. Approve Resolution No. 4137, Certification of Delinquent City Assessments to
the County (Shannon)
6. Approve Resolution No. 4138, Closing a Portion of Alley in Block I, Original Townsite (Kerr)
0:18:45 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:19:07 Motion and Vote to approve Consent Items 1-6.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve Consent Items 1-6.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:19:24 G. Public Comment
Mayor Jacobson opened public comment.
5
Linked Bozeman City Commission Minutes, December 15, 2008
3
0:19:43 Edward Szczypinski, Public Comment
Cr. Rupp praised the Finance Department for their work. This report probably saves the City
money.
Mr. Szczypinski, of 811 West Villard spoke on the behalf of the Bozeman Historic Preservation
Board. He thanked the Commission for their support of the Story Mansion.
0:20:45 Mayor Jacobson
Mayor Jacobson closed public comment.
0:20:55 H. Special Presentation – Recognition of Retirements (Kukulski)
0:21:02 Chris Kukulski, City Manager
Mr. Kukulski went over those that have retired from the City this last year.
0:23:47 Mayor Jacobson
Mayor Jacobson thanked all of the retirees for their service to the City.
0:24:03 I. Action Items
0:24:05 1. Presentation of Comprehensive Annual Financial Report (CAFR) and
Results of Financial Audit for Fiscal Year 2008 (Merrilee Glover, Junkermeir, Clark,
Campanella & Stevens, PC)
0:24:16 Brian LaMeres, City Controller
Mr. LaMeres introduced Merrilee Glover from Junkermier, Clark, Campanella, Stevens, P.C.
Ms. Glover will present the Comprehensive Annual Financial Report.
0:25:03 Merrilee Glover from Junkermier, Clark, Campanella, Stevens, P.C.
Ms. Glover spoke regarding the Independent Audit Accounts Report. This is done for the State
regarding the Building Department. Ms. Glover spoke regarding the Charge of Governance
report and the adjustments. Ms. Glover then highlighted the financial statements. She spoke
regarding page 16 where the City received a Certificate of Achievement. The City has been
awarded this certificate the last 24 years. She then highlighted the Independent Auditors report.
There is a clean opinion. She said that the audit went well this year. Things were timely.
0:34:25 Cr. Krauss
Cr. Krauss stated that he is on the audit committee and they looked at the report last week. We
are a month earlier receiving this document than normal. Cr. Krauss recognized staff.
0:35:17 Cr. Rupp
6
Linked Bozeman City Commission Minutes, December 15, 2008
4
0:36:43 Cr. Rupp
Cr. Rupp spoke regarding budgetary controls and the Story Mansion Federal funds.
0:39:21 Motion to accept the report.
It was moved by Cr. Krauss, seconded by Cr. Bryson to accept the report.
0:39:28 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:39:46 Cr. Krauss
Cr. Krauss spoke regarding the enterprise funds for water/sewer districts (he wasn't sure which)
and the $29 million of donated infrastructure this year alone. Cr. Krauss stated that we may want
to discuss this as you could look at it as a liability because of future replacement/maintenance.
We currently do not charge to do either one in a rational structure.
0:42:20 Vote on the Motion to accept the report.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
Mr. Stueck of 2115 Highland Court stated that he is here on behalf of the Church and Martel
Construction. The Church sent out 24 neighborhood notices. He stated that 90% of the time,
The motion passed 5-0.
0:42:31 2. First Lutheran Parsonage Demolition, 15 East Curtiss Street, Sketch Plan
Certificate of Appropriateness with Demolition Application #Z-08243 (Kramer)
0:42:52 Courtney Kramer, Assistant Planner for Historic Preservation in the Planning
Department
Ms. Kramer presented the staff presentation regarding the First Lutheran Parsonage Demolition,
15 East Curtiss Street, Sketch Plan Certificate of Appropriateness with Demolition Application
#Z-08243. Planning is recommending denial of the application.
0:50:09 Mayor Jacobson
Mayor Jacobson spoke regarding the separate foundation behind the structure.
0:51:34 Don Stueck, Applicant Representative
7
Linked Bozeman City Commission Minutes, December 15, 2008
5
someone wants to build something bigger, but not in this case. The house has outlived its
livability. The sewer backs up into house and church. Mr. Stueck spoke regarding his
disagreement of language written on an evaluation paper regarding the church property.
