HomeMy WebLinkAboutFebruary 2, 2009 and February 5, 2009 Policy Meeting Minutes
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 2, 2009 **********************
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, February 2, 2009. Present were Mayor Pro-tem Jeff Krauss, Cr. Sean
Becker, Cr. Eric Bryson, City Manager Chris Kukulski, Finance Director Anna Rosenberry, Planning Director Andy Epple, Assistant City Attorney Tim Cooper, and Deputy City Clerk
Aimee Kissel.
NOTE: Audio for this meeting is unclear. Please refer to the DVD of this meeting for
audio.
0:00:13 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse Mayor Pro-tem Krauss called the meeting to order at 6:00 p.m.
0:00:13 B. Pledge of Allegiance and a Moment of Silence
0:01:00 C. Changes to the Agenda Mayor Pro-tem Krauss asked City Manager Chris Kukulski if there were any changes to the
agenda.
0:01:03 Chris Kukulski, City Manager
Mr. Kukulski stated that he would like to remove item I. 4 from the agenda as it is a mayoral appointment and with Mayor Jacobson not in attendance, would not be appropriate for tonight.
0:01:20 Mayor Pro-tem Krauss
Mayor Pro-tem Krauss asked for a legal opinion on that item, the North Seventh Urban Renewal
Board appointments. He stated that the Bozeman Charter does not permit any appointments that are not called for in state law. He would like staff to get back to him and let him know if this one
in particular is called for in state law.
0:01:49 D. Public Service Announcement - Neighborhood Conservation Club Focus
Group
0:02:00 Eric Wold, City intern working with Brit Fontenot
Mr. Wold a graduate student and city intern, presented information regarding the promotion of
neighborhood conservation club's within the City of Bozeman. He explained that these clubs
would be a forum for neighbors and friends to work together to discuss how to conserve energy and other resources. Inspiration came from a pilot project in Helena by the Alternative Energy
Resources Organization. The focus groups are designed to illicit public comment from Bozeman
residents regarding how they would like to see these clubs work. Mr. Wold invited residents of
the City to come to these focus groups on February 3rd in city hall. Topics include types of
activities, time commitment and potential web-based applications for communications and possibly other clubs as well.
3
Minutes of the Bozeman City Commission Meeting, February 2, 2009
2
0:04:03 E. Authorize Absence of Mayor Jacobson and Cr. Rupp
0:04:05 Motion and Vote
to authorize the absence of Mayor Jacobson and Cr. Rupp .
It was moved by Cr. Becker, seconded by Cr. Bryson to authorize the absence of Mayor Jacobson and Cr. Rupp.
Those voting Aye being Crs. Becker, Bryson and Mayor Pro-tem Krauss.
Those voting No being none.
The motion passed 3-0.
0:04:19 F. Minutes - December 15, 2008
0:04:21 Motion and Vote to approve the minutes from December 15, 2008.
It was moved by Cr. Bryson, seconded by Cr. Becker to approve the minutes from December 15, 2008.
Those voting Aye being Crs. Bryson, Becker and Mayor Pro-tem Krauss. Those voting No being none.
The motion passed 3-0.
0:04:31 G. Consent
1. Authorize Payment of Claims (LaMeres) 2. Authorize Payment of $5,338.63 for the Buttrey's Solvent Site Cost Recovery
(Cooper)
3. Approve a Temporary Beer & Wine License for Bridger Clinic, Inc.(nonprofit) to
sell Beer & Wine at the Emerson Cultural Center (Neibauer)
4. Finally Adopt Ordinance No. 1756, Sundance Business Park II Zone Map Amendment #Z-07208 (Riley)
5. Ratify City Manager's Signature on Professional Services Agreement (An
Agreement for Structural Project Peer Review Services) for plan review of County
Detention Center (Winn)
6. Ratify City Manager's Signature on Professional Services Agreement with Carl Walker Engineering for review of the City of Bozeman Parking Structure (Winn)
0:04:37 Public Comment
Mayor Pro-tem Krauss opened public comment.
No person commented. Mayor Pro-tem Krauss closed public comment.
0:04:41 Motion and Vote
to approve Consent Items G 1-6.
It was moved by Cr. Becker, seconded by Cr. Bryson to approve Consent Items G 1-6.
Those voting Aye being Crs. Becker, Bryson and Mayor Pro-tem Krauss.
