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HomeMy WebLinkAbout10-05-09 Minutes, City Commission d w x aa.'r MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 5, 2009 The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, October 5, 2009. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss and Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Planner Courtney Kramer, City Attorney Greg Sullivan, Staff Attorney Tim Cooper and Deputy City Clerk Aimee Kissel. The audio recording for this meeting is poor. Please refer to the video recording of this meeting for additional detail. A. Call to Order 6 p.m. Commission Room, City Hall, 121 North Rouse Mayor Jacobson called the meeting to order at 6:05 p.m. B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda. Chris Kukulski, City Manager Mr. Kukulski stated there were no changes to the agenda. D. Public Service Announcement Leaf Cleanup Reminder (Van Delinder) John Van Delinder, Street Superintendent Mr. Van Delinder gave a presentation explaining how the City is handling leaf cleanup. The schedule for cleanup is on -line. A. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign a Professional Services Agreement with Stahly Engineering Associates, Inc., for Engineering and Inspection services for the (Lower Yards) Public Transportation Storage and Repair Joint Facility with the Human Resource Development Council, Inc. (HRDC) (Winn) 3. Approve Resolution No. 4209, Declaring the City Commission's Intent to consider Adoption and Integration of the "Downtown Bozeman Improvement Minutes of the Bozeman City Commission, October 5, 2009 Plan" as a Neighborhood Plan under the City of Bozeman Growth Policy and set a public hearing date of November 9, 2009 (Saunders) 4. Approve Resolution No. 4210, Authorizing the City Manager to sign Change Orders No. 3 and No. 4 for the Landfill Building Addition (Goehrung 5. Finally Adopt Ordinance No. 1771, Increase of Fine Amount for Parking Citation for 48 hour /5 day Parking Violations and for other Violations of Title 32 (Burns) Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to approve Consent Items E. 1, 3, 4 and 5. It was moved bj Cr. Rupp, seconded by Cr. Becker to approve consent items E. 1 3 4 and 5. Those voting Ave being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 5 -0. Motion and Vote to approve Consent Item E. 2. It was moved by Cr. Becker, seconded by Cr. Krauss to approve Consent Item E. 2. Those voting Ave being Crs. Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. Cr. Rupp abstained from votin The motion gassed 4 -0. F. Public Comment Mayor Jacobson opened general public comment. No person commented. Mayor Jacobson closed public comment. G. Action Items 1. McGee Partial Demo -New Construction of a Second Building at 332 S. Church, Sketch Plan Certificate of Appropriateness No. Z- 09145, (Public Hearing Opened and Continued from September 14, 2009) (Kramer) Mayor Jacobson opened the public hearing with Ms. Kramer's presentation. 2of11 Alinules of the Bozeman 011 Commission, October 5, 2009 Courtney Kramer, Assistant Planner for Historic Preservation Ms. Kramer gave the staff presentation on this item. Chris Liberty, Designer for the McGee project Mr. Liberty began providing an applicant presentation. He spoke regarding the design intent for this project and towards the eclectic character of the homes in the neighborhood. Salal Huber- McGee, Applicant Ms. Huber -McGee continued with the applicant presentation regarding this item. Chris Graff, Bridger Steel Mr. Graff of Bridger Steel explained the characteristics and general benefits of steel and explained that aesthetically, there are many types of panels, uses and looks available with metal. Public Comment Mayor Jacobson opened public comment. Jane Bear, Public Comment Ms. Bear of 318 South Church spoke in favor of the McGee project. She and her husband are neighbors of the project and asked the City to approve this project. Carrie Gulickson Public Comment Mr. Gulickson of 44 S. Church spoke in favor of the McGee project. He does not feel the amount of metal proposed for the exterior is inconsistent with the character of the neighborhood. He feels staff condition number two is disturbing because many of the neighborhood homes are also metal. Katherine Ball, Public Comment Ms. Ball of 323 South Wallace does not think a turn- around for fire protection created on City Library land should be an option for this project. She stated it is not fair to take land from the public or to have the public pay for a private alley. She stated other options that the McGee's have and gave details regarding an alley that the Ball's paid for. Public Comment Closed. Seeing no further public comment, Mayor Jacobson closed public comment. Chris Liberty, Public Comment Rebuttal On behalf of the applicant, Mr. Liberty provided a rebuttal to statements made by the public regarding the alley access issue. He stated they have been working with a variety of departments to resolve