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HomeMy WebLinkAbout02-02-09 Minutes, City CommissionLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 2, 2009 The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, February 2, 2009. Present were Mayor Pro-tem Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, City Manager Chris Kukulski, Finance Director Anna Rosenberry, Planning Director Andy Epple, Assistant City Attorney Tim Cooper, and Deputy City Clerk Aimee Kissel. NOTE: Audio for this meeting is unclear. Please refer to the DVD of this meeting for audio. 0:00:13 A. Call to Order - 6 p.m. -Commission Room, City Hall, 121 North Rouse Mayor Pro-tem Krauss called the meeting to order at 6:00 p.m. 0:00:13 B. Pledge of Allegiance and a Moment of Silence 0:01:00 C. Changes to the Agenda Mayor Pro-tem Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. 0:01:03 Chris Kukulski, City Manager Mr. Kukulski stated that he would like to remove item I. 4 from the agenda as it is a mayoral appointment and with Mayor Jacobson not in attendance, would not be appropriate for tonight. 0:01:20 Mayor Pro-tem Krauss Mayor Pro-tem Krauss asked for a legal opinion on that item, the North Seventh Urban Renewal Board appointments. He stated that the Bozeman Charter does not permit any appointments that are not called for in state law. He would like staff to get back to him and let him know if this one in particular is called for in state law. 0:01:49 D. Public Service Announcement -Neighborhood Conservation Club Focus Group 0:02:00 Eric Wold, City intern working with Brit Fontenot Mr. Wold a graduate student and city intern, presented information regarding the promotion of neighborhood conservation club's within the City of Bozeman. He explained that these clubs would be a forum for neighbors and friends to work together to discuss how to conserve energy and other resources. Inspiration came from a pilot project in Helena by the Alternative Energy Resources Organization. The focus groups are designed to illicit public comment from Bozeman residents regarding how they would like to see these clubs work. Mr. Wold invited residents of the City to come to these focus groups on February 3rd in city hall. Topics include types of activities, time commitment and potential web-based applications for communications and possibly other clubs as well. `} Minutes of the Bozeman C`ily Commissdon Meeting, February 2, 2009 0:04:03 E. Authorize Absence of Mayor Jacobson and Cr. Rupp 0:04:05 Motion and Vote to authorize the absence of Mayor Jacobson and Cr. Rupp. It was moved by Cr. Becker, seconded by Cr. Bryson to authorize the absence of Mayor Jacobson and Cr. Rupp. Those voting Ave being Crs. Becker, Bryson and Mayor Pro-tem Krauss. Those voting No being none. The motion passed 3-0. 0:04:19 F. Minutes -December 15, 2008 0:04:21 Motion and Vote to approve the minutes from December 15, 2008. It was moved by Cr. Bryson, seconded by Cr. Becker to approve the minutes from December 15, 2008. Those voting Ave being Crs. Bryson, Becker and Mayor Pro-tem Krauss. Those voting No being none. The motion passed 3-0. 0:04:31 G. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize Payment of $5,338.63 for the Buttrey's Solvent Site Cost Recovery (Cooper) 3. Approve a Temporary Beer & Wine License for Bridger Clinic, Inc.(nonprofit) to sell Beer & Wine at the Emerson Cultural Center (Neibauer) 4. Finally Adopt Ordinance No. 1756, Sundance Business Park II Zone Map Amendment #Z-07208 (Riley) 5. Ratify City Manager's Signature on Professional Services Agreement (An Agreement for Structural Project Peer Review Services) for plan review of County Detention Center (Winn) 6. Ratify City Manager's Signature on Professional Services Agreement with Carl Walker Engineering for review of the City of Bozeman Parking Structure (Winn) 0:04:37 Public Comment Mayor Pro-tem Krauss opened public comment. No person commented. Mayor Pro-tem Krauss closed public comment. 0:04:41 Motion and Vote to approve Consent Items G 1-6. It was moved by Cr. Becker, seconded by Cr. Bryson to approve Consent Items G 1-6. Those voting Ave being Crs. Becker, Bryson and Mayor Pro-tem Krauss. 2 Minutes of the Bozeman City Commission Meeting, February 2, 2009 Those voting No being none. The motion passed 3-0. 0:04:54 H. Public Comment Mayor Pro-tem Krauss opened public comment. 