1:01:55 Larry Hall, Applicant's Representative
Mr. Hall of 212 Martina Spring Road stated that he is the Vice President of the Church. The
Church was originally built in 1936. There was a lot of green space. It would make the Church
more visible to allow the demolition to take place. They are not planning to put a new structure
in the space.
1:04:52 Public Comment
Mayor Jacobson opened Public Comment.
No person commented.
Mayor Jacobson closed Public Comment.
1:05:56 Motion to approve the First Lutheran Parsonage Demolition, 15 East Curtiss
Street, Sketch Plan Certificate of Appropriateness with Demolition Application #Z-08243.
Mayor Jacobson stated that it is a contributing historic structure. She hates to see an affordable
housing unit leave. She regrets having it torn down.
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve the First Lutheran
Parsonage Demolition, 15 East Curtiss Street, Sketch Plan Certificate of Appropriateness
with Demolition Application #Z-08243.
1:06:13 Cr. Rupp
Cr. Rupp spoke regarding the physical limitations of the house. With this, we can keep our
downtown healthy.
1:07:00 Cr. Bryson
Cr. Bryson had a hard time determining why this property would not be compatible as open
space. He supports the motion.
1:08:16 Cr. Krauss
Cr. Krauss spoke regarding the parsonage. It is hard for him not to support the Church. He
supports the destruction.
1:10:30 Cr. Becker
Cr. Becker recognized staff for doing their job. He supports the motion.
1:11:16 Mayor Jacobson
8
Linked Bozeman City Commission Minutes, December 15, 2008
6
1:15:42 Vote on the Motion to approve the First Lutheran Parsonage Demolition, 15 East
Curtiss Street, Sketch Plan Certificate of Appropriateness with Demolition Application #Z-
08243.
Those voting Aye being Crs. Bryson, Rupp, Becker, and Krauss.
Those voting No being Mayor Jacobson.
The motion passed 4-1.
1:15:58 3. Ordinance No.1752, Civil Enforcement of Red Light Violations by Officers
and use of Automated Traffic Signal Camera Enforcement (McLane)
1:16:13 Lieutenant Rich McLane, Bozeman Police Department
Lt. McLane presented the staff presentation regarding Ordinance No.1752, Civil Enforcement of
Red Light Violations by Officers and use of Automated Traffic Signal Camera Enforcement. He
spoke regarding civil and criminal violations along with fines. The fine is setup following the
state's fine.
1:26:52 Cr. Bryson
Cr. Bryson stated his concern of 10.10.380 and the crimes listed and the details. Cr. Bryson
stated his concern of years down the road, what is to say you can't use the technology to cite
people for expired tags? He wants to calm concerns that the City will be looking at citing
everything just because we have cameras at intersections in the City.
1:32:25 Cr. Becker
Cr. Becker spoke regarding 10.10.380 and addresses his concerns but he feels it is still too broad.
Cr. Becker spoke regarding Section B.1 d. and misdemeanor offenses.
1:36:30 Cr. Rupp
Cr. Rupp spoke regarding that this is for behavioral and safety. This is only for entering the
intersection on red. Timing differences are set by the Department of Transportation. He is still
troubled by the fine. He wants to make sure our costs are covered.
1:37:25 Cr. Rupp
Cr. Rupp thinks the fine should be increased.
1:41:30 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
9
Linked Bozeman City Commission Minutes, December 15, 2008
7
1:41:47 Motion to provisionally adopting Ordinance No. 1752, the Civil Enforcement of
Red Light Violations for the use of Automated Traffic Signal Cameras.
It was moved by Cr. Rupp, seconded by Cr. Becker to provisionally adopting Ordinance
No. 1752, the Civil Enforcement of Red Light Violations for the use of Automated Traffic
Signal Cameras.
1:42:07 Cr. Becker
Cr. Becker asked if the Commission would be friendly to amending section 10.10.380, section B
1 D. that reads: “To use as evidence to support an investigation involving but not limited to
crimes such as child abduction, homicide, burglary, robbery or aggravated assaults” striking the
first “an” and then insert “moving violations and/or a felony” to read: “To use as evidence to
support moving violations and/or a felony investigation involving but not limited to..”.
