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HomeMy WebLinkAbout01-23-12 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 23, 2012 The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, January 23, 2012. Present were Mayor Sean Becker, Commissioner Cyndy Andrus, Commissioner Jeff Krauss, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. These minutes are not word for word and should be considered along with the audio recording. 0:00:10 A. Call to Order—5 p.m. —Commission Room, City Hall, 121 North Rouse 0:00:10 B. Executive Session - Litigation Strategy The Mayor closed this meeting to the public pursuant to Sect. 2-3-203(4)(a), MCA, as the Mayor found the meeting involved a discussion of litigation strategy and an open meeting would have had a detrimental effect on the litigation position of the City. A separate set of confidential minutes has been prepared for the executive session. 0:00:10 C. Call to Order Regular Meeting—6 p.m. 0:00:10 D. Pledge of Allegiance and a Moment of Silence 0:00:20 E. Changes to the Agenda Mayor Becker asked if there were any changes to the agenda. 0:00:28 Chris Kukulski, City Manager Mr. Kukulski reported that item K 1. the joint meeting with the Community Affordable Housing Advisory Board is to be moved up to before the action items. He also pointed out that the first action item for a minor subdivision preliminary plat application should be identified as a quasi- judicial item. 0:02:46 G. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign a Professional Services Agreement with Morrison Maierle, Inc. for a 2012 Water Renovations Field Survey 1 of 12 Minutes of the Bozeman City Commission, January 23, 2012 (Murray) 3. Approve Buttrey's Solvent Site Cost Recovery payment in the amount of $5,140.42 (Cooper) 4. Accept the Building Division Monthly Report for December 2011 (Risk) 5. Appoint Mayor Becker and Commissioner Mehl to review depository bonds and pledged securities as of December 31, 2011 (Clark) 6. Reclaim Jurisdiction of a Change of Use and Certificate of Appropriateness with Deviation Request, Application No. Z-11288, Brown Building Restaurant at 600 North Wallace Avenue (Thorpe) 0.02:48 Motion and Vote to approve Consent Items G. 1-6 as submitted. It was moved by Cr.Andrus seconded by Cr. MehI to approve consent items G. 1-6 as submitted. Those voting Ave being Crs. Andrus Mehl Taylor and Mayor Becker. Those opposed being Cr. Krauss. The motion passed 4-1 with Commissioner_Krauss opposed to item 3. approvinz the Buttre 's Solvent Site Cost Recovery payment in the amount of S5,140.42. 0:03:40 Public Comment 0:03:44 Charlie Graff,Puhlic Comment Mr. Graff of 721 South Tracy spoke regarding the issue of water fluoridation in the city. He says it is really hydrofluorosilic acid and sodium silicate fluoride being added to the water which has not been fully tested for human consumption. Many cities and nations across the world have decided to remove this substance from the city water because of personal rights issues, the dosage cannot be controlled and no one knows for sure whether it is really safe or not. There are people really concerned that do not want to continue buying water with these substances in it. It is in our drinking water, showers and on our vegetables and clothing when we wash them. The city is wasting $35,000 a year on these chemicals that it does not need to spend. This is an issue we should all be concerned with. 0:05:35 Becky Franks, Public Comment Ms. Franks is a citizen of Bozeman and has applied for the City-County Board of Health. She applied for the board because she loves public health and has been an advocate of health for her whole career. She has served as a health professional, a prevention specialist and now as the Executive Director of the Cancer support community. Ms. Franks said it would be an honor to serve and support the people as a member of the City-County Board of Health. 0:07:51 Rick Gale Public Comment Mr. Gale has applied for the City-County Board of Health and spoke as to why she would make an excellent City-County Board of Health member. During the past five years Mr. Gale has been a public health advocate with a focus on tobacco prevention and implementing the clean indoor air act. He has had the privilege to address many different public health issues and spoke regarding partnerships he has developed during his tenor as a prevention program director for Gallatin County. 