0:05:09 Mark Tymrak, Police Public Safety Director Officer Tymrak spoke regarding the public comment made during the January 26, 2009 commission meeting in which the citizen spoke about his dissatisfaction with the way a matter was handled by the police department. Officer Tymrak wanted the commission to know that the matter is under investigation. 0:06:04 Public comment closed. Mayor Pro-tem Krauss closed public comment. 0:06:11 1. Resolution No. 4143, Establishing Curbside Recycling Collection Fees (Arkell) 0:06:17 Steve Johnson, Solid Waste Superintendent Mr. Johnson presented the staff report explaining that this resolution has a set of rates to encourage commercial recycling and allow residents to purchase more than one tote or a larger container. 0:14:00 Public comment Mayor Pro-tem Krauss opened public comment. No person commented. Mayor Pro-tem Krauss closed public comment. 0:14:17 Motion and Vote to adopt Resolution No. 4143, establishing curbside recycling collection fees including collection fees submitted as schedule A. It was moved by Cr. Bryson, seconded by Cr. Becker to adopt Resolution No. 4143, establishing curbside recycling collection fees including collection fees submitted as cchednle A_ 0:15:33 Vote on the Motion to adopt Resolution No. 4143, establishing curbside recycling collection fees including collection fees submitted as schedule A. Those voting Ave being Crs. Bryson, Becker and Mayor Pro-tem Krauss. Those voting No being none. The motion passed 3-0. 0:15:59 Mr. Kukulski Mr. Kukulski asked Mr. Johnson what the public can do to help the recycling driver in his duties. 3 Minutes of the Bozeman City Commission Meeting, February 2, 2009 0:16:08 Mr. Johnson Mr. Johnson explained that it is helpful if recycling customers' separate cardboard vertically and place everything else at one end of the bin. They prefer that customers use the city provided container. The $4 fee for additional container is not for the container itself, but rather the processing of additional recycling material. 0:16:50 2. Public Hearing & Adoption of Parts of the Capital Improvements Program (CIP) for Fiscal Years 2010-2014 (Rosenberry) 0:16:56 Anna Rosenberry, Director of Finance Ms. Rosenberry gave the staff presentation. 0:19:19 Mayor Pro-tem Krauss Mayor Pro-tem Krauss asked if there were any capital items associated with the closure of the landfill. 0:19:40 Mr. Johnson Mr. Johnson stated that those monies come out of the closure and post-closure fund that had already been established. 0:20:03 Cr. Bryson Cr. Bryson asked for clarification regarding the costs associated with the software listed on the Solid Waste CIP. A discussion ensued with Mr. Johnson and commissioners regarding the costs that would be associated with this software and the need for this software by the Solid Waste Division. 0:29:47 Debbie Arkell, Director of Public Service Ms. Arkell explained that if the discussed software program was approved in the budget at a future commission meeting a request for proposal would then need to be completed because the software program cost is over $50,000. Once a company was selected the contract would come to the Commission for final approval. 0:31:06 Mayor Pro-tem Krauss Mayor Pro-tem Krauss stated that he felt the commissioners would have a lot of questions regarding this software package when this item comes before them again. 0:31:27 Mr. Johnson Mr. Johnson asked if it would be helpful for the Information Technology Department to present a report on this package when it next comes before the commission. 0:31:37 Mayor Pro-tem Krauss Mayor Pro-tem Krauss confirmed that all the commissioners present nodded yes to a staff report from IT when this Solid Waste software is next discussed. 0:31:45 Public Comment Mayor Pro-tem Krauss opened public comment. 4 Minutes of the Bozemm: City Commission Meeting, February 2, 2009 No person commented. Mayor Pro-tem Krauss closed public comment. 0:32:00 Motion and Vote to approve the Solid -Waste Collection Fund within the Capital Improvements Program (CIP) for Fiscal years 2010-2014. It was moved by Cr. Becker, seconded by Cr. Bryson to approve the Solid -Waste Collection Fund within the Capital Improvements Program (CIP) for Fiscal years 2010- 2014. Those voting Ave being Crs. Becker, Bryson and Mayor Pro-tem Krauss. Those voting No being none. The motion passed 3-0. 0:33:24 Solid Waste -Recycling Fund Mayor Pro-tem Krauss asked for the presentation regarding the Solid Waste -Recycling Fund portion of the CIP. 0:33:24 Ms. Rosenberry Ms. Rosenberry presented the staff report for the Solid Waste -Recycling Fund portion of the Capital Improvements Program. 