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HomeMy WebLinkAbout09-27-10 Minutes, City Commissionle t MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 27, 2010 The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, September 27, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, City Attorney Greg Sullivan, Finance Director Anna Rosenberry and City Clerk Stacy Ulmen. * * Please refer to the audio recording of this meeting for additional detail. 0:12:05 A. Call to Order — 6 p.m. — Commission Room, City Hall, 121 North Rouse Mayor Krauss called the Meeting to order at 6:02 p.m. 0:12:10 B. Pledge of Allegiance and a Moment of Silence 0.13.01 Welcome Mayor Krauss welcomed everybody to the meeting. 0:13:22 C. Changes to the Agenda City Manager Chris Kukulski requested that Action Item No. 3, Resolution No. 4290, Annual Assessment for Tourism Business Improvement District be removed from the agenda this evening. 0:13:41 D. Public Service Announcement 0:14.14 1. 49th Annual Fire Prevention Breakfast - October 4th (Coburn) 0 :14:18 Jack Coburn, Fire Marshall Mr. Coburn presented a PSA regarding the 49th Annual Fire Prevention Breakfast on Monday October 4th. He also spoke regarding Fire Prevention Week,. 0:17:552. Mayor's Community Climate Task Force seeking public input through online survey (Meyer) Page 1 of 13 Minutes of the Bozeman City Commission, September 27, 2010 0: 17,56 Natalie Meyer, Grants and Climate Protection Coordinator Ms. Meyer presented a PSA regarding the Mayor's Community Climate Task Force seeking public input through an online survey. 0:18:56 E. Authorize Absence of Cr. Becker 0: 18:59 Motion and Vote to authorize the absence for this week of Cr. Becker. It was moved by Cr. Mehl, seconded by Cr. Andrus to authorize the absence for this week of Cr. Becker. Those voting Aye being Crs. Mehl, Andrus, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:19:31 F. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign a Professional Services Agreement with Media Works for the Design and Programming of the N. 7th Avenue Urban Renewal Board Website (Thorpe) 3. Approve the Renewal of a 2010 Liquor License for the American Legion Club to sell liquor at 225 East Main Street (Neibauer) 4. Approve Payment of $4,269.31 for the Buttrey's Solvent Site Cost Recovery (Cooper) 5. Approve Request for a one-year extension of Preliminary Plat Approval No. P-07027, from Aspen Park Major Subdivision as recommended by the Development Review Committee (Skelton) 6. Approve Park Master Plan No. P-07047 for Norton East Ranch Subdivision as recommended by the Recreation and Parks Advisory Board (Skelton) 0:19 :46 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment 0:19:56 Motion and Vote to approve Consent Items F. 1-6 as submitted. It was moved. by Cr. Andrus, seconded by Cr. Ta ,Xlor to approve Consent Items F. I -6 as submitted. Those voting Aye being Cirs. Andrus, Taylor, Mehl and Mayor Krauss. Page 2 of 13 Minutes of the Bozeman City Commission, September 27, 2010 Those votLng No being none. The motion assed 4-0. 0:20:10 G. Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:21:16 H. Special Presentation — Human Resource Development Council (HRDC) Inc. Road to Home Presentation (Dana Burkett, HRDC) 0:21:36 Dana Burkett, HRDC Homeownership Center Ms. Burkett gave the Human Resource Development Council (HRDC) Inc. Road to Home presentation. 0:25:06 Cr. Mehl Cr. Mehl stated that this is a fantastic program. How are the numbers for foreclosure? 0:25:28 Ms. Burkett Ms. Burkett stated that foreclosures have increased, 0:27:561. Action Items 0:27:58 1. Resolution No. 4291, Supporting the relief sought by the same sex couples in Donaldson et al. v. State of Montana (Krauss) 0:28:17 Mayor Krauss Mayor Krauss stated that he is the presiding officer. This is about our community as two of the couples are from Bozeman. We need to exercise self control. He spoke regarding the time for public comment. 