HomeMy WebLinkAboutFebruary 23, 2009 Minutes1
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 23, 2009
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, February 23, 2009. Present were Mayor Kaaren Jacobson, Cr. Sean Becker,
Cr. Eric Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City
Manager Chuck Winn, Planning Director Andy Epple, Interim City Attorney Bob Planalp and
Deputy City Clerk Aimee Kissel.
NOTE: Audio for this meeting is unclear. Please refer to the DVD of this meeting.
A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Jacobson called the meeting to order at 6:08 p.m.
B. Pledge of Allegiance and a Moment of Silence
C. Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
Chris Kukulski, City Manager
Mr. Kukulski stated that there were no changes to the agenda.
D. Minutes – January 20, 2009
Motion and Vote to approve the Minutes of January 20, 2009.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Minutes of January 20,
2009.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being None.
The motion passed 5-0.
E. Consent
1. Authorize Payment of Claims (LaMeres)|
2. Authorize City Manager to sign Change Order s #001 in the amount of $932.80
and Change Order #002 in the amount of $1,074.06, and approve payment for Asbestos
and Mold removal with R & R Taylor Construction, Inc., which is outside the Scope of
the Contract with R & R Taylor Construction, in the amount of $7,081.52 for the Story
Mansion Renovation (Goehrung)
3. Adopt Resolution No. 4148, Requesting Federal Funding for Fiscal Year 2010 (Kukulski)
4. Approve Mayoral Proclamation for Peace Corps Week, February 23 to March 2, 2009
(Kissel)
5. Approve Suspending Increases to Section 3 B and Section 6 of the Employment
Agreement between the City of Bozeman and City Manager, Chris Kukulski (Kukulski)
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6. Finally Adopt Ordinance No. 1757, Revising the City Commission Rules of Procedure
(Ulmen)
Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve Consent items 1-6.
Amendment to approve Consent items 1, 3, 4, 5 and 6.
It was moved by Cr. Krauss, seconded by Cr. Becker to amend the main motion to approve
Consent items 1, 3, 4, 5 and 6.
Vote on the Amendment to the Main Motion to approve Consent items 1, 3, 4, 5 and 6.
Those voting Aye being Crs. Krauss, Becker, Bryson, Rupp and Mayor Jacobson.
Those voting No being None.
The motion passed 5-0.
Vote on the motion as Amended to approve Consent items 1-6 with the amendment to
approve Consent items 1, 3, 4, 5 and 6.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being None.
The motion passed 5-0.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve Consent item E. 2.
Those voting Aye being Crs. Rupp, Becker and Mayor Jacobson.
Those voting No being Crs. Krauss and Bryson.
The motion passed 3-2.
F. Public Comment
Mayor Jacobson opened public comment.
Wren Killian Bade, Public Comment
Ms. Bade of 304 South 9th thanked the Commission for their time and efforts at greening
beautiful Bozeman. Ms. Bade informed the Commission that the trash bag she brought in was
full of bottles and cans she picked up in about a half hour’s time in 4 or 5 blocks near her home.
Ms. Bade has been advocating for recycling since moving to Bozeman in about 1990. She feels
she can be a resource and liaison and would like to offer information that the Commission can
act on. She said she feels like she represents 646 citizens of Bozeman because in the past three
weeks she has collected 646 signatures on a petition advocating for a nationwide bottle and bag
bill. She feels there are issues that we can address in Bozeman even if the bottle bill does pass.
