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HomeMy WebLinkAbout08-18-2008_June 16, 2008 MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 16, 2008 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, June 16, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, City Manager Chris Kukulski, Finance Director Anna Rosenberry, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Stacy Ulmen. 0:03:28 A. Call to Order- 6 p.m.-Community Room, Gallatin County Courthouse, 311 West Main Mayor Jacobson called the meeting to order at 6:03 p.m. 0:03:29 B. Pledge of Allegiance and a Moment of Silence 0:04:13 C. Authorize Absence of Cr. Rupp 0:04:22 Motion and Vote to authorize the absence of Cr. Rupp. It was moved by Cr. Becker, seconded by Cr. Bryson to authorize the absence of Cr. Rupp. Those voting Aye being Crs. Becker, Bryson, Krauss, and Mayor Jacobson. Those voting No being none. The motion carried 4-0 0:04:34 D. Minutes-April 28, 2008 . 0:04:38 Motion and Vote to approve the minutes of April 28, 2008 as submitted. It was moved by Cr. Bryson, seconded by Cr. Krauss to approve the minutes of April 28, 2008 as submitted. Those voting Aye being Crs. Bryson, Krauss, Becker, and Mayor Jacobson. Those voting No being none. 0:04:51 E. Consent The motion carried 4-0. 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign the Notice of Award for the 2008 Street Improvements Contract Base Bid, and Bid Alternate to Knife River, Inc. (Kerr) 4 Linked Bozeman City Commission Minutes, June 16, 2008 2 3. Authorize City Manager to sign the Agreement with the Heart of the Valley Inc. Animal Shelter for a One Year Contract from July 1, 2008-June 30, 2009 (McLane) 4. Authorize City Manager to sign the Consultant Services Agreement with Robert Peccia and Associates Staff for Engineering Services associated with the Design and Construction of a 10 foot wide Pathway along College Street and Huffine Lane (Dingman) 5. Approve National Dump the Pump Day Proclamation (Ulmen) 6. Approve Cancelling the Policy Meeting scheduled for Thursday, July 3, 2008 and the Regular Commission Meeting on Monday, July 7, 2008 (Ulmen) 0:04:56 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:05:09 Motion and Vote to approve Consent Items E. 1-4 and 6. It was moved by Cr. Krauss, seconded by Cr. Becker to approve Consent Items E. 1-4 and 6. Those voting Aye being Crs. Krauss, Becker, Bryson, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. 0:06:18 Motion to reconsider National Dump the Pump Day Proclamation, item 5 on the Consent Agenda. It was moved by Cr. Becker, seconded by Cr. Bryson to reconsider the National Dump the Pump Day Proclamation, item 5 on the Consent Agenda. Those voting Aye being Crs. Becker, Bryson, and Mayor Jacobson. Those voting No being Cr. Krauss. The motion carried 3-1. 0:06:41 F. Public Comment Mayor Jacobson opened public comment. 0:07:47 Gary Gullickson, Public Comment Mr. Gullickson of 404 South Church apologized for his words at the last meeting. He spoke about speed on South Church. Mr. Gullickson praised employees Sue Harkin and James Goehrung. 5 Linked Bozeman City Commission Minutes, June 16, 2008 3 0:11:16 Bob Chase, Public Comment Mr. Chase of 433 South Black Avenue stated that the Police Department has responded to things that he put on record regarding his home. Mr. Chase spoke regarding the Story Mansion. 0:15:34 Public comment closed. Mayor Jacobson closed public comment. 0:15:42 G. Mayoral Proclamation 0:15:45 1. National Dump the Pump Day- June 19, 2008 Mayor Jacobson proclaimed June 19, 2008 as National Dump the Pump Day. 0:17:52 2. Kid's Day of Bozeman- June 21, 2008 Mayor Jacobson proclaimed June 21, 2008 as Kid's Day of Bozeman. 0:19:26 H. Special Presentation – Introduction of the Vandalism and Graffiti Task Force (Diana Helgeson, Chair) 0:19:35 Diana Helgeson, Chair of the Vandalism and Graffiti Task Force Ms. Helgeson spoke regarding the Vandalism and Graffiti Task Force. Ms. Helgeson introduced the task force members. She read the task force's Mission Statement and 4 phase goal for their project. 