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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 25, 2011
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, April 25, 2011. Present were Mayor Jeff Krauss, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski,
Assistant City Manager Chuck Winn, City Attorney Greg Sullivan and City Clerk Stacy Ulmen.
* * Please refer to the audio recording of this meeting for additional detail.
0:15:04 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.
0:15:07 B. Pledge of Allegiance and a Moment of Silence
0:16:02 C. Changes to the Agenda
Mayor Krauss asked Mr. Kukulski if there were any changes to the agenda. City Manager Chris
Kukulski stated that there are no changes to the agenda. Mayor Krauss stated that there will be
two special presentations.
0:16:24 D. Authorize Absence of Commissioner Andrus
0:16:30 Motion and Vote to authorize the absence of Cr. Andrus.
It was moved by Cr. Becker, seconded by Cr. Mehl to authorize the absence of Cr. Andrus.
Those voting Aye being Crs, Becker, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
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0:16:39 E. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize Mayor to sign Interlocal and Mutual Aid Agreement with Gallatin County for
the Performance of Rural Fire Chief Duties on an Interim Basis – Extension of end date
for an additional 30 days (Shrauger)
3. Authorize City Manager to sign Notice of Award for replacement of the water mains in S.
8th Ave., Harrison Street to Main Street; Bozeman Ave., Story Street to Olive Street; E.
Koch Street, Bozeman Ave. to Lindley Place; and Lindley Place from E. Koch Street to
Olive Street (Murray)
4. Authorize Mayor to sign Findings of Fact and Order for the preliminary plat application
no. P-11001 Meadow Creek Subdivision, Phase 2 (Skelton)
5. Accept report detailing the financial and workload position of the Building Inspection
Division for the quarter ending March 31, 2011 (Risk)
6. Reclaim approval authority over Conditional Use Permit and Variances for Application
no. Z-11069, Fellowship Baptist Church (Skelton)
7. Approve Resolution No. 4313, authorizing City Manager to sign Change Order No. 21 for
the Lower Yard Vehicle Maintenance and HRDC Bus Barn (Goehrung)
8. Finally Adopt Ordinance No. 1803, authorizing City Manager to enter into a 1-year
ground lease with Bill Tatarka for the Mandeville property for the purpose of farming
(Arkell)
0:16:55 Public Comment
Mayor Krauss opened public comment on the Consent Agenda.
No person commented.
Mayor Krauss closed public comment.
0:17:08 Mr. Kukulski
Mr. Kukulski noted that the water projects are part of the Consent agenda.
0:17:38 Mayor Krauss
Mayor Krauss spoke regarding Consent Item No. 2 and was wondering if the City is paying the
County Fire Chief. Mr. Kukulski stated no. We are on an interim basis to cover the Fire Chief
position. The County is paying the City for the position. This is similar to Emergency
Management set up.
0:19:03 Greg Sullivan
Mr. Sullivan stated that pursuant to the Agreement, the liability is on the County.
0:20:38 Motion and Vote to approve Consent Items E. 1-8.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Consent Items E. 1-8.
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Those voting Aye being Crs. Mehl, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:20:52 F. Public Comment
Mayor Krauss opened general public comment.
No person commented.
Mayor Krauss closed public comment.
0:21:29 G. Special Presentations
0:21:40 1. Mayor from Missoula Video
The Mayor from Missoula dressed in Montana State University Bobcat gear was shown in a
video as the Missoula City Attorney stated that the Montana State Grizzlies were defeated by the
Bobcats in the football championship. Mayor Krauss and the Missoula Mayor had a deal that the
team that was defeated at the championship game, would dress in the winning Team's colors and
make a video acknowledging the defeat.
0:24:32 2. Proposed Policy Recommendations: Special District for Park Maintenance
(Graduate Intern Randy Wall)
Mr. Wall gave the presentation regarding proposed policy recommendations for a special district
for park maintenance. He spoke regarding his analysis and challenges in which he identified.