1:42:54 Cr. Krauss
Cr. Krauss asked if there was a second.
1:42:55 Cr. Becker
Cr. Becker stated that his suggestion was not in the form of a motion.
1:43:03 Mark Tymrak, Police Chief
Mr. Tymrak spoke regarding Cr. Becker's suggested language and that not all misdemeanors are
petty crimes.
1:44:59 Amendment to amend 10.10.380 A. Sub b. to allow for immediate viewing of
intersections to investigate serious traffic incidents, and/or fleeing suspects involved in
violent crimes and/or felony offenses and also placed in sub B. d.
It was moved by Cr. Bryson, seconded by Cr. Krauss to amend 10.10.380 A. Sub b. to allow
for immediate viewing of intersections to investigate serious traffic incidents, and/or
(friendly amendment) fleeing suspects involved in violent crimes and/or (friendly
amendment) felony offenses and also placed in sub B. d.
1:45:44 Friendly amendment
Cr. Becker proposed a friendly amendment to add and/or to the amendment.
1:46:00 Cr. Bryson
Cr. Bryson agreed to the friendly amendment.
10
Linked Bozeman City Commission Minutes, December 15, 2008
8
1:46:06 Cr. Krauss
Cr. Krauss accepted the friendly amendment.
1:46:23 Stacy Ulmen, City Clerk
Ms. Ulmen read back the amendment.
1:58:42 Vote on the Amendment to amend 10.10.380 A. Sub b. to allow for immediate
viewing of intersections to investigate serious traffic incidents, and/or fleeing suspects
involved in violent crimes and/or felony offenses and also placed in sub B. d.
Those voting Aye being Crs. Bryson, and Becker.
Those voting No being Crs. Krauss, Rupp, and Mayor Jacobson.
The motion failed 2-3.
1:59:28 Mark Tymrak, Police Chief
Mr. Tymrak stated that the intent of the Commission is clear to the Police Department.
2:03:33 Amendment to direct staff to assist in the spirit of the discussion that we heard
today to tighten up the language in the 2 paragraphs we attempted to amend.
It was moved by Cr. Krauss, seconded by Cr. Bryson to direct staff to assist in the spirit of
the discussion that we heard today to tighten up the language in the 2 paragraphs we
attempted to amend.
2:04:26 Vote on the Amendment to direct staff to assist in the spirit of the discussion that
we heard today to tighten up the language in the 2 paragraphs we attempted to amend.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:04:45 Vote on the Main Motion as Amended to provisionally adopting Ordinance No.
1752, the Civil Enforcement of Red Light Violations for the use of Automated Traffic
Signal Cameras, and to direct Staff to assist in the spirit of the discussion that we heard
today to tighten up the language in the 2 paragraphs we attempted to amend.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
11
Linked Bozeman City Commission Minutes, December 15, 2008
9
2:05:04 4. Unified Development Ordinance Text Amendment Application #Z-08267 to
Modify Level of Service Standards for Intersection Improvements Required in
Conjunction with Development Proposals (Epple)
2:05:16 Mayor Jacobson
Mayor Jacobson declared a break before beginning this item.
2:13:09 4. Unified Development Ordinance Text Amendment Application #Z-08267 to
Modify Level of Service Standards for Intersection Improvements Required in
Conjunction with Development Proposals (Epple)
2:13:13 Andy Epple, Planning Director
Mr. Epple presented the staff presentation regarding the Unified Development Ordinance Text
Amendment Application #Z-08267 to Modify Level of Service Standards for Intersection
Improvements Required in Conjunction with Development Proposals.
2:23:48 Cr. Becker
Cr. Becker wondered if the question of jurisdiction should be added.
2:32:09 Cr. Krauss
Cr. Krauss spoke regarding adaptive reuse. He spoke regarding the differences of the Brewery
and the Campus Square, and the South Towne Square and the Greek Way apartments. If you
pair them up, they are very different. He is leery of granting just because it is an infill
development.
2:35:52 Cr. Krauss
Cr. Krauss spoke regarding neighborhood conservation districts, adaptive reuse and stores going
vacant. The North Seventh Urban renewal district does not fit. He wants staff to think about
this.
