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HomeMy WebLinkAboutJune 15, 2009 Minutes LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 15, 2009 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, June 15, 2009. Present were Deputy Mayor Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, and Cr. Jeff Rupp, City Manager Chris Kukulski, Finance Director Anna Rosenberry, Planning Director Andy Epple, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. 0:04:59 A. Call to Order – 6 p.m. – City Commission Room, City Hall, 121 North Rouse Deputy Mayor Krauss called the meeting to order at 6 p.m. 0:05:03 B. Pledge of Allegiance and a Moment of Silence 0:05:53 C. Changes to the Agenda Deputy Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. 0:05:59 Chris Kukulski, City Manager Mr. Kukulski stated that there is a name change on one of the items on the Consent Agenda. 0:06:11 Stacy Ulmen, City Clerk Ms. Ulmen stated that she was contacted by the Liquor License Clerk who said that there has been a name change to Consent Item No. 8. The name of the applicant is now “Chances” instead of “Tabs”. 0:06:58 D. Public Service Announcement – Fireworks Ordinance (McLane) 0:07:01 Rich McLane, Police Lieutenant Lt. McLane gave a power point presentation regarding the City's Fireworks Ordinance. 0:10:33 E. Authorize Absence of Mayor Jacobson 0:10:38 Motion and Vote to authorize the Absence of Mayor Jacobson. It was moved by Cr. Rupp, seconded by Cr. Becker to authorize the Absence of Mayor Jacobson. 11 Minutes of the Bozeman City Commission, Monday, June 15, 2009 2 Those voting Aye being Crs. Rupp, Becker, Bryson, and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:10:55 F. Minutes – April 27, 2009 0:10:59 Motion and Vote to approve the Minutes of April 27, (2009 as submitted). It was moved by Cr. Becker, seconded by Cr. Bryson to approve the Minutes of April 27, (2009 as submitted). Those voting Aye being Crs. Becker, Bryson, Rupp and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:11:14 G. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to Sign a Professional Services Agreement with the Firm of Great West Engineering for the Sourdough Dam Project (Heaston) 3. Authorize City Manager to Sign the Promissory Note, Loan Agreement, and Draw Certificate No. 1 with the Board of Investments of the State of Montana (INTERCAP LOAN), for financing the construction of Fire Station #3 (Rosenberry) 4. Authorize City Manager to sign USDA Site Plan No. Z-08284, City of Bozeman Irrevocable Offer of Dedication (Krueger) 5. Approve Resolution No. 4174, a Resolution of Intent stating the Commission's Intent to consider Adoption of Growth Policy Amendment and Setting a Hearing Date (Saunders) 6. Approve Resolution No. 4175, Authorizing Participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender Option Municipal Finance Consolidation Act Bonds (INTERCAP REVOLVING PROGRAM), Approving the Form and Terms of the Loan Agreement and Authorizing the Execution and Delivery of Documents Related Thereto (Rosenberry) 7. Approve Awarding the 2009 Street Improvements Contract to Knife River, and Authorize the City Manager to sign the Notice of Award (Kerr) 8. Approve Liquor License for Tabs to sell Liquor at the Old Hatchery, 2711 West College Street (Neibauer) 9. Approve Kid's Day of Bozeman Mayoral Proclamation (Kissel) 10. Finally Adopt Ordinance No. 1762, Modification to 10.44.030, Skateboards in City Parking Garage and Lots (McLane) 12 Minutes of the Bozeman City Commission, Monday, June 15, 2009 3 0:11:16 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:11:30 Motion and Vote to approve Consent Items G. 1-4 and 6-10. It was moved by Cr. Bryson, seconded by Cr. Rupp to approving Consent Items G. 1-4 and 6-10. Those voting Aye being Crs. Bryson, Rupp, Becker and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:11:56 Motion and Vote to approve Consent Item G. 5. It was moved by Cr. Rupp, seconded by Cr. Becker to approve Consent Item G. 5. Those voting Aye being Crs. Becker, Bryson, and Deputy Mayor Krauss. Those voting No being Cr. Rupp. The motion passed 3-1. 