Two areas for discussion were identified including the effectiveness of the current program and
the contribution to the Core Values. He spoke regarding policy recommendations including a
citizen engagement campaign, a cooperative study with Homeowner Associations (HOA) with
park maintenance responsibilities, outreach program implementation, conducting a work session
with the Commission, the creation of a parks information team, using social media, the creation
of a blog, the creation of a Facebook page and an electronic newsletter, along with a capacity
building campaign.
0:45:02 Commission Discussion
Discussion took place regarding other Cities that have Park Maintenance Districts.
Cr. Becker stated that it may not be worth it to take this on right now but staff should take the
report and take it to the next level. Staff should look at the following questions: Will it improve
delivery of services? Will this create a more effective and efficient parks department through this
larger program? Will it improve the quality of the parks?
Cr. Taylor asked if Homeowners Association (HOA) Management was looked at. Mr. Wall did
not get into this very much. He summarized what they typically do.
Mayor Krauss spoke regarding reducing HOA dues. He asked if volunteer time that goes into
City vs HOA Parks was considered. Mr. Wall stated no. Mayor Krauss stated that the issue of
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geographical equity is something he is interested in. He wants to know how this problem can be
solved. Mr. Wall suggested asking the citizens and that the loss of local buy-in needs to be
addressed. There is a need for public buy-in. Mayor Krauss stated that this will be added to a
future agenda for more discussion.
1:09:48 Public Comment
Mayor Krauss opened public comment.
1:10:05 Mary Vanthull, Public Comment
Ms. Vanthull stated that she is a prior City Commission member and was also on the Library and
Recreation Board. To get voters to go for something like this is difficult. There needs to be
cooperation with County. In regards to the regional park, we have a vested interest. She
wondered if this would be included with the money in the Park Maintenance District.
1:15:23 Public Comment closed
Mayor Krauss closed public comment.
1:15:27 H. Action Items
1:15:49 1. Decision whether the City owned building located at 214 East Lamme is
Unnecessary for City purposes (Goehrung)
Facilities Service Director James Goehrung spoke regarding the decision whether the City owned
building located at 214 East Lamme is unnecessary for City purposes. This is the house next
door to City Hall.
1:19:17 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
1:19:28 Motion and Vote to declare the City owned building located at 214 East Lamme
unnecessary for City purposes.
It was moved by Cr. Taylor, seconded by Cr. Becker to declare the City owned building
located at 214 East Lamme unnecessary for City purposes.
Those voting Aye being Cr. Taylor, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
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1:19:46 2. Sketch Plan Certificate of Appropriateness with Deviations, Application no. Z-
11037, 214 East Lamme Street (Kramer)
Historic Preservation Officer Courtney Kramer gave the Staff presentation regarding the Sketch
Plan Certificate of Appropriateness with Deviations, Application no. Z-11037, 214 East Lamme
Street.
1:39:58 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
1:40:14 Motion that based upon the analysis and findings in the Staff Report, I move to
approve the removal of the structure located at 214 East Lamme Street after October 1,
2011, with conditions as recommended by Staff and subject to all applicable code
provisions.
It was moved by Cr. Becker, seconded by Cr. Mehl that based upon the analysis and
findings in the Staff Report, I move to approve the removal of the structure located at 214
East Lamme Street after October 1, 2011, with conditions as recommended by Staff and
subject to all applicable code provisions.
1:40:44 Commission Discussion
Cr. Mehl wondered if the same conditions that are placed on this project are the same as public?
Ms. Kramer stated yes.
Cr. Taylor spoke regarding the potential economic value. Ms. Kramer spoke regarding the
Historic Preservation Board's concern. We have been consistent in a complete application. Cr.
Taylor stated that there is a need to trust staff on the figures. He wondered what the prospects
were for historic district encompassing this area? Ms. Kramer stated that needs to be
Commission driven. It is difficult to evaluate the entire neighborhood for this because data is out
of date. He supports the Motion and does not agree with putting money into it.