4
Minutes of the Bozeman City Commission Meeting, February 2, 2009
3
Those voting No being none.
The motion passed 3-0.
0:04:54 H. Public Comment Mayor Pro-tem Krauss opened public comment.
0:05:09 Mark Tymrak, Police Public Safety Director
Officer Tymrak spoke regarding the public comment made during the January 26, 2009
commission meeting in which the citizen spoke about his dissatisfaction with the way a matter was handled by the police department. Officer Tymrak wanted the commission to know that the matter is under investigation.
0:06:04 Public comment closed.
Mayor Pro-tem Krauss closed public comment. 0:06:11 1. Resolution No. 4143, Establishing Curbside Recycling Collection Fees (Arkell)
0:06:17 Steve Johnson, Solid Waste Superintendent
Mr. Johnson presented the staff report explaining that this resolution has a set of rates to encourage commercial recycling and allow residents to purchase more than one tote or a larger container.
0:14:00 Public comment
Mayor Pro-tem Krauss opened public comment. No person commented. Mayor Pro-tem Krauss closed public comment.
0:14:17 Motion and Vote
to adopt Resolution No. 4143, establishing curbside recycling
collection fees including collection fees submitted as schedule A.
It was moved by Cr. Bryson, seconded by Cr. Becker to adopt Resolution No. 4143, establishing curbside recycling collection fees including collection fees submitted as
schedule A.
0:15:33 Vote on the Motion
to adopt Resolution No. 4143, establishing curbside recycling
collection fees including collection fees submitted as schedule A.
Those voting Aye being Crs. Bryson, Becker and Mayor Pro-tem Krauss.
Those voting No being none.
The motion passed 3-0.
0:15:59 Mr. Kukulski
Mr. Kukulski asked Mr. Johnson what the public can do to help the recycling driver in his duties.
5
Minutes of the Bozeman City Commission Meeting, February 2, 2009
4
0:16:08 Mr. Johnson
Mr. Johnson explained that it is helpful if recycling customers’ separate cardboard vertically and
place everything else at one end of the bin. They prefer that customers use the city provided
container. The $4 fee for additional container is not for the container itself, but rather the processing of additional recycling material.
0:16:50 2. Public Hearing & Adoption of Parts of the Capital Improvements Program
(CIP) for Fiscal Years 2010-2014 (Rosenberry)
0:16:56 Anna Rosenberry, Director of Finance Ms. Rosenberry gave the staff presentation.
0:19:19 Mayor Pro-tem Krauss
Mayor Pro-tem Krauss asked if there were any capital items associated with the closure of the landfill.
0:19:40 Mr. Johnson
Mr. Johnson stated that those monies come out of the closure and post-closure fund that had
already been established. 0:20:03 Cr. Bryson
Cr. Bryson asked for clarification regarding the costs associated with the software listed on the
Solid Waste CIP. A discussion ensued with Mr. Johnson and commissioners regarding the costs
that would be associated with this software and the need for this software by the Solid Waste Division.
0:29:47 Debbie Arkell, Director of Public Service
Ms. Arkell explained that if the discussed software program was approved in the budget at a
future commission meeting a request for proposal would then need to be completed because the software program cost is over $50,000. Once a company was selected the contract would come to the Commission for final approval.
0:31:06 Mayor Pro-tem Krauss
Mayor Pro-tem Krauss stated that he felt the commissioners would have a lot of questions regarding this software package when this item comes before them again.
0:31:27 Mr. Johnson
Mr. Johnson asked if it would be helpful for the Information Technology Department to present a
report on this package when it next comes before the commission. 0:31:37 Mayor Pro-tem Krauss
Mayor Pro-tem Krauss confirmed that all the commissioners present nodded yes to a staff report
from IT when this Solid Waste software is next discussed.
0:31:45 Public Comment Mayor Pro-tem Krauss opened public comment.
6
Minutes of the Bozeman City Commission Meeting, February 2, 2009
5
No person commented.
Mayor Pro-tem Krauss closed public comment.
0:32:00 Motion and Vote
to approve the Solid - Waste Collection Fund within the Capital Improvements Program (CIP) for Fiscal years 2010-2014.
It was moved by Cr. Becker, seconded by Cr. Bryson to approve the Solid - Waste
Collection Fund within the Capital Improvements Program (CIP) for Fiscal years 2010-
2014.
