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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 7, 2012
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The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
May 7, 2012. Present were Deputy Mayor Jeff Krauss, Commissioner Cyndy Andrus,
Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski,
Assistant City Manager Chuck Winn, Finance Director Anna Rosenberry, City At torney Greg
Sullivan, and City Clerk Stacy Ulmen.
*These minutes are not word for word and should be considered along with the audio recording.
A. Call to Order – 5:15 p.m. – Commission Room, City Hall, 121 North Rouse
B. Executive Session-Litigation Strategy
C. Litigation Strategy: Decision to Appeal Order on Motions for Summary Judgment
in City of Bozeman v. MMIA (Cause No. CDV.20120-395 (Montana 1st Judicial District)
*A separate set of minutes have been prepared for the Executive Session.
0:00:00 Attorney Beth O'Halloran, Retained Counsel
Ms. O'Halloran spoke regarding the Appeal Order on Motions for Summary Judgment in City of
Bozeman v. MMIA (Cause No. CDV.20120-395 (Montana 1st Judicial District). They affirmed
that MMIA did not have the responsibility under the interlocal agreement to reimburse on the
damages.
0:04:56 Questions for Staff
The Commission and Staff discussed having a City representative on the MMIA Board and the
effects of that, financial gain and the City's relationship with MMIA.
0:11:15 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
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Minutes of the Bozeman City Commission, May 7, 2012
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0:11:28 Motion to authorize legal counsel to appeal the order to the district court in City of
Bozeman V. MMIA and Government Entities Mutual and also to authorize the City
Manager to take all necessary steps to resolve the underlying dispute, including entering
into monetary settlement with all involved parties.
It was moved by Cr. Taylor, seconded by Cr. Mehl to authorize legal counsel to appeal the
order to the district court in City of Bozeman V. MMIA and Government Entities Mutual
and also to authorize the City Manager to take all necessary steps to resolve the underlying
dispute, including entering into monetary settlement with all involved parties.
0:12:02 Commission discussion on the Motion
The Commission discussed the long term concerns in terms of insurance.
0:14:13 Vote on the Motion to authorize legal counsel to appeal the order to the district
court in City of Bozeman V. MMIA and Government Entities Mutual and also to authorize
the City Manager to take all necessary steps to resolve the underlying dispute, including
entering into monetary settlement with all involved parties.
Those voting Aye being Crs. Taylor, Mehl, Andrus and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:14:34 Break
Deputy Mayor Krauss declared a break.
0:30:45 D. Call to Order Regular Meeting- 6 p.m.- Commission Room, City Hall, 121
Deputy Mayor Krauss called the regular meeting to order.
0:30:48 E. Pledge of Allegiance and a Moment of Silence
0:31:30 Welcome
Deputy Mayor Krauss welcomed everybody to the meeting.
0:31:44 F. Changes to the Agenda
Deputy Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the
Agenda. Mr. Kukulski spoke regarding Consent Item I. 8. Deputy Mayor Krauss stated that it
will be acted upon separately.
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0:32:24 G. Authorize Absence of Mayor Becker
0:32:29 Motion and Vote to authorize the absence of Mayor Becker.
It was moved by Cr. Mehl, seconded by Cr. Andrus to authorize the absence of Mayor
Becker.
Those voting Aye being Crs. Mehl, Andrus, Taylor and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:32:43 H. Minutes – March 26, 2012 and April 9, 2012
0:32:45 Motion and Vote to approve the minutes from March 26, 2012 and April 9, 2012.
It was moved by Cr. Andrus, seconded by Cr. Taylor to approve the minutes from March
26, 2012 and April 9, 2012.
Those voting Aye being Crs. Andrus, Taylor, Mehl and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:33:00 I. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign Water Pipeline and Access Easements needed to allow
expansion of the Resurrection Parish (Johnson)
3. Authorize City Manager to sign a Professional Architectural Services Agreement with
Bechtle Architects, Inc. in the amount of $14,085 for the 2012 Facilities Condition
Inventory for City owned buildings (Goehrung)
4. Authorize Mayor to sign a Letter Supporting a Flood Hazard study of Bozeman Creek and
its Tributaries by the Department of Natural Resources and Conservation (Hixson)
5. Accept the Building Inspection Division report for the Quarter ending March 31, 2012
(Risk)
6. Approve Depository Bonds and Pledged Securities as of March 31, 2012 (Clark)
7. Approve Resolution No. 4376, relating to General Obligation Refunding Bonds, Series
2012; authorizing the Issuance and Private Negotiated Sale thereof (Rosenberry)
0:33:04 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
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0:33:20 Motion and Vote to approve Consent Items 1-7.