Cr. Mehl wondered about the distinction of merits because he is confused. Ms. Kramer believes
there is a district but it does not include this residence. There is a need for more data. Cr. Mehl
asked if it is considered demo by neglect even if owner tried to give it away. Ms. Kramer stated
that this is not based on owner’s ability and willful intent. He will approve. Cr. Mehl spoke
regarding safety standards. The HRDC figures look good. Ms. Kramer spoke regarding HABS
grant requirements. A $5,000 Cap is reasonable.
Mayor Krauss stated that this home was built next to a truck yard. Early on, it was converted into
apartments. He suggested capping the cost of $5,000 for HABS. Change is good and this is for
the Public good. Digital photography is the bulk of cost.
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Cr. Becker stated that the City has been trying to give the house away for 5 years. Moving it is a
problem because it is too big and it is not in great shape. He votes to approve.
1:51:43 Amendment to the Main Motion that Condition No. 2 found on the top of page 3 of the
staff memo be amended at the end to read: " ....prior to issuance of a demolition permit and not to
exceed $5,000."
It was moved by Cr Mehl, seconded by Cr. Taylor that Condition No. 2 found on the top of
page 3 of the staff memo be amended at the end to read: " ....prior to issuance of a
demolition permit and not to exceed $5,000."
1:52:10 Commission Discussion on the Amendment
Discussion took place regarding the cost of the photography.
1:53:21 Vote on the Amendment that Condition No. 2 found on the top of page 3 of the staff
memo be amended at the end to read: " ....prior to issuance of a demolition permit and not
to exceed $5,000."
Those voting Aye being Crs. Mehl, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
1:53:31 Vote on the Main Motion as amended that based upon the analysis and findings in
the Staff Report, I move to approve the removal of the structure located at 214 East
Lamme Street after October 1, 2011, with conditions as recommended by Staff and subject
to all applicable code provisions.
Those voting Aye being Crs. Becker, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
1:53:46 3. North Rouse Avenue Impound Yard, Application No. R-10019 (Saunders)
Planning Director Tim McHarg gave the staff presentation regarding the North Rouse Avenue
Impound Yard, Application No. R-10019. He stated that the Police Department is asking that this
application not be moved forward because they have decided to go a different direction.
1:55:17 This item has formally been withdrawn.
1:55:28 Public Comment
Mayor Krauss opened public comment.
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No person commented.
Mayor Krauss closed public comment.
1:55:39 Break
Mayor Krauss declared a break.
2:07:45 Meeting called back to order
Mayor Krauss called the meeting back to order.
2:07:50 4. Final Adoption of Ordinance No. 1798, General Revisions to Chapter 12.32 of the
Bozeman Municipal Code, Parades and Public Assemblies, Providing for Revisions to the
Regulations and Approval of Parades and Public Assemblies (Arkell)
Public Service Director Debbie Arkell gave the staff presentation regarding the Final Adoption
of Ordinance No. 1798, General Revisions to Chapter 12.32 of the Bozeman Municipal Code,
Parades and Public Assemblies, Providing for Revisions to the Regulations and Approval of
Parades and Public Assemblies.
2:16:01 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:16:10 Motion and Vote to finally adopt Ordinance 1798 as amended by the Commission
at provisional adoption and also to include the amendments suggested by staff generally
revising Chapter 12.32 of the Bozeman Municipal Code.
It was moved by Cr. Mehl , seconded by Cr. Taylor to finally adopt Ordinance 1798 as
amended by the Commission at provisional adoption and also to include the amendments
suggested by staff generally revising Chapter 12.32 of the Bozeman Municipal Code.
Those voting Aye being Crs, Mehl, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
2:16:59 5. Final Adoption of Ordinance No. 1801, Revisions to Chapter 12.26 of the
Bozeman Municipal Code, Park Permits, Providing for Revisions to the Regulations and
Approval of Park Permits (Dingman)
Director of Parks and Recreation Ron Dingman gave the presentation regarding the final
Adoption of Ordinance No. 1801, Revisions to Chapter 12.26 of the Bozeman Municipal Code,
Park Permits, Providing for Revisions to the Regulations and Approval of Park Permits.
