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Home My WebLink About08 04 2008_June 23, 2008 Minutes1 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 23, 2008 ***************************** 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 (Winn/Benz) Fire Chief Chuck Winn discussed firework safety in City limits. 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.m. 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 adopt Ordinance No. 1747, Durston House Zone Map Amendment #Z-08072 (Bristor) 0:09:07 Public Comment 18 Bozeman City Commission Meeting, June 23, 2008 Mayor Jacobson opened and closed public comment. No person commented. 0:09:22 Motion and Vote to approve Consent items D. 1-6. It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Consent items D. 1-6. Those voting Aye being Crs. Becker, Rupp, Bryson, and Mayor Jacobson. Those voting No being Cr. Krauss. The motion carried 4-1. 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. 1746 (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. 2 19 Bozeman City Commission Meeting, June 23, 2008 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 1746 pending the legal review required. It was moved by Cr. Rupp, seconded by Cr. Bryson, 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. 0:54:17 Vote 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 by Cr. Rupp, seconded by Cr. Bryson, 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.] Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor 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 by Cr. Bryson, seconded by Cr. Krauss, 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. 1:02:26 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 3 20 Bozeman City Commission Meeting, June 23, 2008 Cr. Rupp stated that changing these numbers and nexus at the podium seems risky. These are hard and fast economic realities. If your motion 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. [It was moved by Cr. Bryson, seconded by Cr. Krauss, 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.] Those voting Aye being Cr. Bryson. Those voting No being Crs. Krauss, Becker, Rupp, and Mayor Jacobson. The motion failed 1-4. 1:18:53 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 by Cr. Becker, 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. Those voting Aye 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) 1:20:51 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 4 21 Bozeman City Commission 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 2008-2009 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. 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 directing staff to prepare for a policy session to further go through 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 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 directing staff to prepare for a meeting to further go through the details of the budget. 5 22 Bozeman City Commission Meeting, June 23, 2008 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 by 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. 1:58:44 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. [It 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 directing staff to prepare for a meeting to further go through the details of the budget.] Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Those voting No being none. 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. 6 23 Bozeman City Commission Meeting, June 23, 2008 2:19:35 4. Resolution No. 4108, 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 5% increase in 2010. 2:26:55 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 by Cr. Rupp, seconded by Cr. Bryson, that we pass 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 cost of the small tote and suggested that the 35 gallon tote stay at $10 for FY 2009 and 2010. 2:30:55 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 by Cr. Bryson to keep the rate for the 35 gallon tote at $10.96 for 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. 7 24 Bozeman City Commission Meeting, June 23, 2008 2:41:21 Amendment to Motion Seconded Cr. Krauss seconded Cr. Bryson's amendment. 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. 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 by Cr. Krauss that the other two sizes need to be adjusted to make up 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 by Cr. Krauss, seconded by Cr. Rupp, to recover the lost revenue as they 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 voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 2:45:30 Vote on the Amendment to Motion [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.] Those voting Aye being Crs. Bryson, Krauss, Becker, Rupp, and Mayor Jacobson. Those voting No being 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 Resolution. 8 25 Bozeman City Commission Meeting, June 23, 2008 [It was moved by Cr. Rupp, seconded by Cr. Bryson, that we pass Resolution No. 4108, revising the Solid Waste Collection Fees for FY 09 and 10 according to Schedule A of the 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 by Cr. Krauss, seconded by Cr. Becker, reappointing the five that reapplied (Blake Maxwell, Ryan Olson, Richard Brown, Mark Hufstetler, Tuli Fisher). Those voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson. 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 Preservation 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 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. 9 26 Bozeman City Commission Meeting, June 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 Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 2:53:26 7. (Re)Appointments 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 applicants (Cathy Suit, Terry Quatraro, and Christopher Thompson). Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Those voting No being 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 Library Board of Trustees. Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson. Those voting No being 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 10 27 Bozeman City Commission Meeting, June 23, 2008 11 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 start 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 Mexicana 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 Fund Requests 3:08:43 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 Jacobson, Mayor ATTEST: ______________________________________ Stacy Ulmen, City Clerk PREPARED BY: ______________________________________ Cynthia Jordan Delaney, Deputy City Clerk Approved on ___________________________. 28