HomeMy WebLinkAbout04-26-10 Minutes, City CommissionLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 26, 2010
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, April 26, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commissioner Sean Becker, Commissioner Carson Taylor, City Manager Chris
Kukulski, Assistant City Manager Chuck Winn, City Attorney Greg Sullivan, and City Clerk
Stacy Ulmen.
Please re er to the audio recording of this meeting for additional detail.
0:06:16 A. Call to Order-6 p.m.-Commission Room, City Hall, 121 North Rouse
Mayor Krauss called the meeting to order at 6 p.m.
0:06:19 B. Pledge of Allegiance and a Moment of Silence
0:06:59 C. Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda.
0:07:01 Chris Kukulski, City Manager
Mr. Kukulski stated that there were no changes to the agenda.
0:07:15 Mayor Krauss
Mayor Krauss asked if Consent Item 2. Authorize City Manager to Sign Prgiessional Services
Agreement Amendment No. 1 for the 11117 College Roundabout Project, could be approved
separate from the other Consent Items.
0:07:25 D. Authorize Absence of Commissioner Mehl
0:07:30 Motion and Vote to authorize the absence of Cr. Mehl.
It was moved by Cr. Becker, seconded by Cr. Andrus to authorize the absence of Cr. Mehl.
Those voting Aye being Crs. Becker, Andrus, Taylor and Mayor Krauss.
Those voting No being none.
Linked Minutes ^y the Bozeman City Commission, April 26, 2010
The motion passed 4-0.
0:07:37 E. Minutes March 22, 2010
0:07:41 Motion and Vote to approve the minutes from March 22nd.
It was moved by Cr. Andrus, seconded by Cr. TaN lor to approve the inutes from March
22nd.
0:07:52 F. Consent
V:V7:56 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
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Those voting Ave b Crs. Andrus, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to Sign Professional Services Agreement Amendment No. 1 for
the llth College Roundabout Project (Heaston)
3. Reclaim Final Approval of Baja Fresh Conditional Use Permit, Certificate of
Appropriateness, Deviation and Encroachment Application No. Z-10066 (Riley)
4. Approve Awarding a Bid in the amount of $105,146 to Motor Power Equipment for a
2011 Kenworth T370 Dump Truck (Alston)
5. Approve the Final Plat for CHB Properties LLC Minor Subdivision No. P-10002 and
Authorize the Director of Public Service to Execute the same on behalf of the City
(Cooper)
G. Finally Adopt Ordinance No. 1784, Providing that the Bozeman Municipal Code be
Amended by adding Chapter 2.86 of said Code providing for the Creation of the
Economic Development Council and Establishing the Duties and Responsibilities thereof
(Fontenot)
7. Ratify the Economic Development Council Bylaws (Fontenot)
8. Approve Beer and Wine Liquor License for Blackbird LLC at 140 East Main Street, Suite B
(Neibauer)
9.
Approve Beer and Wine Liquor License for the Hilton Garden Inn at 2023 Commerce
Way (Neibauer)
0:08:13 Motion and Vote to approve consent items F. 1,3,4,5,6,7,8 and 9.
Linked Minutes of the Bozeman City Commission, April 26, 2010
It was moved by Cr. Taylor, seconded by Cr. Becker to approve consent items F.
1,3,4,5,6,7,8 and 9.
Those voting Aye being Crs. Taylor, Becker, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4 -0.
0:08:42 Motion and Vote to approve (consent item 2), Authorize City Manager to Sign
Professional Services Agreement Amendment No. 1 for the 1 lth College Roundabout
Project.
It was moved by Cr. Taylor, seconded by Cr. Becker to approve (consent item 2), Authorize
Citd' Mana to Sign Professional Services Agreement Amendment No. 1 for the 11t1;
College Roundabout Project.
Those voting Aye being Crs. Taylor, Becker and Andrus.
Those voting No being Mayor Krauss.
The motion passed 3 -1.
0 :09:01 G. Public Comment
Mayor Krauss opened public comment.
