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HomeMy WebLinkAboutApprove Minutes of April 20, 2009.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Aimee Kissel, Deputy City Clerk Stacy Ulmen, CMC, City Clerk Chris A. Kukulski, City Manager SUBJECT: Approval of April 2009 Regular Meeting Minutes MEETING DATE: March 07, 2011 MEETING TYPE: Consent RECOMMENDATION: Approve the Minutes from the Regular Commission Meeting of April, 2009. BACKGROUND: The minutes of 04-20-09 were inadvertently overlooked. These minutes are from a meeting of a prior Commission, so approval from the original attendees is problematic. While three of the present Commissioners were not serving in April of 2009, the audio recording of the meeting is available for reference to verify the accuracy of these minutes. A note has been added to the bottom of the minutes stating, “NOTE: These minutes were not completed until February 2011. Approval was completed by the 2011 Mayor and Commissioners.” ALTERNATIVES: · As suggested by the City Commission. Attachment: Text Minutes for April 20, 2009 On-line audio recording of this meeting available at: http://weblink.bozeman.net/WebLink8/0/doc/37273/Electronic.aspx 60 1 of 10 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 20, 2009 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, April 20, 2009. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Kukulski, Finance Director Anna Rosenberry, Planning Director Andy Epple, City Attorney Greg Sullivan, and Deputy City Clerk Aimee Kissel. 0:00:03 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse 0:00:04 B. Pledge of Allegiance and a Moment of Silence 0:00:45 C. Changes to the Agenda Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda. 0:00:47 Chris Kukulski, City Manager Mr. Kukulski removed consent item F. 2 from the agenda due to discrepancies in the numbers. 0:01:21 D. Public Service Announcements 0:01:26 1. National Crime Victims' Rights Week (Jan Brownell, Victims Assistance) 0:01:31 Jan Brownell, from the Victim Assistance Program Ms. Brownell introduced Aaron Deel, Crime Victim Advocate for the City of Bozeman. Ms. Brownell asked that the Commission endorse a Mayoral Proclamation to declare April 26th through May 2nd as Bozeman City Crime Victims Rights Week explaining why this is important and what it represents. 0:03:04 2. Gallatin Earth Celebration/National Conversation on Climate Action 0:03:14 Brit Fontenot, City Manager's Office Mr. Fontenot provided a presentation regarding events in Bozeman celebrating Earth Week. 0:07:15 Motion and Vote to approve the March 2, 2009 regular minutes and March 13, 2009 joint city-county meeting minutes. 61 April 20, 2009 City Commission Minutes 2 of 10 It was moved by Cr. Rupp, seconded by Cr. Becker to approve the March 2, 2009 regular minutes and March 13, 2009 joint city-county meeting minutes. Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 0:07:21 E. Minutes - March 2, 2009 and March 13, 2009 Joint City-County Meeting 0:07:38 F. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign Change Order No.9 in the amount of $11,159.61 and Change Order No.10 for a credit of ($4,803.40) for the renovation of the Story Mansion (Goehrung) 3. Approve Arbor Day, Screen Free Week and National Crime Victims' Rights Week Proclamations (Kissel) 4. Award Bid to PC Development for the sum of $109,500 to Purchase and Install a Pre-fabricated Restroom at Kirk Park (White) 5. Finally adopt Ordinance No. 1758, Amended Sections of Chapter 10.24, Speed Limits (Arkell) 0:07:48 Public Comment Mayor Jacobson opened public comment for consent items. No person commented. Mayor Jacobson closed public comment. 0:08:00 Motion and Vote to approve consent items 1, 3, 4, and 5. It was moved by Cr. Becker, seconded by Cr. Krauss to approve consent items 1, 3, 4 and 5. Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 0:08:21 G. Public Comment Mayor Jacobson opened general public comment. No person commented. Mayor Jacobson closed public comment. 0:08:35 H. Special Presentation - Code Compliance Program (Epple/Risk) 0:09:10 Andy Epple, Planning Director Mr. Epple began a staff presentation regarding Code Compliance programs. 