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HomeMy WebLinkAbout06-25-12 Draft Minutes_4Page 1 of 14 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 25, 2012 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, June 25, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner Chris Mehl, Commissioner Cyndy Andrus, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, City Finance Director Anna Rosenberry, City Attorney Greg Sullivan, and City Clerk Stacy Ulmen. *These minutes are not word for word and should be considered along with the audio recording. 0:00:03 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Becker called the meeting to order at 6:03 p.m. 0:00:05 B. Pledge of Allegiance and a Moment of Silence 0:00:44 C. Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated that Item H. 1 is a Quasi Judicial item and was not identified on the agenda as a Quasi Judicial item. 0:01:20 D. Public Service Announcement 0:01:32 1. City Offices Closed July 4, 2012 (Ulmen) City Clerk Stacy Ulmen gave the Public Service Announcement regarding the July 4th City Office closure. 0:02:40 2. Fireworks Safety (Police Sergeant Travis Munter) Sergeant Munter gave the Public Service Announcement regarding Fireworks safety. 0:04:52 E. Minutes – Executive Session Minutes from April 16, 2012 0:04:58 Motion and Vote to approve the Executive Session Minutes from April 16, 2012. 33 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 2 of 14 It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to approve the Executive Session Minutes from April 16, 2012. Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:05:15 F. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize City Manager to sign Notice of Award to Knife River in the amount of $354,467.50 for 2012 Street Improvements (Kerr) 3. Authorize writing off Stale-Dated Checks & Past-Due Non Sufficient Fund Receivables from the City’s General Accounting Ledger (LaMeres) 4. Approve cancelling the meeting of Monday, July 2, 2012 (Ulmen) 5. Approve Resolution No. 4385, Authorizing Participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender Option Municipal Finance Consolidation Act Bonds (INTERCAP REVOLVING PROGRAM), Approving the Form and Terms of the Loan Agreement and Authorizing the Execution and Delivery of Documents Related Thereto (Rosenberry) 6. Approve City Manager’s Signature on the Promissory Note, Loan Agreement, and Draw Certificate No. 1 with the Board of Investments of the State of Montana, for financing the reconstruction of South 8th Avenue (Rosenberry) 7. Finally Adopt Ordinance No. 1831, Establishing a Stormwater Utility and Amending Chapter 40, Article 4 of the Bozeman Municipal Code (Winn) 8. Authorize Mayor Becker’s signature on a letter of support from the City of Bozeman urging Attorney General, Steve Bullock to reconsider the Mortgage Foreclosure Misconduct Settlement Plan for the State of Montana along with asking the State of Montana to partner with the City of Bozeman and the Human Resource Development Council (HRDC) in their existing housing and foreclosure efforts (Ulmen) 9. Approve the content and spirit of the Armory Hotel project letter of support from the City of Bozeman and direct staff to prepare the letter for signatures (Fontenot) 0:05:15 Public Comment Mayor Becker opened public comment. 0:05:38 Jerry Pape, Public Comment Mr. Pape spoke regarding Consent Item 9. 0:06:24 Public comment closed Mayor Becker closed public comment. 34 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 3 of 14 0:06:29 Motion and Vote to approve Consent items F. 1-9 as submitted. It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to approve Consent items F. 1-9 as submitted. Those voting Aye being Deputy Mayor Krauss, Crs. Mehl, Andrus, Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:06:50 G. Public Comment Mayor Becker opened general public comment. 0:07:22 Jay Bently, Public Comment Mr. Bentley stated that he owns the Mint in Belgrade and is considering putting a business down town. He commended the City for making downtown a desirable place to be. He spoke regarding food trucks. 0:10:45 Cory Lawrence, Public Comment Mr. Lawrence thanked the Commission for the discussion on the Armory. He spoke regarding timelines. 0:12:30 Ellie Staley, Public Comment Ms. Staley stated that she is from the Bozeman Downtown partnership. She spoke regarding the food trucks including the working group as a starting block and a possible fee structure. 0:15:42 Public comment closed Mayor Becker closed public comment. 