HomeMy WebLinkAboutMay 18, 2009 Minutes
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 18, 2009
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, May 18, 2009. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr.
Sean Becker, Cr. Eric Bryson, City Manager Chris Kukulski, Assistant City Manager Chuck
Winn, Finance Director Anna Rosenberry, Planning Director Andy Epple, Assistant Planning
Director Chris Saunders, City Attorney Greg Sullivan, and City Clerk Stacy Ulmen.
0:00:04 A. Call to Order – 6 p.m. – City Commission Room, City Hall, 121 North Rouse
Mayor Jacobson called the meeting to order.
0:00:06 B. Pledge of Allegiance and a Moment of Silence
0:00:41 C. Changes to the Agenda
Mayor Jacobson asked City Manager, Chris Kukulski if there were any changes to the agenda.
0:00:46 Chris Kukulski, City Manager
Mr. Kukulski requested that item J. 2, Recovery Act Energy Efficiency Conservation Block
Grant (EECBG) Funding Plan be opened and continued because some new information has been
received regarding the Grant.
0:01:27 E. Authorize Absence of Cr. Rupp
0:01:30 Motion and Vote approving the absence of Cr. Rupp.
It was moved by Cr. Becker seconded by Cr. Krauss to approve the absence of Cr. Rupp.
Those voting Aye being Crs. Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
0:01:42 F. Minutes – March 23, 2009 and April 9, 2009 Policy Meeting
0:01:48 Motion and Vote to approve March 23, 2009 and April 9, 2009 (Policy Meeting)
Meeting Minutes.
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It was moved by Cr. Krauss, seconded by Cr. Bryson to approve March 23, 2009 and April
9, 2009 (Policy Meeting) Meeting Minutes.
Those voting Aye being Crs. Krauss, Bryson, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
0:02:01 G. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign Release and Reconveyance of Sewer Pipeline
Easement for the Spring Creek Alzheimer Care Development (Bozeman Partners
LLC) (Heaston)
3. Approve Resolution No. 4169, Alteration/Modification of Contract with
Envirocon Inc. and Authorize City Manager to sign related Change Order No. 3,
CMC East Main Depot Asbestos Cleanup Fence Replacement (Johnson)
4. Approve Resolution No. 4168 Creating, Capitalizing, and Establishing the
Guidelines for the Bozeman Blast Clean-Up Loan Fund; Authorize City Manager
to Sign Participation Agreement with NorthWestern Energy for a $50,000
contribution to the Fund; and Authorize City Manager to Sign Separate
Memorandums of Agreement with Ralph Ferraro, Robert Sanks, Ann C. Bates,
and the Gallatin Post #14 of the American Legion for Disbursement of Fund
Monies (Sullivan)
0:02:08 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:02:20 Motion and Vote to approve Consent Agenda Items G.1 through 4.
It was moved by Cr. Bryson, seconded by Cr. Becker to approve Consent Agenda Items
G.1 through 4.
Those voting Aye being Crs. Bryson, Becker, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
0:02:34 H. Public Comment
Mayor Jacobson opened public comment.
0:02:50 Brian Caldwell, Public Comment
Mr. Caldwell of 600 North Wallace Loft 3, spoke regarding the request from Empire Building
Materials requesting that the Commission reclaim review authority from the Board of
Adjustments. He feels that it is appropriate for the Commission to review the application as
they are just trying to move the project along.
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0:04:36 Owner of Looie's Down Under, Public Comment
The owner of Looie's Down Under stated that he has concerns regarding downtown. With the
economy, he wants to know what the City is doing to get folks downtown. He spoke regarding
road construction and parking lots. He would like to be better informed.
0:07:31 Bob Risk, Public Comment
Mr. Risk of 8628 Huffine Lane spoke regarding his comments that took place at a recent public
meeting where he referenced specific building division staff information. He offered an apology.
0:08:03 Laura Dalton, Public Comment
Ms. Dalton 201 South 6th Avenue stated that she is representing the Bozeman Historic
Preservation Advisory Board spoke regarding Preservation days. She went over the full schedule
of events.
0:10:59 Public Comment closed.
Mayor Jacobson closed public comment.
0:11:07 D. Public Service Announcement – Website Access for City Notices (Saunders)
0:11:30 Chris Saunders, Assistant Planner
Mr. Saunders spoke regarding the location of Public Notices on the web.
