HomeMy WebLinkAbout2008-06-23 Regular Meeting MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 23, 2008
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, June 23, 2008 at 6:00 p.m. Present were Mayor
Kaaren Jacobson, Cr. Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City
Manager Chris Kukulski, Deputy City Manager Ron Brey, Finance Director Anna Rosenberry,
Planning Director Andy Epple, Assistant Planning Director Chris Saunders, Assistant City
Attorney Tim Cooper, Sanitation Superintendent Steve Johnson, and Deputy City Clerk Cynthia
Jordan Delaney.
0:04:37 A. Call to Order - 6 p.m. -Community Room, Gallatin County Courthouse, 311
West Main Street
Mayor Jacobson called the meeting to order.
0:04:39 B. Pledge of Allegiance and a Moment of Silence
0:05:26 Changes to the Agenda -Chris Kukulski, City Manager
Mr. Kukulski stated that there is a change in order for the Fire Impact Fee Action items: item 2
needs to come before item 1.
0:05:51 C. Public Service Announcement -Fireworks (WinnBenz)
Fire Chief Chuck Winn discussed firework safety in City lixnits. No firework sales are allowed in
City limits. He stated that Class C consumer fireworks are only allowed to be discharged in the
City between 12 p.rn. on July 3 and 12 a.m. on July 6.
0:09:01 D. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign City of Bozeman Conditional Irrevocable
Offer of Dedication for Greek Way Apartments (Murray)
3. Authorize City Manager to sign the Sewer and Water Pipeline and Access
Easement and Agreement for Bozeman Brewery (Johnson)
4. Approve Resolution No. 4109, Indicating the City of Bozeman's Willingness
to accept Preserve America Funding if awarded and further indicating
Support for Projects within the City of Bozeman which are awarded Funding
(Kramer)
5. Approve Cash in Lieu of Parkland Dedication for Greek Way Apartments
#Z-07270 (Krueger)
6. Provisionally adapt Ordinance No. 1747, Durston House Zone Map
Amendment #Z-08072 (Bristor)
0:09:07 Public Comment
Bm_e~Trun C'ifv Co~nnaission MeetrnK, June 23, 2008
Mayor Jacobson opened and closed public comment. No person commented.
0:09:22 Motion and Vote to approve Consent items D. 1-b.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Consent items D. 1-6.
Those voting Ave being Crs. Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting No being Cr. Krauss.
The motion carried 4-l.
0:10:22 E. Public Comment
Mayor Jacobson opened public comment.
0:10:46 Christian Wilcox -Public Comment
Mr. Wilcox, of 1120 South Willson, gave pencils with name tags to Mr. Kukulski and the
Commission. He advised the City to start sharpening the pencils because taxes can't go up, and
people are getting disgusted with them.
0:14:33 Public Comment closed.
Mayor Jacobson closed public comment.
0:14:43 F. Special Presentation -Progress of the Road to Home Homeownership
Program (Tracy Menuez, Community Development Assistance, HRDC)
Tracy Menuez, of the HRDC's Road to Home Homeownership Center, gave an update on the
services provided in the last five years. It is a full service home ownership center and HUD
housing counseling center focusing on sustainable home ownership. She thanked the
Commission for its funding support and requested $40,000 for FY 2009.
0:22:31 G. Action Items
0:22:42 2. Preparation of a Resolution to adopt the New Fire/EMS Impact Fee Study to
coincide with Ordinance No. 174G (Saunders)
0:23:07 Chris Saunders, Assistant Planning Director
Mr. Saunders stated that he and Fire Chief Chuck Winn will give the presentation because the
consultant, Randy Goff, had flight delays. This is an update to the fire impact fee program that
have been in place since January 1996. The proposed impact fees are based on a newly adopted
Fire Protection Master Plan. This is a two part action.
0:35:54 Cr. Rupp
Cr. Rupp wants a review in writing by the City's legal counsel to ensure the compliance of the
methodology.
0:48:43 Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
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l3memarr Cih~ Cnn~naissin» M~.eting, June 23, L0~8
0:49:29 Motion that we direct staff to prepare a resolution to adopt the new Fire and EMS
Impact Fee Study to coincide with Ordinance 174b pending the legal review required.
It was moved by Cr. Rupp, seconded by Cr. Bryson, that we direct _staff_tu prepare a
resolution to adopt the new Fire and EMS Impact Fee Study to_ coincide, with Ordinance
1746 pending the legal review required,
0:54:17 Vate that we direct staff to prepare a resolution to adopt the new Fire and EMS
Impact Fee Study to coincide with Ordinance 1746 pending the legal review required.