62 April 20, 2009 City Commission Minutes 3 of 10 0:17:54 Mayor Jacobson Mayor Jacobson began questions for staff. 0:17:59 Vicki Hassler, Code Enforcement Officer Ms. Hassler responded to a question from Mayor Jacobson regarding the nuisance code. 0:20:07 Bob Risk, Chief Building Official Mr. Risk continued the staff presentation providing information on the code enforcement policy and program. 0:28:31 Mr. Epple Mr. Epple wrapped up the staff presentation on this item. 0:29:41 Cr. Krauss Commissioner Krauss began questions for staff. 0:30:36 Cr. Becker Cr. Becker continued questions for staff. 0:32:15 Cr. Bryson Cr. Bryson continued questions for staff. 0:33:51 Cr. Rupp Cr. Rupp continued questions for staff. 0:35:50 I. Action Items 0:35:51 1. Provisional Adoption of Ordinance No. 1759, Amendments to Ordinance No. 1726, providing for the amendment of Chapter 2.01 by amending the sections on Financial Disclosure, Post Employment Prohibitions and Definitions (Planalp) Mayor Krauss opened the public hearing with Mr. Planalp’s presentation. 0:36:14 Bob Planalp, Attorney Mr. Planalp was asked by the City to review the ethics ordinance. He provided the presentation on this item. 0:40:02 Cr. Bryson Cr. Bryson began questions for staff on this item. 0:40:40 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment and the public hearing. 63 April 20, 2009 City Commission Minutes 4 of 10 0:41:02 Motion and Vote to provisionally adopt Ordinance No. 1759, Amendments to Ordinance No. 1726, providing for the amendment of Chapter 2.01 by amending the sections on Financial Disclosure, Post Employment Prohibitions and Definitions. It was moved by Cr. Krauss, seconded by Cr. Bryson to provisionally adopt Ordinance No. 1759, Amendments to Ordinance No. 1726, providing for the amendment of Chapter 2.01 by amending the sections on Financial Disclosure, Post Employment Prohibitions and Definitions. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 0:41:47 2. South Wallace Lofts Informal Application No. I-09002 (Bristor) Mayor Jacobson opened the public hearing on this item with Ms. Bristor’s presentation. 0:42:09 Allyson Bristor, Associate Planner, Dept. of Planning and Community Development Ms. Bristor presented the staff report on this item. 0:49:47 Cr. Krauss Cr. Krauss began questions for staff. 0:52:03 Cr. Rupp Cr. Rupp continued questions for staff. 0:54:00 Cr. Bryson Cr. Bryson continued questions for staff. 0:55:06 Susan Kozub, on behalf of the Applicant Ms. Kozub from Instrinsik Architecture introduced Dan Harding, a principal designer at Intrinsik and Roger Thesing representing the property owners. Ms. Kozub then began the applicant presentation. 0:59:31 Dan Harding, on behalf of the Applicant Mr. Harding a designer with Intrinsik Architecture continued the applicant presentation. 1:05:24 Roger Thesing, Applicant Mr. Thesing, owner of Mountainside Development continued the applicant presentation. 1:11:00 Cr. Bryson Cr. Bryson began questions for the applicant. 1:12:34 Cr. Becker Cr. Becker continued questions for the applicant. 64 April 20, 2009 City Commission Minutes 5 of 10 1:17:44 Public Comment Mayor Jacobson opened public comment on this item. 1:18:01 Clark Finch, Public Comment Mr. Finch, owner of the East Main Heebs Shopping Center said he is supportive of this proposal but he is concerned about parking spaces. Mr. Finch brought up noise coming off the roof from Heebs and also wanted to point out that deliveries come into the alleyway all the time. 1:20:54 Katherine Ball, Public Comment Ms. Ball of 323 South Wallace said she thinks there are some really exciting things about this project, but is concerned about the accumulation of upcoming projects and the lack of parking. She is also concerned about the height and density of this proposal and the impact it would have on the existing neighborhood. 1:23:53 Jeff Ball, Public Comment Mr. Ball of 323 South Wallace said this project will establish new precedence and will hugely impact the South Wallace neighborhood. He spoke regarding concerns about the height of the proposal and the lack of parking as well as problems with the intersection of Babcock at the site proposal. 1:26:23 Public Comment and Public Hearing Closed. Seeing no further public comment, Mayor Jacobson closed public comment and the public hearing. 