0:33:25 Public Comment Mayor Pro-tem Krauss opened public comment. No person commented. Mayor Pro-tem Krauss closed public comment. 0:34:04 Motion and Vote to approve the Solid Waste -Recycling Fund within the Capital Improvements Program (CIP) for fiscal years 2010-2014. It was moved by Cr. Bryson, seconded by Cr. Becker to approve the Solid Waste - Rec_ycling Fund within the Capital Improvements Program (CIP) for fiscal years 2010- 2014. Those voting Ave being Crs. Bryson, Becker and Mayor Pro-tem Krauss. Those voting No being none. The motion passed 3-0. 0:34:04 Street Maintenance District Fund Mayor Pro-tem Krauss opened the Street Maintenance District Fund within the Capital Improvements Program. 0:34:47 Ms. Rosenberry Ms. Rosenberry presented the staff report regarding the street maintenance district fund portion of the Capital Improvements Program. Minutes of the Bozeman City Commission Meeting, February 2, 2009 0:35:15 Cr. Bryson Cr. Bryson asked whether this portion of the CIP has ever been looked at for sidewalk replacement. 0:35:29 John Van Delinder, Street Superintendent Mr. Van Delinder responded that sidewalk replacement had not been placed in this before, but that was a possibility. 0:36:09 Ms. Arkell Ms. Arkell explained that annually they do budget for sidewalk replacement and repairs within the engineering budget. They identify where this work needs done and then property owners are required to do that either through the city or on their own. The budgeted money is for the ADA ramps at the corners and the alleys in between properties. 0:37:20 Public Comment Mayor Pro-tem Krauss opened public comment. No person commented. Mayor Pro-tem Krauss closed public comment. 0:37:37 Motion to approve the Street Maintenance District Fund within the Capital Improvements Program (CIP) for Fiscal years 2010-2014. It was moved by Cr. Becker, seconded by Cr. Bryson to approve the Street Maintenance District Fund within the Capital Improvements Program (CIP) for Fiscal years 2010-2014. 0:37:47 Cr. Bryson Cr. Bryson felt it might be appropriate to consolidate funds within the CIP for sidewalk replacement so discussion can occur regarding sidewalks how they should be prioritized, whether a revolving loan fund or a street improvement district would be appropriate, etc. 0:38:23 Mayor Pro-tem Krauss Mayor Pro-tem Krauss stated he would not be in favor of a general tax to replace sidewalks. 0:39:40 Vote on the motion to approve the Street Maintenance District Fund within the Capital Improvements Program (CIP) for fiscal years 2010-2014. Those voting Ave being Crs. Becker, Bryson and Mayor Pro-tem Krauss. Those voting No being none. The motion passed 3-0. 0:39:55 Forestry (Tree Maintenance District) Fund Ms. Rosenberry presented the staff report for the Forestry (Tree Maintenance District) Fund within the Capital Improvements Program. 0:42:38 Public Comment Mayor Pro-tem Krauss opened public comment. 6 Minutes of /he Bozeman City Commission Meeting, February 2, 2009 0:42:49 Christian Wilcox, Public Comment Mr. Wilcox said he thought the chipper looked new. He asked whether the city contracts with a company out of state. 0:43:41 Mr. Van Delinder Mr. Van Delinder said the chipper Mr. Wilcox saw chipping Christmas trees is the newer chipper of the two. The older chipper is due for replacement. The city has contracted with Asplen in the past. 0:44:12 Public comment Closed Mayor Pro-tem Krauss closed public comment. 0:44:17 Motion and Vote to approve the Forestry (Tree Maintenance District) Fund within the Capital Improvements Program (CIP) for fiscal years 2010-2014. It was moved by Cr. Bryson, seconded by Cr. Becker to approve the Forestry (Tree Maintenance Districtl Fund within the Capital Improvements Program (CIP) for fiscal years 2010-2014. Those voting Ave being Crs. Bryson, Becker and Mayor Pro-tem Krauss. Those voting No being none. The motion passed 3-0. 0:44:35 3. Re-appointment to the Northeast Urban Renewal Board (Kissel) 0:45:12 Aimee Kissel, Deputy City Clerk Ms. Kissel gave the staff presentation. 0:45:13 Motion and Vote to appoint Nelle Devitt to the Northeast Urban Renewal Board. It was moved by Cr. Becker, seconded by Cr. Bryson to appoint Nelle Devitt to the Northeast Urban Renewal Board. Those voting Ave being Crs. Becker, Bryson and Mayor Pro-tem Krauss. Those voting No being none. The motion passed 3-0. 0:45:13 5. (Re)Appointments to the Cemetery Advisory Board (Kissel) 0:45:31 Motion and Vote to appoint Lowell Springer and Don Derby to the Cemetery Advisory Board It was moved by Cr. Bryson, seconded by Cr. Becker to appoint Lowell Springer and Don Derby to the Cemetery Advisory Board. 