HomeMy WebLinkAbout04-20-2009 Minutes, City CommissionLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 0, 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 Mayer .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 Roorn, 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.
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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 meetiny, minutes.
Those voting Aye beinIZ Crs. Rupp, Becker, Krauss, Bryson and Mayor, Jacobson.
Those votinp, No beinp, 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
Authorize Payment of Claims (LaMeres)
2. Autherize City Managef te sign Change Or-def No.9 iii the amaiant ef S! 1,159.61
a-Ed Chaiage Ofdef No. 4 0 f6f a efedit of ($4,803.40) f-ef the r-eneva4iaii ef the Stefy
Mansion (GoehfuRg)
3. AnDrove 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 Restroo at Kirk Park (White)
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,
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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, E-pple
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.
032:15 Cr. Bryson
Cr. Bryson continued questions for staff.
0:33:51 Cr. Rupp
Cr. Rupp continued questions for staff.
0:35:50 1. 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 Jacobson 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.
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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.
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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 fi
Heebs and also wanted to point out that deliveries come into the alleyway all the time.
1:20:54 Katherine Bq1,1 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 UpCOMiDg 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,
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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 cast. 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.
1,4113 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 Chi 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 Mayor Jacobson
Mayor Jacobson began questions for staff.
2:02 Public Comment
Mayor Jacobson opened public comment on this item.
2:02:41 Mike Ho
pe, 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
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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:I I Cr. Becker
Cr. Becker continued questions for Mr- Hope,
2:22:40 Mr. Hop
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 coinment, 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 bj 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.
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2:34:24 Vote on the motion to direct staff to brie 2 back to us a loan a2reement for cleanup
of blast damaZed property in the amount of $300,000.
Those votin2 Aye beinp Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson.
Those voting No being none.
The motion Dassed 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 b 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 the speak with the Bozeman Municipal Band.
Those voting Aye being Crs. Rupp, Becker, Krauss, Br son 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 th
Community Alcohol Coalition).
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Those voting Are 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 upcorning
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 fi - om the Task Force were around town over
the weekend cleaning up graffiti.
2:57:32 K. Adjournment
Mayor Jacobson adjourned the meeting at 9:1.6 p.m.
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s loner when the meeting took place,
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16
PkEP' D BY:
AimA Kissel, Deputy City Clerk
Approved on Avcj'� 0
NOTE: These minutes were not completed until February 201 Approval was completed by the
2011 Mayor and Commissioners.
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