0:15:43 H. Action Items 0:15:45 1. Bridger Brewing Company Conditional Use Permit and Zoning Variance to allow tenant improvement of a lease space in the Town & Country Foods building at 1607 – 1611 South 11th Avenue for a restaurant and Brewery Use, Application No. Z-12103 (Bristor) 0:16:29 Allyson Bristor, Associate Planner Ms. Bristor gave the staff presentation regarding the Bridger Brewing Company Conditional Use Permit and Zoning Variance to allow tenant improvement of a lease space in the Town & 35 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 4 of 14 Country Foods building at 1607 – 1611 South 11th Avenue for a restaurant and Brewery Use, Application No. Z-12103. 0:21:32 Questions for Staff The Commission and staff spoke regarding hours of operation. 0:23:05 Applicant Presentation The applicant presented their presentation and spoke regarding landscaping and the hours. 0:24:42 Commission questions for applicant The Commission and applicant spoke regarding the square footage and concurrence with the conditions. 0:26:18 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 0:26:35 Motion to approve the Conditional Use Permit and Zoning Variance application Z- 12103 as described in the staff report omitting condition no. 13 and subject to the conditions therein, based on a finding of compliance with all applicable criteria. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the Conditional Use Permit and Zoning Variance application Z-12103 as described in the staff report omitting condition no. 13 and subject to the conditions therein, based on a finding of compliance with all applicable criteria. 0:27:11 Commission Discussion on the Motion 0:28:50 Vote on the Motion to approve the Conditional Use Permit and Zoning Variance application Z-12103 as described in the staff report omitting condition no. 13 and subject to the conditions therein, based on a finding of compliance with all applicable criteria. Those voting Aye being Crs. Mehl, Andrus, Taylor, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 36 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 5 of 14 0:29:06 2. Pizza Campania On Premise Consumption of Alcohol Conditional Use Permit Certificate of Appropriateness, Application No. Z-12100, located at 1285 N. Rouse Avenue (Quasi-Judicial) (Krueger) 0:29:34 Brian Krueger, Planning Associate Mr. Krueger gave the staff presentation regarding the Pizza Campania on Premise Consumption of Alcohol Conditional Use Permit Certificate of Appropriateness, Application No. Z-12100, located at 1285 N. Rouse Avenue 0:33:13 Commission questions for staff 0:33:17 Applicant presentation William Butler gave the Applicant presentation regarding the Pizza Campania on Premise Consumption of Alcohol Conditional Use Permit Certificate of Appropriateness, Application No. Z-12100, located at 1285 N. Rouse Avenue. 0:33:51 Commission questions for Applicant 0:34:04 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 0:34:18 Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application #Z-12100 and move to approve the conditional use permit and certificate of appropriateness with conditions and subject to all applicable code provisions. It was moved by Cr. Andrus, seconded by Cr. Taylor that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application #Z-12100 and move to approve the conditional use permit and certificate of appropriateness with conditions and subject to all applicable code provisions. 0:34:40 Discussion on the Motion 0:35:51 Vote on the Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application #Z-12100 and move to approve the 37 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 6 of 14 conditional use permit and certificate of appropriateness with conditions and subject to all applicable code provisions. Those voting Aye being Crs. Andrus, Taylor, Deputy Mayor Krauss, Cr. Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:36:08 3. Resolution No. 4383, Appropriating Funds for various Budget Units and further estimating revenue necessary to operate and maintain services of Municipal Government for the Fiscal Year ending June 30, 2013 (Rosenberry) 0:36:49 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation regarding Resolution No. 4383, Appropriating Funds for various Budget Units and further estimating revenue necessary to operate and maintain services of Municipal Government for the Fiscal Year ending June 30, 2013. 