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HomeMy WebLinkAbout08-08-11_City_Commission_minutes_ak[1]1 of 12 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 8, 2011 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, August 8, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, City Attorney Greg Sullivan, Finance Director Anna Rosenberry and Deputy City Clerk Aimee Kissel. These minutes are not word for word and should be considered along with the audio recording. 0:00:19 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse 0:00:22 B. Pledge of Allegiance and Moment of Silence 0:01:37 C. Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski reported he was not aware of any changes. 0:01:43 D. Minutes - Regular and Executive Session minutes from June 20, 2011 and regular minutes from June 27, 2011 0:01:49 Motion and Vote to approve the regular and executive session minutes from June 20, 2011 and the regular minutes from June 27, 2011. It was moved by Cr. Taylor, seconded by Cr. Andrus to approve the regular and executive session minutes from June 20, 2011 and the regular minutes from June 27, 2011. Those voting Aye being Crs. Taylor, Andrus, Mehl, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:02:06 E. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize City Manager to sign Notice of Award for the Lower Yards Paving Project, Schedule 1 to Big Sky Asphalt in the amount of $58,987.44 (Kerr) Bozeman City Commission Minutes for August 8, 2011 2 of 12 3. Authorize City Manager to sign Interlocal Agreement for Biosolids and Green Waste Disposal and Management for Beneficial Reuse with the Gallatin Solid Waste Management District Board and the City of Bozeman (Arkell) 4. Approve Depository Bonds and Pledged Securities as of June 30, 2011 (Clark) 5. Approve payment of $9,060.36 for the Buttrey's Solvent Site Cost Recovery (Cooper) 0:02:46 Public Comment Mayor Krauss opened public comment on consent items. Seeing no public comment, Mayor Krauss closed public comment on consent. 0:02:46 Motion to approve consent items E. 1-5 as listed. It was moved by Cr. Andrus, seconded by Cr. Mehl to approve consent items E. 1-5 as listed. Those voting Aye being Crs. Andrus, Mehl, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:03:15 F. Public Comment Mayor Krauss opened general public comment. 0:03:41 Wayne Erbanus, Public Comment Mr. Erbanus of 402 Bonner Lane spoke to both the increase in water and wastewater rates as well as community climate action plan implementation. He feels these items should not be dealt with separately and asked who is taking on the role of water conservation in the community and asked where the city sits with leadership roles. He would challenge the city to look at reduction in water usage. The climate action plan is not ambitious enough without a strong water conservation component. 0:07:16 Wendy Weaver, Public Comment Ms. Weaver of 3748 Bungalow Lane asked the Commission to lend budgetary support for the community climate action plan above and separate from what is being provided for the municipal plan and asked that it be placed as a high priority by the City. 0:08:00 Bill Fiedler, Public Comment Mr. Fiedler of 242 Cottonwood spoke regarding concerns about proposed increases in water and sewer rates. Mr. Fiedler said the City government has a few primary responsibilities such as police and fire, planning, maintenance of roadways and fresh water and treatment of wastewater with all other projects secondary. Mr. Fiedler feels that taxes paid are first and foremost meant to cover these four items and when taxes are raised to pay for other types of items, the government has misused tax money. Bozeman City Commission Minutes for August 8, 2011 3 of 12 0:11:08 Kathleen Wright, Public Comment Ms. Wright of 501 South 3rd thanked the Mayor and Commission for their past efforts towards Community Climate Action. She finds it really promising that our community has stepped up to find viable ways to reduce our use of energy and to decrease the long term expenses of energy, improving our community for future generations. She would ask that the commission support the community climate action plan and implementation of the plan. Ms. Wright stated these plans deserve to be funded in the upcoming budget and urged that they please prioritize this in the budget. 0:13:38 G. Mayoral Proclamation - September: Thriving Community Month 0:13:43 Mayor Krauss Mayor Krauss read the Proclamation out loud urging everyone to support families and children this September and recognizing the valuable programs offered by Thrive, Inc. to help support families. 