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HomeMy WebLinkAbout10-26-09 Minutes, City Commission s a r c r.• LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 26, 2009 The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, October 26, 2009. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, and Cr. Jeff Rupp, City Manager, Chris Kukulski, 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. 0:00:35 A. Call to Order 6 p.m. Commission Room, City Hall, 121 North Rouse Mayor Jacobson called the meeting to order at 6:06 p.m. 0:00:38 B. Pledge of Allegiance and a Moment of Silence 0:01:14 Authorize Absence of Commissioner Krauss 0:01:25 Motion and Vote to authorize the absence of Commissioner Krauss. It was moved by Cr. Rupp, seconded by Cr. Becker to authorize the absence of Commissioner Krauss. Those votinE Ave being Crs. Rupp, Becker Bryson and Mayor Jacobson. Those voting No beine none. The motion passed 4 -0. 0:01:39 C. Public Service Announcements 0:01:44 1. Election Information (Charlotte Mills, Clerk Recorder/Election Administrator) 0:01:49 Charlotte Mills, Clerk and Recorder, Elections Administrator Ms. Mills provided information on return of the municipal ballots. The elections office is not receiving as many ballots as they expected. She provided the schedule for ballot drop off locations and information for citizens who have not received their ballots in the mail because of incorrect addresses, etc. 0:04:38 2, Leaf Cleanup Reminder (Van Delinder) 1 of 8 Minutes of the Bozeman City Commission Meeting, October 26, 2009 0:04:42 John Van Delinder, Street Superintendent Mr. Van Delinder reminded everyone that leaf clean up has started and provided information about this process. 0:05:35 D. Minutes September 25, 2009 Joint City County Meeting, October 5, 2009 Regular Meeting, October 12, 2009 Executive Session Minutes Litigation Strategy and October 12, 2009 Executive Session Minutes Hiring Practices 0:05:36 Motion and Vote to approve September 25, 2009 Joint City County Meeting, October 5, 2009 Regular Meeting, October 12, 2009 Executive Session Minutes- Litigation Strategy and October 1.2, 2009 Executive Session Minutes Hiring Practices. It was moved by Cr. Becker, seconded by Cr. Bryson to approve September 25, 2009, September 25, 2009 Joint Citv Countv Meeting, October 5, 2009 Regular Meeting, October 12, 2009 Executive Session Minutes- Litigation Strategy and October 12, 2009 Executive Session Minutes Hiring Practices. Those voting Ave being Crs. Becker, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 4 -0. 0:05:59 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign the Manley Road Industrial Place (Backcheck LLC) Public Access Easement (Johnson) 3. Approve Payment of $23,380.75 for the Buttrey's Solvent Site Cost Recovery (Cooper) 4. Finally Adopt Ordinance No. 1774, adopting R -3 Zoning for the Wenzel- Smiley Annexation (Saunders) 5. Upon the Director of Public Service's review and concurrence, Approve the Final Plat of PT Land Phase 2 Subdivision Final Plat, No. P- 09008, and Authorize the Director of Public Service to execute the same (Cooper) 0:06:04 Public Comment Mayor Jacobson opened public comment regarding the consent agenda. No person commented. Mayor Jacobson closed public comment. 0:06:14 Motion and Vote to approve Consent items E. 1, 2, 4 and 5. It was moved by Cr. Bryson, seconded by Cr Rupn, to approve Consent items E_,1, 2, 4 and 5. 2 of 8 Minutes of the Bofeman City Commission Afeeting, October 26, 2009 Those voting Ave being Crs. Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 40. 0:06:32 Motion and Vote to approve Consent item E. 3. It was moved by Cr. Bryson, seconded by Cr. Becker to avorove Consent item E. 3. Those voting Ave being Crs. Bryson, Becker and Major Jacobson. Those voting No being Cr. Rupp. The motion passed 3 -1. 0:06:57 F. Public Comment Mayor Jacobson opened public comment. 0:07:24 Courtney Kramer, Public Comment Ms. Kramer, city historic planner gave an announcement on behalf of the Historic Preservation Advisory Board regarding an upcoming lecture on October 31, 2009. 0:08:39 G. Action items 0:08:42 1. Development Approval Follow- through (Epple/Kramer) 0:08:47 Andy Epple, Planning Director Mr. Epple introduced this item explaining the previous request by a majority of Commissioners to bring this issue to an agenda. He said staff does not have a specific direction for the Commission to approve tonight, but rather staff would like policy direction from the Commission. 0:10:09 Courtney Kramer, Historic Planner Ms. Kramer gave the staff presentation on this item. She said the purpose of the discussion tonight was to consider policy that might promote re- development in the cities core while protecting the public safety and public access and that developers that demolish any structure are completed as presented to the Commission. She also asked that the Commissioners help answer questions provided in the commission memorandum. She then gave examples using specific projects to highlight the variety of problems involved in this issue and provided additional background. 