It was moved by Cr. Taylor, seconded by Cr. Mehl to approve Consent Items 1-7.
Those voting Aye being Crs. Taylor, Mehl, Andrus and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:33:41 Consent Item. 8: Ratify City Manager's signature on a Contract Agreement with
Langlas & Associates in the amount of $37,469 for the Bogert Pool House Structural
Improvement Project (Goehrung)
0:33:42 Public Comment on Item I.8
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
0:34:02 Commission Discussion
The Commission discussed the useful life of the Bogert Pool, analyzing the structure and finding
that it has some structural issues, structural integrity, the age of the facility, events that could
harm the structure, the current building assessment program, the long term future of this facility,
code requirements, alternatives, ADA requirements along with safety and liability.
0:45:52 Motion to approve Consent Item I. 8.
It was moved by Cr. Mehl, seconded by Cr. Andrus to approve Consent Item I.8.
0:45:59 Discussion on the Motion
The Commission discussed improving the integrity and safety of the building, putting money
into an old structure and the roof.
0:50:41 Vote on the Motion to approve Consent Item I. 8.
Those voting Aye being Crs. Mehl, Andrus and Taylor.
Those voting No being Deputy Mayor Krauss.
The motion passed 3-1.
0:51:14 J. Public Comment
Deputy Mayor Krauss opened public comment.
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0:51:34 Steve Rodrick, Public Comment
Mr. Rodrick spoke regarding the Park User fees. He is a current user of parks and programming.
This has been well done by staff.
0:52:58 Will Swearingen, Public Comment
Mr. Swearingen of 502 South 6th Avenue spoke regarding the partial road closure at South 6th.
0:55:43 Public Comment closed
Mayor Krauss closed public comment.
0:55:43 K. Special Presentation – Federal Emergency Management Agency (FEMA)
Flood Insurance Rate Map (FIRM) Errors (Heaston)
Engineering Associate Brian Heaston gave a special presentation regarding Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Errors.
1:05:13 L. Action Items
1:05:24 1. Spring Creek Village Resort Minor Subdivision Preliminary Plat for
Amended Lot 4 located at the northwest intersection of Huffine Lane and Resort Drive,
Application No. P-12002 (Quasi Judicial) (Saunders)
1:05:40 Chris Saunders, Assistant Planning Director
Mr. Saunders gave the staff presentation regarding the Spring Creek Village Resort Minor
Subdivision Preliminary Plat for Amended Lot 4 located at the northwest intersection of Huffine
Lane and Resort Drive, Application No. P-12002.
1:08:09 Commission Questions
The Commission and staff spoke regarding the intent of the initial conditions.
1:12:14 Mike Delaney, Applicant
Mr. Delaney gave the applicant presentation regarding the Spring Creek Village Resort Minor
Subdivision Preliminary Plat for Amended Lot 4 located at the northwest intersection of Huffine
Lane and Resort Drive, Application No. P-12002.
1:13:15 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
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1:13:26 Motion that having reviewed the application materials, considered public comment,
and considered all the information provided, I hereby adopt the findings presented in the
staff report for #P-12002 and move to approve the preliminary plat application for the
Amended Plat for Lot 4, Minor Subdivision 295 as requested in Planning Application #P-
12002 authorizing placement of a plat note, subject to the conditions and code
requirements listed in the staff report.
It was moved by Cr. Andrus, seconded by Cr. Taylor that having reviewed the application
materials, considered public comment, and considered all the information provided, I
hereby adopt the findings presented in the staff report for #P-12002 and move to approve
the preliminary plat application for the Amended Plat for Lot 4, Minor Subdivision 295 as
requested in Planning Application #P-12002 authorizing placement of a plat note, subject
to the conditions and code requirements listed in the staff report.
1:14:10 Commission Discussion on the Motion
1:16:29 Vote on the Motion that having reviewed the application materials, considered
public comment, and considered all the information provided, I hereby adopt the findings
presented in the staff report for #P-12002 and move to approve the preliminary plat
application for the Amended Plat for Lot 4, Minor Subdivision 295 as requested in
Planning Application #P-12002 authorizing placement of a plat note, subject to the
conditions and code requirements listed in the staff report.