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If a bottle bill does pass those cans (pointing to the bag at her feet) would not be here because
homeless and job-less people would collect them. States with bottle bills have 70% less litter
and 70% recycling while Montana has a 15% recycling rate. One of the main things she came to
talk about is that we are sending our glass to Logan for $27. per ton to landfill it and Livingston
has a glass crusher and they’d be willing to crush our glass for $27. per ton. Dave Leveritt of
Full Circle Recycling goes down to Livingston to pick up Park Counties recyclables with an
empty roll off every week and he’d be willing to take our glass over for less than we pay to ship
it to Logan. When it goes into Logan’s landfill the glass is not crushed and there’s a lot of dead
air space filling up the landfill at Logan so tax payers will be paying to expand the Landfill when
it fills up with bottles. Another thing she has a concern with is the burning of wood at
construction sites in town. She brought pictures of a huge burn pile taken on Opportunity Way
behind the college. She would like to suggest a sell at the land fill for the dimensional lumber
and all of the plywood, plastic and particle board should not be burned as they release a lot of
toxic fumes. Cities should outlaw contractors from burning at construction sites. Contractors
should not bear the burden of this. The city could pay the contractors to bring the dimensional
lumber there. She would love to visit with the commissioners further on these issues.
Public Comment closed.
Mayor Jacobson closed public comment.
G. Special Presentation – Mayor’s State of the City Address
Mayor Jacobson
Mayor Jacobson gave the state of the city address saying:
“I come before you at a time that is not nearly as rosy as a mere twelve months ago. Tonight I
will address the city’s financial condition and then turn to some of our achievements for the last
year. When it comes to city finance there are several different fund accounts. I will only address
the general fund which relies solely on property taxes because that is where the pressure point
lies. We are in the midst of a National recession and what we will face for the upcoming fiscal
year is uncertain. We will not know what our taxable valuation for next year will be until
sometime later this summer in August. However at this juncture our finance director estimates
that we can expect a 3.5% increase in revenues for 2010 compared to the 7.5% increase for
2009. A 3.5% increase in general fund revenues will yield 350,000 dollars in additional
revenues. Anticipated salary and benefit increases will eat up $290,000 of this amount leaving
only $60,000 for inflation of operating expenses and any needed capital improvements in the
general fund. It is obvious that the declining increase in revenues will require belt tightening for
fiscal year 2010. This situation indeed poses a dilemma because in spite of a recession, the
demand for services does not decline. The streets will have to be cleaned just as often, snow will
still need to be removed as soon as possible after a storm. Old sewer and water mains will break
and our crews will be called out sometimes in the middle of the night, sometimes in the winter to
make repairs. We will continue to accumulate garbage which must be picked up weekly along
with our curbside recycling program. Fires will break out and must be put out promptly so as to
save lives and property. Crimes will still be committed, legal issues will still arise and the need
to prosecute crimes will go on. Clearly, recessions do not result in a declining need for services.
In fact the demand for some services will increase. For example, as citizens seek less expensive
forms of recreation and entertainment the demand for library, park and recreation services will
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increase. In fact, we already have evidence that this is happening. Decreasing employees in our
city departments could reduce the level of services that our citizens have come to expect. The
planning and building inspection departments face particularly difficult dilemmas. In building
inspection the entire budget comes from inspection fees and the department has lost five
employees in the last five months. Two of them just last Friday. In spite of the fact that the
building inspection budget comes entirely from construction fees the department does have some
public safety responsibilities that are not fee based. In the case of the planning department only
part of their budget is fee based. However they have substantial responsibilities beyond
subdivision review and other fee based activities. They have lost five positions since July. Of
course these employee positions that have been lost are due to the declining construction
industry in our community. But I hope these two departments do not experience further cuts. We
do not want to be penny wise and pound foolish. It takes time to build quality staff and once the
recession is over we don’t want to find ourselves with a healthy demand for quality planning and
building inspection only to find ourselves with insufficient staff. It is my hope that some sort of
balance can be struck here. What can we do in the face of declining revenues without a decline
in demand for city services and even increases in demand for some services? First, I applaud
the city staff for examining their departments earlier this year for possible cost reductions that
will become effective during this current budget year and all departments are examining their
budgets for possible cost efficiencies for the coming year. Leaving job vacancies open is the
most common method of cost cutting and vacancies will need to be left open to ease the financial
pinch. I do advise caution in any across the board cuts in staff. I note that our city manager has
declined an inflationary increase in his salary and I applaud him for the example he has set. I
now call on all non-union staff who are in the upper reaches of the organization to decline any
salary increase for 2010. When it comes to our unionized employees I want you to know that I
strongly support organized labor. Unions have been essential for achieving fair wages in our
society and we all know of the sacrifices made in the early twentieth century to achieve such
equity. Three out of our four unions currently have binding contracts but I call on all of our
unions and their members to forego any raise for 2010 provided of course that the cities non-
unionized members do the same. I believe that we need to save as many jobs as possible and to
continue to provide the same level of services. These are extraordinary times and they call for
extraordinary actions. The city of Bozeman is truly blessed with excellent employees; people
who are dedicated and take pride in what they do for the citizens of Bozeman. We have an
organization culture that identifies itself with quality service to its citizens and I believe that
public officials need to help the city’s employees at this troubling time by saving as many jobs as
possible but we cannot do this alone. We need your help and the help of your unions. In spite of
a decline in city revenues there are other indications that reflect the cities positive financial
condition. One such indicator is the percent of our general fund revenues that are kept in
reserve. At the beginning of our next fiscal year, the finance director estimates that this account
will hold about 4 million dollars or 19.2% of our total general fund revenues. The Government
Finance Officers Association recommends that Cities hold between 5 and 15% of its revenues in
reserve. We are well above the high end of this standard. Keeping this reserve high provides us
with the cash flow for unexpected capital expenditures and assists us in maintaining our high
bond rating which is necessary to achieve the lowest possible interest rates when we must
borrow money through general obligation bonds. To conclude this examination of our financial
condition, we clearly face a challenge. The expected increase in revenues will not be sufficient
to increase salaries, cover any necessary increases in operational expenses or take care of any
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capital improvements in the general fund let alone add any additional employees in areas where
we experience an increase in demand. Overall our financial condition is sound and I believe we
can ease this situation and come through this very difficult time by continuing to stream line
operations for cost efficiencies, leaving vacancies open and keeping salaries where they are.
This recession will end and it will get better in time. Turning to a more positive note, work has
continued on various plans and projects during the past year. Some things have been completed
and some are in progress. Here are a few. We have finished and adopted a climate protection
plan that is being used throughout the city to reduce energy costs and thus reduce carbon
dioxide emissions. We have broken ground on a third fire station that should be completed by
the fourth of July thus providing greater fire protection for our citizens. We have adopted a new
transportation plan that makes improvements in our major street networks and also provides
pedestrian and bicycle facility improvements. A storm water facility has been planned (excuse
me has been adopted.) Restoration of the first floor of the Story mansion is on schedule and if
things continue to progress on time it will be completed by the first of July and will be open for
public use. We are in the process of updating our city’s growth policy that is used for land use
decisions and guiding growth and this will come to us before the end of the year. The design on
the water treatment plant has been started and while this design will take about two years to
complete, it will have an important impact on the future growth of our community. The city’s
downtown parking garage after many delays due to bad weather is scheduled to be open around
April 1st and I hope that is not an April fools day. Finally we will break ground on the first
phase of our water treatment plant in just a few weeks. This project is essential for two reasons.
First we need expanded capacity in order to meet growth needs and to make sure we don’t find
sewage backing up into our bathtubs someday. Secondly, we must reduce the amount of nitrogen
and phosphorous that is discharged into the east Gallatin River in order to keep this river clean
and to meet Federal and state requirements for the discharge of biological nutrients. Because
the bid for this project came in too high, we eliminated several important environmentally
friendly features necessary to reduce our energy needs and greenhouse gas emissions. This is
where the Federal stimulus package comes in. We are requesting funds to restore all of these
climate protecting features including a plan to turn methane gas into electricity to power the
plant. Our requests have been met very favorably in Washington with our delegation. That is
because they are shovel ready, reduce energy needs and will provide as many as five hundred
temporary jobs. In addition to the waste water treatment plant we are also requesting funds for
numerous other projects as well. The stimulus package is a very complex piece of legislation
and Capitol Hill staff from Senator Bauchus’ office is working with us to ensure we are aware of
any funds that we may be eligible for. All three field representatives from our congressional
delegation are also assisting us. After I review all that we have done in the past year and
examine our current financial condition I look at our city glass as half full instead of half empty.
We face some very hard decisions in the next few months, but I believe this commission will make
the best policy decisions possible and our excellent staff will implement these policies with all
the fervor that is characteristic of all the work that they do for the city. Finally I’d like to say
that it is a great honor to serve this community and I will continue to strive to do my best along
with my four colleagues who join me here at the commission table. I thank the public for your
time, attention and your long standing commitment to the betterment of our community in
Bozeman. Thank you very much.”
H. Action Items
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1. Story Mansion R-1 to PLI Zoning Initiation (Epple)
Chris Kukulski, City Manager
Mr. Kukulski introduced the first action item explaining that Andy Epple would make the staff
presentation and reminding the Commission that they discussed this item in fair detail a few
weeks ago. Staff wanted a clear vote from the Commission specifically either deciding to retain
the current zoning or direct the planning staff to rezone the property.
Andy Epple, Planning Director
Mr. Epple gave the staff presentation. He explained that if we leave the zone R-1 then staff is
prepared to proceed forward with a conditional use permit to establish the community center
usage.
The Mayor and Commissioners asked Mr. Epple numerous questions.
Public Comment
Mayor Jacobson opened public comment.
No person Commented.
Mayor Jacobson opened this item up for Motion, Discussion and Vote.
Motion to initiate a Zone Map Amendment for the Story Mansion property from R-1 to
PLI, per Section 18.70.010 Bozeman Municipal Code.
It was moved by Cr. Bryson, seconded by Cr. Rupp to initiate a Zone Map Amendment for
the Story Mansion property from R-1 to PLI, per Section 18.70.010 Bozeman Municipal
Code.
Vote on the Motion to initiate a Zone Map Amendment for the Story Mansion property
from R-1 to PLI, per Section 18.70.010 Bozeman Municipal Code.
Those voting Aye being None.
Those voting No being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson.
The motion failed 0-5.
Motion to retain the current zoning and to make a note that any conditional uses would
come before the City Commission as the hearing body.
It was moved by Cr. Krauss, seconded by Cr. Bryson to retain the current zoning and to
make a note that any conditional uses would come before the City Commission as the
hearing body.
Vote on the Motion to retain the current zoning and to make a note that any conditional
uses would come before the City Commission as the hearing body.
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Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being None.
The motion passed 5-0.
Motion to authorize staff to begin the process on a conditional use permit for a community
use center.
It was moved by Cr. Rupp, seconded by Cr. Becker to authorize staff to begin the process
on a conditional use permit for a community use center.
Cr. Krauss
Cr. Krauss stated that he cannot vote yes on this motion, because he feels unclear as to what he is
voting for. He would like an applicant to come forward with this.
Discussion ensued regarding the intended use of the community center.
Vote on the motion to authorize staff to begin the process on a conditional use permit for a
community use center.
Those voting Aye being Crs. Rupp, Becker, and Mayor Jacobson.
Those voting No being Crs. Krauss and Bryson.
The motion passed 3-2.
2. Appointment to the Transportation Coordinating Committee (Kissel)
Motion to appoint Dan Martin to the Transportation Coordinating Committee.
It was moved by Cr. Krauss, seconded by Cr. Bryson to appoint Dan Martin to the
Transportation Coordinating Committee.
Vote on the Motion to appoint Dan Martin to the Transportation Coordinating Committee.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being None.
The motion carried 5-0.
I. FYI/Discussion
1. Ordinance No. 1750, Revising Section 13.12.322 Protective Devices, and Adding
Chapter 13.14, Control of Backflow and Cross-Connections of the Bozeman
Municipal Code
Debbie Arkell, Public Works Safety Director
Ms. Arkell explained that Ordinance No. 1750 will be brought before the Commissioners for the
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public hearing next week and she provided information about this item to them now so they
would have additional time to review the information.