0:32:11 Mayor Krauss Mayor Krauss gave the presentation regarding Resolution No. 4291, Supporting the relief sought by the same sex couples in Donaldson et al. v. State of Montana. He spoke regarding the current lawsuit involving these couples. Bozeman has supported diversity in the past. 0:41:52 Public Comment Mayor Krauss opened public comment. Page 3 of 13 Minutes of the Bozeman City Commission, September 27, 2010 0:42:36 Dan Glory, Public Comment Mr. Glory of 429 North Church Avenue stated that his grandson has two mommies. This country was found on liberty and justice for all. 0:43:37 RobertDahell Public Comment Mr. Dabell of 500 Oxford Drive spoke regarding the Declaration of Independence. All humans should be treated with dignity. This is not a role of the City Commission. 0:45:25 Niki Ziwanie, Public folic E Director ACLU Ms. Zupanic spoke on behalf of the members of American Civil Liberties Union. She spoke regarding the lawsuit. This is about basic fairness. 0:48:27 Lynn O'elleng Public Comment Ms. Hellenga of 1017 O'Connell Drive is a mother of two elementary school aged children. She would like to encourage the support of the Resolution. This is a humanity issue. 0:49-19 ' GeoMe Brisky, Public Comment Mr. Brisky of 42831 Rose Street retired Municipal Clergyman in New York. Ile hopes that the City continues with this Resolution. 0:50.32 John Olson, Public Comment Mr. Olson of 204 Pondere thanked the Commission for what they are doing. He spoke regarding suicides due to being gay. He is proud to call Bozeman his home. 0.52:07 Gloria Hardin, Public Comment Ms. Hardin stated that she was behind the petition gathering regarding the Marriage Amendment. She spoke regarding the ACLU stating that this is the destruction of our City and Country. 0:58:37 Roberta Zankm Public Comment Ms. Zanker stated that she is an Attorney. She is trying to not be an activist. She is gay and has children. She wants to see her rights. 1:01.21 Lauren Moran, Public Comment Ms. Moran of 301 South Grand Avenue stated that she is a Montana resident and is a Lesbian. She represents a young generation. She thanked the City for taking a public stand in protecting gay's rights. 1:02:23 WLanloffy, Public Comment Mr. Laszloffy stated that he lives in Laurel, Montana and is a former Legislator and the President of the Montana Family Foundation. He asks that the City vote no on this Resolution. Page 4 of 13 Minutes of the Bozeman City Commission, September 27, 2020 1: 05:49 Richard Bennett, fuhlic Comment Mr. Bennett of 1612 West Olive stated that he was the co-coordinator for the Marriage Amendment in 2004. The purpose of this lawsuit is to overturn the Marriage Amendment, 1:08.33 Ninia Behr, Public Comment Ms. Behr of 6204 Camp Creek Road, Amsterdam stated that she wants the same rights. This issue is so important. She is going to work for the ACLU. She is pleased with what the City is doing and is hoping that other cities will follow Bozeman's lead. 1:09.44 Te rry Cunningham, Public Comment Mr. Cunningham of 3224 Hidden Springs Lane stated that equal rights are not granted to those in the minority by the grace of the majority. This is friction in action. He thanked the City for being bold leaders. 1:11 :28 Rick Ball, Public Comment Mr. Ball of 712 North Montana stated that what is needed is a reality check. He spoke regarding the homosexual lifestyle. He read from scripture. 1:15 :34 Rein Gillstorm, Public Comment Mr, Gillstrom of 503 Sheridan Avenue stated that he is against the City taking this stand. He spoke regarding Oaths and the ending statement of."So Help Me God". This is not freedom and liberty. He is for the moral minority in this state and this town. 1:20:44 Steven Tanner, Public Comment Mr. Tanner of 603 West Babcock stated that this is not an issue sexual practices and marriage; this is an issue of personal liberty and maintaining freedom. He encouraged the Commission to vote favorably. 1:22:08 Bethany Lefiem Public Comment Ms. Letiecq of 1936 Little Cottage Lane stated that she is moved that the Commission to put this Resolution forward. She thanked the couples who have joined the lawsuit and recognized them for their courage. She hopes that there is a unanimous vote for this. 1:23:18 ' Yvonne Rudmann, Public Comment M s. Rudmann of 910 West Koch applauded the Commission for taking a stand for social and economic justice for all the citizens of Bozeman. 