2of12 Minutes of the Bozeman City Commission, January 23, 2012 0:08:59 Public Comment Closed Seeing no further public comment, Mayor Becker closed public comment. 0:09:05 I. Special Presentations 0:09:07 1. Loss Control Award Presentation (John Cummings, Montana Municipal Interlocal Authority) 0:09:10 John Cummins Montana Munici pal Interlocal Authori MMIA Mr. Cummings from Helena explained that MMIA provides the worker's compensation coverage for the city of Bozeman. He said that Bozeman had the lowest claim rate out of all the first class cities and towns in the state of Montana. He presented the city of Bozeman with the 2010-2011 Loss Control Award. Mr. Cummings said this is one place where local government can control its expenditures directly through action towards its employees, enhancing safety through training and a safety culture. Since 2005 the city of Bozeman has reduced their rates by 40%through these efforts. 0:10:12 Chris Kukulski, City Manager Mr. Kukulski thanked all the employees for providing a quality job and serving the public while upholding a culture of safety. He said this is not the first time we have received this award and this does result in direct dollar savings and more importantly reducing injury rates. 0:11:30 2. Earned Income Tax Credit Outreach from the Human Resource Development Council (HRDC) (Tracy Menuez,HRDC) 0:11:32 Tracy Menuez,Human Resource Development Council Ms. Menuez explained that this January 27th is earned income tax outreach day. This tax season, your HRDC wants you to know that you can receive valuable free tax preparation assistance through the Volunteer Income Tax Assistance (VITA) program and AARP tax-aide Montana. At these sites, IRS certified volunteer tax preparer's work one-on-one you to help file your tax returns and ensure that you receive the tax credits for which you qualify. Tax credits through the Earned Income Credit and Child Tax Credit can help low and moderate income families cover day-to-day expenses and increase financial security. Visit the HRDC at www.thehrdc.org or www.montanafreefile.org for a list of free tax preparation sites near you. 0:12:44 3. Storm Water Annual Update (Johnson) 0:12:46 Dustin Johnson En ineerin Mr. Johnson provided the staff presentation on this item. Mr. Johnson explained the storm water permit issued by the Montana State Department of Environmental Quality (DEQ) requires an annual update to the City Commission. Mr. Johnson provided an overview of the storm water system saying phase 2 or MS4 is a discharge permit for our storm water and is intended to clean up storm water in the urban watershed. This can happen through things like public education and outreach, street sweeping, storm water sampling, mapping the system, etc. All seven major municipalities in the state have this permit. We are co-permitted with the University and the Department of Transportation. The city of Bozeman hosted a construction storm water training put on by the state DEQ. Recently there has been renewed interest of urban streams. Staff are also working with the Downtown Bozeman Partnership on redesigning the parking lot at Rouse 3of12 Minutes of the Bozeman City Commission, January 23, 2012 and Babcock to clean up the runoff. The newly founded Bozeman Creek Enhancement team is also working with Mr. Johnson and Mr. Dingman. The city was audited in the spring by the State DEQ. The city had eight commendable elements of our program including communication and cooperation with co-permittees. Sixteen program deficiencies were identified, most of which were documentation and tracking issues. They had twenty-three recommendations of improvement which included things like more public outreach. The audit found one permit violation, a deficiency in the mapping system. All the documents are available, but spread out in several different places. They would like to have this much more easily accessible on a GIS mapping system but acknowledged that this will take tremendous time and resources. The city will be submitting a work plan to the DEQ. On a staff level they have put together a Storm Water Action Committee which will start by putting together a storm water budget and capital plan to track actual costs of storm water which was previously placed into the streets budget. Moving ahead, they feel comfortable with the partnerships they are involved with. They are also looking at a few grants. 