0:12:21 H. Public Comment Deputy Mayor Krauss opened public comment. 0:12:55 Brian Leland, Public Comment Mr. Leland of 528 North Bozeman stated that he is lodging a protest regarding a street closure request that was overturned at the June 8, 2009 City Commission Meeting. He feels that this is a violation of the open meeting law. He feels the item was not on a properly noticed agenda. 0:16:46 Public Comment closed Deputy Mayor Krauss closed public comment. 0:16:49 I. Action Items 0:16:51 1. Resolution No. 4172, a Resolution of Intent to Create the Bozeman Tourism Business Improvement District (TBID) (Sullivan/Bozeman Convention & Visitors Bureau) 0:17:17 Greg Sullivan, City Attorney Mr. Sullivan gave the Staff presentation regarding a Resolution of Intent to Create the Bozeman Tourism Business Improvement District (TBID). He stated that the boundaries are non- contiguous and that this is an assessment on the hotels and lodging facilities. There are 28 13 Minutes of the Bozeman City Commission, Monday, June 15, 2009 4 facilities in the City limits and new facilities will automatically be subject to the assessments. The assessment is proposed to be $1.00 per room-per night. 0:23:23 Deputy Mayor Krauss Deputy Mayor Krauss asked who would collect the money. 0:23:28 Mr. Sullivan Mr. Sullivan stated that the money will be collected by the City of Bozeman. 0:23:31 Deputy Mayor Krauss Deputy Mayor Krauss asked who hold the money. 0:23:33 Mr. Sullivan Mr. Sullivan stated that the money will be held by the City of Bozeman. 0:23:34 Deputy Mayor Krauss Deputy Mayor Krauss asked who has the final say over how the money is spent. 0:23:37 Mr. Sullivan Mr. Sullivan stated that a Work Plan and Budget will be approved by the City Commission. 0:23:53 Cr. Rupp Cr. Rupp spoke regarding bonding. 0:24:11 Anna Rosenberry, Finance Director Ms. Rosenberry stated that bonding will need to be looked into. 0:24:43 Cindy Andrus, on behalf of the Bozeman Convention and Visitors Bureau and the Chamber of Commerce Ms. Andrus thanked staff for their help. She spoke regarding the TBID and that it is to collect $1 per room night from properties of 10 rooms or more. The funds will be used to promote Bozeman in a variety of ways. A budget and a work plan will be approved by the Commission before any money is spent. TBID's can be found all around the country. She spoke regarding the need for the TBID. 0:32:11 Public Comment Deputy Mayor Krauss opened public comment. 0:32:32 Wendy Renner, Public Comment Ms. Renner of 1011 Brookdale Drive stated that she is the Board Chair person for the Chamber. She spoke on behalf of the Chamber and stated that they support the TBID. 14 Minutes of the Bozeman City Commission, Monday, June 15, 2009 5 0:33:16 Melanie Stocks, Public Comment Ms. Stocks of 960 Damarell stated that she is representing the Gallatin Valley Tournament Committee. This Committee supports the TBID. 0:34:16 Tim Coleman, Public Comment Mr. Coleman of 2920 Tumbleweed stated that he manages Holiday in Bozeman. They support the TBID. 0:35:49 Owner of Ranchhouse Motel and TLC Inn, Public Comment The owner of the Ranchhouse Motel on 1201 East Main and the TLC Inn 805 Wheat Drive stated that he likes the idea of the TBID but not this formation of a TBID. He stated that this does not treat everyone equally. He suggested a sliding scale option. This was done in Billings. 