7 Minutes of the Bozeman City Commission Meeting, February 2, 2009 0:45:31 Vote on the motion to appoint Lowell Springer and Don Derby to the Cemetery Advisory Board. Those voting Aye being Crs. Bryson, Becker and Deputy Mayor Krauss. Those voting No being none. The motion passed 3-0. 0:45:46 6. Appointment to the Community Alcohol Coalition 0:45:46 Ms. Kissel Ms. Kissel presented the staff report. She explained that the board has quite a few vacancies, but the Ordinance governing this board has specific requirements for membership. The board would like to have both of the applicants join the board but can only have one MSU student appointed despite the high number of vacancies. The board may choose in the future to come before the board with a revised Ordinance to deal with this issue. 0:45:49 Motion and Vote to appoint Clare Darrough to the Community Alcohol Coalition. It was moved by Cr. Becker, seconded by Cr. Bryson to appoint Clare Darrough to the Community Alcohol Coalition. Those voting Ave being Crs. Becker, Bryson and Mayor Pro-tem Krauss. Those voting No being none. The motion passed 3-0. 0:49:07 J. FYI/Discussion 0:49:09 1. Reminder of Policy meeting on Thursday, February 5, 2009 (Kissel) 0:49:09 Ms. Kissel Ms. Kissel reminded the commissioners of the upcoming policy meeting on Thursday, February 5, 2009. 0:49:10 Andy Epple, Planning Director Mr. Epple informed the commissioners that his office made a determination regarding a proposed use of a subdivision exemption. The owners are appealing that decision and therefore a public hearing will be held during the February 17th commission meeting. Code requirement calls for the applicants appeal application to be given to the commissioners 14 days in advance of the applicants appeal therefore Mr. Epple gave copies of the appeal application to Deputy City Clerk Kissel for distribution to the commissioners. 0:50:56 Ms. Arkell Ms. Arkell relayed that on Saturday about 4:30 a.m. a water main broke behind the Hastings shopping center. About 600,000 gallons of water went down 15th and 16th. Only two structures had a minor amount of water in their basements. The weekend shifts were able to quickly begin Minutes of the Bozeman Ciry Commission Meeting, February 2, 2009 work fixing it. It was a tricky fix because it was directly under a 6" gas main, but the repair was successfully completed. 0:52:10 Cr. Bryson Cr. Bryson asked if the water main break had any effect on the bio-remediation for the test site that surrounds that area and runs north. 0:52:21 Ms. Arkell A 6" pvc pipe was ripped out but replaced. The Tetra-tech technician was on-site Saturday and said there was no impact on the study site. 0:53:04 Mr. Kukulski Mr. Kukulski gave the commissioners the hand-out that Mayor Jacobson gave to Senator Baucus, Senator Tester and Legislature Rehberg. The staff was given technical data and specific data related to the Wastewater Treatment Plant and the two Federal Grant Areas as identified in the weekly report. We did receive very positive feed-back from all three with regard to understanding the critical nature of the project and that it will eventually be paid for by Bozeman tax-payers. Most importantly the 16 million can be put right back out to bid within weeks and we could award those bids within 4-6 weeks if we receive funding. The tertiary filters brought from phase 2 to phase 1 would be ready to bid within 120 to 180 days if we were to receive funding. The Senate is deliberating right now. No dollar figures were discussed by the representatives. 0:55:1.9 Mr. Kukulski Brady Wiseman asked if either Mr. Kukulski or someone from the commission could speak in Helena this Thursday Feb. 5th at 3 p.m. during a committee hearing on behalf of energy efficiency improvement districts that Mr. Wiseman is sponsoring. 0:56:26 Mayor Pro-tem Krauss Mayor Pro-tem Krauss stated that he has looked at other projects whether from the institutions or other cities and the package we've put together that's shovel ready has ecological and economic impacts that he hasn't seen in other projects. He commended Mr. Kukulski in getting our package ready and moved forward. 0:57:14 K. Adjournment Mayor Pro-tem Krauss adjourned the meeting at 7 p.m. f s, ayor ro-tem 9 Minutes of the Bozeman City Commission Meeting, Fehruary 2, 2009 ATTEST: Stac lm ,City Clerk PREPARED BY: Aimee issel, Deputy City Clerk Approved on ~!~ o~o©g _ ` ,~~ 10