1.23.45 Mark Hu stetler, Public Comment L Mr. flufstetler has lived in Bozeman since 1983. fie is proud of the City Commission. He hopes that they vote in favor. Page 5 of 13 Minutes of the Bozeman City Commission, September 27, 2010 1:25:00 Michael Vincent, Public Comment Mr. Vincent of 19 South Tracey stated that he supports the Resolution this is about love your fellow man and not hate. We need to think about others. 1 Public Comment Closed Mayor Krauss closed public comment. 1:26:09 Motion to approve Resolution No. 4291, supporting the relief sought by the same sex couples in Donaldson et al. v. State of Montana. It was moved by Cr. Taylor, seconded b Cr. Mehl to approve Resolution No. 4291, supporting the relief sought by the same sex couples in Donaldson et al. v. State of Montana. 1:26:25 Cr. Taylor Cr. Taylor spoke regarding his position on the motion. He is going to support the Resolution, 1:34:57 Cr. Andrus Cr. Andrus spoke regarding his position on the motion. She supports the Resolution. 1:37:24 Cr. Mehl Cr. Mehl spoke regarding his position on the motion. He is supporting the Resolution, 1:50 :00 Mayor Krauss Mayor Krauss spoke regarding his position on the motion. It is a test of values, he is confident that Bozeman will pass that test. 1:57:10 Friendly Amendment to add to the section at the end of the Resolution "NOW FURTHER, BE IT RESOLVED, that the City Clerk forward signed copies of this resolution to the Attorney General and Governor of the State of Montana, Gallatin County Legislators, Speaker of the Montana State House and President of the Senate ", to be distributed January 3rd of the New Legislature 2011. Cr. Andrus proposed a Friendly Amendment to add to the section at the end of the Resolution "NOW FURTHER BE IT RESOLVED, that the City Clerk forward sian ed copies of this resolution to the Attorney General and Governor of the State ofMontana, Gallatin Coun!E LggLislators, Speaker ofthe Montana State House and President of the Senate" to be distributed January 3rd of the New Legislature 2011. Page 6 of 13 Minutes of the Bozeman City Commission, September 27, 2010 1:57:37 Friendly Amendment seconded Cr. Taylor seconded the amendment. 1:58:12 Cr. Mehl Cr. Mehl agreed to the Friendly amendment. 1:59:40 Vote on the Motion to approve Resolution No. 4291, supporting the relief sought by the same sex couples in Donaldson et al. v. State of Montana with the Friendly Amendment to add to the section at the end of the Resolution "NOW FURTHER, BE IT RESOLVED, that the City Clerk forward signed copies of this resolution to the Attorney General and Governor of the State of Montana, Gallatin County Legislators, Speaker of the Montana State House and President of the Senate", to be distributed January 3rd of the New Legislature 2011. Those voting Ave being Crs. Talor Mehl, Andrus and Mayor Krauss. Those voting No bein_g none. The motion passed 4-0. 1:59:55 Cr. Mehl Cr. Mehl stated that Cr. Becker could not attend the meeting this evening, but gave his support of the Resolution as drafted. 2:00:09 Break Mayor Krauss called a break. 2.21:49 Back to order Mayor Krauss called the meeting back to order. 2:21:57 2. Policy Development regarding Abandoned or Uninhabitable Buildings (Kramer) 2:22:38 Courtney Kramer, Historic Preservation Officer Ms. Kramer gave the staff presentation regarding a Policy Development regarding Abandoned or Uninhabitable Buildings. The Commission is being asked to consider options for addressing abandoned or uninhabitable buildings and direct staff and advisory board towards policy development. They have been asked to consider the following 3 questions; Are dilapidated buildings a concern to the City of Bozeman? Should the City Adopt the International Property Maintenance Code? Should the City Develop a demolition by neglect ordinance? Page 7 of 13 Minutes of the Bozeman City Commission, September 27, 2010 2,35 Mark Hufstetler, Historic Preservation Board Chair Mr. I lufstetler stated that this is something that the City needs. We need to disassociate aesthetics from engineering and it needs to apply to buildings equally. He feels it is appropriate to exclude residential. 