0:38:08 Carl Solvie, Public Comment Mr. Solvie of 1901 South Tracy stated that he is the managing partner for the Best Western Gran Tree Inn. He feels that this is a wonderful opportunity. 0:39:26 Larry Lambert, Public Comment Mr. Lambert stated that he is the managing partner of the Super 8 on Wheat Drive. He spoke in support of the TBID. 0:41:15 David Smith, Public Comment Mr. Smith stated that he is the President of the Chamber. He spoke regarding bonding. He encouraged the Commission to pass the TBID. 0:44:32 Annita Dobrenski, Public Comment Ms. Dobrenski stated that she is the general manager of the Days Inn. She spoke in favor of the TBID. 0:45:15 Public Comment Closed Deputy Mayor Krauss closed public comment. 0:45:26 Motion to adopt Resolution No. 4172. It was moved by Cr. Rupp, seconded by Cr. Becker to adopt Resolution No. 4172. 0:47:09 Vote on the Motion to adopt Resolution No. 4172. Those voting Aye being Crs. Rupp, Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 15 Minutes of the Bozeman City Commission, Monday, June 15, 2009 6 0:47:23 2. CHB Properties Minor Subdivision Preliminary Plat Application #P-09001, (Public Hearing) (Skelton) 0:47:48 Andy Epple, Director of Planning Mr. Epple gave the staff presentation regarding the CHB Properties Minor Subdivision Preliminary Plat application #P-09001. 0:51:14 Deputy Mayor Krauss Deputy Mayor Krauss asked if this property is located in the entry way corridor. 0:51:19 Mr. Epple Mr. Epple stated that a portion of the property is located in the entry way corridor. 0:51:40 Dennis Foreman, Gaston Engineering Mr. Forman stated that he is representing the applicant and is ok with all of the conditions. He spoke regarding the upgrading of the lift station. 0:52:13 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:52:29 Motion to conditionally approve the CHB Properties Minor Subdivision Preliminary Plat Application for a two-lot minor subdivision as recommended in Planning Board Resolution #P-09001. It was moved by Cr. Becker, seconded by Cr. Bryson to conditionally approve the CHB Properties Minor Subdivision Preliminary Plat Application for a two-lot minor subdivision as recommended in Planning Board Resolution #P-09001. 0:53:33 Vote on the Motion to conditionally approve the CHB Properties Minor Subdivision Preliminary Plat Application for a two-lot minor subdivision as recommended in Planning Board Resolution #P-09001. Those voting Aye being Crs. Becker, Bryson, Rupp, and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 16 Minutes of the Bozeman City Commission, Monday, June 15, 2009 7 0:53:41 3. Mountain Pine Beetle (Stover) 0:53:55 Ryon Stover, Forestry Foreman Mr. Stover explained to the Commission what the City has done to mitigate the Pine Beetle breakout. The City has removed 80 trees so far. He explained what trees the beetles are attacking and added that private owners have been proactive in eliminating infected trees on their properties 0:54:44 Cr. Rupp Cr. Rupp spoke regarding finding infected trees. He asked how this was done. 0:55:03 Mr. Stover Mr. Stover stated that the City does not have an inventory of private trees, just the City trees. 0:55:29 Cr. Rupp Cr. Rupp asked about letters being sent to private property owners. 0:55:38 Mr. Stover Mr. Stover stated that he does have a letter template, but has not had to mail it to anyone yet. 0:55:55 Cr. Rupp Cr. Rupp wondered if the City is investigating a program for the chemical treatment, somewhat like the toilet rebate program. 0:56:21 Mr. Stover Mr. Stover stated that the City has not done this. 0:59:17 Cr. Bryson Cr. Bryson asked about the lifecycle of the pine beetles. 0:59:40 Mr. Stover Mr. Stover stated that there is 1 generation per year in Montana. They only attack 4 inch or larger trees. 