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HomeMy WebLinkAboutJuly 20, 2009 Minutes LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 20, 2009 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, July 20, 2009. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Director of Finance Anna Rosenberry Planning Director Andy Epple, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. 0:11:55 A. Call to Order – 4 p.m. – 6 p.m. Commission Room, City Hall, 121 North Rouse Mayor Jacobson opened the Budget Discussion. 0:12:12 Chris Kukulski, City Manager Mr. Kukulski stated that back in June the Commission received the proposed budget. Tonight is focused on those things not in the General Fund. 0:13:22 Anna Rosenberry, Finance Director Ms. Rosenberry stated that we are at the time of the year where we begin noticing the rate increases and assessments. 0:14:26 Water Fund Ms. Rosenberry began with the Water Fund. The 5 year rate study has been updated. A Teamsters contract has not been finalized. There are updated Plant costs. Water sales are down. Sales are down 3%. They would like to bring forward a 2 year rate increase. 0:16:25 Wastewater Fund Ms. Rosenberry stated that there is a 10.2% increase proposed. She spoke regarding the grants. The stimulus money is not included in the grants. Staff is recommending a 2 year rate resolution. The State Revolving Fund emphasizes that they would like the City to adopt a 2 year rate resolution. 0:17:45 Solid Waste Fund Ms. Rosenberry stated that the increase proposed this year is 5% to be implemented on July 1st. She spoke regarding the County recycling sites. She is estimating a small decline of revenues for 2010 due to low demand of roll offs. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 2 of 19 0:18:54 Parking Fund Ms. Rosenberry stated that the budget is upside down. There is a deficit. She spoke regarding the Garage. There is a decline in parking permits. The Parking Committee has been diligent in finding solutions. 0:21:39 Street Maintenance Fund Ms. Rosenberry spoke regarding the Street Maintenance Fund. She spoke regarding the replacement of curbs. There is a recommended 2% increase. 0:23:38 Tree Maintenance Fund Ms. Rosenberry stated that there is not a recommended increase in this fund. 0:23:51 Planning Fund Ms. Rosenberry stated that the level of effort of the Work Force Housing Ordinance will need to be discussed. Ms. Rosenberry stated that there is surplus that was not expected. She spoke regarding planning fees and cost recovery. 0:25:57 Building Inspection Fund Ms. Rosenberry spoke regarding the Building Inspection Fund. This division has had a difficult time since the last 1/4ly report. There has been a significant cutting in this division. 0:27:16 Community Housing Fund Ms. Rosenberry stated that there is 1 mill for work force housing efforts in the proposed City Manager's budget along with $40, 000 for the Road to Home project. 0:27:58 Recovery Act Funds Ms. Rosenberry stated that there is a separate fund where stimulus money is being collected that is not related to a specific project. We need to determine what the money from House Bill 645 will be used for. 0:28:55 Mayor Jacobson Mayor Jacobson asked about the deadline related to spending the stimulus money. 0:29:01 Ms. Rosenberry Ms. Rosenberry stated that the deadline is September 2010. 0:29:32 Cr. Bryson Cr. Bryson spoke regarding the Solid Waste Fund. He asked about the subsidy for curb side recycling. 0:29:55 Ms. Rosenberry Ms. Rosenberry spoke regarding administration overhead with the program. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 3 of 19 0:30:58 Cr. Bryson Cr. Bryson stated that he would like to know before the final adoption of the budget what the actual percentages and costs of the subsidy for curb side recycling are. 0:33:21 Cr. Bryson Cr. Bryson spoke regarding making this program a self sustaining operation. 0:34:03 Cr. Krauss Cr. Krauss asked if there was a simple Profit and Loss statement for the enterprise funds. 0:34:18 Ms. Rosenberry Ms. Rosenberry stated not by division but by fund. 0:34:36 Ms. Rosenberry Ms. Rosenberry stated that this can be put together. 0:36:00 Mr. Kukulski Mr. Kukulski spoke regarding the Water Fund. 0:37:21 Cr. Rupp Cr. Rupp spoke regarding rate increases. 0:38:40 Cr. Rupp Cr. Rupp spoke regarding earmarking. 