0:24:54 I. Action Items 0:24:59 1. Halfway House Conditional Use Permit and Certificate of Appropriateness #Z-08070, opened and continued from June 2, 2008, and one week delay from June 9, 2008 (Bristor) 0:25:14 Mayor Jacobson Mayor Jacobson stated that there is a motion that is on the table that has been seconded to approve the Halfway House Conditional Use Permit and Certificate of Appropriateness. 0:25:29 Amendment to the main motion to include a requirement that the applicant, Alcohol and Drug Services of Gallatin County, appoint a Senior Resident to be the liaison and the contact person at the house. An amendment was made by Cr. Krauss, seconded by Cr. Becker to include a requirement that the applicant, Alcohol and Drug Services of Gallatin County, appoint a Senior Resident to be the liaison and the contact person at the house. 0:28:05 Cr. Krauss Cr. Krauss called a point of order regarding question and answer dialog with the applicant. 6 Linked Bozeman City Commission Minutes, June 16, 2008 4 0:28:17 Mayor Jacobson Mayor Jacobson directed her comment to City Attorney Paul Luwe and explained that if the Commission is coming up with amendments, she wants to make sure that the applicant agrees with them. 0:29:31 Mayor Jacobson Mayor Jacobson asked the applicant is this was an acceptable condition. 0:29:38 Jan Berry, Applicant Attorney Ms. Berry stated yes. 0:31:15 Vote on the amendment to the main motion to include a requirement that the applicant, Alcohol and Drug Services of Gallatin County, appoint a Senior Resident to be the liaison and the contact person at the house. Those voting Aye being Crs. Krauss, Becker, Bryson, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. 0:35:27 Amendment to the main motion that we require that there be no more than three cars associated with the facility. An amendment was made by Cr. Krauss, seconded by Cr. Becker that we require that there be no more than three cars associated with the facility. 0:39:44 Ms. Berry Ms. Berry stated that they agree with the plan that had been done pursuant to the Conditional Use Permit which shows a total of around 7 parking spaces. 0:40:29 Vote on the amendment to the main motion that we require that there be no more than three cars associated with the facility. Those voting Aye being none. Those voting No being Crs. Krauss, Becker, Bryson, and Mayor Jacobson. The motion failed 0-4. 0:40:42 Amendment to the main motion that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes. 7 Linked Bozeman City Commission Minutes, June 16, 2008 5 An amendment was made by Cr. Krauss that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes. 0:42:23 Cr. Krauss Cr. Krauss called a point of order and asked for a second to his amendment. 0:42:30 Second to the amendment to the main motion that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes. Cr. Becker seconded the amendment to the main motion that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes. 0:43:40 Cr. Bryson Cr. Bryson spoke about waiving the fees for the review. 0:44:36 A friendly amendment to include waiving the fees (associated with the review) to the amendment that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes. A friendly amendment was made by Cr. Krauss to include waiving the fees (associated with the review) to the amendment that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes. 0:44:49 Mr. Epple Mr. Epple asked how the Commission would like this brought back to them. As an agenda item with public notice through the normal agenda publication, or a more formal notice by mailing to those within 200 feet of the residence? 0:46:20 Vote on the amendment to the main motion that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes (friendly amendment) by including waiving the fees. Those voting Aye being Crs. Krauss, Becker, Bryson, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. 