HomeMy WebLinkAboutSeptember 21, 2009 Minutes
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 21, 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, September 21, 2009. Present were Mayor Kaaren Jacobson, Cr. Sean Becker,
Cr. Eric Bryson, Cr. Jeff Krauss and Cr. Jeff Rupp, Acting City Manager/Director of Public
Service Debbie Arkell, Finance Director Anna Rosenberry, Planning Director Andy Epple, City
Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel.
* Please refer to the audio recording of this meeting for additional detail.
0:01:06 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse
Mayor Jacobson called the meeting to order.
0:01:09 B. Pledge of Allegiance and a Moment of Silence
0:01:45 C. Changes to the Agenda
Mayor Jacobson asked acting City Manager Debbie Arkell if there were any changes to the
agenda.
0:01:53 Debbie Arkell
Ms. Arkell stated there were not.
0:02:00 Special Presentation - International Visitors
Mayor Jacobson announced attendance of twenty-seven International visitors this evening. She
asked that Megan McGlothen, executive director of the Montana Center for International
Visitors introduce the program that brought them here and then Jacobson asked each visitor to
approach the podium and state their name and Country.
0:02:27 Megan McGlothlen, Montana Center for International Visitors
Ms. McGlothlen from the Montana Center for International Visitors explained that there are
actually twenty-four International visitors and three English language officers. This is a program
the state department has been doing for quite some time and is an International Leadership
program to bring folks in from all over the world to study grass roots Democracy so they may
learn what we do in the United States and we can learn from them.
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0:03:43 Dr. Daniel Abel Ochigbo, Nigeria
0:03:47 Nigeria
0:03:55 Ms. Ruzanna Torozyan, Armania
0:03:58 Mr. Rashid, Kingdom of Bahrain
0:04:04 Mr. Charles Karigithu, Kenya
0:04:10 Mr. Desmond Lim Bak Chuan, Singapore
0:04:24 Mr. Mohammad Aljabran, Saudi Arabia
0:04:32 Mr. Bockarie Enssah, Sierra Leone
0:04:40 Mr. Dost Mazari, Pakistan
0:04:48 Ms. Supipe Jayawardena, Sri Lanka
0:04:53 Mr. Han Pan Ben Chan, Hong Kong
0:05:04 Ms. Francis Toral, Phillipines
0:05:08 Mr. Eekmal Ahmad, Malaysia
0:05:16 Dr. Rodrigo Perpetuo, Brazil
0:05:31 Ms. Moksha Watts, Australia
0:05:33 Ms. Maryam Erbash, Palestine
0:05:40 Mr. Fadi Otaqui, Jordan
0:05:47 Mr. Yoruk Kurtaran, Turkey, Istanbul
0:05:51 Mr. Ehab Rady, Egypt
0:06:02 Mr. Alhassan Issahaku, Ghana
0:06:08 Mr. Alexis Moeketsi Hanyane, Lesotho
0:06:15 Mr. Boris Raonic, Montenegro
0:06:22 Ms. Josephine Odikpo, Nigeria
0:06:31 Ms. Puja Chaudhari, Nepal
0:06:42 Ms. Anhar Masarwa, Israel
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0:06:49 Megan McGlothlen, Montana Center for International Visitors
Ms. McGlothlen thanked the Commission on behalf of the International visitors for the
opportunity to introduce themselves.
0:07:19 D. Public Service Announcement - Green Ribbon Task Force (Hattie Baker)
0:07:26 Aimee Kissel, Deputy City Clerk
Ms. Kissel gave the presentation on this item on behalf of Hattie Baker and spoke regarding the
need for applications for the Mayor's Green Ribbon Task Force.
0:08:59 E. Minutes - August 17, 2009
0:09:07 Motion and Vote to approve the Minutes from August 17, 2009.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Minutes from August
17, 2009.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:09:32 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign Public Street and Utility Easements (Boca LLC
and State of Montana) for Signalization Improvements to the Intersection of
South 11th Avenue and West Kagy Boulevard (Heaston)
3. Authorize Mayor to sign the Findings of Fact and Order for the Preliminary Plat
of the CHB Properties, LLC Minor Subdivision No. P-09001 (Skelton)
4. Approve Liquor License for Frank's Custom Catering, Inc. to sell Beer & Wine at
548 E. Babcock Street (Neibauer)
0:09:38 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:09:49 Motion and Vote to approve consent items 1-4.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve consent items 1-4.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
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0:10:05 G. Public Comment
0:10:22 Brian Leland, Public Comment
Mr. Leland of 528 North Bozeman spoke in strong opposition to any type of an impact fee
holiday or a delay in paying impact fees such as the one proposed by the Gallatin Association of
Realtors. Mr. Leland does however like the idea of having Impact fees due when the certificate
of occupancy is issued but would modify this idea with the street impact fees paid at the time of
the building permit since this is when those impacts begins and the sewer, water and fire due at
the time of occupancy.