0:13:18 I. Special Presentation – 2009 State of the Neighborhoods Presentation
0:13:33 Mary Cloud Ammons, Inter-Neighborhood Council Chair
Ms. Ammons stated that she is the Chair of the INC. She displayed a map showing the
Neighborhood Associations. She hopes to highlight interconnectivity of the Neighborhoods.
She read the Vision Statement and stated that there are 8 Neighborhood Associations. She
expressed thanks to Neighborhood’s Coordinator Brit Fontenot.
0:23:24 Cliff Chism, Bogert Park Neighborhood Association
Mr. Chism spoke regarding the Bogert Park Neighborhood Association which is the newest
Neighborhood Association. This was finalized in January of 2009. The website has been helpful
for the Neighbors.
0:24:50 Mayor Jacobson
Mayor Jacobson spoke regarding the Neighborhood participation.
0:25:05 J. Action Items
0:25:10 1. Resolution No. 4167, Amending the Cemetery Fees Charged for the Sunset
Hills Cemetery (White)
0:25:23 Thom White, Superintendent of Parks and Cemetery
Mr. White gave the staff presentation regarding Resolution No. 4167, amending the Cemetery
Fees Charged for the Sunset Hills Cemetery. Staff is requesting that 10% increase over the next
2 years.
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0:28:40 Cr. Bryson
Cr. Bryson spoke regarding the breakdown of actual costs and asked that these be identified.
0:29:05 Mr. White
Mr. White stated that there are 3 full time employees in the cemetery.
0:30:08 Anna Rosenberry, Director of Finance
Ms. Rosenberry spoke regarding the staff that is funded from the cemetery fees.
0:30:37 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:30:59 Motion to approve Resolution No. 4167, amending the Cemetery Fees charged for
the Sunset Hills Cemetery.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve Resolution No. 4167,
amending the Cemetery Fees charged for the Sunset Hills Cemetery.
0:31:17 Cr. Bryson
Cr. Bryson spoke regarding sustaining the funding at 75% subsidy. Can we keep this in the
future? He would like it to say it is self supporting at 25%.
0:33:28 Vote on the Motion to approve Resolution No. 4167, amending the Cemetery Fees
charged for the Sunset Hills Cemetery.
Those voting Aye being Crs. Krauss, Bryson, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
0:33:38 2. Recovery Act Energy Efficiency Conservation Block Grant (EECBG)
Funding Plan (Public Hearing) (Meyer)
0:33:55 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:34:12 Motion and Vote to continue this agenda item to next week.
It was moved by Cr. Bryson, seconded by Cr. Becker to continue this agenda item to next
week.
Those voting Aye being Crs. Bryson, Becker, Krauss and Mayor Jacobson.
Those voting No being none.
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The motion passed 4-0.
0:34:32 3. Bid Award for Bozeman Solid Waste Division Building Addition and
Alternate #1, Vehicle Storage Building (Arkell)
0:34:45 Public Hearing Opened.
0:34:50 Debbie Arkell, Public Works Director
Ms. Arkell gave the staff presentation regarding the Bid Award for Bozeman Solid Waste
Division Building Addition and Alternate #1, Vehicle Storage Building. The Commission
rejected the bids in December of 2008. The bids received were over budget. Portions of the
project were rebid. Staff is requesting that the bid be awarded. She spoke regarding using the
reserves to fund the project.
0:38:34 Cr. Becker
Cr. Becker spoke regarding the reserves.
0:40:15 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:40:27 Motion to award the Bid for the Solid Waste Division Landfill Office Addition to
BN Builders in the amount of $184,456.00 in addition (to use) $69,247.21 of the Solid Waste
Cash Reserve to award Alternate #1, Vehicle Storage Building to BN Builders in the
amount of $87,192.00.
It was moved by Cr. Becker, seconded by Cr. Krauss to award the Bid for the Solid Waste
Division Landfill Office Addition to BN Builders in the amount of $184,456.00 in addition
(to use) $69,247.21 of the Solid Waste Cash Reserve to award Alternate #1, Vehicle Storage
Building to BN Builders in the amount of $87,192.00.
0:41:09 Cr. Bryson
Cr. Bryson spoke regarding the operating reserve.