Those voting Aye being Crs. Becker, Bryson and Mayor Pro-tem Krauss. Those voting No being none.
The motion passed 3-0.
0:33:24 Solid Waste - Recycling Fund
Mayor Pro-tem Krauss asked for the presentation regarding the Solid Waste - Recycling Fund
portion of the CIP.
0:33:24 Ms. Rosenberry Ms. Rosenberry presented the staff report for the Solid Waste - Recycling Fund portion of the
Capital Improvements Program.
0:33:25 Public Comment
Mayor Pro-tem Krauss opened public comment. No person commented.
Mayor Pro-tem Krauss closed public comment.
0:34:04 Motion and Vote
to approve the Solid Waste - Recycling Fund within the Capital
Improvements Program (CIP) for fiscal years 2010-2014.
It was moved by Cr. Bryson, seconded by Cr. Becker to approve the Solid Waste - Recycling Fund within the Capital Improvements Program (CIP) for fiscal years 2010-
2014.
Those voting Aye being Crs. Bryson, Becker and Mayor Pro-tem Krauss. Those voting No being none.
The motion passed 3-0.
0:34:04 Street Maintenance District Fund Mayor Pro-tem Krauss opened the Street Maintenance District Fund within the Capital
Improvements Program.
0:34:47 Ms. Rosenberry
Ms. Rosenberry presented the staff report regarding the street maintenance district fund portion of the Capital Improvements Program.
7
Minutes of the Bozeman City Commission Meeting, February 2, 2009
6
0:35:15 Cr. Bryson
Cr. Bryson asked whether this portion of the CIP has ever been looked at for sidewalk
replacement.
0:35:29 John Van Delinder, Street Superintendent Mr. Van Delinder responded that sidewalk replacement had not been placed in this before, but
that was a possibility.
0:36:09 Ms. Arkell Ms. Arkell explained that annually they do budget for sidewalk replacement and repairs within the engineering budget. They identify where this work needs done and then property owners are
required to do that either through the city or on their own. The budgeted money is for the ADA
ramps at the corners and the alleys in between properties.
0:37:20 Public Comment Mayor Pro-tem Krauss opened public comment.
No person commented.
Mayor Pro-tem Krauss closed public comment.
0:37:37 Motion
to approve the Street Maintenance District Fund within the Capital
Improvements Program (CIP) for Fiscal years 2010-2014.
It was moved by Cr. Becker, seconded by Cr. Bryson to approve the Street Maintenance
District Fund within the Capital Improvements Program (CIP) for Fiscal years 2010-2014.
0:37:47 Cr. Bryson
Cr. Bryson felt it might be appropriate to consolidate funds within the CIP for sidewalk
replacement so discussion can occur regarding sidewalks how they should be prioritized,
whether a revolving loan fund or a street improvement district would be appropriate, etc.
0:38:23 Mayor Pro-tem Krauss
Mayor Pro-tem Krauss stated he would not be in favor of a general tax to replace sidewalks.
0:39:40 Vote on the motion to approve the Street Maintenance District Fund within the Capital Improvements Program (CIP) for fiscal years 2010-2014.
Those voting Aye being Crs. Becker, Bryson and Mayor Pro-tem Krauss.
Those voting No being none.
The motion passed 3-0.
0:39:55 Forestry (Tree Maintenance District) Fund
Ms. Rosenberry presented the staff report for the Forestry (Tree Maintenance District) Fund
within the Capital Improvements Program.
0:42:38 Public Comment Mayor Pro-tem Krauss opened public comment.
8
Minutes of the Bozeman City Commission Meeting, February 2, 2009
7
0:42:49 Christian Wilcox, Public Comment
Mr. Wilcox said he thought the chipper looked new. He asked whether the city contracts with a
company out of state.
0:43:41 Mr. Van Delinder Mr. Van Delinder said the chipper Mr. Wilcox saw chipping Christmas trees is the newer chipper
of the two. The older chipper is due for replacement. The city has contracted with Asplen in the
past.
0:44:12 Public comment Closed Mayor Pro-tem Krauss closed public comment.
0:44:17 Motion and Vote
to approve the Forestry (Tree Maintenance District) Fund within
the Capital Improvements Program (CIP) for fiscal years 2010-2014.
It was moved by Cr. Bryson, seconded by Cr. Becker to approve the Forestry (Tree Maintenance District) Fund within the Capital Improvements Program (CIP) for fiscal
years 2010-2014.