8 Linked Bozeman City Commission Minutes, June 16, 2008 6 0:46:33 Cr. Krauss Cr. Krauss stated that his motion does not state that the application will be brought back as an agenda item in one year. 0:46:42 Mayor Jacobson Mayor Jacobson stated that she is taking her vote back. 0:46:47 Motion and Vote to reconsider the amendment to the main motion that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes (friendly amendment) by including waiving the fees. It was moved by Cr. Bryson, seconded by Cr. Becker to reconsider the amendment to the main motion that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes (friendly amendment) by including waiving the fees. Those voting Aye being Crs. Bryson, Becker, and Mayor Jacobson. Those voting No being Cr. Krauss. The motion carried 3-1. 0:47:37 Cr. Becker Cr. Becker asked that the amendment that is being reconsidered be read. 0:47:45 Stacy Ulmen, City Clerk Ms. Ulmen read the amendment. 1:03:17 Vote on the reconsidered amendment to the main motion that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes (friendly amendment) by including waiving the fees. Those voting Aye being Crs. Krauss, Becker, and Mayor Jacobson. Those voting No being Cr. Bryson. The motion carried 3-1. 1:03:44 Amendment to the main motion to include a requirement for a motion activated light in the back yard. An amendment was made by Cr. Krauss, seconded by Cr. Becker to the main motion to include a requirement for a motion activated light in the back yard. 9 Linked Bozeman City Commission Minutes, June 16, 2008 7 1:04:52 Cr. Becker Cr. Becker withdrew his second, therefore the motion failed. 1:05:26 Cr. Becker Cr. Becker urged the applicant to have a neighborhood representative on the selection Committee for the Halfway House candidates. 1:06:50 Cr. Krauss Cr. Krauss spoke about his concerns regarding 24 hour care and density problems pertaining to the house. 1:09:23 Amendment to the main motion that we accept their (Alcohol and Drug Services) proffer that they ensure that night staff is on site until the 11 p.m. curfew and if a resident fails to make curfew, the staff member will stay on site additional time to document, attempt contact with the resident, resident employer, sponsor, etc. An amendment was made by Cr. Krauss, seconded by Cr. Becker that we accept their (Alcohol and Drug Services) proffer that they ensure that night staff is on site until the 11 p.m. curfew and if a resident fails to make curfew, the staff member will stay on site additional time to document, attempt contact with the resident, resident employer, sponsor, etc. 1:10:31 Cr. Becker Cr. Becker reiterated that he seconded the amendment to the main motion. 1:11:20 Ms. Ulmen Ms. Ulmen read the amendment back to the Commission. 1:12:07 Vote on the amendment to the main motion that we accept their (Alcohol and Drug Services) proffer that they ensure that night staff is on site until the 11 p.m. curfew and if a resident fails to make curfew, the staff member will stay on site additional time to document, attempt contact with the resident, resident employer, sponsor, etc. Those voting Aye being Crs. Krauss, Becker, Bryson, and Mayor Jacobson. Those voting No being none. 1:15:13 The motion carried 4-0. 1:12:19 Cr. Becker Cr. Becker asked that the City Clerk read all of the amendments. Vote on the main motion to approve the (Halfway House) Conditional Use Permit (and Certificate of Appropriateness #Z-08070) with the requirements as outlined by staff (and as amended). 10 Linked Bozeman City Commission Minutes, June 16, 2008 8 Those voting Aye being Crs. Bryson, Becker, and Mayor Jacobson. Those voting No being Cr. Krauss. The motion carried 3-1. 1:16:13 Break 1:28:22 2. City Manager’s Recommended Budget Presentation for Fiscal Year 2008- 2009 (Rosenberry/Kukulski) 1:28:30 Anna Rosenberry, Finance Director Ms. Rosenberry stated that this is the first presentation and went over the significant changes to the City Manager’s Recommended Budget for Fiscal Year 2008-2009. 1:35:20 Ms. Rosenberry Ms. Rosenberry spoke regarding the fire station 3 general obligation bond. 1:38:01 Ms. Rosenberry Ms. Rosenberry spoke regarding staffing levels. 1:48:24 Ms. Rosenberry Ms. Rosenberry spoke regarding the revenues and expenditures in the budget and what would come from the general fund reserve. 