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HomeMy WebLinkAboutFebruary 17, 2009 MinutesMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 17, 2009 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Tuesday, February 17, 2009. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, City Manager Chris Kukulski, Finance Director Anna Rosenberry, Planning Director Andy Epple, Staff 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. A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Jacobson called the meeting to order at 6:02 p.m. B. Pledge of Allegiance and a Moment of Silence C. Public Service Announcement 1. Shared Use of Ice Rinks (White) Thom White, Superintendent of Parks and Cemetery Mr. White gave a presentation regarding the status of the city ice rinks and conflicts between the recreational and hockey users. Mr. White asked for cooperation from the public regarding use of these free rinks and gave information on how cooperation can best be accomplished. Mayor Jacobson Mayor Jacobson thanked city crews for all the hard work they do maintaining the ice rinks and relayed that she has heard a lot of compliments about how great the ice is. Staff is often out early in the morning and late at night working on these rinks. 2. Veteran’s Memorial Wall update from the Cemetery Advisory Board Don Derby spoke on behalf of the Cemetery Advisory Board regarding an update on the Veteran's memorial wall being placed in the cemetery. Volunteers have recently started on the all Veteran's wall. They have a 100 foot wall and the center-piece done. They are in the process of accepting donations for plaques. So far they have raised about $72,000 dollars and close to $30,000 dollars worth of time, equipment and labor. Dan Hanson donated the grout and machinery to fill the wall. Twenty people were working on it last time putting the most recent part together. Mayor Jacobson Mayor Jacobson thanked the Cemetery Advisory Board for a great job on this project. 4 Minutes of the Bozeman City Commission, February 17, 2009 2 3. Surplus Property Sale (Kissel) Aimee Kissel, Deputy City Clerk Ms. Kissel announced that the city will have a surplus property sale at the old city hall on February 19th and 20th . Ms. Kissel gave information regarding viewing items and submitting bids. D. Changes to the Agenda Mayor Jacobson asked City Manager Kukulski if there were any changes to the agenda. Chris Kukulski, City Manager Mr. Kukulski stated that other than the additions to the Public Service Announcements already made, there were no changes to the agenda. E. Minutes – January 12, 2009 Motion and Vote to approve the Minutes from January 12, 2009. It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Minutes from January 12, 2009. Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 5-0. F. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign a Forestry Services Agreement with Peck Forestry, Inc. to prepare a Forest Management Plan for the City’s Timbered Lands in the Sourdough Creek Drainage (Heaston) 3. Authorize City Manager to sign an Agreement for Engineering Services Contract with TD&H for Civil Site Inspection and Survey Services for Construction Activities related to the Renovation of the Story Mansion (Goehrung) 4. Authorize Mayor to sign the Findings of Fact and Order for the Preliminary Plat of the Knolls East and Highland South Subdivision, #P-07037 (Riley) 5. Approve Resolution No. 4147, Alteration/Modification of Contract with Trapper Peak Construction, Inc., Landfill Phase 2 Closure Project (Johnson) 6. Approve Depository Bonds and Pledged Securities as of December 31, 2008 (Clark) Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 5 Minutes of the Bozeman City Commission, February 17, 2009 3 Motion and Vote to approve Consent items F. 1-6. It was moved by Cr. Becker, seconded by Cr. Krauss to approve Consent items F. 1-6. Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 5-0. G. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. H. Action Items 1. Resolution No. 4146, Establishing Curbside Recycling Collection Fees (Public Hearing and Consideration of Approval) (Arkell) Mayor Jacobson announced that the public hearing for this item would open with the beginning of the staff report. Debbie Arkell, Director of Public Safety Ms. Arkell presented the staff report explaining that this item was already on the agenda February 2nd, when the Commission adopted a Resolution regarding recycling fees. On February 3rd , the city was notified by the Bozeman Chronicle that due to an error in their server, this item did not get advertised in the paper as necessary. For this reason, this item has come before the Commission again. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to approve Resolution No. 4146, Establishing Curbside Recycling Collection Fees according to Schedule A. It was moved by Cr. Krauss, seconded by Cr. Bryson to approve Resolution No. 4146, Establishing Curbside Recycling Collection Fees. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2. Appeal of Administrative Decision Application #C-09001, J & D Family/360 Ranch Realignment of Common Boundary Subdivision Exemption (Public Hearing and Consideration of Appeal) (Epple) 6 Minutes of the Bozeman City Commission, February 17, 2009 4 Chris Kukulski, City Manager Mr. Kukulski introduced Action item #2. Mayor Jacobson Mayor Jacobson announced that the public hearing on this item would begin with the staff report. Andy Epple, Planning Director Mr. Epple gave the staff report regarding this appeal. The planning office feels that this case was an improper use of the exemption and the tract of land the owners would like to create would be more appropriately reviewed in a subdivision review process. Tom Henesh on behalf of 360 Ranch and J & D Partnership – Applicant Mr. Henesh referred to the letter from Mr. Epple and the staff report while explaining the applicants position on this appeal. Joe Billion, Owner of JC Billion Inc. – Applicant Mr. Billion is very concerned about development costs and without this kind of exchange would need to develop all of the acreage. Mr. Billion stated that moving the lot line would give him a 20 acre piece to develop without having to develop the back 18 acres. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Tim Cooper, Assistant Attorney Mr. Cooper responded to questions from Cr. Krauss regarding legalities in this issue. He stated that state statute and the Attorney’s General’s office has established that this be primarily a local concern so local governing bodies have the right to determine the intent and uses for exemptions and what constitutes an attempt to evade the subdivision. We do however have standards in place to determine whether this is an attempt to evade. Mr. Cooper Mr. Cooper responded to further legality issues raised by Cr. Becker. Mr. Cooper stated that the legal issue here is trying to determine the purpose of the exemption. The general purpose of the relocation of a common boundary is to change location to adjust lots to topographical features or new structures. The ordinance we have created is intended to prohibit use of this exemption to create new parcels. The determination here asks, ‘is this application an attempt to create a new parcel?’ Motion to deny the request for appeal because the development after testimony would be an evasion of the subdivision platting act. It was moved by Cr. Bryson, seconded by Cr. Krauss to deny the request for appeal because the development after testimony would be an evasion of the subdivision platting act. 7 Minutes of the Bozeman City Commission, February 17, 2009 5 Cr. Becker and Cr. Krauss asked that the motion be given in the affirmative. Motion withdrawn to deny the request for appeal because the development after testimony would be an evasion of the subdivision platting act. Cr. Bryson withdrew his motion, Cr. Krauss withdrew his second. Motion to grant the appeal of the application #C-09001. Discussion It was moved by Cr. Bryson, seconded by Cr. Rupp to grant the appeal of the application #C-09001. Cr. Becker Cr. Becker stated that he felt this application was not a proper use of the exemption but he is sympathetic with the needs of the applicant. Cr. Becker suggested that the applicants concerns may be dealt with through application to deviations through the sub-division process. Hopefully those exactions can be secured in a different manner than the applicant may anticipate at this point in time. Mayor Jacobson Mayor Jacobson closed the public hearing section for this item. Vote on the motion to grant the appeal of the application #C-09001. Those voting Aye being None. Those voting No being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson. The motion failed 0-5. 3. Modifications to the Approved Cottonwood Silos Final Site Plan, Certificate of Appropriateness, Deviation Application #Z-06074 (Public Hearing & Consideration of Approval) (Bristor) Mayor Jacobson Mayor Jacobson opened the public hearing for Application #Z-06074. Allyson Bristor, Planner Ms. Bristor presented the staff report. Brian Caldwell, Thinktank Design Group, 600 North Wallace, loft 3, representing Applicant Mr. Caldwell presented the applicant’s position on this application. Public Comment Mayor Jacobson opened public comment. 8 Minutes of the Bozeman City Commission, February 17, 2009 6 Mr. Wall explained that they are very excited that another lot would be developed in the Silos Project. The proposed home would be a straw bale structure with many sustainable aspects. He feels this would add to the interest and beauty of the neighborhood. Mr. Wall asked staff if the modifications to the final site plan will be maintained if this is approved tonight. He also said it is his intention to build the silos plans as they are and is wondering what the level of COA is if he comes in with the original plans. He also stated that he would not mind staff’s condition to put a historical sign in his yard. Randy Wall, 530 East Cottonwood Street – Applicant Public Comment Closed. Mayor Jacobson closed public comment. Ms. Bristor Ms. Bristor in answering the applicant’s questions said that the modification to 522 has been approved. A new COA application would be deemed acceptable and would need an intensification COA with a standard COA application sketch fee. Lot 530 would be a great location for the sign. Seeing no further public comment, Mayor Jacobson closed the public hearing and began discussion, motion and vote. Motion to approve the Modifications to the Approved Cottonwood Silos Final Site Plan, Certificate of Appropriateness, Deviation Application #Z-06074 with the Conditions listed in the staff report. It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Modifications to the Approved Cottonwood Silos Final Site Plan, Certificate of Appropriateness, Deviation Application #Z-06074 with the Conditions listed in the staff report. Discussion Vote on the Motion to approve the Modifications to the Approved Cottonwood Silos Final Site Plan, Certificate of Appropriateness, Deviation Application #Z-06074 with the Conditions listed in the staff report. Those voting Aye being Crs. Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being Cr. Rupp. The motion passed 4-1. Break 4. Parts of the Capital Improvements Program (CIP) for Fiscal Years 2010- 2014 (Public Hearing & Consideration of Approval) (Rosenberry) Chris Kukulski Mr. Kukulski acknowledged and thanked Anna Rosenberry and her staff who worked on the 9 Minutes of the Bozeman City Commission, February 17, 2009 7 Capital Improvements Program. Tonight is the General Fund portion of the Capital Improvements Program. Anna Rosenberry, Director of Finance Ms. Rosenberry gave the staff presentation for the General Fund CIP and stated that this is the opportunity for the public to comment on this plan. She explained that the General Fund is the primary source of capital related to Parks, Recreation, Police, Library, Facilities and Information Technology. This is not approving or providing any appropriation authority and items must still be incorporated into the budget and approved with the final budget Resolution. This is the development of a five year plan. Ms. Rosenberry explained that this year they incorporated ranking criteria to give everyone a better idea how projects were prioritized both in terms of dollars and time. Discussion ensued regarding the ranking criteria and other related questions on the projects list. Cr. Bryson Cr. Bryson brought up questions and related concerns regarding the vehicle replacements on the CIP list. Cr. Bryson feels that the City should try to get more out of vehicles than they have in the past. Cr. Krauss Cr. Krauss followed up on Cr. Bryson’s questions and asked if the City has a vehicle replacement policy and stated that if not we should. Mr. Kukulski Mr. Kukulski said he was not aware that the city has a replacement policy but stated that about 18-24 months ago the City centralized all vehicle replacements through John Van Delinder so that we would have some force for that. Mr. Kukulski agreed with the Commissioners that vehicles should not be gotten rid of when they have low mileage unless they are being passed to another department or are ‘lemons’ and agreed that criteria for vehicle replacement be created in a policy. Ms. Rosenberry Ms. Rosenberry said that in the parks vehicles listed in FY 10 and 11 do have quite a few miles on them with close to or over 150,000 miles each. She also explained that the animal control vehicle mileage was mistakenly listed as 50,000 miles and is actually at 90,000 miles. Cr. Bryson Cr. Bryson asked whether any staff had detailed information on why item GF-076, the senior center floor replacement was pushed back so far when he is under the impression it is in bad condition with the tiles in the floor peeling up and possibly causing a tripping hazard and the floor itself is of significant concern. Ms. Rosenberry Ms. Rosenberry stated that the problem has been repaired and the members of the Senior Center are campaigning right now to raise money to put in a hard wood floor that they would prefer. 10 Minutes of the Bozeman City Commission, February 17, 2009 8 This item was pushed back to see if our repair was successful long-term and to see whether the Senior Center pursues a hard wood floor. Mayor Jacobson Mayor Jacobson mentioned that she felt the ranking criteria are missing qualitative factors. Qualitative items are rarely given a number because it is harder to quantify quality of life when it comes to parks and recreation, libraries, etc. She spoke to the importance of those qualitative factors that address quality of life. Jacobson feels the way the points system is set up puts parks projects at a disadvantage in the ranking system. Cr. Krauss Cr. Krauss felt that Mayor Jacobson had a good point about qualitative measures. He felt that one way to add qualitative would be by looking at areas that have a large amount of services compared to those areas of town that do not have as many services such as parks. Areas with fewer services could score more points as one manner in which qualitative scoring could be accomplished. Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Thom White, Superintendent of Parks/Cemetery Mr. White spoke regarding the earlier conversation about vehicles saying that another option could be to use utility vehicles similar to a golf court that would stay in the cemetery. Four or five of the vehicles were placed in a recent auction because the cost of repairing them outweighed their worth. Responding to a question from Cr. Bryson, Mr. White spoke to the fact that they do use vehicles that have been ‘handed’ down from other departments and they are contributing vehicles. Rich McLane, Police Lieutenant Mr. McLane responded to an earlier question asking why the animal control vehicle needed to be four wheel drive. Mr. McLane explained that the route out to the Heart of the Valley can be treacherous and the animal control officer goes all over for dogs, horses, etc. Cr. Rupp Cr. Rupp asked that an explanatory narrative be provided for items on the CIP that have a higher ranking but are lower on the priority list. Motion to approve the General Fund within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. It was moved by Cr. Becker, seconded by Cr. Krauss to approve the General Fund within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. Discussion 11 Minutes of the Bozeman City Commission, February 17, 2009 9 Cr. Bryson thanked staff for creating the points system. He does agree that qualitative and quantitative could be fleshed out a