Those voting Aye being Crs. Andrus, Taylor, Mehl and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
1:16:39 2. Park User Fees Discussion (White)
1:17:07 Thom White, Cemetery Superintendent
Mr. White gave the staff presentation regarding the Park User Fees. He spoke regarding the
methodology behind the fees along with the user groups and percentages of direct costs.
1:28:22 Questions for staff
The Commission and Staff spoke regarding review of the fee schedule, the Bridger Ski
Foundation, parking, admissions into events and timing of venues.
1:39:40 Public Comment
Mayor Krauss opened public comment.
No person commented.
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Mayor Krauss closed public comment.
1:39:52 Motion to support staff's proposed method for assessing User fees for the purpose
of recovering a portion of the costs associated with the additional maintenance of a park or
facility required due to the activities and needs of User groups, beginning in the spring of
2013 with the fees being reevaluated each time an agreement is renewed or initiated.
It was moved by Cr. Taylor, seconded by Cr. Mehl to support staff's proposed method for
assessing User fees for the purpose of recovering a portion of the costs associated with the
additional maintenance of a park or facility required due to the activities and needs of User
groups, beginning in the spring of 2013 with the fees being reevaluated each time an
agreement is renewed or initiated.
1:40:24 Commission Discussion
The Commission discussed the approach that has been presented and methodology used at
arriving at the fees.
1:45:40 Vote on the Motion to support staff's proposed method for assessing User fees for
the purpose of recovering a portion of the costs associated with the additional maintenance
of a park or facility required due to the activities and needs of User groups, beginning in
the spring of 2013 with the fees being reevaluated each time an agreement is renewed or
initiated.
Those voting Aye being Crs. Taylor, Mehl, Andrus and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
1:46:03 Break
Mayor Krauss declared a break.
1:46:10 Meeting called back to order
Deputy Mayor Krauss called the meeting back to order.
1:46:24 M. Policy Discussion
1:46:23 1. Presentation of the Fiscal Year 2012-2013 City Manager’s Recommended
Budget (Rosenberry)
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1:46:26 Chris Kukulski, City Manager
Mr. Kukulski began the staff presentation of the Fiscal Year 2012-2013 City Manager’s
Recommended Budget.
1:47:39 Anna Rosenberry, Finance Director
Mr. Rosenberry highlighted items that are not currently in the budget. She spoke regarding the
judgment and the re-financing of the General Obligation Bonds. She spoke regarding the
schedule for upcoming budget discussions. The proposed budget is over $86 million. She spoke
regarding personnel, capital and infrastructure improvements, capital spending and investments,
large funding commitments including construction of the water treatment plant, the Police
Department, College Street construction project, water and sewer pipe replacement, staffing
levels, revenues, vacancies, estimated mills for general budget savings, inflation, taxable value
increases, priorities, capital expenditures, vehicle replacements, purchase of property, assessment
districts and implementation of the rate structure.
2:19:04 Questions for staff and Commission discussion
The Commission and Staff discussed the worth of a mill and the need to tell people what a levy
is, the assessed taxable value and a storm water utility.
2:40:52 Presentation continued
Ms. Rosenberry highlighted the estimated tax levy, the percentage of City tax, median numbers,
the amount that the City is levying, outside requests, special revenue funds and the timeline for
budget presentations and adoption.
2:59:34 Commission Discussion
The Commission discussed the general fund, the reserve amount, the concern of the proposed
rate increases, the need to look at capital, the judgment, Commission schedules, the interest
amount of the judgment and the amount of the reserve minimum.
3:30:37 N. FYI/Discussion
1. Alternatives for Insurance
The majority of the Commission agreed that insurance alternatives should be looked into.
2. South 6th barrier
Mr. Kukulski spoke regarding the traffic in this area. He is proposing to not remove the barriers.
Permanent removal of the barriers would take commission action.
3. MMCT/FOA Annual Institute
City Clerk Stacy Ulmen stated that the Clerk's will be at the annual institute next week.
4. Clerk's Office move
Ms. Ulmen stated that the Clerk's office is in the middle of relocating to the City Manager's
office upstairs at City Hall.
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5. Early start time for Budget Discussions
6. Suspension of Request for Qualifications to sell the parking lot.
Deputy Mayor Krauss spoke regarding his desire to add the possible suspension of the Request
for Qualifications to sell the parking lot on a future agenda.
3:42:34 O. Adjournment
Deputy Mayor Krauss adjourned the meeting at 9:52 p.m.
____________________________________
Jeff Krauss, Deputy Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________
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