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HomeMy WebLinkAboutOctober 19, 2009 Minutes.pdf LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 19, 2009 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, October 19, 2009. Present were Deputy Mayor Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, and Cr. Jeff Rupp, Acting City Manager Debbie Arkell, Finance Director Anna Rosenberry, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. *Please refer to the audio recording of this meeting for additional details. 0:03:09 A. Call to Order – 6 p.m.– Commission Room, City Hall, 121 North Rouse Deputy Mayor Krauss called the meeting to order at 6:04 p.m. 0:03:11 B. Pledge of Allegiance and a Moment of Silence 0:03:55 C. Changes to the Agenda Deputy Mayor Krauss asked Acting City Manager Debbie Arkell if there were any changes to the agenda. 0:04:04 Ms. Arkell Ms. Arkell stated that there were no changes to the Agenda. 0:04:07 D. Authorize Absence of Mayor Jacobson 0:04:10 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. Those voting Aye being Crs. Rupp, Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 8 Linked Minutes of the Bozeman City Commission Meeting, October 19, 2009 2 0:04:27 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Accept the Planning Department 1st Quarter Fiscal Year 2010 (July 1, 2009 – September 30, 2009) Budget Report (Epple) 3. Accept the Building Inspection Division Report detailing the Financial and Workload Position of the Division for the quarter ending September 30, 2009 (Risk) 4. Approve Designating Parking Manager, Paul Burns to act as a Member on behalf of the City in the Intermodal Commerce Association (Kissel) 5. Approve Designating Parking Manager, Paul Burns to act as a Member on behalf of the City in the Mendenhall Marketplace Condominium Association (Kissel) 6. Approve the Downtown Parking Lots Comprehensive Sign Plan (Epple) 0:04:28 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:04:47 Cr. Rupp Cr. Rupp spoke regarding Consent Items 4 and 5 related to the parking garage. Cr. Rupp questioned the Intermodal Commerce Association that controls the exterior of the building. 0:05:34 Paul Burns, Parking Manager Mr. Burns spoke regarding the Association and what they oversee at the Parking Garage. 0:05:43 Cr. Rupp Cr. Rupp asked if the Association approved the recent painting at the Parking Garage. 0:05:47 Mr. Burns Mr. Burns stated no. 0:05:54 Cr. Becker Cr. Becker stated that the City approved the painting. 0:06:20 Andy Epple, Director of Planning Mr. Epple spoke regarding painting in Conservation Districts and that a Certificate of Appropriateness is not needed. 0:07:24 Cr. Rupp Cr. Rupp questioned if the painting was legally done. 0:07:36 Greg Sullivan, City Attorney Mr. Sullivan stated that he is reviewing the Condo By-laws. 9 Linked Minutes of the Bozeman City Commission Meeting, October 19, 2009 3 0:10:35 Motion and Vote to approve Consent Items 1-3 and 6. It was moved by Cr. Becker, seconded by Cr. Bryson to approve Consent Items 1-3 and 6. Those voting Aye being Crs. Becker, Bryson, Rupp and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:11:00 Motion and Vote to approve Consent Items 4 and 5. It was moved by Cr. Becker, seconded by Cr. Bryson to approve Consent Items 4 and 5. Those voting Aye being Crs. Becker, Bryson and Deputy Mayor Krauss. Those voting No being Cr. Rupp. The motion passed 3-1. 0:11:14 F. Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:11:44 G. Action Items 0:11:46 1. Corcoran Demolition & Addition Certificate of Appropriateness No. Z- 09102 (Bristor) 0:14:10 Allyson Bristor, Associate Planner Ms. Bristor gave the staff presentation regarding Corcoran Demolition & Addition Certificate of Appropriateness No. Z-09102. 0:20:12 Cr. Bryson Cr. Bryson spoke regarding the setback requirement. 0:20:50 Kerry Corcoran, Applicant Ms. Corcoran gave the applicant presentation. She spoke regarding the need for a mudroom, the feature of the original window and the need of preserving it. She wants to enhance it. 0:25:26 Thomas S. Shiner, Applicant Architect Mr. Shiner stated that he has been working on the architectural planning. He is also her next door neighbor. The window is appealing and needs to be preserved. 10 Linked Minutes of the Bozeman City Commission Meeting, October 19, 2009 4 0:30:40 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:30:57 Motion that agreeing with the staff report and finding that the property has less architectural, structural and cultural and historical importance than the properties within the historic district, and that 210 South 7th Avenue has a minimal architectural and historic significance to allow for its demolition and appropriately designed second floor space, I move that we approve the demolition with both conditions allowed in the staff report. It was moved by Cr. Bryson, seconded by Cr. Rupp that agreeing with the staff report and finding that the property has less architectural, structural and cultural and historical importance than the properties within the historic district, and that 210 South 7th Avenue has a minimal architectural and historic significance to allow for its demolition and appropriately designed second floor space, I move that we approve the demolition with both conditions allowed in the staff report. 