0:09:38 Ron Gumports, Public Comment
Mr. Gumports of 810 South Willson spoke regarding the Gallatin Earth Celebration and the
Glass Event that took place. He thanked the City of Bozeman. He spoke regarding glass
recycling.
0:12:34 Brian Leland, Public Comment
Mr. Leland spoke regarding sidewalk encroachments. He encouraged that there not be any
smoking in these areas. He also encouraged a no idling policy at the adjacent parking spots to
the sidewalk encroachment areas.
0:14:03 Public Comment closed
Mayor Krauss closed public comment.
0:14:11 H. Action Items
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Linked Minutes of the Bozeman City Commission, April 26, 2010
0:14:15 1. Building Inspection Third Quarter Report (Risk)
0:14:45 Bob Risk, Chief Building Official
Mr. Risk gave the staff presentation regarding the Building Inspection Third Quarter Report. He
stated that revenues are somewhat down but they are doing well for expenditures. Expenses are
surpassing revenues. Revenues are creeping upwards with the construction season. He spoke
regarding the drop in the Cash Reserve. Construction is picking up. Permit activity is good.
Work load remains steady. He spoke regarding average inspections. He highlighted the staffing
levels within the department.
0:19:43 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:19:52 Motion and Vote to approve the Building Inspection Third Quarter Report as
submitted.
It was moved by Cr. Becker, seconded by Cr. Andrus to approve the Building Inspection
Third Quarter Report as submitted.
Those voting Ave being Crs. Becker, Andrus, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:20:10 2. Department of Planning and Community Development Third Quarter
Report (Saunders)
0:20:27 Chris Saunders, Interim City Planner
Mr. Saunders gave the staff presentation regarding the Department of Planning and Community
Development Third Quarter Report. He highlighted the operations and revenues from fees.
Revenues are down. Expenditures are limited. He spoke regarding the diversity of projects. He
spoke about potential development projects. The trend appears to be positive. He spoke
regarding vacancy savings within the Department.
0:26:47 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
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Linked Minutes of the Bozeman City Commission, April 26, 2010
0:26:51 Motion and Vote to approve the Department of Planning and Community'
Development Third Quarter Report as submitted.
It was moved by Cr. Andrus, seconded by Cr. Taylor to approve the Department of
Planning and Community Development Third Quarter Report as submitted.
Those voting Aye being Crs. Andrus, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:27:12 3. Ordinance No. 1781, Amending Section 10.32.410 of the Bozeman Municipal
Code Regarding Impound Storage Fees and Parking Related Updates (McLane)
0:27:25 Chris Kukulski, City Manager
Mr. Kukulski gave the staff presentation regarding Ordinance No. 1781. Amending Section
10.32.410 of the Bozeman Municipal Code Regarding Impound Storage Fees and Parking
Related Updates. This is in regards to the new Boot Ordinance. These are some cleanup areas.
0:29:13 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:29:22 Motion and Vote to Provisionally Adopt Ordinance No. 1781, Amending Section
10.32.410 of the Bozeman Municipal Code Regarding Impound Storage Fees and Parking
Related Updates.
It was moved by Cr. Taylor, seconded by Cr. Becker to Provisionally Adopt Ordinance No.
178L Amending Section 10.32.410 of the Bozeman Municipal Code Regarding Impound
Storage Fees and Parking Related Updates.
Those voting Aye being Crs. Taylor, Becker, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:30:26 4. General Willson Site Plan and Certificate of Appropriateness Application
No. Z-09235 (Bristor)
Linked Minutes of the Bozeman City Commission, April 26, 2010
0:30:46 Mr. Saunders
Mr. Saunders gave the staff presentation regarding the General Willson Site Plan and Certificate
of Appropriateness Application No. Z-09235. This item has been brought back to the
Commission for the purpose of lifting it off of the table and scheduling a date for consideration.
0:31:37 Greg Sullivan, City Attorney
Mr. Sullivan spoke regarding the effective dates of the Encroachment Ordinance.