0:22:53 The Commission asked questions of staff. 0:34:07 LEED Silver Certification for City Hall Mr. Kukulski explained the City has officially received LEED Silver Certification for City Hail. Once the plaque arrives staff will present it to the Commission. 0:34:07 K. Policy Discussion 0:34:08 1. Joint Meeting with Community Affordable Housing Advisory Board for the Affordable Housing Needs Assessment Presentation and Discussion (McHarg) 0:35:20 Tim McHarg, Planning Director Mr. McHarg introduced consultants Peter and Daniel Werwath as well as Mary Martin, Tracy Menuez and Brian LaMeres with the Community Affordable Housing Advisory Board. CAHAB has been steering this process. The last housing needs assessment was prepared in 2003. The work has consisted of quantitative and qualitative analysis through a series of interviews and has had good participation through public meetings. Mr. McHarg introduced Peter Werwath and Daniel the consultants on the Needs Assessment 0:37:58 Peter Werwath Mr. Werwath provided a presentation on the Affordable Housing Needs Assessment recently completed by Werwath Associates. 0:57:13 The Commission began questions for staff and consultant Peter Werwath, 1:06:18 Mr. Werwath Mr. Werwath began speaking regarding recommendations into the future. Just a few mentioned included stepping up the pre-purchase counseling and mortgage assistance. HRDC feels they could go after some additional federal or state money for this program. Home repair grant money has been very difficult to spend. One of the suggestions is that the city might take a more active role in state policies regarding how these monies are disbursed. Rental construction can be encouraged through the low income housing tax credit program. In addition, the city could take a more active role in getting some of the rental rates lower through tax credits, endorsements and 4of12 Minutes of the Bozeman City Commission, January 23, 2012 incentives. Mr. Werwath reported many non-profits in the community have done their part in recent years for housing for special populations but they see a desperate need for short term transitional housing for those leaving shelters and victims of domestic violence. The consultants would also recommend continued suspension of the work force housing ordinance. 1:25:46'Tracy Men uez,Human Resource Development Council HRDC Ms. Menuez spoke regarding the need for housing for low income level individuals that are over paying out of their income for housing and how important it will be to get low income housing tax credit program. 1:26:47 The Commission began discussion with staff and the consultant. 1:26:54 Mr. McHarg Mr. McHarg explained the second phase of the study would need to be authorized. A lot of the discussion now and going forward will be how to take these specific action items and implementing steps. 1:28:45 Mr. Werwath Mr. Werwath explained that part of the plan should include some capacity enhancements. 1:36:58 Public Comment Mayor Becker opened public continent. 1:37:14 Jerry Pape,Public Comment Mr. Pape of 15 North 25th spoke regarding his experiences with the actual costs of rent in Belgrade and Bozeman. He said the rent for a 1500 sq. foot or smaller 3 bedroom home is $275 to $375 a bedroom. The cost of office space is also relevant to this issue and access to a regular report of these statistics would be helpful. He also mentioned issues that arise because there are vast discrepancies in cost across different areas within town. He would suggest that the consultants prepare a rental report in conjunction with the Gallatin Association of Realtors or others in the field. 1:39:43 Public Comment Closed Seeing no further public comment, Mayor Becker closed public comment. 1:39:50 The Commission continued discussion on this item. 1:41:58 Mr. Werwath Mr. Werwath said they would appreciate any feedback from public officials or the public regarding the draft of the community affordable housing report. 1:42:41 Break Mayor Becker called for a break. 1:57:58 Mayor Becker called the meeting back to order after a break. 1:57:58 J. Action Items 5of12 Minutes of the Bozeman City Commission, January 23, 2012 1:57:59 1. Huemfner Minor Subdivision Preliminary Plat Application No. P- 11006 (Skelton) 1:58:18 David Skelton, Planning Department Mr. Skelton provided the staff presentation on this quasi judicial hearing. 