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HomeMy WebLinkAbout09-21-09 Minutes, City Commission (2) LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 21, 2009 ********************** 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. 0:03:43 Dr. Daniel Abel Ochigbo, Nigeria Minutes of the Bozeman City Commission Meeting, September 21, 2009 2 of 12 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 Minutes of the Bozeman City Commission Meeting, September 21, 2009 3 of 12 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. Minutes of the Bozeman City Commission Meeting, September 21, 2009 4 of 12 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 Minutes of the Bozeman City Commission Meeting, September 21, 2009 5 of 12 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) Minutes of the Bozeman City Commission Meeting, September 21, 2009 6 of 12 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. Minutes of the Bozeman City Commission Meeting, September 21, 2009 7 of 12 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. Minutes of the Bozeman City Commission Meeting, September 21, 2009 8 of 12 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 Minutes of the Bozeman City Commission Meeting, September 21, 2009 9 of 12 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). Minutes of the Bozeman City Commission Meeting, September 21, 2009 10 of 12 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. Minutes of the Bozeman City Commission Meeting, September 21, 2009 11 of 12 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. Minutes of the Bozeman City Commission Meeting, September 21, 2009 12 of 12 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 __________________________.