1:26:37 Cr. Krauss Cr. Krauss provided input for the applicant saying he is looking at the B-3 zoning. He also spoke regarding the need to address issues at Babcock and Wallace with some type of controlled intersection. Commissioner Krauss said he likes the idea of bargaining with $5,000 cash in lieu for spots within the parking garage. He does not agree that either property is contributing to a potential historic district. In general he feels this is a good project. Cr. Krauss said the proposed height is under the limit for the zoning of the district. He understands the concerns about parking. Exiting into alleys will need to be worked out with Heebs. He would prefer retail all the way around. 1:32:48 Cr. Bryson Cr. Bryson said he is worried about parking and would suggest the applicant formalize something with the parking commission. Cr. Bryson said conceptually he likes this project. He would encourage LEED certification. 1:34:41 Cr. Rupp Cr. Rupp likes that this project brings housing to downtown. He would encourage the applicant to continue working with the neighbors. He is concerned with noise issues and not so sure about the parking garage as the solution for lack of parking. This project has many merits on its own, 65 April 20, 2009 City Commission Minutes 6 of 10 but does not strike him as affordable. He would like to see where the bus stop would be and how upcoming changes to the nearby tire store will affect the project. 1:36:43 Cr. Becker Cr. Becker spoke regarding concerns about the double fronting on the south and east. He does not have a problem with the height of the proposal and appreciates the addition of residential to this area. He also spoke regarding how parking and vehicle movement will need to be improved. 1:42:13 Mayor Jacobson Mayor Jacobson said the Commissioners made good points on this project. She feels this would be a good development that meets a particular market demand in downtown areas. She feels the garage is a viable alternative for the parking problem. She feels it is important to continue to consider the neighborhood. 1:44:01 Break Mayor Jacobson called for a break. 1:44:11 Back from Break Mayor Jacobson called the meeting back to order from break. 1:44:14 3. Loan Agreement for Clean-Up of Blast-Damaged Property (Kukulski) 1:44:32 Chris Kukulski, City Manager Mr. Kukulski began the staff presentation on this item. 1:47:11 Ms. Rosenberry Ms. Rosenberry added to the staff presentation. 1:48:12 Mr. Kukulski Mr. Kukulski explained that additional information has been obtained since the agenda packet materials went out. He explained this new information. 1:50:14 Ms. Rosenberry Ms. Rosenberry continued the staff presentation on this item. 2:00:13 Mayor Jacobson Mayor Jacobson began questions for staff. 2:02:30 Public Comment Mayor Jacobson opened public comment on this item. 2:02:41 Mike Hope, Public Comment Mr. Hope of 2215 Arrowleaf Drive said he appreciates the Mayor and Commissioners quick response with this and spoke on behalf of the business owners involved. Mr. Hope answered questions regarding the costs associated with the clean up and why the business owners need 66 April 20, 2009 City Commission Minutes 7 of 10 financial help. Mr. Hope provided details regarding the challenges the cleanup has presented to the business owners. 2:09:06 Cr. Krauss Cr. Krauss asked questions of Mr. Hope. 2:17:11 Cr. Becker Cr. Becker continued questions for Mr. Hope. 2:22:40 Mr. Hope Mr. Hope acknowledged the offer from Northwestern Energy to loan $50,000 towards the blast clean up but asked that the City send a letter requesting that Northwestern Energy take care of the complete site cleanup. 2:23:30 Public Comment Closed Seeing no further public comment, Mayor Jacobson closed public comment and the public hearing. 2:23:39 Motion to direct staff to bring back to us a loan agreement for cleanup of blast damaged property in the amount of $300,000. It was moved by Cr. Bryson, seconded by Cr. Rupp to direct staff to bring back to us a loan agreement for cleanup of blast damaged property in the amount of $300,000. 2:23:55 Cr. Bryson Cr. Bryson began discussion on the motion and made findings on the motion. 