1:55:00 Ms. Rosenberry Ms. Rosenberry went over the funding proposals for the general fund, including the public safety levies. 1:57:03 Cr. Bryson Cr. Bryson asked about the $10,000 budgeted for chairs for the new Commission meeting Rooms. 2:01:03 Ms. Rosenberry Ms. Rosenberry spoke regarding the priorities in the general fund. 2:05:57 Ms. Rosenberry Ms. Rosenberry spoke regarding the street maintenance fund. 2:09:33 Ms. Rosenberry Ms. Rosenberry went over the funding of the Forestry Division, and the tree maintenance assessment. 2:10:18 Cr. Bryson Cr. Bryson asked about tree vouchers and how they are issued. 11 Linked Bozeman City Commission Minutes, June 16, 2008 9 2:12:12 Ms. Rosenberry Ms. Rosenberry went over the utilities section of the budget. 2:20:13 Ms. Rosenberry Ms. Rosenberry spoke regarding funding requests of outside organizations. 2:22:47 Mr. Kukulski Mr. Kukulski spoke regarding how the work plan fits in to the budget and went over ongoing priorities. Mr. Kukulski spoke regarding the new initiatives, the decrease in building, and FTEs. 2:42:46 Mayor Jacobson Mayor Jacobson spoke regarding the proposed 3 FTEs. Instead of hiring someone to administer abandoned cars, an FTE should go towards a full time grants person. 2:50:02 Cr. Bryson Cr. Bryson stated that he has a hard time with the replacement garbage truck for Parks and Recreation for $75,000. Is there a something else we can do instead of spending $75,000? He has concerns regarding the 1.45 mills for Workforce Housing Coordinator. There is not inventory for workforce housing. He has a concern with the 7% increase in the street maintenance. Maybe come back with 1 FTE in this area. Regarding the Streamline cost of $50,000 that is not included, there is $15,000 in their budget. Need to consider giving them this amount. 2:52:10 Mayor Jacobson Mayor Jacobson opened public comment. 2:52:38 Chris Wilcox, Public Comment Mr. Wilcox 1120 South Wilson spoke regarding cutting the budget. 2:54:43 Mayor Jacobson Mayor Jacobson closed public comment. 2:54:58 Cr. Krauss Cr. Krauss stated that he wants to fight for some portion of the affordable housing mill levy that goes to Road to Home. Regarding the combination of affordable housing mill levy to planning, there may have to be some changes. Regarding the library operating fund, he would like to use the word books instead of materials. He would like to see the Story Mansion as a separate entity. Because of the increase for the Animal Shelter, he would like to do away with the Spay and Neuter clinic. It is great that we are sweeping the bike lanes. He has concerns as to whether we have covered all of our costs in the budget. He noticed that 2% of the budget goes to the Cemetery and that is a significant chunk. He noticed the unreimbursed costs in the Library fund. 12 Linked Bozeman City Commission Minutes, June 16, 2008 10 3:02:59 Mayor Jacobson Mayor Jacobson spoke about the general fund allocations. 3:06:17 Cr. Becker Cr. Becker spoke regarding planting saplings at the Cemetery and that it seems like the investment could be quite small. He asked if the City is still utilizing contract planners. 3:07:28 Mr. Kukulski Mr. Kukulski stated that contract planners are being phased out. 3:09:36 Cr. Becker Cr. Becker spoke about the rising property tax costs and adjusting the budget accordingly. 3:10:55 Cr. Becker Cr. Becker stated that he supports reducing the costs to the tax payers. 3:12:17 Cr. Becker Cr. Becker stated that there is a need to build a larger declining revenue contingency within the plan. He supports the Spay and Neuter Clinic. He wondered if the $15,000 for Streamline could come from the housing mills. There seems to be a logical nexus. The City may be approached by Streamline with a future loan proposal. He spoke regarding modality and the Community Climate Protection plan. He hopes to see an increase on this from Planning and he agrees with splitting grants for sustainability. He would like to see more numbers on the Post Closure Plan 3:27:11 Cr. Becker Cr. Becker is supportive of a loan for the association to fix the lights at the softball field at Highland. 