2:05:36 Chris Budeski, on behalf of the applicant Mr. Budeski of 895 Technology Blvd apologized on behalf of applicant Mike Huempfner for not being at the hearing this evening. Mr. Budeski then gave the applicant presentation on this item saying the applicant finds all the conditions of approval acceptable. 2:06:36 Public Comment Mayor Becker opened public comment. Seeing none, Mayor Becker closed public comment. 2:06:49 Motion and Vote that havinLy reviewed application materials considered Publi c comment and all information provided, I herebX adopt the findings in the staff report and move to approve the Preliminary Plat application for the Huempfner Minor Subdivision as requested in application no. P-11006 authorizing to subdivide 8.939 acres and create two industrial/commercial lots,_sub_iect to the conditions Iisted in the staff report. It was moved by Cr. Krauss seconded by Cr. Mehl that havin reviewed application materials considered public comment and all information provided, I hereby adopt the findin s in the staff report and move to approve the preliminary Plat application for the Huem fncr Minor Subdivision as requested in application no. P-11006 authorizing to subdivide 8.939 acres and create two industrial/commercial lots sub'ect to the conditions listed in the staff report and noting that this is only the sixth application this year. Those voting Ave being Crs. Krauss, Mehl, Taylor,„Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:07:51 2. Carnegie Parcels Request for Proposals (Fontenot) 2:07:55 Brit Fontenot, Economic Development Director Mr. Fontenot provided the staff presentation on this item. 2:13:16 The Commission began questions for staff. 2:18:49 Public Comment Mayor Becker opened public comment. 2:19:00 Jerry Pape,Public Comment Mr. Pape of 15 North 25th spoke regarding putting the cart before the horse as he does not see a large market for a large downtown hotel. Mr. Pape spoke regarding the hospitality industry struggling. He would suggest a broader view of jobs equals housing. The role of this property should be consistent new job growth for the whole community. He would also suggest that whatever the Commission decides, parking should be integral to the building. 6of12 Minutes of the Bozeman City Commission, January 23, 2012 2:22:18 Ashley Ole Public Comment Ms. Ogle of Kenyon Noble said she is in favor of a hotel downtown but would prefer to see it on a private parcel available downtown. She is opposed to the Carnegie Parking Lot being sold for a downtown hotel. Downtown businesses feel this parking lot is necessary for business. She feels the parking study that was done downtown was flawed. She also said there are other private parcels downtown that are available for development. Ms. Ogle is in favor of option seven, to halt the process and remove the RFP altogether. 2:24:40 Steve Rodderick, Public Comment Mr. Rodderick of 111 East Mendenhall spoke regarding surplus. His personal review is that parking on that lot is quite busy. Going forward in relationship to the RFP and changing it would be in violation of what was developed in some of these proceedings that this lot was excess. To offer any incentives or savings to someone outside seems odd. If we are going to offer these savings we should offer it to those already within the community. 2:28:22 Chris Naumann, Public Comment Mr. Naumann, Executive Director of the Downtown Bozeman Partnership and a member of the Parking Commission said he would encourage the Commission to consider keeping a downtown hotel high on their priority list. This process has raised awareness that the Commission and Community are interested in a downtown hotel being developed. Mr. Fontenot's recommendation accomplishes several things. 2:31:20 Public Comment Closed Seeing no further public comment, Mayor Becker closed public comment. 2:31:26 Commission discussion on the item. 2:54:56 Motion to delay publishing the request for proposal and direct staff to develop an RFO within approximately thirty days and release it upon completion. It was moved by Cr. Mehl, seconded by Cr. Taylor to delay publishing„ the„request for proposal and direct staff to develop an RFQ within approximately thirty days and release it upon completion. 2:55:55 Motion amended to require coming back before the Commission. It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the main motion to require coming back before the Commission. 2.56:13 Discussion on the amendment to the main motion. 