0:34:07 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:34:17 Motion and Vote to lift from the table the General Willson Site Plan, Certificate of
Appropriateness No. Z-09235 and schedule for consideration at the City Commission
meeting of May 17, 2010.
It was moved by Cr. Becker, seconded by Cr. Andrus to lift from the table the General
Willson Site Plan, Certificate of Appropriateness No. Z-09235 and schedule for
consideration at the City Commission meeting of May 17, 2010.
Those voting Aye being Crs. Becker, Andrus, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:34:56 5. Ordinance No. 1787, Amending Ordinance No. 1729, Section 3.30.040
Minimum Level of Budgeted General Fund Unreserved Fund Balance (Rosenberry)
0:35:03 Anna Rosenberry, Finance Director
Ms. Rosenbeny gave the staff presentation regarding Ordinance No. 1787, Amending Ordinance
No. 1729, Section 3.30.040 Minimum Level of Budgeted General Fund Unreserved Fund
Balance. Ms. Rosenberry stated that we need to come into compliance with the Government
Finance Officer Association (GFOA). She stated that the Ordinance before the Commission this
evening amends the existing Budget Administration Ordinance. She spoke regarding how the
Unresolved Fund Balance should be administered and where the changes will occur. With the
existing Ordinance's language of no less than 12% of estimated revenues, our Ordinance is no
longer in compliance with GFOA's recommended best practice of 16.66%.
0:43:10 Cr. Taylor
Cr. Taylor wondered about the reasoning behind raising the figure from 12% to 16.66%.
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Linked Minutes of the Bozeman City Commission, April 26, 2010
0 :46 :02 Cr. Taylor
Cr. Taylor suggested phasing in the increase.
0:46:05 Ms. Rosenben
Ms. Rosenberry stated that she is not opposed to phasing in the increase.
0:46:33 Ms. Rosenberry
Ms. Rosenberry spoke regarding the difference between unreserved and unrestricted fund
hal an ces.
0:50 :45 Cr. Becker
Cr. Becker spoke regarding his concern of the Ordinance being out dated as soon as it is adopted.
0:52:30 Ms. Rosenberry
Ms. Rosenbcrry spoke regarding the Library Construction Fund.
0:53:28 Mayor Krauss
Mayor Krauss spoke regarding levies.
0:56:09 Ms. Rosenberry
Ms. Rosenberry spoke regarding cash flowing the General Fund.
0:57:48 Mayor Krauss
Mayor Krauss asked how the r erde is built up.
0:58:24 Ms. Rosenbeny
Ms. Rosenberry stated that it comes from more revenue than what was expected and less money
spent.
1:01:54 Mayor Krauss
Mayor Krauss spoke regarding the Police Levy.
1:03:21 Ms. Rosenberry
Ms. Rosenberry spoke regarding the Library Construction Fund.
1:05:36 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
Linked Minutes of the Bozeman City Commission, April 26, 2010
1:05:52 Mr. Sullivan.
Mr. Sullivan asked that specific codification instructions be included in the ordinance.
1:06 :59 Motion to Provisionally Adopt Ordinance No. 1787, Amending Ordinance No.
1729, Section 3.30.040 Minimum Level of Budgeted General Fund Unreserved Fund
Balance with the Attorney's suggested language adding a Section 6: The provisions of
Section 1 shall be codified as appropriate in Title 3. 3.30.040 of the Bozeman Municipal
Code.
It was moved by Cr. Andrus, seconded by Cr. Taylor to Provisionally Adopt Ordinance
No. 1787, Amending Ordinance No. 1729, Section 3.30.040 Minimum Level of Budgeted
General Fund Unreserved Fund Balance with the Attorney's suggested language adding a
Section 6: The provisions of Section 1 shall be codified as appropriate in Title 3.3.30.040 of
the Bozeman Municipal Code.