0:15:23 H. Action Items 0:15:27 1. Public Hearing on Impact Fee Appeal No. 1102, regarding procedural flaws in Impact Fee Credit Request No. 1101, consideration of waiving Criterion 5 regarding Timing of Application for Credits and consideration of holding a Public Hearing to amend the Water and Transportation Impact Fee Capital Improvement Programs (Saunders) (opened and continued from May 23, 2011 and June 20, 2011) 0:15:58 Chris Saunders, Planning Department and Impact Coordinator Mr. Saunders provided the staff presentation on this item. 0:19:03 Commission questions for staff. 0:26:13 Tom Henesh, Big Sky Land Consulting on behalf of Norton Properties and the J & D Family Partnership Mr. Henesh provided the applicant presentation on this item. 0:28:49 Commission questions for the applicant. 0:31:00 Joe Billion, Applicant Mr. Billion spoke regarding his long term relationship with the City on this project. 0:35:14 Public Comment Mayor Krauss called for public comment. No person commented. Mayor Krauss closed public comment. 0:35:33 Motion that having heard and considered the evidence and public testimony, I move to waive criterion 5, timely request for impact fee credit request 1101 and direct staff to advertise a public hearing to consider amending the street and water impact fee capital Bozeman City Commission Minutes for August 8, 2011 4 of 12 improvement programs to include the items in impact fee credit request 1101 and direct the applicant to provide actual cost of work evidence in support of requested amounts. It was moved by Cr. Mehl, seconded by Cr. Becker that having heard and considered the evidence and public testimony, I move to waive criterion 5, timely request for impact fee credit request 1101 and direct staff to advertise a public hearing to consider amending the street and water impact fee capital improvement programs to include the items in impact fee credit request 1101 and direct the applicant to provide actual cost of work evidence in support of requested amounts. 0:36:18 Discussion on the motion. 0:46:06 Vote on the motion that having heard and considered the evidence and public testimony, I move to waive criterion 5, timely request for impact fee credit request 1101 and direct staff to advertise a public hearing to consider amending the street and water impact fee capital improvement programs to include the items in impact fee credit request 1101 and direct the applicant to provide actual cost of work evidence in support of requested amounts. Those voting Aye being Crs. Mehl, Becker, Taylor, Andrus, and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:46:38 2. Public Hearing and possible approval of Resolution No. 4327, including a 5% increase to Water Rates effective on September 1, 2011 and a 5% increase on September 1, 2012 (Rosenberry) 0:46:59 Anna Rosenberry, Finance Director Ms. Rosenberry provided the staff presentation on this item. 0:53:32 The Commission asked questions of staff. 1:03:59 John Alston, Water and Sewer Superintendent Mr. Alston answered questions from the Commission. 1:26:08 Debbie Arkell, Director of Public Services Ms. Arkell spoke to the public comment received earlier in the meeting regarding current water consumption and the factors that influence that number. 1:27:42 Break Mayor Krauss called for a ten minute break. 1:28:20 Back to Order Mayor Krauss called the meeting back to order at 7:46 p.m. Bozeman City Commission Minutes for August 8, 2011 5 of 12 1:28:38 Ms. Rosenberry Ms. Rosenberry spoke to how the rate models work and provided additional information about the options available to the Commission on this item. 1:31:37 Rick Moroney, Water Treatment Superintendent Mr. Moroney answered questions from Mayor Krauss explaining the city’s water conservation efforts. 1:33:55 John Alston Mr. Alston spoke about new water meters that collect 9 days of data allowing users to detect leaks and prevent backflow. He also spoke further about how the city currently addresses water consumption issues. 1:36:37 Public Comment Mayor Krauss opened public comment. 1:36:47 Susan Bealo, Public Comment Ms. Bealo of 885 Brookdale Drive spoke to an earlier comment that leaking toilets are the number 1 indoor waste of water adding that landscaping watering is the largest waste of water overall. She would urge the Commission and citizens to work on water conservation regarding landscaping. 1:38:26 Public comment closed. Seeing no further public comment, Mayor Krauss closed public comment. 1:38:38 Motion to approve Resolution No. 4327, which includes a 5% increase to water rates effective September 1, 2011 and a 5% increase on September 1, 2012. It was moved by Cr. Becker, seconded by Cr. Taylor to approve Resolution No. 4327, which includes a 5% increase to water rates effective September 1, 2011 and a 5% increase on September 1, 2012. 1:40:10 Friendly amendment to the main motion to change the increase to 4.5%. Cr. Becker made a friendly amendment to his motion asking that the increase be changed from 5% to 4.5%. Cr. Taylor agreed with the friendly amendment. 