0:39:10 Cr. Becker Cr. Becker spoke regarding water storage. He wondered when this would be budgeted for. 0:39:26 Ms. Rosenberry Ms. Rosenberry spoke regarding the dam. This has been identified as an impact fee project. 0:40:53 Mr. Kukulski Mr. Kukulski spoke regarding the Wastewater Fund and the treatment plant. 0:41:39 Mayor Jacobson Mayor Jacobson asked if the project was eligible for the stimulus money. 0:41:53 Mr. Kukulski Mr. Kukulski stated that the treatment plant project was eligible. He spoke regarding the process of allocating the stimulus funds. 0:43:29 Mayor Jacobson Mayor Jacobson asked if the funds could be used for curbs. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 4 of 19 0:44:23 Ms. Rosenberry Ms. Rosenberry stated that curbs would qualify under HB 645. 0:45:04 Cr. Rupp Cr. Rupp spoke regarding the proposed rate increase. 0:45:24 Ms. Rosenberry Ms. Rosenberry stated that rate increases are not just earmarked for construction projects but are added to the fund as a whole. 0:46:48 Cr. Krauss Cr. Krauss spoke regarding the rate structure. 0:48:44 Cr. Krauss Cr. Krauss spoke regarding the possibility defaulting to the debt service. 0:53:39 Cr. Krauss Cr. Krauss spoke regarding the solid waste disposal budget. 0:55:27 Ms. Rosenberry Ms. Rosenberry spoke regarding the Parking Fund. This fund is for the districts. 0:56:14 Mr. Kukulski Mr. Kukulski spoke regarding the enforcement in these districts. The enforcement costs should come out of this budget. 1:00:17 Mr. Kukulski Mr. Kukulski explained where the parking districts were located. 1:01:21 Mr. Kukulski Mr. Kukulski stated that the parking enforcement positions are employees of the Police Department. 1:02:27 Mr. Kukulski Mr. Kukulski spoke regarding Street Maintenance. 1:02:40 Cr. Krauss Cr. Krauss spoke regarding the discharge into Bozeman Creek. 1:03:09 John Vandelinder, Street Superintendent Mr. Vandelinder stated that all of the discharge areas into the Bozeman Creek will be looked at. 1:03:43 Ms. Rosenberry Ms. Rosenberry stated that the monitoring costs and storm water efforts through the street assessment. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 5 of 19 1:04:00 Cr. Bryson Cr. Bryson spoke regarding curb repair and the possibility of deferring regular chip sealing projects and use the funding for curb repair. 1:04:31 Mr. Vandelinder Mr. Vandelinder stated that is possible but not recommended. 1:05:01 Mr. Vandelinder Mr. Vandelinder estimated at $400,000 is the cost for chip sealing a block. 1:06:26 Cr. Rupp Cr. Rupp spoke regarding the timing of street paving and curbing. He spoke regarding 8th Avenue. 1:07:57 Mr. Vandelinder Mr. Vandelinder spoke regarding prioritization of projects. 1:09:31 Cr. Krauss Cr. Krauss spoke regarding milling and overlaying alleys. 1:10:01 Mr. Vandelinder Mr. Vandelinder stated that they try to do a little each year. 1:10:19 Cr. Krauss Cr. Krauss spoke regarding CTEP. He asked about funding for the trail on the south side of College. He would like an update on this. 1:19:33 Mr. Kukulski Mr. Kukulski asked for clarification regarding possible adjustments to the rate structure. 1:20:45 Cr. Becker Cr. Becker spoke regarding a storm water utility. 1:21:42 Ms. Rosenberry Ms. Rosenberry stated that a storm water utility was discussed earlier in the spring but was not moved forward due to the state of the economy and the water and sewer rates. 1:23:01 Cr. Krauss Cr. Krauss spoke regarding a storm water district. 1:35:20 Mr. Kukulski Mr. Kukulski spoke regarding the Planning Fund. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 6 of 19 1:35:52 Mr. Kukulski Mr. Kukulski spoke regarding the surplus and suggested that these funds go into the general reserve. 1:37:22 Mayor Jacobson Mayor Jacobson asked if there was any input on the Building Inspection Fund. 1:38:15 Mayor Jacobson Mayor Jacobson asked if there were any comments regarding the Community Housing Fund and the Recovery Act. 1:38:47 Mayor Jacobson Mayor Jacobson asked that a list of possibilities be brought to the Commission regarding where the stimulus money should be used. 1:39:28 Cr. Bryson Cr. Bryson suggested that the funds should be used to help stimulate the economy. 1:41:58 Mayor Jacobson Mayor Jacobson declared a break. 1:42:01 Break 2:05:35 C. Call to Order – 4 p.m. – 6 p.m. Commission Room, City Hall, 121 North Rouse Mayor Jacobson called the Regular Meeting to order. 2:05:38 D. Pledge of Allegiance and a Moment of Silence 2:06:25 E. Changes to the Agenda 2:06:29 Ms. Rosenberry Ms. Rosenberry stated that there are no changes to the Agenda. 