It was moved b Cr. Ru seconded b Cr B son that we direct staff to re are a
resolution to ada t the new Fire and EMS Irn act Fee Stud to coincide with Ordinance
1746 pendin~„the legal review reguired.l
Those votin A e bein Crs. Ru B son Krauss Becker and Ma or Jacobson.
Those voting No_ being none.
The motion carried 5-0.
0:54:49 1. Provisional Adoption of Ordinance No. 1746, Revisions to Chapter 3.24 of
the Bozeman Municipal Code to incorporate Required Changes to implement the New Fire
Impact Fee Study (Saunders/HDR Consultants)
0:55:12 Mr. Saunders
Mr. Saunders presented the staff report for the ordinance to adopt the impact fee. He stated that
when this comes back for second reading the legal review will accompany it.
1:01:15 Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
1:01:49 Motion that we adopt an Ordinance No. 1746, Revisions to Chapter 3.24 of the
Bozeman Municipal Code to incorporate changes to the new Fire Impact Study to include
implementation of 60% of the studied value for residential and 95% of the studied value
for commercial properties.
It was moved b Cr. B son seconded b Cr. Krauss that we ado tan Ordinance No.
1746 Revisions to Cha ter 3.24 of the Bozeman Munici al Code to incor orate chan es to
the new Fire Im act Stud to include im lementation of bQ% of the studied value far
residential and 95% of the studied valu ..for omrnercial ro erties.
1:02:25 Cr. Bryson
Cr. Bryson stated that with the current housing market he has concerns with implementing a
300% fee increase for residential and a 5% add on for administrative cost. He wants to start small
and fully implement this over time.
1:08:18 Cr. Rupp
Bozei~7aya City Cnn~rnisrinn Meeting, June ~'3, 1.'008
Cr. Rupp stated that changing these numbers and nexus at the podium seems risky. These are
hard and fast economic realities. If your rnotian is to spend General Fund money on this, I want
to hear it.
1:14:39 Cr. Krauss
Cr. Krauss stated that he can't support the motion as it sits. 100% is the way to go.
1:17:27 Mayor Jacobson
Mayor Jacobson stated that she has a problem reducing them from what's recommended.
1:18:33 Vote that we adopt an Ordinance No. 1746, Revisions to Chapter 3.24 of the
Bozeman Municipal Code to incorporate changes to the new Fire Impact Study to include
implementation of 60% of the studied value for residential and 95% of the studied value
for commercial properties.
Lt _was moved by Cr. Bryson, seconded by Cr. Krauss, that we adopt an Ordinance No.
1746 Revisions to Cha ter 3.24 of the Bozeman Munici al Code to incor orate chan es to
the new Fire Impact Study to include implementatian of 60% of the studied value for
residential and 95% of the studied value for commercial properties.l
Those voting Ave being Cr. Bryson.
Those voting No being Crs. Krauss, Becker,_Rupp, and Mayor Jacobson.
The motion failed 1-4.
l :18:53 Motion and Vote to provisionally adopt Ordinance 1746, Revisions to Chapter 3.24
of the Bozeman Municipal Code to incorporate required changes to implement the new
Fire Impact Fee Study, pending the receipt of the legal opinion and approval of that
receipt.
It was moved by Cr. Krauss, seconded bv_Cr, Becker, to provisionally adopt Ordinance
1746,_ Revisions to Chapter 3.24 of the Bozeman Municipal Code to incorporate required
chan es to im lenient the new Fire Ips act Fee Stud endin the recei t of the le al
opinion and app-royal of that receipt.
Those voting Ave being Crs. Krauss, Becker, Rupp, and Mayor Jacobson.
Those voting No being Cr. Bryson.
The motion carried 4-1.
1:20:19 3. Fiscal Year 2008-2009 City Manager's Preliminary Budget Details and
calling for the Budget Hearing (Kukulski/Rosenberry)
1:20: S 1 Mr. Kukulski
Mr. Kukulski stated that tonight's actions are twofold: to adopt the preliminary budget to keep
operations running until the final budget is adopted and to schedule the public hearing for July
21. He listed caveats: this will not move forward capital projects, equipment purchases, or FTE
hires, except for four FTE's for police and one prosecutor. Then, they can schedule one or
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l3ozen~ar7 C~ih~ C'ommrr.cior~ Meeting, June 23, 2008
multiple discussions on adjustments between the preliminary and final budget, including
adjustments to be made to Planning and Building.