1:03:47 Mr. Stover Mr. Stover stated that the application of pheromones will take place on the City trees. Discussion took place regarding the forest around the City. Mr. Stover stated that the application of the chemicals cannot be sprayed, but has to be brushed on the trunk of the tree. 1:04:22 Mr. Stover Mr. Stover spoke regarding the types of trees that are being attacked. 17 Minutes of the Bozeman City Commission, Monday, June 15, 2009 8 1:05:06 4. Presentation of the City Manager's Recommended Budget for Fiscal Year 2009-2010 (FY10) (Rosenberry) 1:05:17 Mr. Kukulski Mr. Kukulski stated that the budget process went differently this year because all of the employees were engaged in this year's budget. The economy was discussed. He spoke regarding impact fees and the significant changes. He spoke regarding the proposed growth rate, mill levies, water plant construction, and stimulus funding. 1:12:15 Anna Rosenberry, Finance Director Ms. Rosenberry spoke regarding the House Bill 645 allocation. Ms. Rosenberry stated that a "Laundry list" of projects was submitted to the House Appropriations Committee. These were the items on the Resolution that was adopted by the Commission for Stimulus funding. Originally the items were generalized in the bill but recently she was told that the original list is what the money can be spent on. She is working on clarifying this. 1:14:18 Cr. Bryson Cr. Bryson spoke regarding the House Bill 645 allocation. The original bill did not have these items listed. Is there a time frame on the expenditures? 1:15:25 Cr. Rupp Cr. Rupp asked if the City is being provided with guidelines for spending stimulus dollars such as preferences to local contractors. 1:16:15 Ms. Rosenberry Ms. Rosenberry stated that she does not have a lot of details. 1:18:02 Cr. Rupp Cr. Rupp asked what kind of leadership the City is doing in implementing a philosophy to create jobs and solicit proposals locally. 1:18:34 Ms. Rosenberry Ms. Rosenberry spoke regarding local award requirements and that her understanding that this is not allowed. 1:20:18 Greg Sullivan, City Attorney Mr. Sullivan spoke regarding preferences when awarding bids. 1:22:33 Mr. Kukulski Mr. Kukulski spoke regarding the operations and capital budget and the Capital Improvement Plan. He spoke regarding working capital, Public Safety mills, the water fund, and staffing levels. 18 Minutes of the Bozeman City Commission, Monday, June 15, 2009 9 1:27:04 Ms. Rosenberry Ms. Rosenberry spoke regarding benefits. 1:27:31 Mr. Kukulski Mr. Kukulski spoke regarding the additional levy officers. 1:30:02 Cr. Bryson Cr. Bryson wants to know what the goal is at the end of FY2010, to have new officers patrolling our streets. 1:30:26 Lieutenant Rich McLane Lt. McLane stated that there will be an additional 5. 1:31:34 Mr. Kukulski Mr. Kukulski stated that they are budgeting to fill all of the vacancies in the Police Department. 1:32:17 Cr. Bryson Cr. Bryson stated that we need to have a goal administratively to get 9 people hired and trained and on the street at the end of fiscal year of 2010. 1:33:08 Mr. Kukulski Mr. Kukulski spoke regarding the General Fund Revenues and Expenses. 1:34:28 Mr. Kukulski Mr. Kukulski spoke regarding the Unreserved Fund balance. 1:35:17 Ms. Rosenberry Ms. Rosenberry spoke regarding the Budget Administration Ordinance that was adopted as a result of the Charter. 1:37:37 Mr. Kukulski Mr. Kukulski spoke regarding the Reserve total. 1:38:14 Cr. Rupp Cr. Rupp spoke regarding the sale of the Old City Hall. 1:39:15 Mr. Kukulski Mr. Kukulski spoke regarding the General Fund Revenues. 1:42:46 Cr. Bryson Cr. Bryson spoke regarding the Prosecutor Grant. 1:43:07 Lt. McLane Lt. McLane stated that the Prosecutor Grant is for 2 years. 19 Minutes of the Bozeman City Commission, Monday, June 15, 2009 10 1:46:19 Mr. Sullivan Mr. Sullivan stated that the performance of this position is under supervision of the Attorney's Office. 