0:43:27 Steve Johnson, Superintendent of the Solid Waste Division
Mr. Johnson spoke regarding the addition and the need for some of the City vehicles with
hydraulics that need to be garaged when the temperature falls below 32 degrees.
0:44:44 Cr. Becker
Cr. Becker asked about maintenance costs when vehicles are not garaged.
0:45:19 Mr. Johnson
Mr. Johnson spoke regarding the existing garage.
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0:47:24 Ms. Arkell
Ms. Arkell stated that the size of the building has been decreased from the original bid that took
place in December.
0:48:50 Cr. Krauss
Cr. Krauss spoke regarding the Mandeville Farm.
0:49:54 Mr. Kukulski
Mr. Kukulski explained that the Solid Waste Fund is an Enterprise Fund.
0:50:15 Vote on the Motion to award the Bid for the Solid Waste Division Landfill Office
Addition to BN Builders in the amount of $184,456.00 in addition (to use) $69,247.21 of the
Solid Waste Cash Reserve to award Alternate #1, Vehicle Storage Building to BN Builders
in the amount of $87,192.00.
Those voting Aye being Crs. Becker, Krauss and Mayor Jacobson.
Those voting No being Cr. Bryson.
The motion passed 3-1.
0:50:34 Public Hearing closed.
0:50:39 4. Ordinance No. 1761, Amendments to Title 18, Unified Development
Ordinance No. Z-08041 (Public Hearing) Opened and Continued from May 11, 2009
(Saunders)
0:51:21 Mr. Saunders
Mr. Saunders gave the staff presentation regarding Ordinance No. 1761, Amendments to Title
18, Unified Development Ordinance No. Z-08041. Mr. Saunders stated that there are 49 edits.
0:53:50 Mr. Saunders
Mr. Saunders pointed out the areas where the edits take place.
0:57:04 Cr. Krauss
Cr. Krauss spoke regarding the definition of a casino.
1:03:00 Greg Sullivan, City Attorney
Mr. Sullivan spoke regarding a letter of public comment received.
1:04:18 Cr. Krauss
Cr. Krauss spoke regarding review authority.
1:04:44 Mr. Saunders
Mr. Saunders spoke regarding Solar and Wind Energy collection.
1:06:53 Cr. Krauss
Cr. Krauss spoke regarding accessory buildings, uses and equipment.
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1:07:59 Mr. Saunders
Mr. Saunders spoke regarding height limitations for a district.
1:09:14 Mr. Saunders
Mr. Saunders spoke regarding off premise signage in transit shelters.
1:22:52 Mr. Saunders
Mr. Saunders spoke regarding the installation of street lights.
1:25:02 Mr. Saunders
Mr. Saunders spoke regarding the noticing provisions.
1:27:22 Cr. Becker
Cr. Becker spoke regarding the suggested clarifications on side wall height on ADUs.
1:27:34 Mr. Saunders
Mr. Saunders spoke regarding height restrictions of first floor in certain zoning designations.
1:33:03 Cr. Bryson
Cr. Bryson spoke regarding reductions of required parking.
1:41:33 Cr. Bryson
Cr. Bryson spoke regarding restricted size lots and restricted size units.
1:42:40 Cr. Becker
Cr. Becker spoke regarding the removal of ADUs.
1:43:22 Andy Epple, Director of Planning
Mr. Epple spoke regarding accessory structures.
1:49:17 Mr. Saunders
Mr. Saunders spoke regarding uses, bicycle parking and Neighborhood Conservation districts.
1:55:28 Mr. Saunders
Mr. Saunders spoke regarding renewal of conditional use permits, wetland requirements, lot size.
2:00:00 Mr. Saunders
Mr. Saunders spoke regarding Business Park and Industrial zoning categories.
2:03:56 Mr. Saunders
Mr. Saunders spoke regarding restricted sized lots.
2:09:04 Cr. Bryson
Cr. Bryson spoke regarding the restricted sized lots and units.
2:12:30 Mr. Saunders
Mr. Saunders spoke regarding RSL's.
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2:18:00 Public Comment
Mayor Jacobson opened public comment.
2:19:00 Steve Ziegler, Public Comment
Mr. Ziegler of 531 Whitetail Road spoke regarding development in the foothills and
infrastructure. He showed the growth areas outside of the City.
2:23:00 Public Comment closed.