2:06:32 F. Public Service Announcement – STREET smART BOZEMAN Project (Lori Foster) 2:06:41 Lori Foster, Project Liaison for the Street smART Project. Ms. Foster presented a public service announcement on the STREET smART BOZEMAN Project. 2:08:06 G. Minutes – Executive Session Minutes from January 12, 2009 and January 26, 2009, and regular Meeting Minutes from May 26, 2009 and June 1, 2009 Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 7 of 19 2:08:23 Motion and Vote to approve (the Executive Session Minutes from January 12, 2009 and January 26, 2009, and regular Meeting Minutes from May 26, 2009 and June 1, 2009 as submitted). It was moved by Cr. Becker, seconded by Cr. Krauss to approve (the Executive Session Minutes from January 12, 2009 and January 26, 2009, and regular Meeting Minutes from May 26, 2009 and June 1, 2009 as submitted). Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:08:39 H. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign the Customer Agreement with NorthWestern Energy for reconstruction of the gas service supply main for the Swim Center in the amount of $4,761.00, Change Order No. 1 in the amount of $800.00 for modification of the exterior duct work insulation and approve changes to the Swim Center Air Handler Project Scope (Goehrung) 3. Authorize City Manager to sign the City of Bozeman's Specialty License Plate Application (Fontenot) 4. Approve Resolution No. 4192, Approving Alteration/Modification of Contract with Williams Brother Construction, LLC and Authorize City Manager to sign the Water Reclamation Facility Phase I Improvements Change Order No. 2 (Murray) 5. Approve Resolution No. 4193, Affirming Support and Partnership of the 2010 Census Promotional Efforts and approving the staff directives as listed in the Commission Memorandum (Thorpe) 6. Approve the Monthly Building Report for June 2009 (Risk) 7. Approve Wenzel-Smiley Annexation (Parcels at 2502 West Babcock Street) Application No. A-09001 (Saunders) 2:08:46 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 2:08:55 Motion and Vote to approve Consent Items H. 1-7. It was moved by Cr. Krauss, seconded by Cr. Bryson to approve Consent Items H. 1-7. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 8 of 19 2:09:09 I. Public Comment Mayor Jacobson opened Public Comment. 2:09:27 Lynne Hubert, Public Comment Ms. Hubert of 4240 South 3rd stated that she owns Buggy Bath Car Wash on East Main. She stated that she has put solar panels on her carwash. She spoke regarding her sign at her business and that she was told she needed to bring it into compliance. This is just too much expense. She is hoping that the sign compliance will be waived. 2:12:43 Public Comment closed Mayor Jacobson closed public comment. 2:12:48 J. Special Presentation – Downtown Bozeman Improvement District Board/Tax Increment Finance (IDB/TIF) Work Plan and Budget Presentation (Chris Naumann, Downtown Bozeman Partnership) 2:13:02 Chris Naumann, Executive Director of the Downtown Bozeman Partnership Mr. Naumann presented the Downtown Bozeman Improvement District Board/Tax Increment Finance Work Plan and Budget Presentation. He stated that a public hearing is scheduled for next Monday on this item. 2:16:231. Empire Building Materials Storage Building Site Plan, Variances and Certificate of Appropriateness Application No. #Z-09089 (Public Hearing) (Riley) 2:16:48 Doug Riley, Planning Associate Mr. Riley gave the staff presentation regarding the Empire Building Materials Storage Building Site Plan, Variances and Certificate of Appropriateness Application No. #Z-09089. This application is for an 8,000 sq ft building at Empire Building. Mr. Riley highlighted the variances. 2:27:04 Cr. Rupp Cr. Rupp asked about the age of the on-site septic system. 2:27:58 Cr. Krauss Cr. Krauss spoke regarding the Oak Street extension. 2:28:31 Bob Murray, City Engineering Mr. Murray stated that an extension to Oak Street would impact this. 2:30:03 Mr. Riley Mr. Riley stated that the date of installation of the septic system was June of 1978. 2:30:32 Brian Caldwell, Applicant Representative Mr. Caldwell stated that he is a member of the Planning Board but not representing the Board but is with Thinktank. Mr. Caldwell stated that some of the materials need protection from the wind Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 9 of 19 at Empire. He spoke regarding entry way corridor. He spoke regarding L Street and Pear Street. 