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HomeMy WebLinkAboutAugust 17, 2009 Minutes MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 17, 2009 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, August 17, 2009. Present were Mayor Kaaren Jacobson, Cr. Eric Bryson, Cr. Jeff Krauss and Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Finance Director Anna Rosenberry, Planning Director Andy Epple, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. 0:17:46 A. Call to Order – 5:00 p.m.– Commission Room, City Hall, 121 North Rouse Mayor Jacobson called the Meeting to order. 0:17:51 E. Budget Discussion (Rosenberry/Kukulski) 0:19:06 Anna Rosenberry, Finance Director Ms. Rosenberry explained that on the discussion list for this evening are those divisions that are not related to public safety. 0:19:34 Ms. Rosenberry Ms. Rosenberry explained that when the recommended budget was put together there was not any money set aside for the Ethics Board as they were not seated. They now are seated and have held 2 meetings. 0:20:17 Mr. Kukulski Mr. Kukulski stated that the Charter requires that he budgets funding for the Ethics Board. He is estimating the total to be around $7,500. 0:22:50 Cr. Krauss Cr. Krauss stated that the funding for the Ethics Board needs to be added to the Budget. Cr. Krauss asked if there has been any work on the taxable valuation. 0:23:06 Ms. Rosenberry Ms. Rosenberry stated that she has received no word on the taxable valuation at this time. 0:25:57 Cr. Krauss Cr. Krauss asked about an office at City Hall for the Mayor and setting hours. 4 Minutes of the Bozeman City Commission, August 17, 2009 2 0:26:13 Mayor Jacobson Mayor Jacobson stated that there is an office for the Mayor at City Hall. 0:27:57 Ms. Rosenberry Ms. Rosenberry stated that the biggest cost in the Commission budget is the funding for the Elections. 0:28:25 Cr. Rupp Cr. Rupp asked about the staffing of the Ethics Board. 0:28:30 Mr. Kukulski Mr. Kukulski stated that the City Clerk's Office and Legal are assisting the Board. 0:29:09 Mr. Kukulski Mr. Kukulski spoke regarding using the Local Government Center as a resource for the Ethics Board. 0:29:54 Cr. Rupp Cr. Rupp spoke regarding the Commission salaries and travel expenses. 0:30:27 Ms. Rosenberry Ms. Rosenberry spoke regarding in state travel. 0:32:52 City Manager's Office 0:32:56 Ms. Rosenberry Ms. Rosenberry spoke regarding the City Manager's budget which includes Administration, the City Clerk's Office, Human Resources Department and the Neighborhoods Program. 0:34:08 Mr. Kukulski Mr. Kukulski spoke regarding the Salary Survey. 0:35:11 Ms. Rosenberry Ms. Rosenberry spoke regarding the City License Plate. 0:35:46 Mr. Kukulski Mr. Kukulski spoke regarding recovery of the costs associated with the license plate. 0:36:57 Ms. Rosenberry Ms. Rosenberry spoke regarding the Finance Department budget. She added an area for grants and sustainability. 0:38:21 Facilities Management 0:38:38 Ms. Rosenberry Ms. Rosenberry spoke regarding the Facilities budget. 5 Minutes of the Bozeman City Commission, August 17, 2009 3 0:40:59 Cr. Krauss Cr. Krauss spoke regarding the Senior Center increase. 0:41:21Ms. Rosenberry Ms. Rosenberry stated that the increase was due in part to general repairs and maintenance. 0:43:02 Cr. Bryson Cr. Bryson spoke regarding the air conditioning and the floor replacement at the Sr. Center. 0:45:48 Information Technology 0:45:56 Ms. Rosenberry Ms. Rosenberry stated that IT plans some upgrades to the anti-virus system, phones and a replacement cycle for computers. 0:46:44 Cemetery 0:46:49 Ms. Rosenberry Ms. Rosenberry spoke regarding the fee increases and staffing. 0:47:45 Parks 0:47:50 Ms. Rosenberry Ms. Rosenberry spoke regarding seasonal labor and duties. 0:50:21 Recreation 0:50:23 Ms. Rosenberry Ms. Rosenberry spoke regarding the recreation operations. 0:51:57 Cr. Rupp Cr. Rupp spoke regarding the Bogert Pool. 0:52:34 Mr. Kukulski Mr. Kukulski spoke regarding the CIP and the life of the pool. 0:54:13 Library 0:54:15 Ms. Rosenberry Ms. Rosenberry stated that the Library budget a little over $1.5 million. She spoke regarding workload indicators and a self check system. 0:58:16 Cr. Rupp Cr. Rupp spoke regarding the Cemetery budget. 