1:49:40 Cr. Becker Cr. Becker spoke regarding the 1.1 Mill decrease. 1:50:21 Mr. Kukulski Mr. Kukulski spoke regarding the inflation rate. 1:51:13 Mr. Kukulski Mr. Kukulski spoke regarding the Street Maintenance Budget. Staff is recommending a 2 % increase in the assessment. 1:51:29 Deputy Mayor Krauss Deputy Mayor Krauss spoke regarding the 2% increase. It does not seem to help with meeting the curb repair. Has an analysis been done? 1:52:27 John Van Delinder, Street Superintendent Mr. Van Delinder stated that some of the gas tax is being used. 1:53:37 Mr. Kukulski Mr. Kukulski spoke regarding curb replacement. 1:55:24 Mr. Kukulski Mr. Kukulski stated that this more information can be brought back to the Commission regarding an analysis. 1:58:20 Mr. Kukulski Mr. Kukulski spoke regarding Forestry. 1:58:57 Mr. Kukulski Mr. Kukulski state that staff is recommending a 3.2% increase. 1:59:48 Ms. Rosenberry Ms. Rosenberry spoke regarding the Water Rate study. 2:00:55 Mr. Kukulski Mr. Kukulski spoke regarding the design of the plant. 2:01:45 Cr. Becker Cr. Becker spoke regarding the amount of rate payers. 20 Minutes of the Bozeman City Commission, Monday, June 15, 2009 11 2:02:19 Ms. Rosenberry Ms. Rosenberry spoke regarding the public services index. 2:02:57 Mr. Kukulski Mr. Kukulski spoke regarding the proposed 10.2% increase for wastewater. 2:04:50 Mr. Kukulski Mr. Kukulski spoke regarding the Solid Waste fund. 2:05:49 Mr. Kukulski Mr. Kukulski spoke regarding the Recycling program. 2:07:33 Mr. Kukulski Mr. Kukulski spoke regarding the Tax Levy Summary. 2:09:13 Mr. Kukulski Mr. Kukulski spoke regarding the Road to Home program, the Spay & Neuter Clinic and the Heart of the Valley Contract. 2:10:07 Mr. Kukulski Mr. Kukulski spoke regarding the changes since the preliminary budget was printed including the Crime Control Grant, a second Municipal Court Space, The Heart of the Valley Contract, the State MACI Program funding, NCAT Energy Audits and the Gas Tax allocation increase. 2:11:08 Ms. Rosenberry Ms. Rosenberry spoke regarding the State MACI Program funding. This funding is not available. Ms. Rosenberry also highlighted the NCAT Energy Audits. 2:12:30 Mr. Kukulski Mr. Kukulski spoke regarding the Gas Tax allocation increase. 2:13:11 Mr. Kukulski Mr. Kukulski spoke regarding the Building Department and the Parking budget. 2:14:26 Ms. Rosenberry Ms. Rosenberry spoke regarding parking enforcement. 2:15:22 Mr. Kukulski Mr. Kukulski urged the Commission to send their questions and comments on the Preliminary budget to him. 2:17:29 Cr. Becker Cr. Becker spoke regarding health insurance. 21 Minutes of the Bozeman City Commission, Monday, June 15, 2009 12 2:18:26 Deputy Mayor Krauss Deputy Mayor Krauss suggested breaking the budget into 3 meetings, such as public safety, the general fund, and the non-general fund. Cr. Krauss wants to start Commission meeting early instead of mid-day. 2:19:12 Cr. Rupp Cr. Rupp stated shorter blocks and more frequent budget discussions. 2:19:57 Ms. Rosenberry Ms. Rosenberry spoke regarding the CALA reimbursement. 2:21:52 Ms. Rosenberry Ms. Rosenberry spoke regarding the budget schedule. 2:26:47 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 2:27:10 5. Proposal to Modify Condition 16 of the Story Mansion Conditional Use Permit (Epple) 2:27:24 Andy Epple, City Planner Mr. Epple gave the presentation regarding Modifying Condition 16 of the Story Mansion Conditional Use Permit. 2:29:25 Public Comment Deputy Mayor Krauss opened public comment. 2:29:37 Val Shaffer, Public Comment Ms. Shaffer of 3150 Graff stated that she is representing the Friends of the Story Mansion who agree with the change. 2:30:25 Public Comment closed Deputy Mayor Krauss closed public comment. 