2:40:58 Mr. Caldwell Mr. Caldwell highlighted each variance. 2:48:53 Public Comment Mayor Jacobson opened public comment. 2:49:32 Public Comment closed No person commented. Mayor Jacobson closed public comment. 2:49:58 Motion to approve Variance #1 of the Bozeman Municipal Code Section 18.44 - Variance request required for upgrades to Pear Street. It was moved by Cr. Bryson, seconded by Cr. Rupp to approve Variance #1 of the Bozeman Municipal Code Section 18.44 - Variance request required for upgrades to Pear Street. 2:50:23 Cr. Bryson Cr. Bryson spoke regarding separating the street improvements. 2:51:09 Cr. Krauss Cr. Krauss stated that the variances not be contrary to and will serve the public interest. This is a road to nowhere. 2:53:48 Vote on the Motion to approve Variance #1 of the Bozeman Municipal Code Section 18.44 - Variance request required for upgrades to Pear Street. Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:54:02 Motion to approve Variance #1 of the Bozeman Municipal Code Section 18.44 - Variance request for required upgrades to L Street adjacent to subject property. It was moved by Cr. Bryson, seconded by Cr. Rupp to approve Variance #1 of the Bozeman Municipal Code Section 18.44 - Variance request for required upgrades to L Street adjacent to subject property. 2:57:38 Cr. Becker Cr. Becker spoke regarding the intensification of use. 2:59:15 Cr. Rupp Cr. Rupp spoke regarding who pays paving in the future and a waiver of protest. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 10 of 19 2:59:54 Bob Murray-City Engineering Mr. Murray stated that a condition was added, if the variances on the street improvements were granted, they would need to sign a waiver of protest of an SID. 3:01:18 Vote on the Motion to approve Variance #1 of the Bozeman Municipal Code Section 18.44 - Variance request for required upgrades to L Street adjacent to subject property. Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 3:01:49 Motion to approve Variance #2 to the Bozeman Municipal Code Section 18.46.020.J and 18.46.020.F. It was moved by Cr. Rupp, seconded by Cr. Becker to approve Variance #2 to the Bozeman Municipal Code Section 18.46.020.J and 18.46.020.F. 3:02:45 Cr. Krauss Cr. Krauss stated that he feels this variance is not contrary to public interest. 3:06:10 Vote on the Motion to approve Variance #2 to the Bozeman Municipal Code Section 18.46.020.J and 18.46.020.F. Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 3:06:23 Motion to approve the granting of Variance #3 to the Bozeman Municipal Code Section 18.38.060.C - Variance request to the required setbacks for fencing and storage of material from Pear Street. It was moved by Cr. Becker, seconded by Cr. Krauss to approve the granting of Variance #3 to the Bozeman Municipal Code Section 18.38.060.C - Variance request to the required setbacks for fencing and storage of material from Pear Street. 3:07:29 Vote on the Motion to approve the granting of Variance #3 to the Bozeman Municipal Code Section 18.38.060.C - Variance request to the required setbacks for fencing and storage of material from Pear Street. Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 5-0. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 11 of 19 3:07:46 Motion and Vote to approve Variance #4 (to the Bozeman Municipal Code Section 18.46.040 (Table 46-3)) - Variance request to the number of parking spaces provided finding that the variance will not be contrary to and will serve the public interest and that it is necessary to the unique conditions of the property and does preserve the spirit of the title. It was moved by Cr. Krauss, seconded by Cr. Bryson to approve Variance #4 (to the Bozeman Municipal Code Section 18.46.040 (Table 46-3)) - Variance request to the number of parking spaces provided finding that the variance will not be contrary to and will serve the public interest and that it is necessary to the unique conditions of the property and does preserve the spirit of the title. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 3:08:28 Motion and Vote to approve Variance #5 to the Bozeman Municipal Code Section 18.20.020 (Table 20-1), Section 18.42.130G and Section 18.42.160A - Variance request for screening of outdoor storage from the Pear Street and I-90 sides of the property(s), agreeing with the findings in the staff report. It was moved by Cr. Bryson, seconded by Cr. Rupp to approve Variance #5 to the Bozeman Municipal Code Section 18.20.020 (Table 20-1), Section 18.42.130G and Section 18.42.160A - Variance request for screening of outdoor storage from the Pear Street and I- 90 sides of the property(s), agreeing with the findings in the staff report. Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 3:09:19 Motion to approve the request to allow further development of the site without access to municipal sewer under 18.38.030.D Use of Lands - Buildings and Structures, Municipal Infrastructure Requirements. It was moved by Cr. Rupp, seconded by Cr. Becker to approve the request to allow further development of the site without access to municipal sewer under 18.38.030.D Use of Lands - Buildings and Structures, Municipal Infrastructure Requirements. 3:11:50 Vote on the Motion to approve the request to allow further development of the site without access to municipal sewer under 18.38.030.D Use of Lands - Buildings and Structures, Municipal Infrastructure Requirements. Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 5-0. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 12 of 19 3:12:21 Motion to approve the Site Plan and Certificate of Appropriateness Application No. Z-09089 with the conditions of approval and code provisions listed in the Staff Report and with the variances and any conditions attached thereto as addressed separately in action items #1 through #7. It was moved by Cr. Becker, seconded by Cr. Krauss to approve the Site Plan and Certificate of Appropriateness Application No. Z-09089 with the conditions of approval and code provisions listed in the Staff Report and with the variances and any conditions attached thereto as addressed separately in action items #1 through #7. 3:13:09 Vote on the Motion to approve the Site Plan and Certificate of Appropriateness Application No. Z-09089 with the conditions of approval and code provisions listed in the Staff Report and with the variances and any conditions attached thereto as addressed separately in action items #1 through #7. Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 3:13:46 2. Wenzel-Smiley Zone Map Amendment No. Z-09097 (Public Hearing) (Saunders) 3:13:53 Mayor Jacobson opened the public hearing. 3:14:10 Chris Saunders, Assistant City Planner Mr. Saunders gave the staff report regarding Wenzel-Smiley Zone Map Amendment No. Z- 09097. 3:17:10 Steve Wenzel Mr. Wenzel introduced himself. 3:17:45 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 3:17:53 Motion and Vote to approve the initial zoning of R-3 Medium Density Residential for the parcel known as the Wenzel-Smiley ZMA. It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the initial zoning of R-3 Medium Density Residential for the parcel known as the Wenzel-Smiley ZMA. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 13 of 19 3:18:35 3. Fiscal Year 2010 Tax Levy Hearing (Rosenberry) 3:18:42 Mayor Jacobson opened the public hearing. 3:18:42 Anna Rosenberry, Director of Finance Ms. Rosenberry gave the staff presentation regarding the Fiscal Year 2010 Tax Levy Hearing. Staff has asked that this item be opened and continued to September 14, 2009. 3:19:36 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 3:19:48 Motion and Vote to open and continue the Fiscal Year 2010 Tax Levy Hearing to September 14, 2009. It was moved by Cr. Bryson, seconded by Cr. Rupp to open and continue the Fiscal Year 2010 Tax Levy Hearing to September 14, 2009. Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 3:20:05 Break 3:37:16 Mayor Jacobson called the meeting back to order. 3:37:40 4. Fiscal Year 2010 Budget Hearing (Rosenberry) 3:37:45 Ms. Rosenberry Ms. Rosenberry gave the staff report regarding Fiscal Year 2010 Budget Hearing. Staff is recommending that this be opened and continued to September 14, 2009. 3:38:14 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 3:38:24 Motion and Vote to open and continue the Fiscal Year 2010 Budget Hearing to September 14, 2009. It was moved by Cr. Rupp, seconded by Becker to open and continue the Fiscal Year 2010 Budget Hearing to September 14, 2009. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 14 of 19 Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 3:38:44 5. Bozeman Economic Development Plan, Plan No. P-07006a (Public Hearing) (Saunders) 3:38:48 Mayor Jacobson opened the public hearing. 