1:40:29 Commission discussion on the motion. 1:50:04 Vote to approve Resolution No. 4327, which includes a 5% increase to water rates effective September 1, 2011 and a 5% increase on September 1, 2012 with a friendly amendment to change the increase to 4.5%. Those voting Aye being Crs. Becker, Taylor, Andrus, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. Bozeman City Commission Minutes for August 8, 2011 6 of 12 1:50:21 3. Public Hearing and possible approval of Resolution No. 4328, including a 7% increase to Wastewater Rates effective on September 1, 2011 and a 7% increase on September 1, 2012 (Rosenberry) 1:50:37 Anna Rosenberry, Finance Director Ms. Rosenberry provided the staff presentation on this item. 1:54:04 Commission questions for staff. 1:56:43 Motion and Vote to approve Resolution No. 4328, changing the rate increase to a 6% increase to wastewater rates effective September 1, 2011 and a 6% increase on September 1, 2012. It was moved by Cr. Taylor, seconded by Cr. Andrus to approve Resolution No. 4328, which includes a 6% increase to wastewater rates effective September 1, 2011 and a 6% increase on September 1, 2012. Those voting Aye being Cr. Taylor, Andrus, Mehl, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 1:57:32 Mr. Kukulski Mr. Kukulski announced that the sewer treatment plant project is wrapping up and recognized staff such as Bob Murray and Thom Adams and Montana contractor, Williams Brothers, HDR and Morrison-Maerle who working together saved millions of dollars that could have needed to be spent on that project. 1:58:46 I. Work Session 1:58:51 1. General Fund Budget Work Session (Rosenberry) 1:59:27 Anna Rosenberry, Finance Director Ms. Rosenberry provided the staff presentation on this item. 2:04:04 Mr. Kukulski Mr. Kukulski emphasized the need to keep capital equipment projects for the Swim Center and Bogert pool within the budget as they have both had recent capital equipment failures that shut them down. 2:04:06 Discussion began between staff and the Commission. 2:04:49 Ms. Rosenberry Ms. Rosenberry spoke regarding police officer positions and then went into funding for the cemetery perpetual care fund. 2:06:12 Ms. Rosenberry Ms. Rosenberry spoke regarding the top seven capital items within the general fund. Bozeman City Commission Minutes for August 8, 2011 7 of 12 2:07:40 Ms. Rosenberry Ms. Rosenberry went into further detail regarding the general fund budget. 2:14:55 Mayor Krauss Mayor Krauss began questions regarding the certified taxable values and how appeals will affect that number now and next year. 2:22:29 Ms. Rosenberry Ms. Rosenberry spoke regarding vacancy savings from the police department and suggestions for additional cuts from the general fund budget. 2:25:52 Mayor Krauss Mayor Krauss began a discussion with staff and the Commission regarding police vacancy savings and how they will be accounted for within the budget. 2:28:41 Ron Price, Chief of Police Mr. Price answered questions from the Commission regarding staffing levels needed and savings from vacancies. 2:36:39 Ms. Rosenberry Ms. Rosenberry continued her presentation speaking regarding tiers 2 and 3 on the proposed cuts list. 2:37:19 Cr. Taylor Cr. Taylor began questions and discussion regarding the cemetery perpetual care fund. 2:40:52 Mayor Krauss Mayor Krauss asked questions and began discussion regarding the proposed library budget savings going into the libraries capital reserve fund. 2:50:26 Ms. Rosenberry Ms. Rosenberry spoke regarding outside requests for funding from the general budget which includes Streamline, TechRanch and the Spay and Neuter Task Force and the request brought forward from the City Attorney for the ongoing Victim's Witness Program. 2:50:58 Greg Sullivan, City Attorney Mr. Sullivan spoke regarding the request for annual funding from the City towards the partnered Victim's Witness Program with the County and a reduction in funding from the Montana Board of Crime Control for this program. He spoke in further detail regarding the request and what the combined money would be used for. 2:55:31 Mr. Kukulski Mr. Kukulski confirmed that TechRanch has withdrawn their request for funding at this time because they are currently in transition. Bozeman City Commission Minutes for August 8, 2011 8 of 12 2:58:04 Marty Lambert, Gallatin County Attorney Mr. Lambert thanked the city staff for prudently handling surcharge monies, making it possible to enhance the program without using general fund money for victims witness advocacy. There are seven courts in the Law and Justice Center with only three advocates making it difficult at times to offer mandatory services to crime victims. The fourth advocate to be hired will help a great deal. Combining resources between the City and the County allows both to provide better services. This program is successful due in large part to the partnership between the City and County. Funding from grants may be less in the future and partnerships help make up the difference. 