2,38.52 Mr. Hufstetler Mr. Hufstetler stated that we are looking at an issue that is urgent. He encouraged the Commission to look at this. We need to look at something locally based and look at triggers. 2:40:08 Ms. Kramer Ms. Kramer spoke regarding the interior issue property maintenance. The City has no ability to mandate fixing stuff like water heaters etc. 3:01:06 Laura Dalton, Historic Preservation Board Member Ms. Dalton spoke regarding structural adequacy. 3:03:23 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3.15:13 Cr. Mehl Cr. Mehl wants staff to come back to the Commission. Plywood on Main Street and Mendenhall, he wants to see this dealt with. Legally, do we have a way to deal with banks? It is a safety issue, hurts property values. This needs to extend across the board. We are dealing with a public safety and financial issue. We need a standard for occupancy. In regards to a timeline, look at Great Falls and other jurisdictions. 3:18:03 Cr. Andrus Cr. Andrus likes the idea of a combination of using both the International Property Maintenance Code and the Demolition by Neglect Ordinance. We need to look at aesthetics and structures. 3:18:45 Cr. Taylor Ile favors something broader. He favors something that covers historic and non historic buildings. He is not opposed to a Bozeman-centered piece on demolition by neglect. He wants something that is more comprehensive in the long run. He is leery about fixing landlord tenant disputes. He cares about the aesthetics that have an effect on neighbors. Page 8 of 13 Minutes of the Bozeman City Commission, September 27, 2010 3:21:25 Mayor Krauss Mayor Krauss has concerns due to the economic times. lie spoke regarding the train station. He favors some over others. We can't ignore judgment in aesthetics. Focus on engineering. We must pay attention to health, safety and welfare and property values. Regarding the Property Maintenance Code, he can see a lot of basement apartments going away and getting into landlord tenant disputes. He agrees with developing a demolition by neglect ordinance. He has a hard time with treating all buildings the same. Possibly look at buildings by value. 3:29:07 Ms. Kramer Ms. Kramer summarized the Commission's direction stating that it appears that the best way to go about this is to continue to refine a Demolition by Neglect Ordinance that could be plugged into a Property Maintenance Code if the Commission decides to adopt this. Also, Staff will continue to work with downtown to address issues. 3:31:46 4. Resolution No. 4284, Delinquent Water and Sewer charges being assessed to City Special Assessments (Rosenberry) 3:31:55 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation regarding Resolution No. 4284, Delinquent Water and Sewer charges being assessed to City Special Assessments. 3:34:44 Public Comment Mayor Krauss opened Public Comment, 3:35:02 Samantha Butler, Public Comment Ms. Butler of 2253 Buck Rake stated that she is a first time home borrower. She stated that when she bought her home there was a lien against the property for delinquent water and sewer charges. She does not feel that people should be responsible for other's neglect. 3:36:45 Public Comment closed Mayor Krauss closed public comment, 3:37:53 ' Motion to approve Resolution No. 4284, with the new amended listing for delinquent water and sewer charges being assessed to city special assessments. It was moved b y Cr. Mehl, seconded by Cr. Andrus to approve Resolution No. 4284, with the new amended listing for delinguent water and sewer charges being assessed to city special assessments. Page 9 of 13 Minutes of the Bozeman City Commission, September 27, 2010 3:39.01 Vote on the Motion to approve Resolution No. 4284, with the new amended listing for delinquent water and sewer charges being assessed to city special assessments. Those voting Ale being Crs. Mehl, Andrus, TMlor and Major Krauss. Those voting No being none. The motion passed 4-0. 3:39:29 5. Resolution No. 4285, Delinquent Garbage charges being assessed to City Special Assessments (Rosenberry) 3:40:59 Ms. Rosenberry Ms. Rosenberry gave the staff presentation regarding Resolution No. 4285, Delinquent Garbage charges being assessed to City Special Assessments. 