Mayor Jacobson closed public comment.
2:23:16 Break
2:50:06 Meeting called back to order.
Mayor Jacobson called the meeting back to order.
2:50:31 Motion to provisionally adopt Ordinance No. 1761, Amendments to Title 18,
Unified Development Ordinance No. Z-08041.
It was moved by Cr. Becker, seconded by Cr. Krauss to provisionally adopt Ordinance No.
1761, Amendments to Title 18, Unified Development Ordinance No. Z-08041.
2:50:53 Amendment to the Main Motion regarding section 18.16.040 we need to add the
word "minimum" lot area.( to the last sentence on page 16-4 A.:" Each lot must have a
usable lot area of at least 50% of the total "minimum" lot area.")
It was moved by Cr. Becker, seconded by Cr. Krauss regarding section 18.16.040 we need
to add the word "minimum" ( to the last sentence on page 16-4 A.:" Each lot must have a
usable lot area of at least 50% of the total "minimum" lot area.")
2:54:20 Vote on the Amendment to the Main Motion regarding section 18.16.040 we need to
add the word "minimum" lot area.( to the last sentence on page 16-4 A.:" Each lot must
have a usable lot area of at least 50% of the total "minimum" lot area.")
Those voting Aye being Crs. Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
2:54:35 Amendment to the Main Motion regarding the ADU Portions of 18.40.030,
18.16.020, I would asked that those be removed from this decision tonight and allow staff to
proceed with a more comprehensive analysis.
It was moved by Cr. Becker, seconded by Cr. Bryson regarding the ADU Portions of
18.40.030, 18.16.020, I would ask that those be removed from this decision tonight and
allow staff to proceed with a more comprehensive analysis.
2:59:29 Cr. Becker
Cr. Becker amended his motion to include 18.38.050 E.
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2:59:37 Vote on the Amendment to the Main Motion regarding the ADU Portions of
18.40.030, 18.16.020 and 18.38.050 E, I would ask that those be removed from this decision
tonight and allow staff to proceed with a more comprehensive analysis.
Those voting Aye being Cr. Becker.
Those voting No being Crs. Bryson, Krauss, and Mayor Jacobson.
The motion failed 1-3.
2:59:57 Amendment to the Main Motion regarding 18-42-180, RSU/RSLs to eliminate the
elimination of the sunset and to direct staff to return to the Commission with the necessary
UDO amendments to accommodate the 6 units per acre issue and the net buildable acre.
(Mr. Saunders clarified that 18-42-180 would be removed in its entirety, but b. the
subcomponent net density for 6 units per acre would move somewhere else.)
It was moved by Cr. Becker, seconded by Cr. Krauss regarding 18-42-180, RSU/RSLs to
allow the entire section to sunset and to direct staff to return to the Commission with the
necessary UDO amendments to accommodate the 6 units per acre issue and the net
buildable acre. (Mr. Saunders clarified that 18-42-180 would be removed in its entirety, but
b. the subcomponent net density for 6 units per acre would move somewhere else.)
3:17:27 Mr. Saunders
Mr. Saunders suggested dropping the underlined sentence in 18-16-030 c. on page. 16-4 (The
building size the correlates with the lots).
3:18:46 Friendly Amendment to include dropping the related underlined sentence in 18-16-
030 c. on page. 16-4 (The building size the correlates with the lots).
Cr. Becker presented a friendly amendment to his motion to include dropping the related
underlined sentence in 18-16-030 c. on page. 16-4 (The building size the correlates with the
lots). Cr. Krauss seconded the amendment.
3:19:04 Mayor Jacobson
Mayor Jacobson asked that the amendment be read back.
3:19:11 Stacy Ulmen, City Clerk
Ms. Ulmen read back the amendment.
3:24:07 Vote on the Amendment to the Main Motion to 18-42-180, RSU/RSLs to allow the
entire section to sunset and to direct staff to return to the Commission with the necessary
UDO amendments to accommodate the 6 units per acre issue and the net buildable acre.
(Mr. Saunders clarified that 18-42-180 would be removed in its entirety, but b. the
subcomponent net density for 6 units per acre would move somewhere else), and a friendly
amendment to the motion to include dropping the related underlined sentence in 18-16-030
c. on page. 16-4 (The building size the correlates with the lots).
