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HomeMy WebLinkAboutOctober 27, 2008 Minutes1 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 27, 2008 ******************************* The Commission of the City of Bozeman met in the Commission Room, City Hall, 121 North Rouse, on Monday, October 27, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss and Cr. Jeff Rupp, City Manager Chris Kukulski, Planning Director Andy Epple, Director of Finance Anna Rosenberry, Assistant City Attorney Tim Cooper, City Clerk Stacy Ulmen and Deputy City Clerk Aimee Kissel. 0:02:06 A. Call to Order – 6 p.m. - Commission Room, City Hall - 121 North Rouse Mayor Jacobson called the meeting to order at 6:03 p.m. 0:02:08 B. Pledge of Allegiance and Moment of Silence 0:02:47 C. Changes to the Agenda Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda. 0:02:51 Chris Kukulski, City Manager Mr. Kukulski stated that there were no changes to the agenda. 0:02:57 D. Public Service Announcements 0:03:00 Mr. Kukulski Mr. Kukulski gave a reminder that this Friday, October 31st from 3 to 6 p.m. is the ribbon cutting and open house for the New City Hall location. 0:03:37 Fall Leaf Cleanup 0:03:44 John Van Delinder, Street Superintendent Mr. Van Delinder gave a presentation regarding the 2008 leaf clean-up. 0:08:37 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign a Water Pipeline and Access Easement and Agreement for the Hilton Homewood Suites Project (Heaston) 3. Adopt Resolution No. 4134, Special Improvement Lighting District for West Winds Subdivision, Phase 5 (Shannon) 4. Approve Reclaiming the Final Approval of the Town and Country Foods/Campus Square Re-Development Project and Set a Tentative Public Hearing Date of November 17, 2008 for Formal Consideration of the Redevelopment Proposal (Epple) 5. Approve Beer and Wine License for WeBee's Cafe Inc. (Neibauer) 15 Bozeman City Commission Meeting, October 27, 2008 2 0:08:42 Public Comment Mayor Jacobson opened public comment regarding the consent items. No person commented. Mayor Jacobson closed public comment. 0:09:04 Motion to approve consent items 1-5. It was moved by Cr. Rupp, seconded by Cr. Becker to approve Consent items 1-5 . 0:09:12 Vote on the motion to approve consent items 1-5. Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 0:09:24 F. Public Comment Mayor Jacobson opened public comment. 0:09:40 Bob Michels, Public CommentMr. Michels of 198 Nostalgia Lane is an architect representing a project at 406 East Olive Street. He would like to make a request that the City Commission reclaim the project. The project was originally presented in the spring. It was voted down based on neighbors and commission comments. Re-submitted revised plans in August went before the Board of Adjustment at their last meeting. They extended approval for another month. The owners would like a decision before the ground freezes so they can move forward with the project this year. 0:10:57 Public comment closed Mayor Jacobson closed public comment. 0:11:04 G. Action Items 0:11:05 1. Spay/Neuter Task Force Presentation (McLane & Ellen King-Rodgers, Montana Spay/Neuter Task Force President) 0:11:18 Ellen King-Rogers, President of the Montana Spay/Neuter Task Force Ms. King-Rogers began the presentation regarding the Montana Spay/Neuter Task Force by explaining the history and philosophy of the Task Force. She also spoke regarding the need for pet licensing information to be made available at community events in a friendly, non- threatening manner. She also mentioned that this community is a wonderful model for this type of Task Force. 0:20:20 Connie Lien, Animal Control Officer Ms. Lien spoke in favor of the Spay/Neuter Task Force Event that's being proposed. 0:23:38 Discussion Cr. Krauss asked questions about the costs of pet licensing and fines. 16 Bozeman City Commission Meeting, October 27, 2008 3 0:24:54 Lieutenant Rich McLane, Bozeman Police Department Lieutenant McLane summed up the presentation regarding the Spay/Neuter Task Force and explained why he feels money for the Task Force is money well spent. 0:27:13 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:27:46 Motion to approve authorization of $5,000 to support the Montana Spay/Neuter Task Force events offered for Fiscal Year 2009 including the registration licensing option. It was moved by Cr. Becker, seconded by Cr. Krauss to approve authorization of $5,000 to support the Montana Spay/Neuter Task Force events offered for Fiscal Year 2009 including the registration, licensing option. 0:27:47 Discussion 0:28:14 Cr. Krauss Cr. Krauss asked if we could include in the motion statistics on whether people come from the City or the County. 0:28:17 Ms. King-Rogers Ms. King-Rogers explained that statistical information is included in the report. 