0:12:46 Tannis Adams, Public Comment
Ms. Adams of 216 North Church spoke regarding the hours of operation for the Swim Center
and her frustration that the pool is closing earlier and that the pool is now closed for a special
user group in the evening. She said the pool now closes on Tuesdays and Thursdays at 7 p.m.
and Fridays at 8:30 p.m. instead of 9 p.m.
0:15:52 Lezlee Black, Public Comment
Ms. Black of 1726 Buckrake Ave. spoke regarding concerns that there are fewer hours for lap
swimmers and the increased cost for family passes. She feels they are paying more for less
because there is no hot tub anymore and swim lessons are not included in the pass.
0:17:31 Holly Hart, Public Comment
Ms. Hart of 27 Sweet Grass said she is thankful for the new air system and other improvements
at the pool. She also spoke in opposition to a reduction in hours at the Swim Center.
0:20:03 Margie Chase, Public Comment
Ms. Chase of 430 South Black spoke in opposition to the 15 minute reduction in time for swim
lessons at the Swim Center.
0:21:57 Jeff Ironomo, Public Comment
Mr. Ironomo of North Black spoke regarding his opposition to applying for any stimulus money
for the Story Mansion and referred to an article in the Chronicle.
0:24:47 Public Comment Closed.
Seeing no further public comment, Mayor Jacobson closed the general public comment.
0:25:04 H. Special Presentation - Public Noticing Update (Fontenot)
0:25:11 Brit Fontenot, Assistant to the City Manager
Mr. Fontenot thanked the International Visitors for coming to tonight’s meeting as well as the
time he spent with them previously, discussing grass roots democracy in the context of
neighborhood issues. Mr. Fontenot then gave a presentation regarding public noticing and
display ads and showed the difference between the ads that used to run in the Bozeman
Chronicle and the ad that runs now in the legal section. He showed where the public hearing
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notices are located on the City website and gave additional information about those notices as
well as ways to receive noticing via automatic e-mail alerts. He also spoke about noticing on
Bresnan Channel 20.
0:31:32 Andy Epple, Planning Director
Mr. Epple re-iterated that full notices are still placed on the property and for projects that qualify,
a copy of the large notice is mailed out to everyone within 200 feet of the property.
0:32:23 Mr. Fontenot
Mr. Fontenot spoke regarding discussions with the Bozeman Chronicle on the fees for ads and
also mentioned that the $450. per display ad that used to be placed in the paper twice is paid for
by the applicant and is the same fee that would be paid by someone who is changing their porch
pitch as someone building a condominium.
0:33:28 I. Action Items
0:33:31 1. Corcoran Addition/Partial Demolition Certificate of Appropriateness
Application No. Z-09102 (Request to Open and Continue Public Hearing to October 19,
2009) (Bristor)
0:33:34 Mayor Jacobson
Mayor Jacobson announced that the property owner on this item has requested that this hearing
be opened and continued to October 19, 2009.
0:33:46 Public Comment Opened.
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:34:17 Motion and Vote to continue the public hearing for Corcoran Addition/Partial
Demolition Certificate of Appropriateness Application No. Z-09102 to October 19, 2009.
It was moved by Cr. Krauss, seconded by Cr. Bryson to continue the public hearing for
Corcoran Addition/Partial Demolition Certificate of Appropriateness Application No. Z-
09102 to October 19, 2009.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:34:46 2. Resolution No. 4187, Special Assessment for Fiscal Year 2010 Downtown
Business Improvement District (Request to Open and Continue Public Hearing to October
5, 2009) (Rosenberry)
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0:34:56 Mayor Jacobson
Mayor Jacobson announced that this item needs to be opened and continued to October 5, 2009
due to a delay in the taxable valuations.
0:35:02 Public Comment Opened.
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:35:24 Motion and vote to continue Resolution No. 4187, Special Assessment for Fiscal
Year 2010 Downtown Business Improvement District to October 5, 2009.
It was moved by Cr. Bryson, seconded by Cr. Rupp to continue Resolution No. 4187,
Special Assessment for Fiscal Year 2010 Downtown Business Improvement District to
October 5, 2009.
Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:35:55 3. Resolution No. 4188, Special Assessment for Fiscal Year 2010 (Public
Hearing) (Shannon)
0:36:03 Mayor Jacobson
Mayor Jacobson opened the public hearing with Anna Rosenberry's presentation.
0:36:13 Anna Rosenberry, Finance Director
Ms. Rosenberry gave the staff presentation for this item saying this is the standard annual
process to set the assessments for costs of street lighting throughout the City that go on
properties special assessments to pay for items such as power costs, maintenance and in some
cases what Northwestern Energy calls an ownership charge. On average these increased 3%
from last year.