3:38:55 Mr. Saunders Mr. Saunders gave the staff presentation regarding the Bozeman Economic Development Plan, Plan No. P-07006a, Mr. Saunders stated that this plan is a product from the Commission's previous 2020 Plan which had an action plan to prepare a standalone Economic Development Plan for Bozeman. 3:40:54 Bob Hietala, CEO of Prospera Mr. Hietala presented an overview of the project including the process used to develop the Plan, an Outline of the Plan and Survey results, Goals and Strategies and recommendations for immediate action. 3:56:49 Cr. Bryson Cr. Bryson spoke regarding the idea of and Economic Development Council. 3:58:31 Mayor Jacobson Mayor Jacobson spoke regarding the definition of Quality of Life. 3:58:50 Mr. Hietala Mr. Hietala stated that Quality of Life was not defined. 3:59:20 Mayor Jacobson Mayor Jacobson spoke regarding the Planning Department. 4:00:50 Mayor Jacobson Mayor Jacobson spoke regarding urban design. 4:03:04 Mayor Jacobson Mayor Jacobson spoke regarding impact fees. 4:04:12 Mayor Jacobson Mayor Jacobson stated that she sees some contradictions in the survey results. 4:04:55 Cr. Rupp Cr. Rupp spoke regarding the groups that were surveyed. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 15 of 19 4:05:41 Cr. Rupp Cr. Rupp stated that one of the areas that did rank the worst in the group's survey was housing. 4:07:29 Mayor Jacobson Mayor Jacobson spoke regarding market rate housing. 4:08:51 Mayor Jacobson Mayor Jacobson spoke regarding CDBG funds. 4:09:47 Mayor Jacobson Mayor Jacobson stated that the report is very informative. She spoke regarding a two year degree program. 4:11:04 Cr. Becker Cr. Becker asked why the Advisory Committee and the Economic Development Council need to be 2 different boards. 4:11:35 Mr. Hietala Mr. Hietala spoke regarding the duties of each board. 4:13:19 Public Comment Mayor Jacobson opened public comment. 4:13:30 Jeff Burgard, Public Comment Mr. Burgard of 201 East Mendenhall of Color World Printers stated that they are in support of the Economic Development Plan. 4:13:52 Chris Naumann, Public Comment Mr. Naumann from the Downtown Bozeman Partnership and committee member for the Economic Development Plan. He spoke in support and encouraged the Commission to support the Plan. 4:14:39 Public Comment closed Mayor Jacobson closed public comment. 4:24:47 Mayor Jacobson Mayor Jacobson stated she would like to see a fiscal note in this document. Need to call out items that will take staff time and effort. 4:26:15 Cr. Rupp Cr. Rupp spoke regarding areas in the plan that he is concerned about. 4:31:24 Cr. Krauss Cr. Krauss spoke regarding staff involvement in the Plan. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 16 of 19 4:38:00 Mayor Jacobson Mayor Jacobson stated that there needs to be more clarity on what we are being asked to do. 4:43:44 Mr. Saunders Mr. Saunders spoke regarding the implementation matrix and the formation of the Advisory Group. 4:49:10 Mayor Jacobson Mayor Jacobson stated that she would like clarity on the areas where there is staff work. 4:50:06 Motion to approve the draft of the Economic Development Plan and direct staff to return to the Commission with a Resolution adopting the Economic Development Plan including the full results of the surveys and survey instruments and addendum. It was moved by Cr. Becker, seconded by Cr. Krauss to approve the draft of the Economic Development Plan and direct staff to return to the Commission with a Resolution adopting the Economic Development Plan including the full results of the surveys and survey instruments and addendum. 4:50:24 Cr. Krauss Cr. Krauss added a friendly amendment direct staff to report on the impact of staff time and staff resources on adopting the plan. 4:51:02 Vote on the Motion to approve the draft of the Economic Development Plan and direct staff to return to the Commission with a Resolution adopting the Economic Development Plan including the full results of the surveys and survey instruments and addendum (friendly amendment) and direct staff to report on the impact of staff time and staff resources on adopting the plan. Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 4:56:54 6. Revised Chapter 8, Economic Development, Bozeman Community Plan No. P-07006a (Public Hearing) (Saunders) 4:57:09 Mr. Saunders Mr. Saunders gave the staff presentation on the Revised Chapter 8, Economic Development, Bozeman Community Plan No. P-07006a. This is an amendment to the Growth Policy. 