0:28:47 Cr. Krauss Cr. Krauss asked if a budget was included outlining how the $5000 would be spent and if not requested one. 0:31:24 Cr. Bryson Cr. Bryson asked for clarification regarding the licensing option in the motion. A discussion followed on whether that option should be included. 0:47:50 Cr. Krauss Cr. Krauss spoke about how important it is to have licensed animals in this city because it's the only way to ensure that they have a rabies shot. He feels the enforcement side of this issue will need to be addressed, but this is not the place for that discussion. 0:49:20 Cr. Krauss Cr. Krauss made a friendly Amendment to include a request for a budget and also statistics on who we are serving. Cr. Becker accepted the friendly amendment to his original motion. 0:49:50 Mayor Jacobson 17 Bozeman City Commission Meeting, October 27, 2008 4 Mayor Jacobson called for a reading of the motion. 0:50:02 Stacy Ulmen, City Clerk Ms. Ulmen read the motion to authorize the payment of $5,000 to support the Montana Spay/Neuter Task Force events offered for Fiscal Year 2009 including registration and licensing option. 0:50:21 Mayor Jacobson Mayor Jacobson pointed out that the commission is not in agreement that we would like to include this licensing option in the Spay/Neuter Events. 0:50:40 Vote on the motion to authorize the payment of $5,000 to support the Montana Spay/Neuter Task Force events offered for Fiscal Year 2009 with a request that we receive City/County statistics and a budget. Cr. Becker asked that the licensing option be stricken from the original motion. Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. Motion passed 5-0 0:52:22 2. Reconsideration of Commission direction from May 19, 2008 to Install Temporary Median Pod on North Tracy Avenue at its Intersection with Cottonwood Street (Arkell) 0:52:49 Debbie Arkell, Director of Public Service Ms. Arkell presented the background information in regards to this agenda item. 1:01:53 Public comment Mayor Jacobson opened public comment. 1:02:05 Lucian Hand, Public Comment Mr. Hand of 720 North Tracy stated that he appreciated the Commission's role in having the 15 MPH speed limit signs installed. He said that he has yet to see law enforcement there to enforce the speed. He stated that the bus is actually the most egregious offender. He also stated that he did not think the 25 MPH sign for a one block span is rational. At the present time he feels that the work that has been done solves the problem and installing the pod would harm the community more than benefit it. 1:04:45 Motion to rescind Commission direction to staff to install a temporary median pod on North Tracy Avenue at its intersection with Cottonwood Street. It was moved by Cr. Krauss, seconded by Cr. Bryson to rescind the direction to staff to install a temporary median pod on North Tracy Avenue at its intersection with Cottonwood Street. 18 Bozeman City Commission Meeting, October 27, 2008 5 1:04:50 Vote on the motion to rescind Commission direction to staff to install a temporary median pod on North Tracy Avenue at its intersection with Cottonwood Street. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. Motion passed 5-0. 1:05:25 Cr. Rupp Cr. Rupp asked if it would be possible to install a temporary speed limit trailer at this location as suggested by the neighbor. 1:05:37 Ms. Arkell Ms. Arkell stated she would contact Deputy Chief Marty Kent about that. She also offered an apology to the Tracy Ave. neighbors that she did not inform them that the 15 MPH speed limits were installed. She also did not think the police knew that either. 1:06:04 3. Planning Department Budget Report 1st Quarter Review (Kukulski/Rosenberry) 1:06:21 Mr. Kukulski Mr. Kukulski began the Planning Department budget report. 1:29:11 Mayor Jacobson Mayor Jacobson asked if the Planning Department could present the thirteen Beautification Award Recipients at an upcoming City Commission meeting. 1:30:05 4. Appointments to the Cemetery Advisory Board (Kissel) 1:30:47 Motion to appoint Mr. Craft to the Cemetery Advisory Board. It was moved by Cr. Rupp, seconded by Cr. Krauss to appoint Mr. Craft to the board. 1:31:13 Vote on the motion to appoint Mr. Craft to the Cemetery Advisory Board. Those voting Aye being Crs. Rupp, Krauss, Bryson, Becker and Mayor Jacobson. Those voting No being none. Motion passed 5-0. 1:33:06 Motion to appoint Gene Brooks to the Cemetery Advisory Board. It was moved by Cr. Krauss, seconded by Cr. Rupp to appoint Gene Brooks to the Cemetery Advisory Board. 1:33:17 Vote on the motion to appoint Gene Brooks to the Cemetery Advisory Board. 19 Bozeman City Commission Meeting, October 27, 2008 6 Those voting Aye being Crs. Krauss, Rupp, Becker, Bryson and Mayor Jacobson. Those voting No being none. Motion passed 5-0. 1:33:30 5. (Re)Appointment to the Gallatin Local Water Quality District Board (Kissel) 1:33:42 Motion to re-appoint Mayor Jacobson to the Gallatin Local Water Quality District Board. It was moved by Cr. Bryson, seconded by Cr. Becker to re-appoint Mayor Jacobson to the Gallatin Local Water Quality District Board. 