1:42:07 Mr. Kukulski
Mr. Kukulski asked for clarification about determining adding new FTE's in various departments
(water and sewer, for example): should they be looked at together or separately department by
department?
1:45:25 Cr. Bryson
Cr. Bryson gave guidance that any new positions from any fund he wants to take a close look at.
He doesn't know if he can support any new personnel from the General Fund. Whatever
mechanism staff can put in front of us so we can go through each new position, and then have a
more expansive discussion to determine where the money's going and where it's coming from.
Have a session to go through the budget and as elected officials set a budget.
1:46:11 Mayor Jacobson
Mayor Jacobson would like to see what the impact would be of not adding those positions.
1:54:28 Motion to preliminarily adopt the Fiscal Year 200$-2009 City Manager's
Recommended Budget, with the operating restrictions as listed in the staff memo, also
directing staff to prepare for a policy session to further go through the details of the
budget.
It was moved by Cr. Becker, seconded by Cr. Rupq, to preliminarily adopt the Fiscal Year
2008-2009 Ci Mana er's Recommended Bud et with the o eratin restrictions as listed
in the staff memo also directin staff to re are fnr a alic session to further o throu h
the details of the budget.
1:55:52 Cr. Krauss
Cr. Krauss proposed to have these budget segments on Monday nights; it's not appropriate for a
Wednesday or Thursday noon policy meeting. He would be willing to come in at 5 p.m.
1:56:49 Cr. Rupp
Cr. Rupp agreed and wants to prioritize this over other items.
1:57:36 Cr. Krauss
Cr. Krauss stated that he has an amendment to make.
1:57:47 Clarification of Motion
Cr. Becker dropped the word "policy" from his motion and put the word "meeting" instead.
It was moved b Cr. Becker seconded b Cr. Ru to reliminaril ado t the Fisc 1 Year
2008-2009 City Manager's Recommended Budget, with the o~eratin~ restrictions as listed
in the staff memo also directin staff to re are for a meetin to further o throu h the
details. of the budget.
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Bozeaaaun Cih~ Cnaaaaaaissinn Me etiaa~, .lone l3, ?008
1:58:03 Amendment to Motion
Recognizing that a prosecutor has already been hired, Cr. Krauss made an amendment to the
motion.
It was moved b~„Cr;~Krauss that the preliminary budget is approved with the change that a
prosecutor be added and the money for the prosecutor be found in the budget now.
1:5 8:44 Cr. Rupp
Cr. Rupp wanted to add, "four police as well."
2:00:22 Mr. Kukulski
Mr. Kukulski stated that we have the prosecutor fully budgeted for. This preliminary budget
includes these FTE's.
2:01:16 Cr. Becker
Cr. Becker stated that the motion included "recommended budget with operating restrictions as
listed in the staff memo."
2:01:18 Withdrawal of Amendment
Cr. Krauss agreed that the original motion is fine, and he withdrew his amendment.
2:01:22 Cr. Rupp
Cr. Rupp re-seconded the original motion.
2:01:26 Vote to preliminarily adopt the Fiscal Year 2008-2009 City Manager's
Recommended Budget, with the operating restrictions as listed in the staff memo, also
directing staff to prepare for a meeting to further go through the details of the budget.
fIt was moved by Cr. Becker, seconded by Cr. Rupp, to preliminarily adopt the Fiscal,Year
2008-2009 City Manager's Recommended Budget, with the operating restrictions as listed
in the staff memo also directin staff to re are for a meetin to further o throw h the
details of the budget.l
Those votin A e bein Crs. Becker Ru B son Krauss and Ma or Jacobson.
Those voting _No being Wane.
The motion carried 5-0.
2:01:53 Mayor Jacobson
Mayor Jacobson declared a break.
2:01:59 Break
2:19:20 Call to Order
Mayor Jacobson called the meeting back to order.
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Bo:.eaaaaaa Lily Coraamission Meetin1;, Juaae ?3, ~ 008
2:19:35 4. Resolution No. 410$, Revising the Solid Waste Collection Fees For Fiscal
Year 2009 and Fiscal Year 2010 (Rosenberry)
2:19:41 Anna Rosenberry, Finance Director
Ms. Rosenberry presented the staff report for Resolution No. 4108. Schedule A specifies what
the fee changes and dates for this two year fee resolution. Due to increased costs in fuel, staffing,
and operations in the Solid Waste Division, there needs to be a 9% increase in 2009 and an
estimated S% increase in 2010.
2:26:SS Public Comment opened.
Mayor Jacobson opened public comment.