0:37:20 Public Comment Opened.
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment and the public hearing.
0:37:41 Motion and Vote to approve Resolution No. 4188, Special Assessment for Fiscal
Year 2010 Lighting District.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve Resolution No. 4188,
Special Assessment for Fiscal Year 2010 Lighting District.
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Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:38:06 4. Annual Work Plan and Budget for the Northeast Urban Renewal Board
(NURB) (Public Hearing) (Thorpe)
0:38:18 Mayor Jacobson
Mayor Jacobson opened the public hearing on this item with Keri Thorpe's presentation.
0:38:27 Keri Thorpe, Assistant Planner and Staff Liaison for the Northeast Urban Renewal
Board
Ms. Thorpe introduced Erik Nelson, the chairperson of the Northeast Urban Renewal Board.
0:38:46 Erik Nelson, Northeast Urban Renewal Board (NURB) Chair
Mr. Nelson gave the presentation on this item. The three categories NURB is concentrating on
are Parks, Trails and Greenspace, Infrastructure and Neighborhood Development Plan. He
provided additional details on the specific goals and plans of this Board.
0:49:13 Public Comment Opened.
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:52:15 Motion and Vote to approve the annual work plan for the Northeast Urban
Renewal Board.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve the annual work plan for
the Northeast Urban Renewal Board.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:52:40 5. Building Code and Appeals Process Improvement Recommendations
(Shrauger)
0:53:04 Jason Shrauger, Fire Chief
Mr. Shrauger gave the staff presentation on this item answering questions the Commission raised
on August 17, 2009 regarding the building division appeals process.
0:55:52 Cr. Bryson
Cr. Bryson clarified that the 2006 International Building Codes is the City's Codes and that the
City cannot be any more stringent or lenient than what the State adopts for their building codes.
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0:57:46 Bob Risk, Chief Building Official
Mr. Risk clarified that we automatically adopt the codes by reference but ratify the State codes
by Ordinance and there are options that the State allows us. The State can make amendments to
the International Building Code. There are amendments in the International Building Code. It
has appendices that the State gives us the option to either adopt or not adopt. These are specified
in the ARM.
0:58:31 Mr. Risk
The 2009 Codes are being reviewed by the State right now and those should be released towards
the beginning of next year.
0:59:18 Cr. Becker
Cr. Becker clarified with Mr. Risk that appeals brought before the Board are related to the
interpretations of the Code by the Chief building official; not the Code itself.
0:59:31 Mr. Risk
Mr. Risk confirmed that the technical specifications in the Code are not open for interpretation
but there are some areas that are designed to be interpreted.
1:00:36 Public Comment Opened.
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
1:00:55 Cr. Bryson
Cr. Bryson said he doesn't feel we have much flexibility with the review process or the adoption
of the International Building Code. He pointed out that the Codes are actually whatever the state
interprets the 2006 International Building Codes to be and that differs from state to state. He
encouraged everyone to make their voices heard on the state level about those codes.
1:01:59 Mayor Jacobson
Seeing no further recommendations to the staff on this issue, Mayor Jacobson closed this item.
1:02:18 6. Identification of City Projects to be funded with House Bill 645 Stimulus
Dollars - $129,000 remaining unallocated dollars (Rosenberry)
1:02:35 Anna Rosenberry, Finance Director
Ms. Rosenberry began the staff presentation on this item explaining that the Commission had
asked that the tax increment finance districts and the parks department prepare proposals for the
unallocated House Bill 645 stimulus dollars.
1:04:25 Chris Naumann, Downtown Bozeman Partnership
Mr. Naumann gave a presentation on the behalf of the Downtown Tax Increment Finance
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District for a Bridger Park Garage Connectivity Project. He also spoke regarding a Bozeman
Creek Project.
1:14:29 Ms. Rosenberry
Ms. Rosenberry responding to an earlier question from Cr. Rupp and a current question from Cr.
Krauss said that assuming no additional changes are made to our certification in value the
Northeast Urban Renewal District came in at $63,000. this year. The Downtown Increment
District is at approximately 1.1 million dollars, slightly over the inflation adjusted cap. Last year
it was 673,000. The North Seventh Urban Renewal District is at $272,000 assuming there are no
changes from adjustments due to large appeals filed by new construction.
1:16:34 Ms. Rosenberry
Ms. Rosenberry gave a presentation on behalf of the Northeast Urban Renewal District to use
$18,000. to fund phase II of the Depot Park project. Phase I was presented during the NURB
annual work plan (action item 4) in this meeting.
1:17:13 Cr. Krauss
Cr. Krauss began a discussion regarding the Depot Park project.