1:07:30 Mayor Krauss
Mayor Krauss spoke regarding a pending judgment. He spoke regarding property taxes and the
process of GFOA. The Library project is closed. He spoke regarding negative cash. He wondered
about the ability for a Judgment Levy.
1 :16 :05 Cr. Taylor
Cr. Taylor spoke regarding phasing the increase.
1 :18:40 Amendment to the Main Motion to amend the motion to set the figure for 2011 to
14.3% and for 2012 to 16.66
It was moved by Cr. Taylor, seconded by Cr. Becker to amend the motion to set the figure
for 2011 to 14.3% and for 2012 to 16.66
1:20:01 Cr. Becker
Cr. Becker spoke regarding phasing and compliance. He wants to see things cleaned up within a
year.
1:21:57 Cr. Andrus
Cr. Andrus spoke regarding compliance with the Charter.
1:24:41 Ms. Rosenberry
Ms. Rosenberry stated that they way the motion is stated, the City would have 2 budget cycles to
implement the increase.
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Linked Minutes of the Bozeman City Commission, Apri126, 2010
1:28 :50 Vote on the Amendment to the Main Motion to amend the motion to set the figure
for 2011 to 14.3% and for 2012 to 16.66
Those voting Aye being none.
Those voting No being Taylor, Becker, Andrus and Mayor Krauss.
The motion failed 0 -4.
1:29 :58 Amendment to the Main Motion to have the Ordinance say 16 2/3.
It was moved by Cr. Becker, seconded by Cr. Taylor to have the Ordinance sav 16 2/3.
1:30:37 Vote on the Amendment to the Main Motion to have the Ordinance say 1 2/3.
1:31:17 Break
Mayor Krauss declared a break.
1:43:14 Meeting Called back to order
Mayor Krauss called the Meeting back to order.
Those voting Ave being Crs. Becker, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The notion passed 4 -0.
1:30:59 Vote on the Main Motion as amended to Provisionally Adopt Ordinance No. 1787,
Amending Ordinance No. 1729, Section 3.30.040 Minimum Level of Budgeted General
Fund Unreserved Fund Balance with the Attorney's suggested language adding a Section 6:
The provisions of Section 1 shall be codified as appropriate in Title 3.3.30.040 of the
Bozeman Municipal Code and to have the Ordinance say 16 2/3.
Those voting Ave being Crs. Andrus, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 4 -0.
1 :43:23 6. Appeal of Denial of Public Assembly and Street Closure Request for The
Green Coalition of Gay Loggers for Jesus for a music event on Main Street on Sunday,
July 4, 2010 (Arkell)
1:44:05 Debbie Arkell, Public Services Director
Ms. Arkell gave the staff presentation regarding the appeal of Denial of Public Assembly and
Street Closure Request for The Green Coalition. of Gay Loggers for Jesus for a music event on
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Linked Minutes of the Bozeman City Commission, April 26, 2010
Main Street on Sunday, July 4, 2010. She spoke regarding the reasons why the Main Street and
Willson request was denied. Staff recommends to deny as submitted and approve the conditions
of an alternative permit for the music event to he held on a side street, North or South Bozeman
Avenue on Sunday, July 4, 2010 from 5p.m. -9p.m. with an added condition that within five days
of the Commission's decision, the applicant must file a written notice of acceptance of the
alternative permit if he desires to accept the alternate permit.
1:50:48 Brian Leland, Applicant
Mr. Leland stated that he tried to gage support since January. There was a lot of support. They
would like an event that is downtown. A lot of folks around Willson and Main were looking
forward to the event. It would be good on Main Street because you don't need a caterer. He
spoke regarding using a park. This would be an imposition on the neighborhood. He spoke
regarding the two potential locations. He spoke regarding an open container waiver once a
permit is obtained. It cripples the event to move it off of Main Street. Another concern is that the
bank was never contacted by the City for these events. Mr. Leland stated that the City needs to
determine criteria for street closures.
2:01:57 Public Comment
Mayor Krauss opened Public Comment.
No person commented.