2:27:07 Christian Wilcox -Public Comment
Mr. Wilcox asked Mr. Johnson if the composting will still have the hopper for pallets and wood
for groundscaping.
2:28:13 Motion that we pass Resolution No. 4108, revising the Solid Waste Collection Fees
for FY 09 and 10 according to Schedule A of the Resolution.
It was moved b Cr. Ru seconded b Cr. B son that we ass Resolution No, 4108
revising the Solid Waste Collection Fees for FY 09 and 10 according to Schedule A of, the
Resolution.
2:28:58 Cr. Becker
Cr. Becker didn't want to increase the cast of the small tote and suggested that the 3S gallon tote
stay at $10 for FY 2009 and 2010.
2:30:SS Cr. Krauss
Cr. Krauss gave direction to come back with a change that changes the pricing of the 35 gallon
tote and incentivizes recycling.
2:31:17 Mayor Jacobson
Mayor Jacobson is interested in the lower cost smaller tote.
2:31:23 Cr. Rupp
Cr. Rupp doesn't have a problem with that.
2:31:40 Amendment to Motion
Cr. Bryson made an amendment to the motion.
It was moved b Cr. B son to kee the rate for the 35 all n tote at $10.96 far 08 and 09.
2:37:01 Cr. Bryson
Cr. Bryson suggested that if we're all in agreement we ask staff to come back with a rate
structure that keeps the low end the same and adjusts the other totes on a schedule that
accommodates that.
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l3nzernan City C'wrarnission Meelir7g, June 23, 2008
2:41:21 Amendment to Motion Seconded
Cr. Krauss secanded Cr. Bryson's amendment.
It was. moved by Cr. Bryson, seconded by Cr. Krauss, to keep the rate for the 35 gallon fate
at_$10.96 for 08 and 09.
2:42:07 Ms. Rosenberry
Ms. Rosenberry verified that the intent is to keep the rate schedule at $10.96 starting July 1, 2008
as well as 2009 in both years.
2:44:00 Amendment to the Amendment
Cr. Krauss amended the amendment.
It was moved b Cr. Krauss that the other two sizes aneed to be ad'usted to make u for the
lost revenue on the one.
2:44:27 Steve Johnson, Sanitation Superintendent
Mr. Johnson stated that there are 35, 65, 100, 220, 300, and 450 gallon totes.
2:44:40 Clarification and Second of Amendment to the Amendment
Cr. Krauss clarified his amendment to the amendment, and Cr. Rupp seconded.
It was moved b Cr. Krauss secanded b Cr. Ru to recover the lost revenue as the see
fit.
2:45:14 Vote on the Amendment to the Amendment
(It was moved by Cr. Krauss, seconded by Cr. Rupp, to recover the lost revenue as they see
fit.
Those votin A e bein Crs. Krauss Becker Ru B son and Ma or Jacobson.
Those voting No being none.
The motion carried S-0.
2:45:30 Vote on the Amendment to Motion
f It was moved by Cr. Bryson, seconded by Cr. Krauss, to keep the rate for the 35 gallon
tote at $10.96 for 08 and 09.1
Those voting Ave being Crs. Bryson, Krauss, Becker, Rupp, and Mayor Jacobson.
Those votin No bein none.
The motion carried 5-0.
2:45:43 Vote on the Motion that we pass Resolution No. 4108, revising the Solid Waste
Collection Fees for FY 09 and 10 according to Schedule A of the Resolutian.
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Bo.E»aan City Conanaissiorr MEelin~, Jane 23, ?008
fIt was moved by Cr. Rupp, seconded by Cr. Bryson, that we pass Resolution No. 41.08,
revising the Solid Waste Collection Fees for FY 09 and 10 according to Schedule A of he
Resolution.
Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker,_and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
2:46:49 5. (Re)Appointments to the Bozeman Historic Preservation Advisory Board
(Delaney)
2:47:24 Mayor Jacobson
Mayor Jacobson asked if the Commission is willing to wait a month until the BHPAB members
have a chance to review new applications and make recommendations.
2:48:27 Cr. Rupp
Cr. Rupp would prefer to show respect to the Preservation Board and ask them to vet the new
ones.
2:49:05 Cr. Krauss
Cr. Krauss stated that he would feel comfortable reappointing the five who reapplied, and Cr.
Rupp and Mayor Jacobson agreed.
2:49:26 Motion and Vote reappointing the five that reapplied (Blake Maxwell, Ryan Olson,
Richard Brown, Mark Hufstetler, Tuli Fisher).
It was moved b Cr. Krauss seconded b Cr. Becker rea ointin the five that rea lied
Blake Maxwell R an Olson Richard Brown Mark Hufstetler Tuli Fisher .