5:00:48 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 17 of 19 5:00:58 Motion and Vote to approve the draft revisions to Chapter 8 of the Bozeman Community Plan and direct staff to return to the Commission with a Resolution adopting revisions to Chapter 8 of the Bozeman Community Plan and include eliminating the words "now being" on page 8-2. It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the draft revisions to Chapter 8 of the Bozeman Community Plan and direct staff to return to the Commission with a Resolution adopting revisions to Chapter 8 of the Bozeman Community Plan and include eliminating the words "now being" on page 8-2. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 5:01:54 7. Continuation of Preliminary Decision on Selection of Investigator for Hiring Practices (Final Decision to be made July 27, 2009) (Sullivan) 5:02:22 Mr. Sullivan Mr. Sullivan gave the staff presentation regarding the Continuation of Preliminary Decision on Selection of Investigator for Hiring Practices (Final Decision to be made July 27, 2009). 5:02:36 Mayor Jacobson Mayor Jacobson spoke regarding the importance of the person chosen ability of putting staff at ease to speak. Mayor Jacobson stated that she called each applicant. 5:05:16 Cr. Rupp Cr. Rupp stated that all of the applicants are capable. 5:07:08 Mayor Jacobson Mayor Jacobson stated that all the applicants all have fact finding experience. 5:08:59 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 5:09:23 Motion to select Michelle Puiggari as our preliminary selection and direct staff to negotiate a final scope of work and contract with her. It was moved by Cr. Bryson, seconded by Cr. Rupp to select Michelle Puiggari as our preliminary selection and direct staff to negotiate a final scope of work and contract with her. 5:10:23 Vote on the Motion to select Michelle Puiggari as our preliminary selection and direct staff to negotiate a final scope of work and contract with her. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 18 of 19 Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 5:10:44 8. (Re)Appointments to the Design Review Board (Kissel) 5:11:16 Motion and Vote to re-appoint Chris Livingston, Mike Pentecost, Bill Rea to their relative seating designations and appoint new applicant Mark Hufstetler as the Architectural Historian. It was moved by Cr. Rupp, seconded by Cr. Krauss to re-appoint Chris Livingston, Mike Pentecost, Bill Rea to their relative seating designations and appoint new applicant Mark Hufstetler as the Architectural Historian. Those voting Aye being Rupp, Krauss, Bryson, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 5:11:59 9. Re-appointments to the Parking Commission (Kissel) 5:13:17 Motion and Vote to approve the Mayor's appointments of (Tamela Hauer and Chris Pope). It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the Mayor's appointments of (Tamela Hauer and Chris Pope). Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 5:13:43 L. FYI/Discussion 5:13:45 1. Buggy Bath Carwash on 1111 East Main (From earlier Public Comment) Mr. Epple spoke regarding COAs and added that this triggers that signage and non-conforming lighting on the property needs to be brought into conformance. Mr. Epple stated that a new round of suggested text amendments regarding COAs will be brought back to the Commission. Staff follows what is black and white but realizes that this is contrary to the Mayor's sustainability proclamation. The code is a little broad. Mr. Epple will meet with the City Attorney and discuss this. 5:21:19 2. Building Division Report Mr. Epple stated that there were 76 new dwelling units in June. This is the 3rd highest number of dwelling units in the month of June in 27 years. Linked Minutes of the Bozeman City Commission, July 20, 2009 Page 19 of 19 5:25:09 3. City Picnic Mr. Kukulski reminded the Commission about the City Picnic on Thursday, July 23rd. This has been noticed. 5:25:23 4. Report (Hiring Practices) Mr. Kukulski stated that the report on hiring practices will be emailed and hard copies will be delivered on Wednesday the 22nd which will meet the 30 day deadline. 5:25:59 5. Affordability Mr. Kukulski spoke regarding the challenge of Affordability. 5:27:04 6. Ethics Board Meeting Ms. Ulmen reminded the Commission that the first Ethics Board meeting is this Wednesday at 7 p.m. 5:29:40 M. Adjournment Mayor Jacobson adjourned the meeting at 9:33 p.m. ____________________________________ Kaaren Jacobson, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________.