2:59:38 Vote on the amendment to the main motion to require coming back before the Commission. Those votine Ave being Cr. Taylor. Those votina No bein2 Cr. Andrus Krauss Mehl and Mayor Becker. The motion failed 1-4. 7 of 12 Minutes of the Bozeman City Commission, January 23, 2012 3:00:06 Discussion on the main motion. 3:09:19 Vote on the main motion to delay publishing the request for proposal and direct staff to develop an RFO within a]2proximately thirty days and release it upon completion. Those voting Ave being Crs.Mehl Taylor, Andrus and Mayor Becker. Those voting No bein2 Cr. Krauss. The motion passed 4-1 with Cr. Krauss opposed. 3:09:47 3. Award of Contract for Recreation and Aquatic Facility Feasibility Study (Dingman) 3:10:12 Ron Dingman, Parks and Recreation Superintendent Mr. Dingman provided the staff presentation on this item. 3.15:35 The Commission began questions for staff. 3:29:03 Public Comment Mayor Becker opened public comment. 3:29:25 Steve Rodderick, Public Comment Mr. Rodderick of 111 East Mendenhall said he has invested in the community in any way that can be viable. He is all for kids and programming and he has spent a lifetime trying to find ways to do that with a complicated agenda. Aquatic opportunities could use some improvement and have higher demand than supply. He has passed on the research that has been done in the past with the Ridge Athletic Club and Bozeman Deaconess. He would like to help wherever he can and would like as much information as possible. 3:33:10 Public Comment Closed Mayor Becker closed public comment. 3:33:16 Motion to authorize the City manager to si n a contract with Comma Architecture to conduct a recreational/aquatics feasibility study. It was moved by Cr. Taylor, seconded by Cr. Andrus to authorize the City mana er to sign a contract with Comma 0 Architecture to conduct a recreational/aquatics feasibility study, 3:33:38 Discussion on the motion. 3:38:32 Suspension of the rules of procedure. Mayor Becker suspended the rules of procedure until 10:20 p.m. to allow the meeting to continue past ten o'clock. 3:47:41 Amendment to main motion to strike $4,000 for an assessment of existing facilities. It was moved by Cr. Mehl seconded by Cr. Krauss to strike S4,000 for an assessment of existing facilities. 8of12 Minutes of the Bozeman City Commission, January 23, 2012 3:48:42 Discussion on the amendment to the main motion. 3:55:35 Rules of Procedure Suspended. Mayor Becker suspended the rules of procedure for 15 minutes to allow the meeting to continue. 4:07:07 Vote on the amendment to the main motion to strike $4,000. for an assessment of existing facilities. Those voting Ave being none. Those votinE No bein2 Cr. Mehl Krauss Taylor, Andrus and Mayor Becker. The motion failed 0-5. 4:07:32 Amendment to the main motion to remove the poll from the contract). It was moved by Cr. Krauss seconded by Cr. Mehl to amend the main motion to remove the poll from the contract). 4:08:45 Discussion on the amendment to the main motion. 4:12:55 Motion and Vote to suspend the meeting until 11 p.m It was moved by Cr. Krauss seconded by Cr. Taylor to suspend the meeting until 11 p.m. Those voting A e being Crs. Krauss Ta for Mehl and Mayor Becker. Those voting No being Cr. Andrus. The motion passed 4-1 with Cr. Andrus opDosed. 4:13:20 Vote on the amendment to the main motion to remove the poll. Those voting Ave being Crs. Krauss, Mehl and Andrus. Those voting No being Cr. Taylor and Mayor Becker. The motion passed 3-2 with Cr. Taylor and Mayor Becker opposed. 4:13:54 Vote on the main motion as amended to authorize the Citv manager to sign a contract with Comma Q Architecture to conduct a recreational/a uatics feasibility stud removing the poll. Those voting Ave beine Crs. Taylor, Andrus, Mehl and Mayor Becker. Those votina No bein Cr. Krauss. The motion passed 4-1 with Cr. Krauss opposed. 4:14:27 4. (Re)Appointmcnts to the City-County Board of Health (Kissel) 4:15:00 Motion and Vote to re-appoint Burk Kni hton as the joint ciq-countv representative to the City-County Board of Health. It was moved by Cr. Taylor, seconded by Cr. Andrus to re-apipoint Burk Knighton as the joint city-county representative to the Cit-y-County Board of Health. 9of12 Minutes of the Bozeman City Commission, January 23, 2012 Those votine Ave being Crs. Ta for Andrus Krauss Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 4:15:50 Public Comment Mayor Becker opened public comment. 