0:34:17 Friendly amendment to the Main Motion to strike condition no. 1. Cr. Becker presented a friendly amendment to strike condition no. 1. 0:34:22 Cr. Bryson Cr. Bryson accepted the friendly amendment. 0:34:40 Vote on the Main Motion as Amended to that agreeing with the staff report and finding that the property has less architectural, structural and cultural and historical importance than the properties within the historic district, and that 210 South 7th Avenue has a minimal architectural and historic significance to allow for its demolition and appropriately designed second floor space, I move that we approve the demolition with the friendly amendment to strike condition no. 1(of the conditions in the staff report.) Those voting Aye being Crs. Bryson, Rupp, Becker and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:35:03 2. 2010 Bozeman Tourism Business Improvement District Work Plan and Budget (Cyndy Andrus, Executive Director of the Tourism Business Improvement District) 11 Linked Minutes of the Bozeman City Commission Meeting, October 19, 2009 5 0:36:22 Cyndy Andrus, Executive Director for the Tourism Business Improvement District Ms. Andrus stated that the Board has had 2 meetings. They have been getting organized and are working on a general Work plan and Budget. This needs to be approved by the Commission. 0:39:05 Cr. Rupp Cr. Rupp stated that he likes the work plan and is excited about activities sponsoring tournaments. Cr. Rupp asked about the administration line item in the budget. It seems a little high. 0:39:32 Ms. Andrus Ms. Andrus stated that the Board would be happy to accept the Commission's feedback on the budget. 0:40:35 Cr. Bryson Cr. Bryson stated that he is the liaison for the Board and needs to know when the meetings are. 0:41:40 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:42:06 Cr. Rupp Cr. Rupp spoke regarding putting a cap on the administration budget. 0:42:51 Motion to charge Cr. Bryson as what he undertook as we approve the 2010 Bozeman Tourism Business Improvement District Work Plan and Budget as presented. It was moved by Cr. Rupp, seconded by Cr. Becker to charge Cr. Bryson as what he undertook as we approve the 2010 Bozeman Tourism Business Improvement District Work Plan and Budget as presented. 0:43:08 Deputy Mayor Krauss Deputy Mayor Krauss spoke regarding the Board coming back to the Commission when their budget is more finalized. He spoke regarding administration. 0:44:40 Vote on the Motion to charge Cr. Bryson as what he undertook as we approve the 2010 Bozeman Tourism Business Improvement District Work Plan and Budget as presented. Those voting Aye being Crs. Becker. Those voting No being Crs. Rupp, Bryson and Deputy Mayor Krauss. The motion failed 1-3. 12 Linked Minutes of the Bozeman City Commission Meeting, October 19, 2009 6 0:45:01 Motion that we approve the 2010 Bozeman Tourism Business Improvement District Work Plan and Budget as presented with the amendment that no more than 15% be spent on administration. It was moved by Cr. Rupp, seconded by Cr. Becker that we approve the 2010 Bozeman Tourism Business Improvement District Work Plan and Budget as presented with the amendment that no more than 15% be spent on administration. 0:46:15 Cr. Bryson Cr. Bryson spoke regarding setting a cap for the administrative costs. 0:47:51 Mr. Sullivan Mr. Sullivan explained that the $450,000 figure is an estimate from the district about what they would assess in the upcoming year. This amount could be more or less. A year from now they will know. 0:49:32 Vote on the Motion to approve the 2010 Bozeman Tourism Business Improvement District Work Plan and Budget as presented with the amendment that no more than 15% be spent on administration. Those voting Aye being Crs. Rupp, Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:49:49 3. Resolution No. 4213, assessing a $1 per Room Night Fee for Overnight Stays at Lodging Facilities located in the Bozeman Tourism Business Improvement District (Rosenberry/Sullivan) 0:49:50 Mr. Sullivan Mr. Sullivan gave the staff presentation regarding Resolution No. 4213, assessing a $1 per Room Night Fee for Overnight Stays at Lodging Facilities located in the Bozeman Tourism Business Improvement District. There is one amendment proposed to the resolution changing the collection start date to November 1, 2009. 0:51:13 Ms. Andrus Ms. Andrus stated that the Board is requesting the start date of the assessment to be changed to November 1, 2009. 0:51:46 Public Comment Deputy Mayor Krauss opened public comment. No person commented. 13 Linked Minutes of the Bozeman City Commission Meeting, October 19, 2009 7 Deputy Mayor Krauss closed public comment. 