0:28:31 Cr. Becker Cr. Becker began questions and discussion between the Commission and staff on this ite 3 of 8 Minutes oft {te Bozc:rt2ara City Cnn:naiasiora Mec:(nag, October 26, 2009 0:30:25 Mr. Epple Mr. Epple explained problems with collecting on letters of credit on development projects. The discussion then went into bonds. 0:33:30 Mr. Epple Mr. Epple explained what improvements are eligible for a financial guarantee and how that process works. 0:37:11 Cr. Becker Cr. Becker asked Mr. Epple how the City could have done better to improve the approval process, beginning a discussion on this topic. 0:46:55 Mayor Jacobson Mayor Jacobson began a discussion regarding the outcomes if a partial bond were required on a failed project. 0:48:40 Cr. Rupp Cr. Rupp asked for clarification regarding a 10% tax reduction for properties over 50 years old that Ms. Kramer had referred to earlier. 0:49:04 Ms. Kramer Ms. Kramer explained that the historic tax credit she referred to only applies to income producing properties. 0:49:44 Cr. Rupp Cr. Rupp asked if you set the completion issues aside, whether the City has access for public safety beginning a discussion on this topic and how the nuisance code is used. 0:51.22 Cr. Bryson Cr. Bryson asked a question, prompting discussion about enforcing maintenance agreements. 0:56:56 Chris Kukulski, City Manager Mr. Kukulski pointed out that the majorities (probably 99 of projects have been completed and we should be cautious to create a new requirement out of a few unique situations. 0:58:14 Public Comment Mayor Jacobson opened public comment. 0:58:31 Anne Sherwood, Public Comment Ms. Sherwood of 607 South 7th Ave. read a letter from the Bozeman Historic Preservation Advisory Board speaking in favor of a completion bond and demolition by neglect Ordinance. 1:01:43 David Loseff, Public Comment Mr. Loseff, majority owner of the Baxter Hotel at 105 West Main feels bonds will not really solve the problem and could actually stymie a project. We don't want disincentives to future 4of8 Minutes of the Bozeman City Commission Alee it {g, October 26, 2009 development and viable projects. The sequence of projects is working with the City to determine if a project is acceptable, and then securing the financing. Bonding will not make a bad project good, but will place a moratorium on good projects. 1:04:46 Bob Chase, Public Comment Mr. Chase of 433 South Black Ave. said there is always a story behind a failed project. While it is discouraging to see these blighted sites, the market will take care of it. He would be opposed to a proposal that requires bonding or certificates of deposits as anti- business. 1:06:56 Mike Hope, Public Comment Mr. Hope of 2215 Arrowleaf Hills Drive spoke regarding the people behind the bankruptcies related to failed projects. He doesn't need major money to be tied up with the City within a bond when he is attempting to rebuild the Rockin' R Bar. He feels the City should trust developers because that trust has usually paid off in the past. 1:09:43 Chris Naumann, Public Comment Mr. Naumann, Executive Director of the Downtown Bozeman Partnership spoke about incentivizing good projects rather than penalizing and mentioned the high rate of completion the city has enjoyed. 1:10:43 Michael Delaney, Public Comment Mr. Delaney of 101 East Main Street said he supports many of the things said tonight. He believes these issues could be resolved through police power or enhanced police power to be more specific. The city is in relatively good shape despite the economic downturn. He would encourage the city to enhance existing policies to ensure people take care of their properties. 1:14:06 Public Comment Closed. Seeing no further public comment, Mayor Jacobson closed public comment. 1:14:13 Cr. Rupp Cr. Rupp gave direction saying he is not interested in increasing the costs on projects and said that in a case of a bankruptcy, the city would not have access to the bonds to cash them. He may be interested in tying the demolition with the final site plan approval as well as interested in basic access to the buildings to at least paint the pressboard covering windows, etc. 1:17:38 Cr, Bryson Cr. Bryson provided direction by saying he does not like the idea of bonding requirements, feeling it is a disincentive for continued growth. He said he is interested in solutions that position us well to grow in the future. Cr. Bryson does like the idea of looking into not issuing demolition permits until final site plan approval. Cr. Bryson said we may want to differentiate what we need to do in historic districts versus other areas. He likes suggestions that look at incentives and likes the idea of potentially reduction in park lands for downtown and parking 5 of 8 Minutes q1 tlx: Bozeman City Commission Meeting, October 26, 2009 spaces for downtown development, places we'd like to encourage growth without throwing up further road blocks. 