0:58:41 Ms. Rosenberry Ms. Rosenberry spoke regarding the rates. 6 Minutes of the Bozeman City Commission, August 17, 2009 4 0:59:06 Cr. Rupp Cr. Rupp spoke regarding the gutters at Bogert that is in the CIP. 1:00:08 Break Mayor Jacobson declared a break. 1:21:52 Meeting brought back to order. Mayor Jacobson called the meeting back to order. 1:21:52 B. Pledge of Allegiance and a Moment of Silence 1:22:31 C. Authorize the Absence of Cr. Becker 1:22:34 Motion and Vote to authorize the absence of Cr. Becker. It was moved by Cr. Rupp, seconded by Cr. Krauss to authorize the absence of Cr. Becker. Those voting Aye being Crs. Rupp, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 1:22:42 D. Changes to the Agenda Mayor Jacobson stated that there is one change to the agenda regarding the Special Presentation of the Governmental Finance Officer Association Certificate of Achievement. Mayor Jacobson stated that she will wait to conduct this presentation once the actual Certificate is received. Mayor Jacobson asked City Manager Chris Kukulski if there were any other changes to the agenda. 1:23:03 Chris Kukulski, City Manager Mr. Kukulski stated that there were no additional changes to the agenda. 1:23:08 F. Minutes – July 13, 2009 and July 20, 2009 1:23:14 Motion and Vote to approve the minutes from July 13, 2009 and July 20, 2009. It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the minutes from July 13, 2009 and July 20, 2009. Those voting Aye being Crs. Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 1:23:29 G. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize the Mayor and City Attorney to execute a Contract with the Montana Department of Commerce to receive a Treasure State Endowment Program (TSEP) Grant for the Water Reclamation Facility Project (Hixson) 7 Minutes of the Bozeman City Commission, August 17, 2009 5 3. Approve the Depository Bonds and Pledged Securities as of June 30, 2009 (Clark) 4. Approve the Building Report detailing the Financial and Workload Position of the Building Inspection Division for the Month of June, Fiscal Year 2009 (Risk ) 1:23:35 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 1:23:45 Motion and Vote to approve Consent Items G. 1-4. It was moved by Cr. Bryson, seconded by Cr. Rupp to approve Consent Items G. 1-4. Those voting Aye being Cr. Bryson, Rupp, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 1:23:56 H. Public Comment Mayor Jacobson opened the General Public comment section. 1:24:11 Bob Chase, Public Comment Mr. Chase of South Black Avenue spoke regarding the variances at the lower shops from the August 3, 2009 Commission Meeting. He spoke regarding the Hiring Practices Investigator. 1:26:09 Public Comment Closed. Mayor Jacobson closed public comment. 1:26:16 I. Special Presentations 1:26:19 1. Firefighter Swearing-In Ceremony (Mayor Jacobson) Mayor Jacobson explained that she will be swearing-in 4 new Firefighters this evening. Mayor Jacobson then swore-in Firemen Jared Ridgeway, Tad Clayton, Aaron Blackwell and James Short. 1:30:41 J. Action Items 1:30:44 1. Certificate of Appropriateness with Partial Demolition of a “contributing” Structure and Deviations Application, and Demolition of an existing Garage and construction of a New Garage with Accessory Dwelling Unit at 720 South Tracy Avenue, No. Z-09153 (Public Hearing) (Kramer) 1:31:02 Public Hearing Mayor Jacobson opened the public hearing. 8 Minutes of the Bozeman City Commission, August 17, 2009 6 1:31:20 Courtney Kramer, Assistant for Historic Preservation Ms. Kramer gave the staff presentation regarding a Certificate of Appropriateness with Partial Demolition of a “contributing” Structure and Deviations Application, and Demolition of an existing Garage and construction of a New Garage with Accessory Dwelling Unit at 720 South Tracy Avenue, No. Z-09153. 2:04:55 Dennis and Marilyn Raffensperger, Applicants Mr. Raffensperger gave the applicant presentation stating that he and his wife bought the property with the intent to redevelop it. 2:14:08 Public Comment Mayor Jacobson opened public comment. 2:14:20 Peter Tilick , Public Comment Mr. Tilick of 724 South Tracey stated that his concerns are access of views from their property and effects on property value. 