1:20:08 Taylor Lonsdale, Allied Engineering
Mr. Lonsdale explained that the North Seventh Urban Renewal Board (NSURB) have hired
Allied Engineering with their implementation of the North Seventh Design and Connectivity
Plan. Allied Engineering completed an initial site assessment on pedestrian safety and
connectivity needs for the North Seventh Corridor. The NSURB have indicated their priority is
completion of the sidewalk network along North Seventh and Mr. Lonsdale provided more
information on this priority, requesting stimulus dollars for this project.
1:25:54 Cr. Rupp
Cr. Rupp began a discussion on the NSURB project presented.
1:29:30 Ron Dingman, Parks and Recreation
Mr. Dingman gave a presentation on a proposal to install a parking lot at the eighteen hole disc
golf, Rose Park.
1:32:52 Public Comment Opened.
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
1:33:08 Motion to award $18, 600 to the depot park improvements and $110,400 to the
North Seventh Urban Renewal TIF (tax increment financing).
It was moved by Cr. Krauss, seconded by Cr. Bryson to award $18, 600 to the depot park
improvements and $110,400 to the North Seventh Urban Renewal TIF (tax increment
financing).
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1:33:36 Cr. Krauss
Cr. Krauss explained the reasoning behind his decision.
1:36:47 Cr. Rupp
Cr. Rupp explained why he would agree with Cr. Krauss' rationale.
1:37:33 Mayor Jacobson
Mayor Jacobson explained why she would support the motion.
1:38:08 Cr. Bryson
Cr. Bryson explained why he would support the motion.
1:39:01 Cr. Becker
Cr. Becker explained his views on this item and stated he agrees with the arguments already
made.
1:39:57 Vote on the motion to award $18, 600 to the depot park improvements and
$110,400 to the North Seventh Urban Renewal TIF (tax increment financing).
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
1:40:40 J. FYI/Discussion
1:40:44 1. Discuss Cancelling Upcoming Policy Meeting, Thursday, October 1, 2009
Ms. Kissel asked whether the upcoming policy meeting for October 1st should be cancelled.
1:40:52 Mayor Jacobson
Mayor Jacobson said she did not think anything was planned for the policy meeting, so yes, it
could be cancelled.
1:41:02 2. Reminder of Joint City-County Meeting on Friday, September 25, 2009
Ms. Kissel provided a reminder of this meeting.
1:41:17 Mayor Jacobson
Mayor Jacobson began a discussion of the time for this meeting.
1:42:15 3. Reminder of the Last Citizen Advisory Board Ethic's Training for the year
on September 30, 2009 from 6 to 8 p.m.
Ms. Kissel provided a reminder on this item.
1:43:00 Flyer placed on car at Library
Cr. Rupp went to a Library Board meeting and showed a flyer that was placed on his car.
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1:43:31 Questions regarding building fees
Cr. Rupp explained that constituents have been calling and asking about water hook-up permit
fees. He asked if there was a length of time once the fee was paid that one would be limited to.
1:45:25 Ms. Arkell
Ms. Arkell explained that water and sewer connection fees are paid at the building department
with a building permit fee. She will investigate whether there is expiration on these fees and
report back.
1:46:31 Swim Center Hours and Cost
Mayor Jacobson began a discussion regarding earlier public comment concerned about reduced
hours at the pool and higher pool pass costs.
1:47:25 Ron Dingman, Parks and Recreation Director
Mr. Dingman responded to questions from Cr. Krauss, confirming that the swim center does rent
the pool to the Masters Swim Group twice a week and that there membership is around sixty
people. They pay a fee, and also buy a swim pass.
1:52:03 Mr. Dingman
Responding to Commissioners questions, Mr. Dingman explained that a family of four swim
pass can be checked out at the public library twice a month per family.
1:52:19 Mr. Dingman
Responding to questions from Commissioners, Mr. Dingman explained that a new scholarship
program has been created for programs. This is not available for swim passes.
1:53:20 Mr. Dingman
Mr. Dingman explained that this issue was opened to the public at a meeting of the Parks and
Recreation Board. He would like to re-advertise more extensively and have a public meeting
again to work out some of these issues.
1:55:48 Mayor Jacobson
Mayor Jacobson asked where we are in the process for hiring a Recreation Director.
1:55:51 Mr. Dingman
Mr. Dingman said on Friday four telephone interviews were conducted and more will happen
this week. Round three of formal interviews will be next. Each person that has declined the
offer has cited pay.
1:56:43 Ms. Arkell
Ms. Arkell responding to an earlier question regarding building fees from Cr. Rupp, said that
superintendent of water and sewer John Alston e-mailed her and he believes that once water and
sewer applications are paid they do not expire. She'll confirm this information.
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1:57:07 K. Adjournment
Mayor Jacobson adjourned the meeting at 8:03 p.m.
________________________________
Kaaren Jacobson, Mayor
ATTEST:
_____________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
_____________________________________
Aimee Kissel, Deputy City Clerk
Approved on __________________________.
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