4:16:05 Brian Leland, Public Comment Mr. Leland spoke regarding his eleven year tenure on the City-County Board of Health as the city representative. He was appointed because a citizen representative was thought to be helpful regarding problems with the functions of the health department concerning restaurants. Since then he has spent a lot of time dealing with a whole variety of issues with the board. He has taken a lot of time to make connections to deal with these issues on an informed basis. He would appreciate the Commissions vote to be reappointed to the board. 4:17:44 Public Comment Closed Seeing no further public continent, Mayor Becker closed public comment. 4:17:49 Discussion on the issue. 4:19:03 Motion to aDpoint Becky Robideaux Franks to the City-County Board of Health. It was moved by Cr. Taylor, seconded by Cr. Andrus to appoint Becky Robideaux Franks to the City-County Board of Health. 4:19:25 Discussion on the motion. 4:22:07 Vote on the motion to appoint Becky Robideaux Franks to the City-County Board of Health. Those voting Ave being Crs. Taylor, Andrus, Mehl and Mayor Becker. Those voting No being Cr. Krauss. The motion passed 4-1 with Cr. Krauss opposed. 4:23:27 5. Appointments to the Economic Development Council (Kissel) 4:23:57 Public Comment Mayor Becker opened public comment. 4:24:10 Jerry Pape, Public Comment Mr. Pape of 15 North 25th is an applicant for the Council. He said he is a go getter and if that is what the Council needs he is the right fit. Mr. Pape said he has been involved in a variety of projects and is a freelance specialist in economic development. 4:26:07 Cr. Mehl Cr. Mehl thanked Chris Westlake for his dedicated service as the chair for the past several years 10 of 12 Minutes of the Bozeman City Commission, January 23, 2012 to the Economic Development Council and also thanked Wendy Bay Lewis who is stepping down for now. 4:26:07 Public Comment Closed Mayor Becker closed public comment. 4:26:44 Discussion on the item. 4:27:02 Mr. Klein has withdrawn his application. 4.27:25 Motion and Vote to a oint Teresa McKnight to the Economic Development Council. It was moved by Cr. Mehl seconded by Cr. Taylor to appoint Teresa McKni ht to the Economic Development Council. Those voting A e being Crs, Mehl Taylor,Andrus Krauss and Mayor Becker. Those voting No beinz none. The motion passed 5-0. 4:29:03 Motion to nominate John Hoagland to the Economic Development Council. It was moved by Cr. Mehl, seconded by Cr. Taylor to nominate John Hoa lund to the Economic Development Council. 4:29:37 Cr. Krauss Cr. Krauss spoke regarding the motion and then disclosed that John Hoagland donated to his campaign for Mayor. He also spoke to the need for a sense of exigency with economic development. 4:33:12 Vote on the motion to appoint John Hoa land to the Economic Development Council. Those voting Ale being Crs. Mehl Taylor, Andras Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 4:33:40 6. Appointments to the Senior Citizens' Advisory Board (Kissel) 4:33:47 Motion and Vote to appoint Bernie Warwood and Kathryn Quinn McBee to the Senior Citizens Advisory Board. It was moved by Cr. Mehl seconded by Cr. Krauss to appoint Bernie Warwood and Kathryn Quinn McBee to the Senior Citizens Advisory Board. Those voting Aye being Crs. Mehl Krauss Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 11 of 12 Minutes of the Bozeman City Commission, January 23, 2012 4:34:20 L. FYI/Discussion 4:34:32 L Update to the Hands Free Ordinance City Attorney Greg Sullivan provided an update to the Ordinance banning use of hand held cell phones while driving. The Bozeman police department issued 18 warnings for this over the weekend and did note seeing a reduction in cell phone use by citizens while driving. 4:35:26 2. Draft Agenda for the Commission Retreat Mr. Kukulski provided a draft agenda for the upcoming Commission retreat. 4:36:41 3. Items /Objectives to be included in the work plan Mayor Becker asked that Commissioners forward to staff items or objectives they would like to see in the upcoming work plan ahead of time if possible. 4:37:01 4. Downtown Bozeman Plan Mayor Becker emphasized he would like the storm water utility and Downtown Bozeman Plan included in the goals. 4:37:30 M. Adjournment Mayor Becker adjourned the meeting at 11:02 p.m. L / AA ATTEST: OF B Q can A. Becker, Mayor Stacy me x;IcM Ier1C PREPA 3 `` �nDeuttyy Ai ee Kissel City Cler c Approved on 12 of 12