2:17:19 Thale Davis, Public Comment Ms. Davis stated that she is the Raffensperger's real estate advisor. She stated that she is on the Tax Increment Financing District Board. She is a Historic Preservation Activist. If this project is approved, there are several contractors and sub-contractors ready to go to work. 2:19:48 Public Comment Closed Mayor Jacobson closed public comment. 2:20:09 Motion to conditionally approve the Certificate of Appropriateness with Partial Demolition of a "contributing" Structure and Deviations Application, and demolition of an existing Garage and construction of a New Garage with Accessory Dwelling Unit at 720 South Tracy Avenue, No. Z-09153 with the conditions listed in the staff report omitting Condition No. 1 (3 &4 later clarified), with the only deviation being deviation No. 2. It was moved by Cr. Krauss, seconded by Cr. Bryson to conditionally approve the Certificate of Appropriateness with Partial Demolition of a "contributing" Structure and Deviations Application, and demolition of an existing Garage and construction of a New Garage with Accessory Dwelling Unit at 720 South Tracy Avenue, No. Z-09153 with the conditions listed in the staff report omitting Condition No. 1 (3 &4 later clarified), with the only deviation being deviation No. 2. 2:21:47 Cr. Krauss Cr. Krauss spoke regarding the Accessory Dwelling Unit. He spoke regarding the mass and intensification of the project. 2:24:10 Ms. Kramer Ms. Kramer spoke regarding the definition of a guest house. 2:26:24 Ms. Kramer Ms. Kramer spoke regarding the number of parking spaces needed for a guest house. 9 Minutes of the Bozeman City Commission, August 17, 2009 7 2:28:12 Cr. Rupp Cr. Rupp stated that he is struggling with the mass of the project. 2:30:10 Mr. Epple Mr. Epple spoke about the use of a deed restriction. 2:30:45 Ms. Kramer Ms. Kramer spoke regarding the lot size. 2:33:33 Mayor Jacobson Mayor Jacobson asked that the motion be read back. 2:33:39 Stacy Ulmen, City Clerk Ms. Ulmen read back the motion. 2:35:34 Vote on the Main Motion to conditionally approve the Certificate of Appropriateness with Partial Demolition of a "contributing" Structure and Deviations Application, and demolition of an existing Garage and construction of a New Garage with Accessory Dwelling Unit at 720 South Tracy Avenue, No. Z-09153 with the conditions listed in the staff report omitting Condition No. 1 (3 &4 later clarified), with the only deviation being deviation No. 2. Those voting Aye being Crs. Krauss, Bryson and Rupp. Those voting No being Mayor Jacobson. The motion passed 3-1. 2:35:48 Break Mayor Jacobson declared a break. 2:52:36 Meeting called back to order. Mayor Jacobson called the meeting back to order. 2:52:42 2. Acceleration of the Scheduled 2009 Water Main Replacement in North Willson Avenue from Main Street to Lamme Street in an Effort to Reduce the Impact on Businesses and Citizens (Arkell) 2:53:03 Mr. Kukulski Mr. Kukulski gave the staff presentation regarding the Acceleration of the Scheduled 2009 Water Main Replacement in North Willson Avenue from Main Street to Lamme Street in an effort to reduce the impact on businesses and Citizens. Mr. Kukulski stated that he met with those directly affected by the replacement. The last week in September is proposed. 2:58:09 Public Comment Mayor Jacobson opened public comment. 10 Minutes of the Bozeman City Commission, August 17, 2009 8 2:58:23 John Feder, Public Comment Mr. Feder of 10 North Willson stated that he is representing 3 of the 5 tenants in the building he lives in. He understands that this needs to be done. He is here as a resident. He spoke about the difficulties of construction during the evening. He wondered if the City and Northwestern Energy could consolidate their work that needs to be done. 3:00:19 Public Comment Closed Mayor Jacobson closed public comment. 3:00:32 Cr. Bryson Cr. Bryson spoke regarding coinciding with Northwestern Energy's work. 3:01:24 Mr. Kukulski Mr. Kukulski stated that there will be double shifts during the day, not the evening. There will not be around the clock shifts. 3:02:03 Bob Murray, City Engineering Mr. Murray explained that Northwestern Energy's work schedule is close to the City's. 3:03:02 Motion and Vote to direct staff to accelerate the scheduled water main replacement in North Willson Avenue from Main Street to Lamme Street, and to process a change order with Edstrom Construction, Inc. that stipulates the work in these two blocks will be completed in a total of not more than seven (7) working days, at an increase in price not to exceed $14,550.00, with the schedule to be established by the City Manager in coordination with any work done with Northwestern Energy. It was moved by Cr. Bryson, seconded by Cr. Rupp to direct staff to accelerate the scheduled water main replacement in North Willson Avenue from Main Street to Lamme Street, and to process a change order with Edstrom Construction, Inc. that stipulates the work in these two blocks will be completed in a total of not more than seven (7) working days, at an increase in price not to exceed $14,550.00, with the schedule to be established by the City Manager in coordination with any work done with Northwestern Energy. Those voting Aye being Crs. Bryson, Rupp, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 3:03:44 3. Resolution No. 4184, Water Rates for Fiscal Years 2010 and 2011 (Public Hearing) (Rosenberry) 3:03:52 Public Hearing Mayor Jacobson opened the public hearing. 3:03:56 Anna Rosenberry, Director of Finance Ms. Rosenberry gave the staff presentation regarding Resolution No. 4184, Water Rates for Fiscal Years 2010 and 2011. 11 Minutes of the Bozeman City Commission, August 17, 2009 9 3:08:15 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 3:08:27 Motion to adopt Resolution No. 4184, Water Rates for Fiscal Years 2010 and 2011, which includes water rates effective on September 1, 2009 and September 1, 2010. It was moved by Cr. Rupp, seconded by Cr. Krauss to adopt Resolution No. 4184, Water Rates for Fiscal Years 2010 and 2011, which includes water rates effective on September 1, 2009 and September 1, 2010. 3:08:55 Cr. Rupp Cr. Rupp spoke regarding the options that are available for Senior Citizens and low income rate payers. 3:09:45 Ms. Rosenberry Ms. Rosenberry spoke regarding the advertising used for utility assistance. 3:11:53 Vote on the Motion to adopt Resolution No. 4184, Water Rates for Fiscal Years 2010 and 2011, which includes water rates effective on September 1, 2009 and September 1, 2010. Those voting Aye being Crs. Rupp, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 3:12:04 4. Resolution No. 4185, Wastewater Rates for Fiscal Years 2010 and 2011 (Public Hearing) (Rosenberry) 3:12:14 Public Hearing opened. Mayor Jacobson opened the public hearing. 3:12:29 Ms. Rosenberry Ms. Rosenberry gave the staff presentation regarding Resolution No. 4185, Wastewater Rates for Fiscal Years 2010 and 2011. 3:16:42 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 3:16:54 Motion to adopt the rates at the Moderate Growth w/$451K Shop amount, at 10.2%, 33.8% effective total rate increase (Resolution No. 4185, Wastewater Rates for Fiscal Years 2010 and 2011, which includes wastewater rates effective on September 1, 2009 and September 1, 2010). 12 Minutes of the Bozeman City Commission, August 17, 2009 10 It was moved by Cr. Krauss, seconded by Cr. Rupp to adopt the rates at the Moderate Growth w/$451K Shop amount, at 10.2%, 33.8% effective total rate increase (Resolution No. 4185, Wastewater Rates for Fiscal Years 2010 and 2011, which includes wastewater rates effective on September 1, 2009 and September 1, 2010). 3:18:18 Vote on the Motion to adopt the rates at the Moderate Growth w/$451K Shop amount, at 10.2%, 33.8% effective total rate increase (Resolution No. 4185, Wastewater Rates for Fiscal Years 2010 and 2011, which includes wastewater rates effective on September 1, 2009 and September 1, 2010). Those voting Aye being Crs. Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 3:18:30 5. Resolution No. 4186, Tree Maintenance Annual Assessments (Public Hearing) (Rosenberry) 3:18:38 Public Hearing Opened. Mayor Jacobson opened the public hearing. 