Those,votin~ Ave being„Crs. Krauss, Becker, Rupp, Bryson, and Mayor .lacobson.
Those voting No being none.
The motion carried 5-0.
2:49:45 Mayor Jacobson
Mayor Jacobson stated that a majority wishes to give the Freservation Board a chance to review
the new applicants.
2:50:33 6. (Re)Appointments to the Design Review Board (Delaney)
2:50:38 Motion that we'd appoint Walt Banziger to the architect position, Elissa Zavora to
the landscape architect/designer, and Randy Wall to one of the non-professional positions.
It was moved b Cr. Krauss seconded b Cr. Becker that we'd a oint Walt Banzi er to
the architect_position, Elissa Zavora to the landscape architect/designer _and Randy Wall to
one of the non-professional positions.
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f3ozea7u~a Oily Con~rnission Meetira~, Ju~ze 23, 2008
2:53:01 Vote that we'd appoint Walt Banziger to the architect position, Elissa Zavora to the
landscape architect/designer, and Randy Wall to one of the non-professional positions.
It was .moved by Cr. Krauss, seconded by Cr. Becker, that we'd appoint Walt Banziger to
the architect position,. Elissa Zavora to the landscape architect/designer, and Randy Wall to
one of the non-professional positions.
Those voting Ave being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting Na being none.
The motion carried 5-0.
2:53:26 7. (Re)Appaintrnents to the Beautification Advisory Board (Delaney)
2:54:09 Motion and Vote to reappoint the three reappoint applicants (Cathy Suit, Terry
Quatraro, and Christopher Thompson).
It was moved by Cr.__Becker, seconded by Cr. Rupp, to reappoint the three reappoint
a licants Cath Suit Ter uatraro and Christo her Thom son .
Those voting Ave being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
Those votin No bein none.
The motion carried 5-0.
2:54:29 8. Appointment to the Library Board of Trustees (Delaney)
2:54:37 Motion and Vote to nominate Judy Mathre to sit on the Library Board of Trustees.
It was moved by Cr. Rupp, seconded by Cr. Bryson, to nominate Judy Mathre to sit on the
Libra Board of Trustees.
Those voting Ave being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those votin No bein none.
The motion carried 5-0.
2:55:19 H. FYI/Discussion
2:56:25 1. Discuss scheduling a Special Policy Meeting for July 24, 2008 regarding
Crumbling Curbs and Medians (Kukulski)
2:59:01 Cr. Krauss
Cr. Krauss stated that he doesn't think it's the #1 policy meeting topic for July 24; there is a
policy already in place. If there's crumbling infrastructure, and you're not in a blighted area, you
do an SID.
2:59:36 Cr. Becker
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l3o~ernan C'ily Coinnrission Meelini;, June 23, 2008
Cr. Becker stated that maybe we don't need a policy discussion, but we need the City to be clear
in a neighborhood pamphlet.
3:02:33 Mr. Kukulski
Mr. Kukulski asked if the rest of the Commission (in addition to Cr. Krauss) wants to put budget
discussions on Monday evenings, or if they also want work sessions.
3:02:55 Mr. Kukulski and Commission
Mr. Kukulski suggested that Monday, July 14 would be a good evening to stars at 5 p.m., bring
in pizza, and put three hours into the budget. The Commission agreed.
3:03:50 2. Reminder of a Special Policy Meeting on Wednesday, June 25, 2008 at City
Hall from 12:30-2 p.m.; a Joint City-County Meeting at Fiesta Mexieana on Friday, June
27, 2008 from noon-1:30 p.m.; and a Special Commission Meeting at City Hall on Friday,
June 27, 2008 at 2 p.m. (Kukulski/Delaney)
3:03:59 Mr. Kukulski - Scheduling a Breakfast for Legislative Discussion
3:04:43 3. No Commission Meetings on June 30, July 3, and July 7, 2008
(Kukulski/Delaney)
3:04:49 Mr. Kukulski -Letter from DEQ Director and Tetratech Meeting about Library
3:07:45 Mr. Kukulski -Rocky Mountain RC&D and Big Box Pund Requests
3:0$:43 Cr. Becker -Bozeman Creek
3:11:17 Cr. Rupp -Library Board of Trustees' Letter about Land and Wallace Redevelopment
3:11:41 I. Adjournment
Mayor Jacobson adjourned the meeting at 9:16 p.m.
Kaaren aco son, M r
ATTEST:
~~.~
Stacy lm n City Jerk
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PREPARED BY: