HomeMy WebLinkAboutMarch 2, 2009 MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 2, 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, March 2, 2009. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr.
Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Kukulski, Finance Director
Anna Rosenberry, Planning Director Andy Epple, Interim City Attorney Bob Planalp, and City
Clerk Stacy Ulmen.
0:07:17 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.
0:07:20 B. Pledge of Allegiance and a Moment of Silence
0:08:04 Changes to the agenda Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:08:09 Chris Kukulski, City Manager
Mr. Kukulski stated that there were no changes to the agenda.
0:08:13 C. Public Service Announcement – 2008 Annual Report from the Department of
Planning & Community Development and Bozeman Planning Board (Epple)
0:08:19 Andy Epple, Director of Planning
Mr. Epple presented the Public Service Announcement regarding the 2008 Annual Report from the Department of Planning & Community Development and Bozeman Planning Board. This is
an annual report that concluded December of 2008.
0:15:15 D. Minutes – February 2, 2009 and February 5, 2009 Policy Meeting
0:15:26 Motion and Vote
to approve the February 2, and the February 5, (2009) minutes.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the February 2, and the
February 5, (2009) minutes.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson, and Mayor Jacobson. Those voting No being none.
The motion passed 5-0.
0:15:45 E. Consent
1. Authorize Payment of Claims (LaMeres)
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2. Authorize Payment of $7,472.72 for the Buttrey's Solvent Site Cost Recovery
(Cooper)
3. Approve the Baxter Meadows Subdivision Phase 3B, One Year Extension of
Preliminary Plat Approval #P-05065 (Skelton) 4. Award bid for Fire Department Self Contained Breathing Apparatus replacement
to DXP Enterprises (Shrauger)
5. Award bid for one 2009 Structural Firefighting Apparatus to Sutphen Corporation
(Shrauger)
0:15:51 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:16:05 Motion and Vote to approve Consent Items 1-5.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve Consent Items 1-5.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson. Those voting No being none. The motion passed 5-0.
0:16:21 F. Public Comment
Mayor Jacobson opened public comment.
0:16:43 Chris Wilcox, Public Comment
Mr. Wilcox of 1120 Willson spoke regarding the filing date for the City Commission positions
and issues the Commission is facing.
0:19:47 Randal Dugan, Public Comment
Mr. Dugan spoke regarding civil rights.
0:21:09 Public Comment closed
Mayor Jacobson closed public comment.
0:21:20 G. Special Presentation – Bogert Park Neighborhood Association Introduction
(Dave Crawford, BPNA President)
0:21:32 Dave Crawford, President-Bogert Park Neighborhood Association Mr. Crawford introduced the Bogert Park Neighborhood Association. He spoke regarding the
Association's bylaws. He thanked Neighborhood Coordinator Brit Fontenot. He spoke
regarding the Master Plan of Bogert Park.
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0:27:25 H. Action Items
0:27:30 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 (Alston) Mr. Kukulski introduced the first agenda item.
0:28:04 John Alston, Water & Sewer Operations Superintendent
Mr. Alston presented the staff report regarding 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. Mr. Alston spoke regarding the need for backflow preventers.
0:37:37 Cr. Krauss
Cr. Krauss stated that he is concerned about the expense.
0:38:30 Mr. Alston
Mr. Alston spoke regarding the costs regarding the back flow preventers.
0:41:18 Mr. Alston Mr. Alston spoke regarding a 100 day compliance time frame for installation.
0:49:00 Dewey Sorensen, Cross Connection Specialist
Mr. Sorenson spoke regarding the process for the testing of backflow preventers. Mr. Sorensen
stated that the 100 day notice is a general accepted industry standard.
0:52:39 Cr. Becker
Cr. Becker spoke regarding the costs associated with installing an alarm system to tell when the
system gets de-pressurized.
0:55:00 Mr. Alston
Mr. Alston spoke regarding pressure zones.
1:09:30 Public Comment
Mayor Jacobson opened public comment.
1:09:40 Chris Wilcox, Public Comment
Mr. Wilcox of 1120 Willson spoke regarding the City's water.
1:11:12 Public Comment closed Mayor Jacobson closed public comment.
1:11:22 Cr. Krauss
Cr. Krauss asked about the amendments to the design standards and retrofitting. He doesn't
remember a discussion about this.
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1:11:52 Ms. Arkell
Ms. Arkell stated that the design standards were amended. We have been requiring these devices
since 1992, but not the testing.
1:13:02 Cr. Krauss
Cr. Krauss spoke regarding the costs of the inspections and the "100" day letter. He is not sure if
the average house is the cause of the problem. He thinks we should negotiate with people to get a
price for inspections and back flow preventers and try to mitigate the $200 cost. He is voting no
on the way it sits now.
1:18:03 Cr. Rupp
Cr. Rupp stated that if the risk is not the residential, maybe we should give more time.
1:19:00 Cr. Krauss Cr. Krauss stated that staff needs to work an education campaign, work on timing, and work on
how to get the costs down.
1:20:32 Cr. Becker
Cr. Becker stated that in his opinion, there are significant impacts of this. He would like this sent back to staff to look at the municipal backflow protection systems and see what the potential is
and what we can do as a local government, look at the net costs of this because the cost is
significant. If nothing can be done, he would like to see the scheduling be expanded to a year,
allow payments on water bills, education program, and enter into some type of contract with
installers for bulk discounts.
1:24:20 Mayor Jacobson
Mayor Jacobson spoke regarding the inspection fees and the older homes.
1:24:55 Mayor Jacobson Mayor Jacobson feels staff has already done the research. We should not redesign what our
professionals have already done. She is in favor of moving ahead.
1:26:33 Cr. Bryson
Cr. Bryson stated that he wants the City to look into internalizing some of the inspections. He supports cost sharing. He would like to see a revised approach.
1:29:09 Cr. Rupp
Cr. Rupp stated that the public education should target the older neighborhoods.
1:30:39 Cr. Krauss
Cr. Krauss spoke regarding the 15 year plan. We need further investigation.
1:32:46 Motion to continue Ordinance No. 1750, Revising Section 13.12.322 Protective
Devices to the first Meeting in May.
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It was moved by Cr. Bryson, seconded by Cr. Rupp to continue Ordinance No. 1750, Revising Section 13.12.322 Protective Devices to the first Meeting in May.
1:34:33 Vote on the Motion to continue Ordinance No. 1750, Revising Section 13.12.322 Protective Devices to the first Meeting in May.
Those voting Aye being Crs. Bryson, Rupp, and Becker.
Those voting No being Cr. Krauss, and Mayor Jacobson.
The motion passed 3-2. 1:35:03 Break
1:50:37 2. Resolution No. 4151 and Findings of Fact for Story Mansion Parkland
Declaration (Epple) 1:50:44 Andy Epple, Director of Planning
Mr. Epple presented the staff presentation regarding Resolution No. 4151 and Findings of Fact
for Story Mansion Parkland Declaration. Staff is recommending approval.
1:57:53 Public Comment
Mayor Jacobson opened public comment.
1:58:03 Chris Wilcox, Public Comment
Mr. Wilcox of 1120 Willson stated that the City should sell the Story Mansion.
1:59:00 Mayor Jacobson
Mayor Jacobson called Mr. Wilcox out of order.
1:59:29 Public Comment closed Mayor Jacobson closed public comment.
2:09:22 Cr. Becker
Cr. Becker stated that he would be in favor of pulling the building out of the grounds.
2:09:58 Motion and Vote to continue (to another date) adopting the Findings of Fact
declaring the Story Mansion lots as parkland.
It was moved by Cr. Rupp, seconded by Cr. Becker to continue (to another date) adopting
the Findings of Fact declaring the Story Mansion lots as parkland. Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson, and Mayor Jacobson. Those voting No being none.
The motion passed 5-0.
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2:11:19 Motion to direct staff (moved by Cr. Rupp, seconded by Cr. Becker as long as he
can see a map with the lines drawn on it) to bring back to us the resolution (including the
findings) along with the subdivision of property as you have heard here discussed between
the two uses (structures and green space) discussed tonight.
It was moved by Cr. Rupp, seconded by Cr. Becker (as long as he can see a map with the lines drawn on it) to direct staff to bring back to us the resolution (including the findings)
along with the subdivision of property as you have heard here discussed between the two
uses (structures and green space) discussed tonight. 2:12:01 Cr. Krauss
Cr. Krauss stated that he would like to see a 4 sided property that includes the carriage house, a
portion of the parking lot and the improvements referred to in the motion so they can operate
independently. 2:12:54 Cr. Becker
Cr. Becker stated that he prefers 3 lots with a square around the Mansion, a square around the
Carriage House and an L around the grounds.
2:14:52 Cr. Bryson
Cr. Bryson stated that he is concerned of multiple uses on the lot. He is concerned about
devaluing the property.
2:16:21 Cr. Rupp Cr. Rupp spoke regarding the future of the property. This is an attempt to have the property
remain parkland.
2:19:05 Mayor Jacobson
Mayor Jacobson stated that anything can be undone in the future. The grounds were always meant as a park. This is just an issue of separating the parkland from the physical facilities.
2:21:47 Mayor Jacobson
Mayor Jacobson asked the City Clerk to repeat the motion.
2:21:49 Ms. Ulmen
Ms. Ulmen read back the motion.
2:22:41 Vote on the Motion to direct staff to bring back to us the resolution (including the
findings) along with the subdivision of property as you have heard here discussed between the two uses (structures and green space) discussed tonight.
Those voting Aye being Crs. Rupp, Becker, Krauss, and Mayor Jacobson.
Those voting No being Cr. Bryson.
The motion passed 4-1.
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2:23:02 3. Building Inspection Fees Discussion (Risk)
Mr. Kukulski introduced the third action item.
2:25:11 Bob Risk, Chief Building Official Mr. Risk presented a staff presentation on Building Inspection Fees. Staff is looking for
direction. Mr. Risk stated that building is approaching the reserves. Staff has been cut by 5. Mr.