2. Reminder of Joint City-County Meeting at 7 a.m. and Joint City-Town/County
Meeting at Noon on Friday, February 27, 2009 (Kukulski)
Mr. Kukulski
Mr. Kukulski reminded the Commission of several joint meetings. The first being a 7 a.m.
meeting on Friday with Gallatin County to discuss the law and justice center and the second
meeting on noon on Friday, February 27, 2009.
3. House Bill 531
Mr. Kukulski
Mr. Kukulski informed everyone that House Bill 531 passed first reading in the State House
today 66 to 34 vote. If passed, this bill would affectively eliminate our red-light camera
program. Mr. Kukulski asked for the Commissioners help in attempting to defeat this bill.
Cr. Krauss spoke in opposition to 531.
Mayor Jacobson
Mayor Jacobson asked for information as soon as possible regarding when the Senate hearing on
Bill 531 would take place.
Cr. Becker
Cr. Becker stated that even though he voted against the red light camera program, he does
support local authority regarding public safety issues and supports the rejection of this bill.
Cr. Rupp
Cr. Rupp asked for the vote total for House Bill 531 to be forwarded to him.
4. Budget Calendar
Mr. Kukulski
Mr. Kukulski spoke regarding the upcoming tentative budget calendar and asked for input from
the Mayor and Commissioners on whether they want any presentations moved around so they
can attend.
Cr. Bryson
Cr. Bryson stated that he doesn’t necessarily need to hear legal and police on March 9, but would
like to hear planning and building inspections.
Cr. Rupp
Cr. Rupp agreed with Cr. Bryson about wanting to see planning and building inspections
presentations.
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Mr. Kukulski
Mr. Kukulski clarified that two would like to see planning and building moved to Monday
evening the 9th. Another thought would be to have some of the presentations on another week
night that week.
Cr. Becker
Cr. Becker also confirmed that he would like to see the planning and building inspection
presentations.
Mr. Kukulski
Mr. Kukulski asked the Commissioners if any of the presentations could be moved off of the 9th
to make time for planning and building inspections.
Cr. Becker
Cr. Becker stated that he thought legal, cemetery and recreation could be moved from the
Monday the 9th schedule.
Cr. Krauss
Cr. Krauss agreed that legal could be taken off since the new attorney will not be onboard yet.
Mr. Kukulski
Mr. Kukulski asked if legal and court could be taken off.
Cr. Bryson
Cr. Bryson would not be amenable to taking the courts off the list, but agreed that legal could be
taken off.
Mr. Kukulski
Mr. Kukulski confirmed with the commissioners that they would like planning, building
inspection and engineering moved to March 9th and want legal removed from March 9th.
Cr. Rupp
Cr. Rupp stated that he felt city staff should have 10 minutes to make presentations with an
additional 20-25 minutes for questions, totaling 30 minutes per department presentation.
Cr. Krauss
Cr. Krauss agreed with Cr. Rupp’s time assessment.
Mayor Jacobson
Mayor Jacobson stated that 10 minutes did not seem like a very long time for the departments to
make their presentations.
Mr. Kukulski
Mr. Kukulski said he would make the recommended changes to the budget calendar.
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5. Boy Scout Troop 675
Mayor Jacobson
Mayor Jacobson said that a Boy Scout Troop was in attendance and asked them to come forward
and introduce themselves.
Hunter Hamling
James Taylor
Sam Hamling
Damon Clark
Theo Bennett
Logan Hamling
Devon Clark
Nelson Brown
Colter Mannon
Luke Clark
Jeff Hamling, Scout Master for 675
Responding to a question from Cr. Krauss Mr. Hamling indicated that the boys were working on
their communication and Citizenship in the Community Badges tonight.
6. Climate Action
Mr. Kukulski
This month’s National Geographic has an article regarding climate action and how it starts at
home. Mr. Kukulski pointed out that the Bozeman’s Climate Action plan is consistent with the
article as well as the work that Brit Fontenot and Natalie Meyer have been doing establishing the
conservation clubs.
J. Adjournment
Mayor Jacobson adjourned at 7:34 p.m.
________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
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PREPARED BY:
______________________________________
Aimee Kissel, Deputy City Clerk
Approved on ___________________________.
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