2:37:25 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
2:38:29 Motion and Vote
to approve the Text Amendment Application #Z-08267 with the
two additional items for inclusion in the ordinance, per Zoning Resolution #Z-08267 and
direct Staff to address Commission discussion in a staff report or in the body of the
ordinance when it comes back for first reading.
12
Linked Bozeman City Commission Minutes, December 15, 2008
10
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the Text Amendment
Application #Z-08267 with the two additional items for inclusion in the ordinance, per
Zoning Resolution #Z-08267 and direct Staff to address Commission discussion in a staff
report or in the body of the ordinance when it comes back for first reading.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:39:20 5. (Re)Appointments to the Board of Adjustment (Kissel)
2:39:44 Motion and Vote to Re-appoint Cole Robertson and Patricia Jamison to the Board
of Adjustment.
It was moved by Cr. Rupp, seconded by Cr. Krauss to Re-appoint Cole Robertson and
Patricia Jamison to the Board of Adjustment.
Those voting Aye being Crs. Rupp, Krauss, Bryson, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:40:01 6. (Re)Appointments to the Bozeman Area Bicycle Advisory Board (Kissel)
2:40:07 Motion and Vote to (re) appoint Chad Bailey, Elizabeth Bird, Bill Cochran, Jason
Delmue, and Molly Pickall to the Bozeman Area Bicycle Advisory Board.
It was moved by Cr. Becker, seconded by Cr. Krauss to (re) appoint Chad Bailey,
Elizabeth Bird, Bill Cochran, Jason Delmue, and Molly Pickall to the Bozeman Area
Bicycle Advisory Board.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:40:30 7. Appointments to the Bozeman Historic Preservation Advisory Board
(Kissel)
2:40:48 Motion and Vote
to appoint Karen Walsh and Lora Dalton (to the Bozeman
Historic Preservation Advisory Board).
13
Linked Bozeman City Commission Minutes, December 15, 2008
11
It was moved by Cr. Krauss, seconded by Cr. Bryson to appoint Karen Walsh and Lora
Dalton (to the Bozeman Historic Preservation Advisory Board).
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
2:41:04 8. (Re)Appointment to the Gallatin Local Water Quality District Board
(Kissel)
2:41:18 Motion and Vote to re-appoint Bill Hunt (to the Gallatin County Water Quality
District Board).
It was moved by Cr. Krauss, seconded by Cr. Bryson to re-appoint Bill Hunt (to the
Gallatin County Water Quality District Board) .
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:41:33 J. FYI/Discussion
2:41:35 1. Discuss Cancelling the City Commission Meeting on December 22, 2008 due
to the Christmas Holiday (Kukulski/Ulmen)
The Commission agreed that they would like to cancel the meeting.
2:42:05 2. CIP Procedure
Cr. Rupp asked what was next. Mr. Kukulski stated that the Charter requires that the CIP be
delivered by the 15th to the Commission. A staff presentation will take place in January and the
Commission will be asked what process they would like.
2:44:13 3. Staff Thank You regarding the Audit
Mr. Kukulski thanked staff for their work on the Audit.
2:45:03 4. Reminder that Monday, December 29th is cancelled
Ms. Ulmen reminded the Commission that Monday, December 29th is also cancelled.
2:45:45 5. Department of Revenue
Cr. Krauss stated that he and Ms. Rosenberry went to speak with the DOR regarding TIF
districts. He spoke regarding contracting with an attorney regarding TIFs.
14
Linked Bozeman City Commission Minutes, December 15, 2008
12
2:47:58 6. HDR Meeting/Wastewater Treatment Plant
Mr. Kukulski stated that a meeting will be scheduled with the Governor regarding the Stimulus
package.
2:49:25 7. Fire Chief
Mr. Kukulski stated that interviews have been taking place for the Fire Chief.
2:51:10 8. Meeting at Gallatin County Courthouse regarding safety issues at Hyalite.
Cr. Becker suggested that someone attend a meeting at the Courthouse regarding safety concerns
at Hyalite.
2:54:44 K. Adjournment
Mayor Jacobson adjourned the meeting at 8:53 p.m.
____________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________ Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________.
15