1:34:09 Vote on the motion to re-appoint Mayor Jacobson to the Gallatin Local Water Quality District Board. Those voting Aye being Crs. Bryson, Becker, Krauss, Rupp and Mayor Jacobson. Those voting No being none. Motion passed 5-0. 1:34:24 H. FYI/Discussion 1:34:26 1. Mayor Jacobson brought up the need to address the public comment from Bob Michels earlier in the meeting in regards to the property at 406 East Olive Street. 1:39:51 Bob Michels, Public Comment Bob Michels spoke regarding dealing with different issues while before the Board of Adjustment than had been brought up by the Commission. 1:44:43 Cr. Rupp A decision was made to place reclamation of the project on Olive Street from the Board of Adjustment on next week's commission meeting agenda. 1:45:18 2. Local Option Tourist Tax (Kukulski) 1:45:19 Mr. Kukulski Mr. Kukulski requested input and direction from the City Commission regarding how to proceed when discussing a local option tourist tax with boards and groups such as the Gallatin Association of Realtors. He explained a resolution regarding the local option tourist tax that the Montana League of Cities and Towns recently adopted. This explanation included how much tax could be collected, what items would be taxed and how the money collected could be used. Mr. Kukulski spoke about how the commission and tax payers would decide how the money would be spent and distributed. 20 Bozeman City Commission Meeting, October 27, 2008 7 1:58:10 Mr. Kukulski Mr. Kukulski explained that how the money collected is spent can be allocated specifically by percentage to different categories. 2:01:34 Mr. Kukulski Mr. Kukulski spoke regarding the need to garner support from local business owners and other groups before the local option tourist tax goes before the Montana Legislature for consideration. 2:02:54 Cr. Bryson Cr. Bryson raised a concern about the possibility of losing revenue to other areas that do not have the tax. 2:03:19 Mr. Kukulski Mr. Kukulski pointed out data that he feels refutes the argument that Cr. Bryson raised. 2:05:20 Cr. Rupp Cr. Rupp would like all of the revenue generated from this tax to go to property tax relief. 2:07:59 Mr. Kukulski Mr. Kukulski provided an example of how mill levies could be reduced through the use of this tax. 2:09:04 Cr. Krauss Cr. Krauss mentioned that it will not only be tourists that will pay this tax. He used the example of college students that purchase alcoholic drinks. 2:13:37 Mr. Kukulski Mr. Kukulski spoke regarding the benefits of different scenarios for placing revenue from a local options tourist tax. 2:15:32 Mr. Kukulski Mr. Kukulski asked the commission whether the way he is presenting information regarding how the local option tourist tax might work if implemented in Bozeman is to their approval. 2:20:10 3. Discussion regarding Cancelling the City Commission Meetings on November 10 and November 24, 2008 (Kukulski) 2:20:24 Mr. Kukulski Mr. Kukulski stated that the meeting on November 10th is actually being designated to discuss the Wastewater Treatment Plant. 2:23:18Mr. Kukulski Mr. Kukulski summarized the City Commission's direction to postpone cancelling the meeting on November 24th until a later date. 21 Bozeman City Commission Meeting, October 27, 2008 8 2:24:03 4. Discussion regarding recognizing the life and work of Chris Boyd. Cr. Rupp spoke regarding the desire to recognize the life and work of Chris Boyd in honor of all of his work for the communities trails system. 2:25:24 Mr. Kukulski Mr. Kukulski indicated there is a spur trail and a bench dedicated to Chris Boyd. 2:25:24 Discussion A discussion ensued regarding how best to further honor Chris Boyd. 2:27:59 5. Discussion regarding screen visibility and other technical issues within the commission room. Cr. Krauss would like a small monitor on the desk. 2:32:12 6. Discussion regarding problems with the air handler at the Swim Center. Mr. Kukulski spoke regarding air handler problems that shut down the Swim Center pool. 2:35:30 7. Discussion regarding the need to discuss enforcement of fines in regards to pets. Cr. Becker brought up the desire to talk about the Ordinance regarding pets and related licensing issues. 2:41:39 Mr. Kukulski Mr. Kukulski informed the Commission that he would place the issue of dog licensing and enforcement on an upcoming agenda. 2:42:32 7. Reminder of the November 14th local government round table. Ms. Ulmen reminded the Commission of the upcoming local government round table meeting. 2:43:30 I. Adjournment Mayor Jacobson adjourned the meeting at 9:26 p.m. ______________________________ ATTEST: Kaaren Jacobson, Mayor _________________________________ Stacy Ulmen, City Clerk PREPARED BY: __________________________________ Aimee Kissel, Deputy City Clerk Approved on_______________________. 22