Those voting Aye being Crs. Bryson, Becker and Mayor Pro-tem Krauss. Those voting No being none. The motion passed 3-0
.
0:44:35 3. Re-appointment to the Northeast Urban Renewal Board (Kissel)
0:45:12 Aimee Kissel, Deputy City Clerk
Ms. Kissel gave the staff presentation.
0:45:13 Motion and Vote to appoint Nelle Devitt to the Northeast Urban Renewal Board.
It was moved by Cr. Becker, seconded by Cr. Bryson to appoint Nelle Devitt to the Northeast Urban Renewal Board.
Those voting Aye being Crs. Becker, Bryson and Mayor Pro-tem Krauss. Those voting No being none.
The motion passed 3-0.
0:45:13 5. (Re)Appointments to the Cemetery Advisory Board (Kissel)
0:45:31 Motion and Vote
to appoint Lowell Springer and Don Derby to the Cemetery
Advisory Board
It was moved by Cr. Bryson, seconded by Cr. Becker to appoint Lowell Springer and Don
Derby to the Cemetery Advisory Board.
9
Minutes of the Bozeman City Commission Meeting, February 2, 2009
8
0:45:31 Vote on the motion
to appoint Lowell Springer and Don Derby to the Cemetery
Advisory Board.
Those voting Aye being Crs. Bryson, Becker and Deputy Mayor Krauss. Those voting No being none.
The motion passed 3-0.
0:45:46 6. Appointment to the Community Alcohol Coalition
0:45:46 Ms. Kissel Ms. Kissel presented the staff report. She explained that the board has quite a few vacancies, but
the Ordinance governing this board has specific requirements for membership. The board would
like to have both of the applicants join the board but can only have one MSU student appointed
despite the high number of vacancies. The board may choose in the future to come before the board with a revised Ordinance to deal with this issue.
0:45:49 Motion and Vote
to appoint Clare Darrough to the Community Alcohol Coalition.
It was moved by Cr. Becker, seconded by Cr. Bryson to appoint Clare Darrough to the Community Alcohol Coalition.
Those voting Aye being Crs. Becker, Bryson and Mayor Pro-tem Krauss.
Those voting No being none.
The motion passed 3-0.
0:49:07 J. FYI/Discussion
0:49:09 1. Reminder of Policy meeting on Thursday, February 5, 2009 (Kissel)
0:49:09 Ms. Kissel
Ms. Kissel reminded the commissioners of the upcoming policy meeting on Thursday, February
5, 2009.
0:49:10 Andy Epple, Planning Director Mr. Epple informed the commissioners that his office made a determination regarding a
proposed use of a subdivision exemption. The owners are appealing that decision and therefore a
public hearing will be held during the February 17th commission meeting. Code requirement
calls for the applicants appeal application to be given to the commissioners 14 days in advance of
the applicants appeal therefore Mr. Epple gave copies of the appeal application to Deputy City Clerk Kissel for distribution to the commissioners.
0:50:56 Ms. Arkell
Ms. Arkell relayed that on Saturday about 4:30 a.m. a water main broke behind the Hastings
shopping center. About 600,000 gallons of water went down 15th and 16th. Only two structures had a minor amount of water in their basements. The weekend shifts were able to quickly begin
10
Minutes of the Bozeman City Commission Meeting, February 2, 2009
9
work fixing it. It was a tricky fix because it was directly under a 6" gas main, but the repair was
successfully completed.
0:52:10 Cr. Bryson Cr. Bryson asked if the water main break had any effect on the bio-remediation for the test site that surrounds that area and runs north.
0:52:21 Ms. Arkell
A 6" pvc pipe was ripped out but replaced. The Tetra-tech technician was on-site Saturday and said there was no impact on the study site.
0:53:04 Mr. Kukulski
Mr. Kukulski gave the commissioners the hand-out that Mayor Jacobson gave to Senator
Baucus, Senator Tester and Legislature Rehberg. The staff was given technical data and specific data related to the Wastewater Treatment Plant and the two Federal Grant Areas as identified in the weekly report. We did receive very positive feed-back from all three with regard to
understanding the critical nature of the project and that it will eventually be paid for by Bozeman
tax-payers. Most importantly the 16 million can be put right back out to bid within weeks and
we could award those bids within 4-6 weeks if we receive funding. The tertiary filters brought from phase 2 to phase 1 would be ready to bid within 120 to 180 days if we were to receive funding. The Senate is deliberating right now. No dollar figures were discussed by the
representatives.
0:55:19 Mr. Kukulski Brady Wiseman asked if either Mr. Kukulski or someone from the commission could speak in Helena this Thursday Feb. 5th at 3 p.m. during a committee hearing on behalf of energy
efficiency improvement districts that Mr. Wiseman is sponsoring.
0:56:26 Mayor Pro-tem Krauss Mayor Pro-tem Krauss stated that he has looked at other projects whether from the institutions or other cities and the package we've put together that's shovel ready has ecological and economic
impacts that he hasn't seen in other projects. He commended Mr. Kukulski in getting our
package ready and moved forward.
0:57:14 K. Adjournment Mayor Pro-tem Krauss adjourned the meeting at 7 p.m.
________________________________
Jeff Krauss, Mayor Pro-tem
11
Minutes of the Bozeman City Commission Meeting, February 2, 2009
10
ATTEST:
______________________________________ Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Aimee Kissel, Deputy City Clerk
Approved on ___________________________.
12
LINKED POLICY MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 5, 2009 *****************************
The Commission of the City of Bozeman met in the Commission Room, City Hall, 121 North
Rouse on Thursday, February 5, 2009. 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, Staff Attorney Tim Cooper, Planning Assistant Director Chris Saunders, Planner Courtney Kramer and Deputy City Clerk Aimee Kissel.
0:00:13 A. Call to Order - Noon- 1:30 p.m. - City Commission Meeting Room, City Hall,
121 N. Rouse
Mayor called the meeting to order.
0:00:13 B. Pledge of Allegiance and Moment of Silence
0:00:49 C. Public Comment
Mayor Jacobson opened public comment. No person commented.
Mayor Jacobson closed public comment.
0:01:04 D. Round Table Discussion (Identifying potential future agenda items arising
from the prior City Commission Meeting.)
0:01:26 E. Policy Discussion
0:01:27 1. Demolition by Neglect Report (Kramer/Historic Preservation Advisory
Board)
0:01:28 Courtney Kramer
Ms. Kramer gave the staff presentation regarding a demolition by neglect Ordinance the Historic
Preservation Advisory Board has been drafting. Ms. Kramer asked for policy direction from the
commissioners and Mayor. See PowerPoint hand-out for a detailed description of a suggested definition, objectives for the Ordinance, eligibility, and the proposed process. The Board
identified the following policy questions for commission consideration and guidance: Is the
definition of demolition by neglect appropriate? Does the commission accept the application of
this policy to both historic and modern completed properties? Does the commission believe
fines are an appropriate method of enforcement of this ordinance?
0:17:49 Mayor Jacobson
Mayor Jacobson asked Ms. Kramer how many cities around the country have these kinds of
ordinances.
13
Policy Minutes of the Bozeman City Commission, February 5, 2009
2
0:17:54 Ms. Kramer
These types of Ordinances are usually seen in large cities. Butte has the frame-work but not
enforcement in place.
0:19:00 Chris Saunders, Asst. Planning Director This has been receiving more awareness lately because of the current issues related to foreclosed
homes.
0:19:46 Cr. Bryson Cr. Bryson asked how we levy fines to people who may not otherwise be able to keep up their house.
0:19:55Ms. Kramer
The board grappled with that issue extensively. They came to the conclusion that if you can't afford to maintain your property, you should sell it.
0:20:25 Cr. Bryson
Cr. Bryson brought up the concept of property rights.
0:20:49 Cr. Bryson Cr. Bryson asked if this Ordinance would be applicable to public buildings.
0:20:54 Ms. Kramer
Ms. Kramer responded that city property would not be exempt from the Ordinance. 0:21:11 Cr. Bryson
Cr. Bryson asked what resources would be used if the city did need to work on a property that
the owner did not take care of.
0:21:34 Ms. Kramer Ms. Kramer did not have details regarding funding sources.
0:22:17 Mr. Saunders
Over time the city would build up some resources to provide support through the brick and mortar grants that would be offered through the BHPAB.
0:22:55 Cr. Bryson
Cr. Bryson asked about the requirements for a certificate of appropriateness for homes over 50
years old. 0:23:20 Ms. Kramer
Ms. Kramer explained that houses outside of the conservation over-lay will not have to have to
get a certificate of appropriateness.
14
Policy Minutes of the Bozeman City Commission, February 5, 2009
3
0:24:20 Cr. Bryson
Cr. Bryson clarified that every building falling within the demolition by neglect ordinance that is
over 50 years old would need to apply for a certificate of appropriateness. Ms. Kramer
confirmed that was correct. 0:24:50 Ms. Kramer
Ms. Kramer confirmed that the proposed Ordinance would apply for the entire city.
0:25:38 Mr. Saunders Mr. Saunders clarified that if a building did not have an occupancy permit it would not eligible to fall within this ordinance.
0:27:07 Cr. Becker
Cr. Becker asked how to reconcile this gross deviation from existing code violation procedures and whether how this Ordinance would be implemented is legal.
0:27:52 Tim Cooper, Staff Attorney
After reviewing similar ordinances across the nation, Mr. Cooper said that there are generally
two kinds of these ordinances, historical preservation and land-mark designation. There needs to be a substantial relationship with health, safety and morals and protection for public welfare. They usually have an anti-neglect or minimum maintenance provision with affirmative action on
the part of property owners. Some are maintained by building codes. Some have tests that are
applied. One classic test is a noxious use test that tests whether a building is a nuisance created
by neglect. Some have minimum maintenance provisions. They must have consideration of economic hardship and have a number of exceptions or relief valves. The ordinance cannot be to oppressive and must consider economic and technical feasibility. Problems arise if the ordinance
is too vague or has too much discretion. It should be crafted to harmonize with other codes such
as a maintenance code or abatement code, use appropriate tool for the appropriate situation. The
ordinance also needs at least a hearing requirement before levying fines or stepping onto property.
0:35:19 Cr. Becker
Cr. Becker said that maybe it needs to be a minimum maintenance provision to existing building
codes versus a stand-alone policy. The definition sounds very subjective. Cr. Becker felt the definition of demolition by neglect should say before the bullet points, the structural and historical deterioration of:
0:40:51Ms. Kramer
Responding to Cr. Rupp’s inquiries, Ms. Kramer explained that she felt the current code enforcement officer would use this ordinance but estimates of employment time had not been determined.
0:42:37Cr. Rupp
Cr. Rupp voiced concerns that we do not create additional rules that we cannot enforce.
15
Policy Minutes of the Bozeman City Commission, February 5, 2009
4
0:42:50 Mr. Saunders
The recommendation is to use civil penalties not criminal. A civil proceeding can minimize
resource commitment regarding enforcement. The expectation is that this ordinance would not be
used frequently. 0:45:28 Public Comment
Mayor Jacobson opened public comment.
0:45:41Paula Frojae, Building Code Enforcement Ms. Frojae would like everyone to review the international property maintenance code book written by the ICC. It would give the code enforcement officers some teeth. Since we have no
property maintenance code that we have adopted, Ms. Frojae sees roofs that are leaking, mold
problems and all kinds of bad conditions. She can't do anything about them unless they concern
life safety such as lack of fire alarms. Threats of fines within time limits seem to work. She hasn’t needed to go to attorneys in the past.
0:49:22 Richard Brown, Public Comment
Mr. Brown of 507 West Babcock is a member of the Bozeman Area Historic Preservation Board.
Mr. Brown feels that if the city had an Ordinance that had enforcement routes we could spend less time repeatedly going back to a property to get something done. The board doesn't want this to be a hardship to take people's homes. The board approached this ordinance draft with the
thought that it would be used occasionally on significant properties.
0:51:52 Cr. Krauss Cr. Krauss thanked the board and Courtney Kramer for all their work on this draft. Cr. Krauss said that we may need a different set of rules for historic districts and then a different set for
outside of those. The first objective is to preserve neighborhoods. We are really trying to stop
demolition by neglect. Neighbors do mis-behave and try to use the city to hurt neighbors. We
don't want to provide incentives for that kind of behavior or for getting money from this as revenue. Cr. Krauss would be in favor of trying to use the international building maintenance book mentioned by Ms. Frojae and incorporating it into our code. These kinds of fines might be
able to be forwarded to the treasurer for payment. Cr. Krauss said we are really dealing with two
issues here; preservation of existing buildings with historical significance within a historic
district and then the general health and welfare of the city. 1:02:34 Mayor Jacobson
Mayor Jacobson relayed that she is struggling with this issue because of the hardship factors and
the idea that this sounds like the strong arm of the government.