Mayor Krauss closed Public Comment.
2:02:08 Public Hearing Closed
Mayor Krauss closed the public hearing.
2:02:37 Public Hearing re- opened
Mayor Krauss re- opened the public hearing.
2:02:41 Cr. Becker
Cr. Becker spoke regarding the street closure.
2:03:47 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:04 :14 Public Comment
Mayor Krauss opened Public Comment.
No person commented.
Mayor Krauss closed Public Comment.
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Linked Minutes of the Bozeman City Commission, April 26, 2010
2:04:23 Public Hearing Closed
Mayor Krauss closed the Public Hearing.
2:04:31 Motion to affirm the April 15, 2010 decision of the Director of Public Service to
deny a public assembly and street closure permit for Main Street as submitted; and to
uphold the approval of an alternative permit for the music event to be held on a side street,
North or South Bozeman Avenue, on Sunday, July 4, 2010 from 5 p.m. until 9 p.m., with
the added condition that within five days of the Commission's decision, the applicant must
file a written notice of acceptance of the alternative permit if he desires to accept the
alternate permit.
It was moved by Cr. Taylor, seconded by Cr. Becker to affirm the April 15, 2010 decision
of the Director of Public Service to deny a public assembly and street closure permit for
Main Street as submitted; and to uphold the approval of an alternative permit for the
music event to be held on a side street, North or South Bozeman Avenue, on Sunday, July
4, 2010 from 5 p.m. until 9 p.m, with the added condition that within five days of the
Commission's decision, the applicant must file a written notice of acceptance of the
alternative permit if he desires to accept the alternate permit.
2:05:09 Cr. Becker
Cr. Becker stated that he is judging on the merits of the application.
2:07:48 Cr. Taylor
Cr. Taylor stated his concern of closing main and how it will impact Police and Fire Access.
2:09:11 Mayor Krauss
Mayor Krauss stated that he agrees with Cr. Taylor. He spoke regarding the burden put on the
Police Department.
2:11:19 Vote on the Motion to affirm the April 15, 2010 decision of the Director of Public
Service to deny a public assembly and street closure permit for Main Street as submitted;
and to uphold the approval of an alternative permit for the music event to be held on a side
street, North or South Bozeman Avenue, on Sunday, July 4, 2010 from 5 p.nri. until 9 p.m.,
with the added condition that within five days of the Commission's decision, the applicant
must file a written notice of acceptance of the alternative permit if he desires to accept the
alternate permit.
Those voting Ave being Crs. Taylor, Becker, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
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Linked Minutes of the Bozeman City Commission, April 26, 2010
2:11:52 1. FYI /Discussion
2:11:58 1. Sign Code
Mr. Saunders gave a quick overview of the Sign Code related to window signage and size
restricti ons.
2:22:15 2. Thank you to City and Staff for Gallatin Earth Celebration
Cr. Becker thanked City Employees Brit Fontenot and Natalie Meyer for their work with the
Gallatin Earth Celebration over the weekend. It seems like the event is becoming more
successful every year.
2 :23 :10 3. City Owned House Next Door to City Hall
Cr. Becker asked how the City can get rid of the house next door in order to make the entire lot a
community garden area. Mr. Winn stated that some people have looked at moving the house but
it is just too cost prohibitive to do so. The Fire Department has considered using it for a practice
burn as well. There was money allocated to demolishing it but those funds were cut from the
budget. Mr. Winn invited anyone who is interested in the house to contact the City.
2:24:52 4. Reminder of Rouse Closure
Ms. Arkell announced that Rouse will be closed starting tomorrow morning under the 1 -90
Bridge and the railroad tracks. MDT is estimating around 3 -4 days. There will be no through
traffic in that area. The alternate route is Oak Street. Access to businesses can occur on Griffen
as well.
2:26:17 J. Adjournment
Mayor Krauss adjourned the meeting at 8:24 p.m.
A B Oz
N co
PREP RED BY:
Clerk
C. City Clerk
Approved on
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