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2:18:55 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:19:03 Motion and Vote to finally adopt Ordinance No. 1801 as recommended by staff
including the amendments provided for final adoption amending Chapter 26, Article II,
Section 12.26 of the Bozeman Municipal Code, Park Regulations.
It was moved by Cr. Taylor, seconded by Cr. Becker to finally adopt Ordinance No. 1801
as recommended by staff including the amendments provided for final adoption amending
Chapter 26, Article II, Section 12.26 of the Bozeman Municipal Code, Park Regulations.
Those voting Aye being Crs. Taylor, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
2:19:38 6. Resolution No. 4314, revising Permit Fees for Parades and Public assemblies,
including public assemblies within public parks, and the schedule of service costs for
parades and public assemblies (Arkell)
Director of Public Service Debbie Arkell gave the staff presentation regarding Resolution No.
4314, revising Permit Fees for Parades and Public assemblies, including public assemblies within
public parks, and the schedule of service costs for parades and public assemblies.
2:23:39 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:23:44 Motion and Vote to approve Resolution No. 4314, revising permit fees for parades
and public assemblies, including public assemblies within public parks and the schedule of
service costs for parades and public assemblies.
It was moved by Cr. Becker, seconded by Cr. Mehl to approve Resolution No. 4314,
revising permit fees for parades and public assemblies, including public assemblies within
public parks and the schedule of service costs for parades and public assemblies.
Those voting Aye being Crs. Becker, Mehl and Taylor.
Those voting No being Mayor Krauss.
The motion passed 3-1.
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2:24:33 7. South 8th Avenue Funding Recommendation (Arkell and Rosenberry)
City Engineer Rick Hixson gave the staff presentation regarding the South 8th Avenue Funding
Recommendations. He spoke regarding the current condition of South 8th. He spoke regarding
different options for funding. City Finance Director Anna Rosenberry spoke regarding available
funding sources and three scenarios that have been put together.
3:07:51 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
3:08:06 Commission Discussion
Mayor Krauss stated that he likes Option A the most because of getting it fixed immediately.
Some amount of a Special Improvement District is important. Mayor Krauss stated that he hopes
that we can find a bit more capacity expansion. He likes the bike lanes. He would like to find a
way to pay for this. He would like to see the City as a whole contribute. He spoke regarding
spreading the costs. We can show that contributions for the City will be made by doing so. He
feels that this will be a minor arterial in the future. He does not support C.
Cr. Becker feels there will be some opposition. Option A is probably the best for now but we
need to explore Option B later. Transportation and deferred maintenance is a higher priority than
Parks at this time.
Cr. Taylor likes Option A. He spoke of the differences between Option A and B. Option B is a
one shot deal. Mr. Hixson stated that a patch will last until final construction.
Cr. Mehl likes Option A because of the timeliness. Option B and C should be in next year's
budget discussion. Option A is the least expensive for the tax payer.
3:25:04 Motion and Vote that having considered the information provided, I move we
adopt funding Option A and direct staff to proceed with the project
It was moved by Cr. Mehl seconded by Cr. Taylor that having considered the information
provided, I move we adopt funding Option A and direct staff to proceed with the project.
Those voting Aye being Crs. Mehl, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
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3:25:28 8. Appointment to the Design Review Board (Kissel)
It was moved by Cr. Taylor, seconded by Cr. Becker to appoint Page Huyette to the Design
Review Board.
Those voting Aye being Crs. Taylor, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
3:25:53 I. FYI/Discussion
1. Prior request for Annexation-follow up to Cr. Mehl
2. Story Mansion request for proposals update
3. Cr. Mehl will fill in for Cr. Taylor at the Streamline meeting tomorrow.
3:27:42 J. Adjournment
Mayor Krauss adjourned the meeting at 9:19 p.m.
____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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