1:18:56 Cr. Becker Cr. Becker would like the conversation reduced to public health and safety issues and ways in which we can improve the process so projects can be accountable yet not have to endure any unreasonable delays, and having expectations clear up front. The incentive ideas brought up by Ms. Kramer are worth pursuing. Ile has no interest in unnecessarily burdening any investment in our community. He does think that out of this, we can find ways to improve the process. 1:22:07 Mr. Epple The planning office, the city attorney's office and the building division have recently been looking at the nuisance codes. 1:23:29 Cr. Becker Cr. Becker said a stay on demolition until final site plan on individually listed historic properties makes sense. 1:24 :18 H. FYI /Discussion 1:24:38 1. Reminder of November 5, 2009 Policy Meeting (Kukulski) 1:24:40 Mr. Kukulski Mr. Kukulski reminded the Commission of a policy meeting scheduled for November 5th from noon to 1:30. The agenda item is regarding the solvent site issue. 1:25:10 Greg Sullivan, City Attorney Mr. Sullivan said staff would like to also provide an update on the CMC asbestos site during the policy meeting. 1:25:21 Cr. Rupp Cr. Rupp would rather focus on the new issue due to the lack of time at the policy meeting. 1:25:36 Mr. Kukulski Mr. Kukulski said both need to go before the Commission soon, so the policy meeting agenda will concentrate on the solvent site and the CMC asbestos issue will be on an upcoming agenda in the next few weeks. 1:26:44 2. Reminder of quarterly Transportation Coordinating Committee Meeting on October 28, 2009 at 10 a.m, at City Hall (Kukulski) 1:27:00 3. Community Economic Development Plan (Kukulski) Mr. Kukulski explained that staff will be coming to the Commission soon about designating a qualified employee for the economic development responsibilities component and establish an 6of8 Minutes of the Bozeman City Commission Afeeling, October 16, 1009 economic development council. The Commission can begin thinking about parameters and how the staff can help the Commission to proceed with getting that council seated. 1:28:03 4. Board of Ethics Update next Monday (Sullivan) Mr. Sullivan explained that the chair of the Board of Ethics will be here next Monday to provide an update on the work the board has been doing. They have received a draft of the retaliation whistle blowing Ordinance and should be passing a recommendation on to the Commission around mid November and should have that for the Commission around Thanksgiving. 1:28:42 5. Status of the intersection at Willson and College (Rupp) Cr. Rupp asked if the TCC meeting discusses these types of updates. 1:28:59 Debbie Arkcll, Director of Public Works Ms. Arkell said yes, that project would likely come up as the TCC does an update of projects at each meeting. She said that MDT met on site at the intersection with local and state historic preservation folks to draw out the roundabout so they could see the impact to the area. They are waiting for feedback from the state historic preservation society. They plan to come to the Commission with a recommendation/result. Jeff Ebert with MDT said he would try to come to the Commission before this Commission is done. Ms. Arkell explained that the urban route priorities will be the main discussion taking place at the Transportation Coordinating Committee meeting. 1:30:50 6. Diversity March Volunteers Cr. Becker asked about intersection management on Sunday, November 1 st during the diversity march. 1 :31:09 Ms. Arkell Ms. Arkell answered Cr. Becker regarding volunteers to man (or woman) barricades for a rolling stop at the Diversity March explaining that street superintendent John Van Delinder determined we will not require certified flaggers so anyone can volunteer to help with that. We still need 12 more volunteers to meet at 1:45 at the corner of Harrison and 8th. 1:32:26 7. Preserve America signs Mayor Jacobson asked the status about preserve America signs that were to be installed that she thinks were given to John Van Delinder. 1:33:27 8. Future agenda item to look at loaning money for start up costs to the Tourism Business Improvement District Board Cr. Bryson asked for the Commissioners support to add to a future agenda a loan to the tourism business improvement district for start up costs. 1:33:44 Cr. Becker Cr. Becker said he was in favor of supporting Cr. Bryson's request for a future agenda item. 7of8 Minutes of the Bofenman City Cornrnission AAeetincr, October 26 2009 1:33:54 Cr. Rupp Cr. Rupp said he was in favor of supporting Cr. Bryson's request for a future agenda item. 1:35:30 9. Unified Development Ordinance (UDO) Text Revisions Cr. Becker asked that staff place the proposed text revisions to the unified development ordinance on line if it is not already. 1:35:48 I. Adjournment Mayor Jacobson adjourned the meeting at 7:35 p.m. Kaaren Jacobson, Mayor ATTt6'f B O Z��''. r Sta C ity Clerk PREPARED BY: Aimee K ssel, Deputy City Clerk Approved on Q 8of8