0:51:57 Motion and Vote to approve Resolution No. 4213 assessing a $1 per Room Night Fee for the Overnight stays at lodging facilities located in the Bozeman Tourism Business Improvement District, amending section 1 to a start date of November 1st, 2009. It was moved by Cr. Becker, seconded by Cr. Bryson to approve Resolution No. 4213 assessing a $1 per Room Night Fee for the Overnight stays at lodging facilities located in the Bozeman Tourism Business Improvement District, amending section 1 to a start date of November 1st, 2009. Those voting Aye being Crs. Becker, Bryson, Rupp and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:52:34 4. Curbside Recycling Fiscal Year 2009 Report, December 1, 2008-June 30, 2009 and Fiscal Year 2010 Budgeted Income Statement (Arkell/Johnson) 0:53:00 Debbie Arkell, Public Service Director Ms. Arkell gave the staff presentation regarding the Curbside Recycling Fiscal Year 2009 Report, December 1, 2008-June 30, 2009 and Fiscal Year 2010 Budgeted Income Statement. Ms. Arkell stated that there are currently 832 customers. She spoke regarding commodities and shared costs. She spoke regarding the need for a 1/2 time person. The current employee has overtime each month. 1:03:40 Steve Johnson, Superintendent of the Solid Waste Division Mr. Johnson stated that the curbside program is going very well. The truck runs 3 times per week. Mr. Johnson spoke regarding the amount of tonnage. 1:08:25 Deputy Mayor Krauss Deputy Mayor Krauss spoke regarding the tipping fees at Logan. He wondered what the cost of fuel would be to transport to Logan. 1:08:46 Mr. Johnson Mr. Johnson estimated the costs to be around $80 per hour. 1:14:46 Cr. Bryson Cr. Bryson spoke regarding the number of clients. 1:15:35 Cr. Rupp Cr. Rupp spoke regarding sorting. 14 Linked Minutes of the Bozeman City Commission Meeting, October 19, 2009 8 1:16:22 Cr. Rupp Cr. Rupp spoke regarding the need for education of sorting procedures. 1:16:54 Cr. Becker Cr. Becker spoke regarding transporting. 1:17:33 Cr. Becker Cr. Becker spoke regarding efficiency. 1:20:16 Mr. Johnson Mr. Johnson spoke regarding preventative maintenance. 1:21:43 Cr. Becker Cr. Becker spoke regarding revenues. 1:22:36 Anna Rosenberry, Director of Finance Ms. Rosenberry spoke regarding customer projections. 1:24:38 Mr. Johnson Mr. Johnson spoke regarding the benefits of adding a part time employee. 1:26:58 Deputy Mayor Krauss Deputy Mayor Krauss spoke regarding overhead costs. 1:28:01 Ms. Rosenberry Ms. Rosenberry spoke regarding the business plan and incremental costs. 1:34:52 Cr. Rupp Cr. Rupp spoke regarding encouraging recycling. Cr. Rupp spoke regarding the rate for all of the garbage customers and divide by what is needed. 1:39:44 Cr. Bryson Cr. Bryson spoke regarding the time allocation spent for the employee. 1:41:13 Cr. Bryson Cr. Bryson spoke regarding the actual time being spent on the street. 1:42:09 Cr. Becker Cr. Becker spoke regarding the percentage of the recycling cost. There needs to be a study done to determine real costs. 1:44:55 Cr. Becker Cr. Becker suggested increasing the collection fee to make up the difference. 15 Linked Minutes of the Bozeman City Commission Meeting, October 19, 2009 9 1:45:53 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 1:46:24 Cr. Bryson Cr. Bryson spoke regarding making administrative changes. He does not see a need for the $2.50 increase at this time. 1:48:04 Deputy Mayor Krauss Deputy Mayor Krauss stated that it is too premature to make changes to the program. 1:53:21 Cr. Rupp Cr. Rupp stated that we need to step back and look at the bigger picture. Need to tie the rate to the size of the garbage bin. 1:55:54 Cr. Becker Cr. Becker stated that the incentive should be to recycle. The collections bill should include the recycling subsidy. 1:59:38 Deputy Mayor Krauss Deputy Mayor Krauss spoke regarding volumes. 2:08:40 Motion to direct staff to come back with a proposal that has an increase in garbage rates to accommodate the subsidy for additional capacity for recycling. It was moved by Cr. Bryson, seconded by Cr. Rupp to direct staff to come back with a proposal that has an increase in garbage rates to accommodate the subsidy for additional capacity for recycling. 2:08:55 Cr. Bryson Cr. Bryson stated that he would like to see a way to subsidize our own recycling users and the private recyclers as well. 2:16:54 Vote on the Motion to direct staff to come back with a proposal that has an increase in garbage rates to accommodate the subsidy for additional capacity for recycling. Those voting Aye being Crs. Bryson, Rupp and Becker. Those voting No being Deputy Mayor Krauss. The motion passed 3-1. 16 Linked Minutes of the Bozeman City Commission Meeting, October 19, 2009 10 2:17:29 H. FYI/Discussion 2:17:40 1. Reminder of Joint City-Town/County Meeting at Three Forks Café on Friday, October 23, 2009 at Noon (Ulmen) Ms. Ulmen reminded the Commission about the Joint City-County Meeting on Friday and highlighted the Agenda items. 2:19:14 2. Inquiry Human Rights task force Ms. Arkell stated that The Human Rights task force is planning to do a march in the next few weeks that includes closing a major street. The Commissioners are interested in getting their certification for becoming official flaggers. 2:22:20 I. Adjournment Deputy Mayor Krauss adjourned the meeting at 8:23 p.m. ____________________________________ Jeff Krauss, Deputy Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________. 17