2:25:47 Mayor Jacobson Mayor Jacobson continued discussion on the motion and made findings on the motion. 2:26:23 Cr. Rupp Cr. Rupp agreed with the Mayor and Cr. Bryson regarding the findings on the motion concerning public purpose then continued discussion. 2:28:56 Mr. Kukulski Mr. Kukulski asked clarifying questions of the Commission. 2:30:26 Mr. Kukulski Mr. Kukulski asked for confirmation from the Commission regarding the general direction staff should take regarding where the funds come from. 2:31:13 Cr. Krauss Cr. Krauss spoke to the motion and clarified his expectations regarding where the money being discussed will go towards and that he will expect a report when finished. 67 April 20, 2009 City Commission Minutes 8 of 10 2:34:24 Vote on the motion to direct staff to bring back to us a loan agreement for cleanup of blast damaged property in the amount of $300,000. Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:34:53 4. Bogert Bandshell Rehabilitation Sketch Plan Certificate of Appropriateness No. Z-09048 (Public Hearing) (Kramer) Mayor Jacobson opened the public hearing with Ms. Kramer's presentation 2:35:25 Courtney Kramer, Planner for the Department of Planning Ms. Kramer provided the staff presentation on this item. 2:42:10 Cr. Becker Cr. Becker began questions for staff. 2:50:23 Cr. Rupp Cr. Rupp continued questions for staff. 2:51:18 Public Comment Mayor Jacobson opened public comment. Seeing none, she closed public comment and the public hearing. 2:51:44 Motion and Vote to approve the Bogert Bandshell Rehabilitation Sketch Plan Certificate of Appropriateness No. Z-09048 as conditioned by Staff and with the addition that they speak with the Bozeman Municipal Band. It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Bogert Bandshell Rehabilitation Sketch Plan Certificate of Appropriateness No. Z-09048 as conditioned by Staff and with the addition that they speak with the Bozeman Municipal Band. Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:52:37 5. Appointment to the Community Alcohol Coalition (Kissel) 2:52:49 Motion and Vote to appoint Sheryl Wambsgans (to the Community Alcohol Coalition). It was moved by Cr. Becker, seconded by Cr. Krauss to appoint Sheryl Wambsgans (to the Community Alcohol Coalition). 68 April 20, 2009 City Commission Minutes 9 of 10 Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:53:15 6. Appointment to the Bozeman Historic Preservation Advisory Board (Kissel) 2:53:46 Motion and Vote to appoint Courtney Gunderson (to the Historic Preservation Advisory Board). It was moved by Cr. Krauss, seconded by Cr. Bryson to appoint Courtney Gunderson (to the Historic Preservation Advisory Board). Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:54:05 J. FYI/Discussion 2:54:11 1. Grand Opening of the Homeless Shelter Cr. Rupp reported that Sunday was the grand opening of the homeless shelter and thanked the staff that were involved and recognized how important this shelter will be to the community. 2:54:37 2. Floor Replacement at the Senior Center Cr. Bryson reported that he dedicated seven hours to the floor replacement at the Senior Center, saying that the replacement went well and the Commission will be invited to an upcoming Dancing with the Stars event at the Senior Center. 2:55:07 3. State House Bill 531 (Opposing red light cameras) passed today without the amendment for our contract. Mr. Kukulski provided an update on House Bill 531 and said he feels the City should appeal to the governor on this matter. 2:56:55 4. Vandalism and Graffiti Task Force Event Brit Fontenot reported that he and other volunteers from the Task Force were around town over the weekend cleaning up graffiti. 2:57:32 K. Adjournment Mayor Jacobson adjourned the meeting at 9:16 p.m. 69 April 20, 2009 City Commission Minutes 10 of 10 ____________________________________ Jeffrey K. Krauss Commissioner when the meeting took place, Mayor when the minutes were approved. ATTEST: _____________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: _____________________________________ Aimee Kissel, Deputy City Clerk Approved on __________________________. NOTE: These minutes were not completed until February 2011. Approval was completed by the 2011 Mayor and Commissioners. 70