3:18:43 Ms. Rosenberry Ms. Rosenberry gave the staff presentation regarding Resolution No. 4186, Tree Maintenance Annual Assessments. Ms. Rosenberry stated that there is not an increase this year. 3:20:10 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 3:20:23 Motion and Vote to adopt Resolution No. 4186, Tree Maintenance Annual Assessments, Establishing a 0% increasing Tree Maintenance District Assessments for Fiscal Year 2010. It was moved by Cr. Bryson, seconded by Cr. Rupp to adopt Resolution No. 4186, Tree Maintenance Annual Assessments, Establishing a 0% increasing Tree Maintenance District Assessments for Fiscal Year 2010. Those voting Aye being Crs. Bryson, Rupp, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 3:20:53 6. Building Code Appeals Process (Winn/Kukulski) 3:21:03 Chuck Winn, Assistant City Manager Mr. Winn gave the staff presentation regarding the Building Code Appeals process. The board has only met 4 times. 13 Minutes of the Bozeman City Commission, August 17, 2009 11 3:27:46 Cr. Bryson Cr. Bryson spoke regarding the statement on the Board of Appeal's information stating that the B Board "has no authority to interpret administrative provisions of the code." 3:28:13 Mr. Winn Mr. Winn agreed that the language is somewhat conflicting. 3:29:27 Cr. Bryson Cr. Bryson spoke regarding the importance of the changing the language regarding administrative decision. 3:29:42 Mr. Winn Mr. Winn stated that this is being changed. 3:29:45 Cr. Krauss Cr. Krauss spoke regarding a time limit for appeals. 3:29:52 Mr. Winn Mr. Winn stated that this is the other conflict and spoke regarding the current time frame. 3:30:12 Cr. Krauss Cr. Krauss spoke regarding his concern of the appeal process length. He would like to see it be around 5 days. 3:31:56 Cr. Bryson Cr. Bryson would like to see a voting Commissioner member on the board. 3:33:05 Cr. Bryson Cr. Bryson spoke regarding his concern of the City adopting the International Building Codes- they change all of the time and we just adopt them. 3:38:30 Cr. Rupp Cr. Rupp spoke regarding the review process. 3:40:47 Mr. Epple Mr. Epple spoke regarding the Board of Appeals and the Board of Adjustment. 3:42:14 Mayor Jacobson Mayor Jacobson stated that it seems to her that the City needs to get in sync with the State Code. 3:43:23 Cr. Krauss Cr. Krauss stated that the language needs to be amended in the handout and narrow the time frame for the appeal hearing. 3:44:40 Cr. Bryson Cr. Bryson stated he wants to see a voting Commissioner on the board. 14 Minutes of the Bozeman City Commission, August 17, 2009 12 3:45:17 Mayor Jacobson Mayor Jacobson stated that she disagrees and feels Commissioners should not be there to oversee technical professionals in this area. 3:45:43 Mr. Sullivan Mr. Sullivan stated that there should be an engaged discussion with the Building Code Bureau. 3:47:34 Cr. Rupp Cr. Rupp stated that he agrees with Crs. Krauss and Bryson. 3:51:45 7. Appointment of a Commissioner Liaison to the Bozeman Tourism Business Improvement District (BTBID) Board of Trustees (Kissel) 3:52:25 Motion and Vote to appoint Cr. Bryson as the Commission Liaison. It was moved by Cr. Rupp, seconded by Cr. Krauss to appoint Cr. Bryson as the Commission Liaison. Those voting Aye Crs. Rupp, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 3:53:31 K. FYI/Discussion 3:53:36 1. Ordinance Regarding Parking Citations (Sullivan/Burns) Attorney Sullivan introduced the Ordinance regarding Parking Citations. Discussion took place regarding introduction of Ordinances through FYI. Cr. Krauss stated that FYI should be informal. 3:58:13 2. August 31, 2009, 5th Monday meeting Mr. Kukulski spoke regarding the need of Policy Meetings. Impact fees are one area. The Commission determined that they should discuss this on a Monday meeting. The Commission also agreed to cancel the September 8, 2009 Meeting and have those items discussed on Monday, August 31st instead. This will be formalized at the staff meeting and brought up to the Commission on Monday night. 4:06:10 3. Executive Session-Review of Outstanding Litigation The Commission wondered when the next Executive Session will take place regarding review of outstanding Litigations. Mr. Sullivan stated sometime this fall. 4:06:55 Adjourned Mayor Jacobson adjourned the meeting at 8:48 p.m. 15 Minutes of the Bozeman City Commission, August 17, 2009 13 ____________________________________ Kaaren Jacobson, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________. 16