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Those voting Aye being Crs. Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 4-0.
3:25:15 Amendment to the Main Motion to direct staff to present revised UDO-the RSL
component to address lot size variability and density and plat transition issues.
It was moved by Cr. Becker, seconded by Cr. Krauss to direct staff to present revised
UDO-the RSL component to address lot size variability and density and plat transition
issues.
3:29:27 Vote on the Amendment to the Main Motion to direct staff to present revised UDO-
the RSL component to address lot size variability and density and plat transition issues.
Those voting Aye being Crs. Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
3:29:34 Amendment to the Main Motion to maintain our net minimum density of 6 units
per acre.
It was moved by Cr. Becker, seconded by Cr. Pro-Tem Jacobson to maintain the net
density of 6 units per acre.
3:30:14 Vote on the Amendment to the Main Motion to maintain our net minimum density
of 6 units per acre.
Those voting Aye being Cr. Becker and Cr. Pro Tem Jacobson.
Those voting No being Cr. Bryson and Mayor Pro Tem Krauss.
The motion tied and will be added to a future agenda to be broke by Cr. Rupp.
3:31:25 Amendment to the Main Motion regarding section18-52-140, to strike the amended
text provision that allows for off premise signs in transit shelters and establishing
standards.
It was moved by Cr. Bryson, seconded by Cr. Pro-Tem Jacobson regarding section18-52-
140, to strike the amended text provision that allows for off premise signs in transit shelters
and establishing standards.
3:36:58 Vote on the Amendment to the Main Motion regarding section18-52-140, to strike
the provision that allows for off premise signs in transit shelters and establishing
standards.
Those voting Aye being Cr. Bryson and Cr. Pro-Tem Jacobson.
Those voting No being Cr. Becker and Mayor Pro-Tem Krauss.
The motion tied and will be added to a future agenda to be broke by Cr. Rupp.
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3:37:22 Amendment to the Main Motion regarding 18-46-040 sub c. to remove the option
that provides for installation of shower facilities and lockers.
It was moved by Cr. Bryson, seconded by Cr. Krauss that regarding 18-46-040 sub c. to
remove the option that provides for installation of shower facilities and lockers.
3:41:16 Vote on the Amendment to the Main Motion regarding 18-46-040 sub c. to remove
the option that provides for installation of shower facilities and lockers.
Those voting Aye being Crs. Bryson and Krauss.
Those voting No being Cr. Becker and Mayor Jacobson.
The motion tied and will be added to a future agenda to be broke by Cr. Rupp.
3:42:14 Motion and Vote to continue this item to next week.
It was moved by Cr. Krauss, seconded by Cr. Bryson to continue this item to next week.
Those voting Aye being Crs. Krauss, Bryson, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
3:43:29 5. Appointment to the Downtown Bozeman Improvement District/Tax
Increment Finance Board (IDB/TIF) (Kissel)
3:43:37 Motion and Vote to appoint Bill Stoddart.
It was moved by Cr. Bryson, seconded by Cr. Krauss to appoint Bill Stoddart.
Those voting Aye being Crs. Bryson, Krauss, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
3:43:52 6. Appointment to the Downtown Business Improvement District Board (BID)
(Kissel)
3:43:59 Motion and Vote to appoint Mike Grant to the Bozeman Downtown Business
Improvement District Board.
It was moved by Cr. Bryson, seconded by Cr. Krauss to appoint Mike Grant to the
Bozeman Downtown Business Improvement District Board.
Those voting Aye being Crs. Bryson, Krauss, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
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3:44:22 K. FYI/Discussion
3:44:27 1. Brian Caldwell's request for the review of variances for Empire Building
Materials.
The Commission directed that this request be put on the agenda for next week.
3:45:52 2. Joint City-County meeting on Friday, May 22nd.
The Commission agreed to cancel the Joint City-County meeting on Friday, May 22nd.
Discussion took place regarding the City's next step in this process for the Police Department and
Law and Justice Center Site. We need to look at alternatives. Remodeling the old City Hall was
brought up for the Courts.
4:00:43 L. Adjournment
Mayor Jacobson adjourned the meeting at 10:07 p.m.
________________________________
Kaaren Jacobson, Mayor
ATTEST:
_____________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
_____________________________________
Stacy Ulmen, CMC, City Clerk
Approved on __________________________.
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