3:01:58 Mr. Sullivan Mr. Sullivan explained further details regarding the request for this program. 3:02:11 Cr. Mehl Cr. Mehl asked questions and began further discussion on this item. 3:03:51 David Kack, Chairman of the Human Resource Development Council Board of Directors Mr. Kack thanked the City Commission for the support they have provided and spoke regarding the partnerships that have been necessary for the success of Streamline. Streamline has grown from about 75,000 rides in the first year to over 230,000 rides this year, with the 1 millionth ride happening in November. MSU accounts for about 56% of ridership. This year Streamline will have half hour frequency during peak hours of 7-9 and 4-6 p.m. They have also had increases in maintenance costs. This puts them at about a $40,000 deficit with these changes. Despite that, they are moving ahead with hope that the City will become part of the partnership. This issue ties into the climate action plan. ASMSU has provided additional funding for a tracking system that will be available on the website allowing riders to have the ability to text from a bus stop to determine timing for the bus. 3:08:01 Cr. Andrus Cr. Andrus began questions and discussion about Streamline. 3:14:10 Public Comment Mayor Krauss opened public comment. 3:14:51 Susan Bealo, Public Comment Ms. Bealo, 855 Brookdale Drive spoke as a volunteer for the Spay and Neuter Task Force and would respectfully request that the funds requested be placed in the budget as the money will be very well spent and spoke regarding what important community events the Spay and Neuter Task Force puts on. 3:16:20 Seeing no further public comment, Mayor Krauss closed public comment. Bozeman City Commission Minutes for August 8, 2011 9 of 12 3:16:32 Cr. Mehl Cr. Mehl began questions for staff on general fund accounting. 3:20:34 Cr. Mehl Cr. Mehl asked that the City Manager come back to the Commission with additional budget cut suggestions. 3:21:00 Cr. Andrus Cr. Andrus also asked for more suggestions for tier 1 budget cuts. 3:21:34 The Commission and staff continued discussion regarding budget cuts. 3:23:34 Mayor Krauss Mayor Krauss discussed his position on the budget and would also like to see further budget cuts. 3:27:41 Mr. Kukulski Mr. Kukulski provided information about Resolution 4265 regarding the library fund. 3:29:48 Cr. Becker Cr. Becker spoke regarding his views regarding the general fund budget and asked for more detail on specific items and provided specific direction on a number of issues. 3:33:37 Cr. Taylor Cr. Taylor spoke regarding his views on the general fund budget. 3:36:12 Mayor Krauss Mayor Krauss spoke regarding being nervous about the amount of the minimum reserve. 3:37:50 Mayor Krauss suspended the rules of procedure for 30 minutes to allow the meeting to extend beyond 10 p.m. 3:37:58 2. Community Climate Action Plan Implementation (Meyer) 3:38:33 Natalie Meyer, Community Climate Action Plan Coordinator Ms. Meyer provided the staff recommendation for implementing this plan. 3:59:58 The Commission began questions for staff. 4:08:14 Mayor Krauss suspended the Rules of Procedure for another 15 minutes to allow the meeting to proceed. 4:14:33 Public Comment Mayor Krauss opened public comment. Bozeman City Commission Minutes for August 8, 2011 10 of 12 4:14:45 Rob Evans, Public Comment Mr. Evans from the South West Montana Building Industry Association (SWMBIA) spoke regarding resources available with the SWMBIA Green Building meetings that is market based and highly educated in their considerations. Please see the SWMBIA website to see when they meet. 4:15:24 Scott Bischke, Public Comment Mr. Bischke of 3940 Graf Street thanked the Commission for adopting both the Municipal and Community Plans. He also spoke regarding the Importance that Ms. Meyer has played in this issue and he appreciates all the work that has been done. He also expressed appreciation for the City Manager and Finance Director who have a difficult job balancing the budget. Mr. Bischke would also strongly advocate putting forth funding that is needed to continue to support both plans. 4:18:19Mayor Krauss suspended the Rules of Procedure for a bit longer to allow the meeting to proceed. 