Risk spoke regarding the fee tables.
2:48:57 Mr. Risk Mr. Risk spoke regarding the operating budget for the Department.
2:55:11 Mr. Kukulski
Mr. Kukulski spoke regarding staffing levels within the department.
2:58:22 Cr. Bryson
Cr. Bryson stated that he does not see the revenue generating ability returning in the near future.
2:59:37 Cr. Rupp
Cr. Rupp stated that it is about paying for activities. We have to realize that we are looking at something that we haven't seen for a long time.
3:01:58 Mr. Risk
Mr. Risk spoke regarding the proposed increases.
3:02:51 Cr. Rupp
Cr. Rupp spoke regarding re-roofs.
3:03:36 Mr. Risk
Mr. Risk spoke regarding the inspections on re-roofs.
3:05:34 Cr. Becker
Cr. Becker spoke regarding the state reserve fund limits.
3:17:11 Public Comment Mayor Jacobson opened public comment.
3:17:24 Pete and Eileen McGovern, Public Comment
Mr. McGovern of 801 Turnberry Court spoke regarding structural defects in their home.
3:20:25 Eric Roset, Public Comment
Mr. Roset of 4205 Benepe Street spoke regarding the building fees. He is the Chairman of the
Southwest Homebuilders. Bozeman has the overall highest fees in the state. He spoke regarding
the recent layoffs of inspectors.
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3:24:07 Public comment closed.
Public comment was closed.
3:26:57 Public hearing closed Mayor Jacobson closed the public hearing.
3:27:33 Cr. Krauss
Cr. Krauss stated that he wants a full report on what the code enforcement has been doing. He
feels code enforcement is part of inspection. We have the biggest fees in town. He spoke cutting impact fees in order to raise the building fees. He does not want to add an additional burden to
the building industry.
3:30:20 Mr. Kukulski
Mr. Kukulski spoke regarding the enforcement of codes and zoning.
3:32:05 Cr. Bryson
Cr. Bryson stated that he would like to see a report on the code enforcement. He does not support
increasing fees at this time. He is concerned about reaching the 50% threshold of reserves.
Continue with the administrative decisions that have been made and then come back to the Commission.
3:44:40 Cr. Rupp
Cr. Rupp stated that he is opposed to the increase.
3:54:38 Motion to direct staff that we do not support raising building division permit fees.
It was moved by Cr. Krauss, seconded by Cr. Bryson that we do not support raising
building division permit fees.
4:00:31 Mayor Jacobson Mayor Jacobson asked Ms. Ulmen to repeat the motion.
4:00:39 Stacy Ulmen, City Clerk
Ms. Ulmen repeated the motion on the floor. 4:01:02 Vote on the Motion to direct staff that we do not support raising building division
permit fees.
Those voting Aye being Crs. Krauss, Bryson, Rupp, and Becker. Those voting No being Mayor Jacobson. The motion passed 4-1.
4:03:46 Motion and Vote to suspend the Rules for 15 minutes.
It was moved by Cr. Krauss, seconded by Cr. Bryson to suspend the Rules for 15 minutes.
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Those voting Aye being Crs. Krauss, Bryson, and Rupp.
Those voting No being Cr. Becker and Mayor Jacobson.
The motion passed 3-2. 4:04:25 4. Appointments to the Bozeman Area Bicycle Advisory Board (Kissel)
4:05:04 Motion to appoint Rebecca Gleason and Joseph Szasz.
It was moved by Cr. Becker, seconded by Cr. Krauss to appoint Rebecca Gleason and Joseph Szasz.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson.
Those voting No being none. The motion passed 5-0.
4:05:20 I. FYI/Discussion
4:05:251. Great Falls case regarding escorting of person that was removed by a plain clothed police officer. Cr. Krauss spoke regarding a recent case where a person was removed by a plain clothed police
officer during public testimony. Discussion took place regarding dealing with public comments.
4:11:29 2. Transportation Coordinating Committee Cr. Krauss stated that the County has made many changes to the transportation plan. These will
be discussed at the Joint City-County Meeting on Friday, March 6, 2009 at 7 a.m.
4:12:41 3. Do not enter signage
Cr. Krauss spoke regarding signage on "pork chops".
4:14:04 4. Policy Session
Mr. Kukulski confirmed that a policy meeting will take place this week. Ms. Ulmen explained
that all materials are in the Commission’s packets for the meetings.
4:14:59 5. County CIP meeting and Policy session
Mr. Kukulski stated that the County CIP committee will be meeting to discuss and make a
recommendation on the site location for a police station.
4:17:20 6. Tax abatement request from Color World Printers Ms. Rosenberry stated that a tax abatement request was received from Color World Printers and
asked the Commission if they would like to see the letter ahead of time.
4:17:55 7. Ground breaking ceremony for Water Reclamation Facility
Karen Semerau, Executive Assistant reminded the Commission about the ground breaking ceremony for the Water Reclamation Facility this Friday from 2:30-3:30 p.m.
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4:18:32 J. Adjournment
Mayor Jacobson adjourned the meeting at 10:18 p.m.
________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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