1:03:36 Cr. Bryson Cr. Bryson brought up that there has to be a hearing process and there needs to be a hardship
exemption. Cr. Bryson liked Cr. Krauss's idea that we stick to historic districts with maintenance
standards elsewhere.
16
Policy Minutes of the Bozeman City Commission, February 5, 2009
5
1:08:12 Cr. Rupp
Cr. Rupp brought up that most of the examples used today were more about health and housing
quality standard issues and not really about historic preservation by neglect. He is concerned
that there is no demonstratable incident that causes this intentional neglect. 1:11:29 Cr. Rupp
Cr. Rupp feels we are over-reaching and he still feels concerned about the enforcement aspect
and what it would mean for city staff.
1:14:09 Chuck Winn Mr. Winn clarified that the city does already have the authority through building and fire codes
to handle life and safety code issues.
1:16:13 F. FYI/Discussion 1:16:18 Chris Kukulski
Mr. Kukulski informed everyone that on January 29th the city held internal ethics training by
IMCA. The staff's responded that it was good information but not a great way to get the
information. The charter requires we are performing some internal ethics training and working with MSU for ethics training.
1:18:16 Aimee Kissel
Ms. Kissel responded to the Mayor's question regarding the status of the ethics board by stating
that the ethics board is ready to go but is waiting to meet until the ethic's ordinance is revised. The City Commission made some revisions to the ethic's ordinance in October and those changes need to be drafted. One of those changes was that the ethics board has one year from the time of
their first meeting to draft a hand-book, so they shouldn't meet until the revised Ordinance is
finished. Bob Planalp will come before the commission on February 23rd with that revised
Ordinance. 1:18:49 Mr. Kukulski
Mr. Kukulski spoke regarding discussing in the future whether we want to look into designing
road or utility projects to prepare them to be ready to bid in light of the stimulus package and that
Senator Baucus will be the author of the next transportation bill. 1:20:15 Cr. Rupp
Cr. Rupp asked for clarification regarding whether this is starting the process to be eligible for
funds through the Montana Dept. of Transportation.
1:20:35 Mr. Kukulski Mr. Kukulski confirmed Cr. Rupp's statement.
1:22:15 Mr. Kukulski
Mr. Kukulski explained that he wanted to plant the seed for future discussion about whether to do design work on projects sooner rather than later or other steps that would put us in a better position.
17
Policy Minutes of the Bozeman City Commission, February 5, 2009
6
1:23:18 Debbie Arkell, Public Service Director
Ms. Arkell clarified that Rouse Avenue is a state project. Appropriations earmark that came in
from South 19th was unsolicited. The city was able to secure those funds because we had a
project that was designed and ready to go when funds became available. 1:24:08 Ms. Arkell
A community ready to use 'grab-bag' money is looked at more favorably to receive those types of
funds.
1:24:37 Cr. Krauss Cr. Krauss stated that we need to be careful with new designs to make sure they comply with the
Transportation Plan. He said that he feels we should spend money on College and the types of
projects out there that would qualify for the types of money that Ms. Arkell was discussing.
1:24:55 Cr. Becker Cr. Becker relayed that he went to a meeting yesterday with a woman with Transportation for
America on what was going on with the transportation bill. She said there would be a real multi-
modal emphasis on getting designs prepared.
1:25:31 Cr. Krauss Cr. Krauss said that the Department of Transportation yesterday at the Economic Outlook
Seminar that congestion will be an emphasis, but explained that we don't have congestion in
Montana.
1:26:48 Cr. Becker Cr. Becker asked for a copy of international maintenance code book from ICC that was
mentioned earlier in the meeting.
1:27:26 Mr. Kukulski Mr. Kukulski spoke regarding a County CIP meeting this next Wednesday to look over Sandholm's proposal of the overall law and justice center. That will be presented to the City
Commission next Monday night.
1:28:16 G. Adjournment
________________________________
Kaaren Jacobson, Mayor ATTEST:
______________________________________ Stacy Ulmen, City Clerk
18
Policy Minutes of the Bozeman City Commission, February 5, 2009
7
PREPARED BY:
______________________________________ Aimee Kissel, Deputy City Clerk
Approved on ___________________________.
19