little better. He wants to see the least expensive, appropriate solutions to all the CIP items. Amendment to the Main Motion to eliminate fiscal year 2010 of GF-052 an investigation vehicle and transfer that with $25,000 to senior center floor replacement GF-076 to 2010. The Main Motion was amended by Cr. Bryson, seconded by Cr. Rupp, to eliminate fiscal year 2010 of GF-052 an investigation vehicle and transfer that with $25,000 to senior center floor replacement GF-076 to 2010. Discussion Marty Kent, Deputy Chief Patrol Division Mr. Kent stated that the $25,000 for an investigation vehicle is for replacement of one of the Drug Task Force vehicles. One is broken down more than it is running and the other is over 100,000 miles and in pretty bad shape. They are old, warn out vehicles. Mayor Jacobson Mayor Jacobson suggested allowing staff to look through the CIP fund to determine where the money for the senior floor could come from. Lt. McLane Mr. McLane suggested that the Commissioners delay purchasing the animal control vehicle for a year rather than delay an investigative or patrol vehicle. Cr. Becker Cr. Becker asked staff to look into this issue further as Mayor Jacobson suggested. Cr. Krauss Cr. Krauss agreed that staff were more prepared to move things around on the CIP and also stated that he felt the senior center should be given the opportunity to raise the money on their own. Vote on the Amendment to the Main Motion to eliminate fiscal year 2010 of GF-052 an investigation vehicle and transfer that with $25,000 to senior center floor replacement GF-076 to 2010. Those voting Aye being Crs. Bryson and Rupp. Those voting No being Crs. Becker, Krauss and Mayor Jacobson. The motion failed 2-3. Vote on the Main Motion as Amended to approve the General Fund within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. 12 Minutes of the Bozeman City Commission, February 17, 2009 10 Those voting No being none. The motion passed 5-0. I. FYI/Discussion 1. Federal Appropriations Update (Kukulski) Mr. Kukulski Mr. Kukulski informed everyone that the federal appropriations request for 2010 will be on next Monday’s agenda. They plan on coordinating that with what was requested on the stimulus package and the adopted 08-09 work plan. The deadline for appropriation requests for the 2010 federal budget process for all three offices is February 27th . 2. Consider Cancelling the March 16, 2009 Meeting due to Spring Break (Kukulski) Mr. Kukulski Mr. Kukulski mentioned the possibility if it pleases the commission of cancelling the March 16th meeting due to spring break and also reminded everyone that March 30th is the fifth Monday of the month and therefore would not be a commission meeting night. Cr. Krauss Cr. Krauss mentioned that he will not be available from March 11 through March 16th . The Mayor and the Commissioners confirmed that they would like to cancel the meeting of March 16th as well as the fifth Monday. 3. Budget Presentations Schedule Mr. Kukulski Mr. Kukulski mentioned that staff would be providing the Commission with a budget calendar for the budget presentations for each of the divisions and departments and they would be posted as public meetings. In the past they have used both times during the day and Monday evenings. The main downside of using Monday evenings is the lack of time to provide information and answer questions. Cr. Krauss prefers that they not be done during the daytime because of his day time work commitments, but would entertain the meetings starting at 4:00 on Mondays instead of 6:00. Mayor Jacobson Mayor Jacobson asked if the presentations would be televised if they were at a different time than the regular 6 p.m. Monday night meeting. Mr. Kukulski Mr. Kukulski said that televising the meetings at any time is a definite possibility and it is just a matter of coordinating that with Bresnan. He also expressed that he has asked everyone within 13 Minutes of the Bozeman City Commission, February 17, 2009 11 the city to look for ideas to cut costs and be creative with the budget and wonders if televising would make some staff more inhibited. He also said that. Mayor Jacobson stated that she had asked about televising out of the same concern. Mr. Kukulski Mr. Kukulski said that his emphasis would be to make enough time for each of the presentations. Ms. Rosenberry Ms. Rosenberry explained that the budget calendar needs about 25-30 hours. Cr. Krauss Cr. Krauss said that the Commission cannot get through 25-30 hours during the regular Monday night commission meetings. Cr. Rupp would prefer that the budget presentation be televised and does not feel it would be very intimidating and would like the public involved. He does not mind however if the presentations take place during the day. Ms. Rosenberry Ms. Rosenberry asked if there were specific presentations that Commissioners would be more interested in having take place on a Monday evening. Cr. Krauss Cr. Krauss would prefer the items in the general fund take place on Monday evenings. Chris Kukulski Mr. Kukulski said that staff will put together a budget calendar and provide it to the Commission for further feedback. Mr. Kukulski Mr. Kukulski asked for re-scheduling feedback on the round-table with engineering and planning. He will coordinate with them regarding this schedule. J. Adjournment Mayor Jacobson adjourned the meeting. ________________________________ Kaaren Jacobson, Mayor 14 Minutes of the Bozeman City Commission, February 17, 2009 12 ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________. 15