3:27:40 Cr. Becker Cr. Becker stated that he supports the creation of a separate story mansion fund. 3:30:59 Cr. Krauss Cr. Krauss spoke regarding the unreimbursed building costs in the library fund. 3:38:25 Mr. Kukulski Mr. Kukulski asked if a special meeting should be scheduled with the Commission to discuss the budget. 3:40:44 Mr. Kukulski Mr. Kukulski stated that a scheduled workshop sometime in July could take place. 3:44:01 Mr. Kukulski Mr. Kukulski stated that the budget will be set for preliminary adoption for next week's meeting and then additional hearings will take place in July and August. 13 Linked Bozeman City Commission Minutes, June 16, 2008 11 3:45:51 3. Billion/CVS Informal #I-08006 (Krueger) 3:46:22 Brian Krueger, Staff Planner Mr. Krueger presented the staff presentation. Staff is generally in favor of the application. 3:55:32 Suspend the Rules Mayor Jacobson Suspended the Rules until 10:30 p.m. 3:56:09 Susan Kozub, Applicant Mr. Kozub presented the applicant presentation. 4:02:48 Cr. Becker Cr. Becker spoke regarding the landscaping. 4:03:19 Ms. Kozub The landscape plan has not been developed. 4:04:43 Cr. Krauss Cr. Krauss spoke regarding the franchise architecture. Cr. Krauss presented his comments to the applicant to assist them in preparing a formal application. 4:09:15 Cr. Bryson Cr. Bryson presented the applicant with comments to assist them in preparing a formal application. 4:10:41 Cr. Becker Cr. Becker provided the applicant with comments to assist them in preparing a formal application. 4:14:06 Mayor Jacobson Mayor Jacobson provided the applicant comments to assist them in preparing a formal application. 4:16:37 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 4:17:35 4. Cattail Lake Major Subdivision Preliminary Plat Approval Extension #P- 06022 (Windemaker) 4:17:48 Mr. Epple Mr. Epple spoke regarding staff's recommendations. 14 Linked Bozeman City Commission Minutes, June 16, 2008 12 4:18:51 Karen Caroline, Applicant Representative Ms. Caroline from Rotherham Construction stated that she is the applicant's representative and is available for questions. 4:19:28 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 4:19:41 Motion and Vote to approve the Cattail Lake Subdivision Preliminary Plat approval extension #P-06022 until July 17, 2010. It was moved by Cr. Bryson, seconded by Cr. Krauss to approve the Cattail Lake Subdivision Preliminary Plat approval extension #P-06022 until July 17, 2010. Those voting Aye being Crs. Bryson, Krauss, Becker, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. 4:20:04 5. Village Downtown Lofts Final Planned Unit Development Extension #Z- 04265A (Windemaker) 4:20:12 Mr. Epple Mr. Epple presented the staff presentation. 4:21:02 Tony Renslow, Delaney and Company, Applicant Representative Mr. Renslow presented the applicant presentation. 4:21:45 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 4:21:57 Motion and Vote to approve the Village Downtown Lofts Final Planned Unit Development Extension #Z-04265 for two years to coincide with the major subdivision approval. It was moved by Cr. Krauss, seconded by Cr. Becker to approve the Village Downtown Lofts Final Planned Unit Development Extension #Z-04265 for two years to coincide with the major subdivision approval. 15 Linked Bozeman City Commission Minutes, June 16, 2008 13 Those voting Aye being Crs. Krauss, Becker, Bryson, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. 4:22:30 J. FYI/Discussion 4:22:331. Discussion regarding scheduling a Special Policy Meeting regarding Historic Preservation: Second Story Additions to One Story Properties. Wednesday, June 25th from 12:30-2 p.m. was determined to be the date to discuss this policy meeting topic. 4:24:31 2. Crumbling Curbs Mr. Kukulski will add this to a future policy session. 4:34:09 K. Adjournment Mayor Jacobson adjourned the meeting at 10:40 p.m. ____________________________________ Kaaren Jacobson, Mayor ATTEST: ______________________________________ Stacy Ulmen, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, City Clerk Approved on ___________________________. 16