HomeMy WebLinkAbout12-08-08_September 15, 2008 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. *****************************
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 22nd, 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 22nd.
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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 Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
Those voting No being none.
1. Authorize Payment of Claims (LaMeres)
The motion passed 5-0.
E. Consent
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 Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being none. The motion carried 5-0.
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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 Comment 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.
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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 Aye 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.
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Cr. Rupp
Cr. Rupp spoke regarding his frustration 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 Aye being Crs. Krauss, Becker, Bryson, and Mayor Jacobson. Those voting No being Cr. Rupp.
The motion passed 4-1.
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.
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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 Aye 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.
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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. Bryson 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 Aye being Crs. Rupp. Bryson, Krauss, Becker, and Mayor Jacobson. Those voting No being none.
The motion passed 5-0.
Break
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 (Tymrak) Motion to open and continue Resolution No. 4129 to September 22, 2008.
It was moved by Cr. Bryson, 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 22nd and would like it
moved to a date that he could attend.
Amendment to the Main Motion to substitute the 29th instead of the 22nd. An Amendment to the Main Motion was made by Cr. Rupp, seconded by Cr. Bryson to
substitute the 29th instead of the 22nd.
Vote on the Amendment to the Main Motion to substitute the 29th instead of the 22nd.
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Those voting Aye being Crs. Rupp, Bryson, Krauss, and Becker.
Those voting No being Mayor 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 Aye 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 Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor 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.
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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 Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor 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. Bryson to adopt Resolution No. 4127.
Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor 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.
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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 Aye 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).
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It was moved by Cr. Krauss, seconded by Cr. Becker to cancel next week’s meeting
(September 22, 2008).
Those voting Aye being Crs. Krauss, Becker, Rupp, and Bryson .
Those voting No being Mayor Jacobson.
1. Ribbon Cutting for the new City Hall
The motion passed 4-1.
H. FYI/Discussion
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
2. Community Tour
. Ms. Rosenberry suggested that the Commission may want to consider having a celebration for the new Commission Room instead.
Cr. Krauss asked that items that were brought up during the Community Tour on September 8th 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.
____________________________________
Kaaren Jacobson, Mayor
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ATTEST:
______________________________________ Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________ Stacy Ulmen, City Clerk
Approved on ___________________________.
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