3:42:52 Public Comment Mayor Krauss opened Public Comment. No person commented. Mayor Krauss closed Public Comment. 3:42:55 ' Motion and Vote to approve Resolution No. 4285, with the amended list of delinquent garbage charges being assessed to city special assessments. It was moved by Cr. Andrus, seconded by, Cr. Tayfor to apgrove Resolution No. 4285, with the amended list of delinquent garbage charges being assessed to city special assessments. Those voting Aye being Crs. Andrus, Taylor, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:43:18 6. Resolution No. 4286, Delinquent Weed Removal charges being assessed to City Special Assessments (Rosenberry) 3 - 43:21 Ms. Rosenberry Ms. Rosenberry gave the staff presentation regarding Resolution No. 4286, Delinquent Weed Removal charges being assessed to City Special Assessments. 3:44:31 Public Comment Mayor Krauss opened Public Comment. No person commented. Mayor Krauss closed Public Comment. Page 10 of 13 Minutes of the Bozeman City Commission, September 27, 2010 3 :44:32 Motion and Vote to approve Resolution No. 4286, delinquent weed removal charges being assessed to city special assessments as listed. It was moved by Cr. Taylor, seconded by Cr. Mehl to al2prove Resolution No. 4286, delinguent weed removal charges being assessed to city special assessments as listed. Those voting Ale being Crs. Taylor, Mehl, Andrus and Ma or Krauss. Those voting No being none. The motion passed 4-0. 3:45:20 7. Resolution No. 4293, Final Creation of Special Improvement Lighting District No. 711, Norton Ranch Subdivision, Phase I (Rosenberry) 3.45.24 Ms. Rosenberry Ms. Rosenberry gave the staff presentation regarding Resolution No. 4293, Final Creation of Special Improvement Lighting District No. 711, Norton Ranch Subdivision, Phase 1. 3:54:44 ' Motion to approve Resolution No. 4293 Consider a motion approving Resolution No. 4293, final creation of special improvement lighting district no. 711, Norton Ranch Subdivision, Phase 1. It was moved by Cr. Taylor, seconded by Cr. Mehl to approve Resolution No. 4293 Consider a motion approving Resolution No. 4293, final creation of special improvement lighting district no. 711, Norton Ranch Subdivision, Phase 1. 3:55:15 Cr. Taylor Cr. Taylor requested that the Public Works Director come back to the Commission reporting on the 3 8ft high light. They are hoping that she can work with the developer to bring it as low as possible without compromising safety or lighting code issues. The full Commission agreed. 3:55:49 Vote on the Motion to approve Resolution No. 4293 Consider a motion approving Resolution No. 4293, final creation of special improvement lighting district no. '711, Norton Ranch Subdivision, Phase 1. Those voting Aye. being.Crs. Taylor, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 4-0. Page 11 of 13 Minutes of the BaZeMan City Commission, September 27, 2010 3:55:57 8. Appointment to the Senior Citizens' Advisory Board (Kissel) 3:56:18 Motion and Vote to appoint Fran Shellenberger to the Senior Citizens' Advisory Board. It was moved by Cr. Mehl, seconded by Cr. Andrus to appoint Fran Shellenberger to th Senior Citizens' Advisory Board. Those voting Aye being Crs. Mehl, Andrus, Talor and Ma or Krauss. Those voting No being none. The motion passed 4 3:56.39 9. Appointments to the Recreation and Parks Advisory Board (Kissel) 3:56:42 ' Motion and Vote to re-appoint Jared Nelson to the Recreation and Parks Advisory Board and change his representative status from student to at-large. It was moved by Cr. Mehl, seconded by Cr. Andrus to re-appoint Jared Nelson to the Recreation and Parks Advisoff Board and change his representative status from student to at-large. Those voting Aye being Crs. Mehl, Andrus, TUlor and Ma or Krauss. Those voting No being none. The motion passed 4-0. 3:57:18 J. FYI/Discussion 3:57-22 1. Cr. Andrus Absent Cr Andrus will be gone for next week's meeting. 3:57:45 K. Adjournment Mayor Krauss adjourned the meeting at 9:55 p.m. ATT.X* 9 T: IX • 4N ro All X YYY t Cm�,.C Clerk li! Jeff d�,I�Vau / ,x sR, ay ©r Minutes of the Bozeman City Commission, Sep tember 27, 2010 Page 13 of 13