4:18:28 Kathy Powell, Public Comment Ms. Powell of 1213 South 3rd spoke on behalf of the League of Women Voters commending the Mayor and Commissioners and Task Force for what they have done. She then encouraged the City to implement the Community action plan, move forward with a permanent advisory board, and add to the budget for community outreach. They also feel the coordinator position is critical. The League of Women Voters feels energy production and energy conservation will provide the most bang for the buck with this issue. Ms. Powell ended by saying climate action is a very important priority for the League of Women Voters and would ask that the Mayor and Commission stay serious about this issue and take action. 4:21:17 Catherine Weeden, Public Comment Ms. Weeden of 2155 Lomas Drive acknowledged that it is obvious that the Commission has been very supportive of the need for action to reduce carbon emissions. With talk about debt we are leaving to our children, the climate mess will be even more of a burden to them. She knows this is a balancing act with the budget, but her fear is that the staffing we have now for this is tenuous. Ms. Weeden hopes the Commission will be sure not to let this happen and provide adequate funding in the budget for the moderate expenses proposed. In the proposal, the major share of reduction will happen in energy production and she hopes that will be implemented as soon as possible. 4:23:44 Dan Stevenson, Public Comment Mr. Stevenson of 3009 Westridge Drive commended Council and staff for sticking with this issue in a year in which it would be easy to ignore. The most important thing he sees after the initial planning effort is the need for continuity of planning and implementation. Mr. Stevenson said whether or not there are resources for additional staff, he would recommend moving Bozeman City Commission Minutes for August 8, 2011 11 of 12 forward with the conservation advisory board as well as the suggested early stage implementation. 4:25:16 David Kack, Public Comment Mr. Kack of 7007 Jackson Creek Road, said he and Dan Stevenson have worked on the Community Climate Action Plan for Montana State University. He emphasized the importance of partnerships. There are lots of resources within the community and this is a regional issue. Mr. Kack said it is Important to focus on implementation and keeping the momentum going. 4:27:03 Public Comment Closed. Seeing no further public comment, Mayor Krauss closed public comment. 4:27:21 Cr. Taylor Cr. Taylor said he would like the City Manager to come back before the final budget adoption with a scenario funding an additional .5 full time employee to be devoted to the Community Climate Action Plan. He would also like to see education pieces moved up in the timeline including the benchmarking, commercial commissioning and perhaps move up ideas regarding coordinating with others. 4:28:35 Cr. Andrus Cr. Andrus said that in addition to what Cr. Taylor said, Cr. Andrus would like specific dollar amounts needed for some of the implementation items figured and when those would be implemented in 2012. She would also like the advisory board appointed and have suggestions from staff on who might be on it and what that might look like. 4:29:15 Cr. Mehl Cr. Mehl referred to the matrix (policy and pace) and the budget. He would like to see all the budget money into the general fund pooled together. Cr. Mehl hopes we can fund a full time employee for this, this year. That would allow us to get running with one person in charge. He would also support an advisory board. He would also be interested in prioritizing education and competitions. He would encourage staff to look at plastic bags and anti-idling. Streamline and bicycling are also important. 4:33:58 J. FYI/Discussion 4:34:07 1. Peach Street going west is now being used as two lanes. Mayor Krauss reported seeing a driver use the new bike land parking lane on Peach Street going west as a second lane. He would recommend a bike lane stripe. 4:34:46 2. Pork chop at Highland and Ellis Mayor Krauss reported he read an article today regarding not removing the pork chop at Highland and Ellis. He would encourage us to remove this as it has been a long time complaint. Bozeman City Commission Minutes for August 8, 2011 12 of 12 4:35:23 3. Meeting with ASMSU Senate Mayor Krauss spoke regarding setting up a September meeting to speak with the Associated Students of Montana State University Senate. They are interested in buses, recycling and using the parking garage to park overnight and use the bus after drinking. 4:35:54 4. Gallatin County Emergency Plan Deputy City Clerk Aimee Kissel announced that she and Ms. Ulmen had provided to the Commission a disc with the Gallatin County Emergency Plan which would be coming to the Commission August 22nd. 4:36:43 K. Adjournment Mayor Krauss adjourned the meeting at 10:58 p.m. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen CMC, City Clerk PREPARED BY: _____________________________________ Aimee Kissel, Deputy City Clerk Approved on __________________________.