this problem. Mayor Jacobson closed the public hearing on this item. 3of11 Minutes of the Bozeman City Commission, October 5, 2009 Motion to approve partial demolition of a contributing structure within the neighborhood conservation overlay district with the related conditions outlined in the staff report. It was moved b Cr. Krauss seconded by Cr. B son to apRrove partial demolition of a contributing structure within the neighborhood conservation overlay district with the related conditions outlined in the staff report. Cr. Krauss Cr. Krauss asked Ms. Kramer for specifics regarding the conditions outlined in the staff report. Courtney Kramer Ms. Kramer stated related conditions outlined in the staff report are documentation of the accessory structure prior to issuance of the demolition permit. She said this would be good quality photos and documentation. Vote on the motion to approve partial demolition of a contributing structure within the neighborhood conservation overlay district with the related conditions outlined in the staff report (documentation of the accessory structure prior to issuance of the demolition p ermit). Those voting Ave being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5 -0. Motion to approve construction of a second floor on the existing single floor residence with the related conditions outlined in the staff report. Cr. Krauss Cr. Krauss asked Ms. Kramer for specifics regarding the conditions outlined in the staff report. Courtney Kramer Ms. Kramer explained that related conditions are two, three and four. Cr. Krauss changed the motion to approve construction of a second floor on the existing single floor residence with conditions three and four. It was moved by Cr. Krauss, seconded by Cr. Bryson to approve construction of a second floor on the existing single floor residence with conditions three and four. Cr. Krauss Cr. Krauss began a discussion on this motion. Vote on the motion to approve construction of a second floor on the existing single floor residence with conditions three and four. 4of11 Minutes q1 the Boeenwn Ciiy Commission, October 5, 2009 Those voting Ave being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5 -0. Motion and Vote to approve the demolition of the existing It was moved by Cr. Krauss seconded by Cr. Bryson to aRlIrove the demolition of the existing garage. Those voting Ave being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5 -0. Cr. Krauss began discussion about the accessory structure and issues related to fire access requirements. Tim Cooper, Staff Attorney Mr. Cooper provided a legal opinion on the status of the alley in question and spoke about the fire code issue. Greg Megaard, Deputy Fire Chief Mr. Megaard spoke regarding the views of the fire department as it pertains to fire access and the alley behind the applicant property. Discussion continued regarding the alley behind the property. Motion to approve construction of a new accessory building with a first floor garage and a second story guest house and related site improvements, application No. Z -09145 with the related staff conditions and with the removal of staff conditions 6, 7 and 9 and the additional condition that a sprinkler system be installed. It was moved by Cr. Bryson, seconded by Cr. Rupp to approve construction_ of a new accessory buildine with a first floor ara a and a second stoty guest house and related site improvements, Application No. Z -09145 with the related staff conditions and with the removal of staff conditions 6, 7 and 9 and the additional condition that a sprinkler s s be installed. Cr. Bryson continued the discussion regarding the alley and how it pertains to the application. Amendment to the main motion to include the re- citing of the facility as an alternative solution pursuant to 18.2.2.2 and 18.2.2.3.1. (Within 150 feet of Church Ave.) It was moved by Cr. Becker, seconded by Cr. Krauss to amend the main motion to include the re- citing of the facility as an alternative solution pursuant to 18.2,2.2 and 18.2.2.3.1. (Within 150 feet of Church Ave.) 5of11 Minutes q the Bozeman Cit C,onrn:ission, October 5, 2009 Greg Sullivan, City Attorney Mr. Sullivan provided information regarding the authority of the Library Board of Trustees. Vote on the amendment to the main motion to include the re- citing of the facility as an alternative solution pursuant to 18.2.2.2 and 18.2.2.3,1. (Within 150 feet of Church Ave.) Those voting Ave being Crs. Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being Cr. Rupp. The amendment to the main motion passed 4 -1. Discussion continued regarding easements and other issues related to the alley and fire access. Amendment to the main motion that whatever options are used to deal with the alley and the turn around cannot use the public land of the City of Bozeman to solve that. It was moved by Cr. Rupp, seconded by Cr. Krauss to amend the main motion that whatever options are used to deal with the alley and the turn around cannot use public land to solve that. Discussion on the amendment to the motion. Chris Kukulski Mr. Kukulski explained how City staff had discussed and viewed the alley fire access issue. Further discussion took place regarding the application and the related alley issue. Vote on the amendment to the main motion that whatever options are used to deal with the alley and the turn around cannot use the public land of the City of Bozeman to solve that. Those voting Ave being Crs. Rupp and Krauss. Those voting No being Crs. Bryson, Becker and Major Jacobson., The amendment to the main motion failed 2 -3. Aimee Kissel Ms. Kissel read back the main motion with the amendment. Discussion took place regarding the process that would need to take place if public lands were reviewed for a possible turn- around in the future. Vote on the main motion to approve construction of a new accessory building with a first floor garage and a second story guest house and related site improvements, Application No. Z -09145 with the removal of staff conditions 6, 7 and 9 and the additional condition that a sprinkler system be installed with the amendment to include the re- citing of the facility as an alternative solution pursuant to 18.2.2.2 and 18.2.2.3.1. (Within 150 feet of Church Ave.) 6 of11 A4imutes of the 13o--einan Oty Commission, October 5, 2009 Those voting Ave being Crs. Bryson, Becker and Ma or Jacobson. Those voting No being Crs. Rupp and Krauss. The motion passed 3 -2. Break Mayor Jacobson called for a break. Mayor Jacobson called the meeting back to order. Cr. Rupp did not return from the break because he recused himself from Action Items 2, 3 and 4 due to a conflict of interest from his position with the Human Resource Development Council. 2. Road to Home Request for Big Box Funding (Rosenberry) Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation on this item. Tracy Menuez, Community Development Associate, Human Resources Development Council Ms. Menuez gave a presentation on this item on behalf of the applicant. Discussion took place regarding this application and how the Road to Home program works. Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion to approve the Human Resource Development Council, Inc. Road to Home Request for $200,000 from the City of Bozeman's Big Box Affordable Housing dollars to provide down payment assistance loans. It was moved bX Cr. Becker, seconded by Cr. Krauss to approve the Human Resource Development Council Inc. Road to Home Request for $200,000 from the City of Bozeman's Big Box Affordable Housinz dollars to rovide down payment assistance loans. Discussion took place regarding this application and motion and how the big box funding should be spent and how the money can be spent. Amendment to award $100,000. subject to an agreement that any change in the expenditure of this award or previously awarded funds would be subject to approval by the City Commission. It was moved by Cr. Krauss to award $100,000. subject to an agreement that any change in the expenditure of this award or Previously awarded funds would be subject to approval the City Commission. Cr. Becker accepted this as a friendly amendment. 7of11 Minutes ofthe Bozeman City Commission, October 5, 2009 Mayor Jacobson Mayor Jacobson spoke in opposition to the friendly amendment. Vote on the motion to approve the Human Resource Development Council, Inc. award of 5100,000 from the City of Bozeman's Big Box Affordable Housing dollars for the Road to Home program to provide down payment assistance loans subiect to an agreement that any chanee_in the expenditure of this award or previously awarded funds would be subiect to approval b the City Commission. Those voting Ave being Crs. Becker, Krauss, Bryson. Those votin No beinz Mayor Jacobson. The motion passed 3 -1. 3. Finally Adopt Ordinance No. 1773, Authorizing the City Manager to enter into a 99- year ground Lease with the Human Resources Development Council, Inc. (HRDC) for the Lease of a .539 -acre parcel for the purposes of developing a Public Transportation Storage and Repair Facility (Sullivan) Greg Sullivan, City Attorney Mr. Sullivan gave a brief presentation on this item explaining that leasing city land must be done through Ordinance. Cr. Krauss Cr. Krauss began a brief discussion on this item. Motion and vote to Finally Adopt Ordinance No. 1773, authorizing the City Manager to enter into a 99 -year ground Lease with the Human Resources Development Council, Inc. (HRDC) for the Lease of a .539 -acre parcel. It was moved by Cr. Krauss, seconded by Cr. Bryson to Finally Adopt Ordinance No. 1773, authorizing the City Manager to enter into a 99 -year ground Lease with the Human Resources Development Council, Inc. (HRDC) for the Lease of a .539 -acre parcel. Those voting Aye being Crs. Krauss, Bryson, Becker and Mayor Jacobson. Those votin2 No beine none. The motion assed 4 -0. 