2:30:30 Motion and Vote to approve amending Condition 16 of the Story Mansion Conditional Use Permit to read what is outlined in the staff memo. It was moved by Cr. Bryson, seconded by Cr. Rupp to approve amending Condition 16 of the Story Mansion Conditional Use Permit to read what is outlined in the staff memo. Those voting Aye being Crs. Bryson, Rupp, Becker and Deputy Mayor Krauss. 22 Minutes of the Bozeman City Commission, Monday, June 15, 2009 13 Those voting No being none. The motion passed 4-0. 2:31:00 6. Appointment to the Parking Commission (Kissel) 2:31:06 Motion and Vote to appoint Chris Naumann to the Parking Commission. It was moved by Cr. Rupp, seconded by Cr. Becker to appoint Chris Naumann to the Parking Commission. Those voting Aye being Crs. Rupp, Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:31:21 7. Appointments to the Community Alcohol Coalition (Kissel) 2:31:23 Motion and Vote to appoint Susanna Darr and Rick Gale to the Community Alcohol Coalition. It was moved by Cr. Becker, seconded by Cr. Bryson to appoint Susanna Darr and Rick Gale to their respected positions (on the Community Alcohol Coalition). Those voting Aye being Crs. Becker, Bryson, Rupp and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:31:41 8. Appointment to the Board of Ethics (Kissel) 2:31:58 Motion and Vote to approve the appointment of Melissa Frost to the Board of Ethics. It was moved by Cr. Bryson, seconded by Cr. Rupp to approve the appointment of Melissa Frost to the Board of Ethics. Those voting Aye being Crs. Bryson, Rupp, Becker and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:32:14 10. Re-appointment to the Police Commission (Kissel) 2:32:16 Motion and Vote to appoint Jim Drummond to the Police Commission. 23 Minutes of the Bozeman City Commission, Monday, June 15, 2009 14 It was moved by Cr. Rupp, seconded by Cr. Becker to appoint Jim Drummond to the Police Commission. Those voting Aye being Crs. Rupp, Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:32:40 9. Re-appointment to the Downtown Business Improvement District Board (BID) (Kissel) 2:32:45 Motion and Vote to appoint Ileana Indreland. It was moved by Cr. Rupp, seconded by Cr. Bryson to appoint Ileana Indreland. Those voting Aye being Crs. Rupp, Bryson, Becker and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:33:06 J. FYI/Discussion 2:33:15 1. Northwestern Energy Press Conference Mr. Kukulski spoke regarding the Northwestern Energy Press Conference. The $50,000 for the loan fund was received today. 2:34:37 2. Dinosaur Project Mr. Kukulski spoke regarding the Dinosaur Park Project. 2:35:30 3. No Joint City-County Meeting on Friday, June 19th at 7 a.m. Ms. Ulmen stated that the June 19th Joint City-County Meeting is cancelled. 2:35:47 4. Ethics Training Ms. Ulmen reminded the Commission that the second Ethics training will take place this Wednesday from 6-8 p.m. 2:36:00 5. June 26th Joint City-Town/County Meeting, Manhattan, Sir Scotts Oasis Ms. Ulmen reminded the Commission of the June 26th Joint City-Town/County Meeting, Manhattan, Sir Scotts Oasis. 2:36:42 6. Summer Schedules Cr. Becker stated that he will be gone on August 24th and the first Monday in September. 24 Minutes of the Bozeman City Commission, Monday, June 15, 2009 15 2:37:17 7. Household on the Corner of Grant and Grand Cr. Rupp stated that there is a household on the Corner of Grant and Grand that is packaging garbage and leaving it under trees. This will be looked into. 2:39:28 K. Adjournment Deputy Mayor Krauss adjourned the meeting at 8:38 p.m. ________________________________ Jeff Krauss, Deputy Mayor ATTEST: _____________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: _____________________________________ Stacy Ulmen, CMC, City Clerk Approved on __________________________. 25