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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 20, 2011
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, June 20, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor,
City Manager Chris Kukulski, Assistant City Manager Chuck Winn, City Attorney Greg Sullivan
and City Clerk Stacy Ulmen.
* * Please refer to the audio recording of this meeting for additional detail.
A. Call to Order – 5:30 p.m. – Commission Room, City Hall, 121 North Rouse
B. Executive Session-Litigation Strategy
A separate set of minutes have been prepared for the Executive Session.
0:09:18 C. Call to Order Regular Meeting – 6 p.m.
Mayor Krauss called the Regular Meeting to order at 6:15 p.m.
0:09:20 D. Pledge of Allegiance and a Moment of Silence
0:10:04 Welcome
Mayor Krauss welcomed everybody to the meeting.
0:10:21 E. Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr.
Kukulski stated no.
0:10:29 F. Public Service Announcement – Update on Potential City Flooding
(Shrauger)
Mr. Kukulski stated that since there has not been any changes regarding flooding, this PSA will
not occur.
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Minutes of the Bozeman City Commission, June 20, 2011
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0:11:05 G. Minutes – Executive Session Minutes of March 21 and May 23, 2011 and
Regular Minutes of April 25, 2011
0:11:07 Motion and Vote to approve the Executive Session Minutes from March 21 and
May 23, 2011 and also the regular meeting minutes from April 25, 2011.
It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the Executive Session
Minutes from March 21 and May 23, 2011 and also the regular meeting minutes from April
25, 2011.
Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:11:24 H. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign 3-year Renewal Agreement with Bozeman School District
7 regarding School Resource Officer Duties, Salary and Benefits (McLane)
3. Approve Certification of Delinquent City Assessments for the second half of Fiscal Year
2011 to Gallatin County as submitted (Clark)
4. Approve Sub-Recipient Agreement for the City's Community Development Block Grant
Revolving Loan Fund with the Gallatin Development Corporation, DBA Prospera Business
Network (Kukulski)
5. Approve payment of $3,267.63 for the Buttrey's Solvent Site Cost Recovery (Cooper)
6. Accept the Monthly Building Division Report for May, 2011 (Risk)
0:11:30 Public Comment
Mayor Krauss opened public comment on the Consent Agenda.
No person commented.
Mayor Krauss closed public comment.
0:11:50 Motion and Vote to approve Consent Items H. 1-6.
It was moved by Cr. Andrus, seconded by Cr. Becker to approve Consent Items H. 1-6.
Those voting Aye being Crs. Andrus, Becker, Taylor, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:12:08 I. Public Comment
Mayor Krauss opened general public comment.
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No person spoke.
Mayor Krauss closed general public comment.
0:13:05 J. Mayoral Proclamation – In Appreciation and Memory of Joe Olsen, P.E.,
Montana Department of Transportation
Mayor Krauss presented a Mayoral Proclamation in appreciation and in memory of Joe Olsen,
P.E. who worked for the Department of Transportation and was on the Transportation
Coordinating Committee.
0:14:44 K. Special Presentation – Economic Development Update (Fontenot)
Economic Development Director Brit Fontenot gave the special presentation regarding the
Economic Development update. He introduced County Planners Sean O’Callahan and Tom
Rogers and City Planning Director Tim McHarg. Mr. O’Callahan and Mr. Rogers spoke
regarding the County's Economic Development Plan and the possibility of a partnership in
Economic Development. Mr. Fontenot spoke regarding other partnering opportunities.
Discussion took place regarding reviving the County board and possible composition. Mr.
McHarg spoke regarding park land downtown and impact fees. Mr. Fontenot spoke regarding
accomplishments with the Economic Plan. Discussion took place regarding the Capital
Improvements Plan, entry way corridors and planning processes.
0:55:46 L. Action Items
0:55:47 1. Public Hearing on Impact Fee Appeal No. 1102 from Norton Properties and
J&D Family Partnership, regarding procedural flaws in Impact Fee Credit Request No.
1101 - Request to Open and Continue by Applicant, (Continued from May 23rd) (McHarg)
0:55:56 Tim McHarg, Planning Director
Mr. McHarg stated that the applicant has asked that this item be moved to August 1st.
0:57:52 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:58:42 Motion that based upon the applicant's request, I move to open and continue the
public hearing on Impact Fee Appeal 1102 to a date approximate to August 1, 2011.
It was moved by Cr. Becker, seconded by Cr. Taylor that based upon the applicant's
request, I move to open and continue the public hearing on Impact Fee Appeal 1102 to a
date approximate to August 1, 2011.
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0:59:02 Discussion on the Motion
Mr. Sullivan spoke regarding advertisement and noticing protocol.
1:01:34 Friendly Amendment to the Main Motion to move the date from August 1st to
August 15th.
A friendly amendment to the Main Motion was made by Cr. Taylor, and seconded by Cr.
Becker to move the date from August 1st to August 15th.
1:02:00 Vote on the Motion that based upon the applicant's request, I move to open and
continue the public hearing on Impact Fee Appeal 1102 to August 15, 2011.
Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1:02:12 2. Memorandum of Understanding with Salar Properties, LLC (Arkell)
1:02:22 Rick Hixson, City Engineer
Mr. Hixson gave the staff report regarding the Memorandum of Understanding with Salar
Properties, LLC.
1:05:28Commission Questions for Staff
The Commission and Staff discussed the Memorandum of Understanding (MOU) and the best
efforts language in the MOU.
1:09:42 Representative of Salar Properties, LLC
A representative of Salar Properties, LLC gave the applicant presentation and accept the MOU as
it is drafted.
1:12:22 Commission Questions for the Applicant
The Commission and Applicant spoke regarding working with the City and the objectives of
Salar Properties, LLC.
1:14:57 Public Comment
Mayor Krauss opened public comment.
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1:15:14 Al Lien, Public Comment
Mr. Lien of 8507 Huffine Lane stated that he is the President of the West Gallatin Canal
Company and a share holder in the Farmer's Canal. He stated that they have signed letter of
intent and want to explore the Salar project. He came in support of the project.
1:18:44 Dan Triemstra, Public Comment
Mr. Triemstra of 2200 Durstan Road stated that he is representing the Farmers Canal Company
who do not intend to enter into an agreement with Salar Properties.
1:19:19 Public Comment closed
Mayor Krauss closed public comment.
1:19:46 Motion to authorize the City Manager to sign the revised Memorandum of
Understanding with Salar Properties, LLC.
It was moved by Cr. Taylor, seconded by Cr. Mehl to authorize the City Manager to sign
the revised Memorandum of Understanding with Salar Properties, LLC.
1:19:58 Discussion on the Motion
The Commission spoke regarding equal treatment, looking at alternatives and the welcoming of
other MOUs that are projects of this nature.
1:30:14 Vote on the Motion to authorize the City Manager to sign the revised
Memorandum of Understanding with Salar Properties, LLC.
Those voting Aye being Crs. Taylor, Andrus, Becker and Mayor Krauss.
Those voting No being Cr. Mehl.
The motion passed 4-1.
1:30:28 3. Reappointment to the Board of Ethics (Kissel)
1:30:46 Motion and Vote to appoint Melissa Frost to the Board of Ethics.
It was moved by Cr. Mehl, seconded by Cr. Andrus to appoint Melissa Frost to the Board
of Ethics.
Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
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1:31:05 4. Reappointments to the Tree Advisory Board (Kissel)
1:31:12 Motion to reappoint Mary Keck and Jennifer Weiss to the Tree Advisory Board.
It was moved by Cr. Mehl, seconded by Cr. Andrus to reappoint Mary Keck and Jennifer
Weiss to the Tree Advisory Board.
1:31:20 Discussion on the Motion
1:32:09 Vote on the Motion to reappoint Mary Keck and Jennifer Weiss to the Tree
Advisory Board.
Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1:32:15 5. Budget Work Session - Water and Sewer Fund Budgets/Rate Models
(Rosenberry)
1:32:24 Anna Rosenberry, Finance Director
Ms. Rosenberry gave the staff presentation regarding the Budget Work Session. She stated that
during this Budget Work Session, we’ll review the Water and Sewer Fund budgets for this year,
as well as an update of our 5-year rate model for each utility. Also, we will be discussing the
different assumptions and estimates that effect rates. Ms. Rosenberry pointed out the budget
discussion sheets including the rate models and a detailed deferred maintenance list. These
explain the following: The City Manager’s Recommended Budget described two options for
Water & Sewer rates (Option A and Option B), and since that budget was presented, we have
opened the bids on our Water Treatment Plant construction project.
1:36:00 Discussion and Presentation regarding Water Fund
Ms. Rosenberry and City Manager Chris Kukulski gave the staff presentation regarding the
Water Fund. The Commission and Staff discussed significant issues with the Water Fund along
with the 5 year rate options and the role of impact fees.
2:49:52 Break
Mayor Krauss declared a break.
3:05:33 Call back to order
Mayor Krauss called the meeting back to order.
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3:05:36 Discussion and Presentation regarding Wastewater Fund
Ms. Rosenberry and Mr. Kukulski gave the staff presentation regarding the Wastewater Fund.
The Commission discussed the previous rate analysis, significant issues in the Wastewater Fund,
the 5 year rate options and the role of impact fees.
3:26:55 6. Work Plan Update (Kukulski)
Mr. Kukulski spoke regarding the Work Plan update. A large part of this plan will be on next
week's agenda. Mr. Kukulski spoke regarding customer service.
3:29:18 M. FYI/Discussion
3:29:22 1. Cr. Mehl gone July 11th in Washington DC
3:30:36 2. Cr. Becker gone on August 1st and 15th
3:31:39 3. Cleanup Letter on Hold for Bridger Trailer Park
3:33:33 N. Adjournment
Mayor Krauss adjourned the meeting at 9:39 p.m.
____________________________________
Jeff Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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