4. Award of bid to BN Builders, Inc. for the construction of the City's portion of the (Lower Yards) Public Transportation Storage and Repair Joint Facility with the Human Resource Development Council, Inc. (HRDC) (Winn) Debbie Arkell, Public Works Director Ms. Arkell gave a brief presentation on this item and thanked Wade Johnson, the vehicle maintenance foreman and John Van Delinder, street superintendent for putting in a lot of work to 8 of11 Minutes of the Bowman City Commission, October 5, 2009 ensure this is the right facility for the City and it will serve us for a long time. Construction is expected to take 9 to 12 months. The Commission discussed this item briefly, including discussing why the bids came in under the estimate and how any change orders would be handled. Motion and Vote to authorize the City Manager to sign an Award of Bid to BN Builders, Inc. for the construction of the City's portion of the (lower yards) Public Transportation Storage and Repair Joint Facility with the Human Resource Development Council, Inc. It was moved by Cr. Bryson, seconded by Cr. Becker to authorize the City Manalzer to si n an Award of Bid to BN Builders, Inc. for the construction of the City's portion of the lower yards) Public Transportation Storage and Repair Joint Facility with the Human Resource Development Council, Inc. Those votive Ave being Crs. Bryson, Becker, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 4 -0. 5. Resolution No. 4187, Annual Assessment for Fiscal Year 2010 Downtown Business Improvement District (Public Hearing Opened and Continued from September 21, 2009) (Rosenberry) Cr. Rupp rejoined the meeting. Mayor Jacobson opened the public hearing with Ms. Rosenberry's presentation. Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation on this item explaining this item that these assessments are based on the taxable value of the property. She also explained that the Resolution was prepared in accordance with a request from the Downtown Business Improvement District asking that the blast damaged properties not be assessed this year. The total on these assessments is $114,000. Motion and Vote to approve Resolution No. 4187, Annual Assessment for Fiscal Year 2010 Downtown Business Improvement District. It was moved by Cr. Becker, seconded by Cr. Krauss to approve Resolution No. 4187, Annual Assessment for Fiscal Year 2010 Downtown Business Improvement District. Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 5 -0. H. FYI/Discussion 9of11 Minutes (?/'the Bo�enzan 00 (.'omnzission, October 5, 2009 1. Confirm Early Start time of 5 p.m. on Monday, October 12, 2009 Greg Sullivan, City Attorney Mr. Sullivan explained staff has tentatively scheduled an executive session to discuss active litigation at 5 p.m. on October 12, 2009 pending Commission approval. Mayor Jacobson confirmed this session on behalf of the Commission. 2. Mr. Kukulski informed the Commission that later this week a meeting is scheduled with Ben Lloyd looking at the historic preservation grant funds to work with the architect to look at the best phasing of the Story Mansion for projects that would be available for stimulus funding earmarked for historic preservation. Cr. Rupp Cr. Rupp began a discussion on this item and asked staff about looking at the appearance of some of the buildings on Main Street as a possibility for the historic grant funds and spoke specifically about the Rialto Theatre. 3. Mayor Jacobson brought up a letter received from a citizen regarding noise in the night from carpet cleaning at JcPenney at the mall. Greg Sullivan, City Attorney Mr. Sullivan informed the Mayor that noise Ordinances cannot address a single location. 4. Mayor Jacobson brought up information provided by Debbie Arkell regarding train crossings that would eliminate the need for trains blowing their whistles in town. A discussion took place on this item. Cr. Becker Cr. Becker thought looking into what it would take would be good in case the funding became available someday down the road. He did not receive support for this idea from the rest of the Commission. 5. Cr. Rupp brought up a letter received from a man in a wheelchair who was unable to navigate the sidewalks near a nursing home. Debbie Arkell, Director of Public Works Ms. Arkell reported that Rick Hixson walked the area and it is pretty bad. Andy Kerr is currently doing a survey of ADA accessible improvements that will be done with the funding the Commission has provided. This whole area will be recommended as a top priority. 6. Cr. Rupp reported graffiti vandalism in the 100 block of North Black on the parking garage. 10 of 11 Minutes o/ the Bo. eman City Commission, October 5, 2009 7. Cr. Krauss mentioned the alley in between Rouse and Montana and that this alley is important for parking for these homes. He would like the City to talk to those landowners and have this alley officially turned into an alley. Other Commissioners supported this. I. Adjournment Mayor Jacobson adjourned the meeting at 9:22 p.m. Kaaren Jacobson, Mayor ATTES1 OF Stacy t e Clerk PREPARED BY- 4 Aimee Kissel, Deputy City Clerk Approved on a 11 of 11