0:45:43 Questions for Staff The Commission and Staff discussed the general obligation bonds, property taxes and Bogert Pool. 0:49:40 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 0:50:41 Motion to approve Resolution No. 4383, Appropriation Resolution for the Fiscal Year Ending June 30, 2013. It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to approve Resolution No. 4383, Appropriation Resolution for the Fiscal Year Ending June 30, 2013. 0:51:17 Discussion on the Motion The Commission spoke regarding the tax base, the judgment, the Bogert pool, sustainability, vacant officer positions and battalion chiefs. 1:05:00 Amendment to remove the Professional Building Parking lot lights. It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to remove the Professional Building Parking lot lights. 38 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 7 of 14 1:05:32 Commission discussion on Amendment 1:06:57 Vote on the Amendment to remove the Professional Building Parking lot lights. Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 1:07:10 Amendment to remove the Jarrett Park Playground Equipment from the budget. It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to remove the Jarrett Park Playground Equipment from the budget. 1:07:23 Commission discussion on the Amendment 1:12:41 Vote on the Amendment to remove the Jarrett Park Playground Equipment from the budget. Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 1:13:03 Amendment to not fund Battalion chiefs this year. It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to not fund Battalion chiefs this year. 1:13:21 Discussion on the Amendment 1:38:26 Amendment to the Amendment to hire one Battalion chief to start April 2013. It was moved by Cr. Mehl, seconded by Cr. Andrus to hire one Battalion chief to start April 2013. 39 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 8 of 14 1:39:34 Discussion on the Amendment to the Amendment 1:48:37 Vote on the Amendment to the Amendment to hire one Battalion chief to start April 2013. Those voting Aye being Crs. Mehl, Andrus and Taylor. Those voting No being Deputy Mayor Krauss and Mayor Becker. The motion passed 3-2. 1:50:01 Vote on the Amendment to not fund Battalion chiefs this year.( Items A and B in red box). Amended to take out three Battalion Chiefs and then add back in 1 Battalion Chief in the months of April, May and June of 2013. Those voting Aye being Crs. Mehl, Andrus and Taylor. Those voting No being Deputy Mayor Krauss and Mayor Becker. The motion passed 3-2. 1:50:24 Amendment to fund the vacant officer positions. It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to fund the vacant officer positions. 1:51:08 Discussion on the Amendment 2:09:29 Vote on the Amendment to fund the vacant officer positions. Those voting Aye being none. Those voting No being Deputy Mayor Krauss, Crs, Mehl, Andrus, Taylor and Mayor Becker. The motion failed 0-5. 2:09:53 Amendment to cut the Communications/Admin Assistant and to cut C. the Communications/Admin Assistant. It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to cut the Communications/Admin Assistant and to cut C. the Communications/Admin Assistant. 40 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 9 of 14 2:10:16 Discussion on the Amendment 2:16:43 Vote on the Amendment to cut the Communications/Admin Assistant (#10 in the blue box) and to cut C. the Communications/Admin Assistant (in the red box) Those voting Aye being Deputy Mayor Krauss, Crs. Mehl and Taylor. Those voting No being Cr. Andrus and Mayor Becker. The motion passed 3-2. 2:17:21 Amendment to add back in the E-discovery software. It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to add back in the E- discovery software. 2:17:36 Discussion on the Amendment 2:20:54 Amendment pulled to add back in the E-discovery software. Deputy Mayor Krauss pulled his amendment to add back in the E-discovery software. 2:22:33 Amendment to cut the unmarked police vehicle from the budget $35,500. It was moved by Cr. Andrus, seconded by Deputy Mayor Krauss to cut the unmarked police vehicle from the budget $35,500. 2:23:12 Discussion on the Amendment 2:24:47 Vote on the Amendment to cut the unmarked police vehicle from the budget $35,500. Those voting Aye being Cr. Andrus, Deputy Mayor Krauss, Crs. Mehl, Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:25:29 Amendment to remove the $482,000 designated for the Bogert Pool from the budget for this year. It was moved by Cr. Taylor, seconded by Cr. Mehl to remove the $482,000 designated for the Bogert Pool from the budget for this year. 41 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 10 of 14 2:25:46 Discussion on the Amendment 2:43:25 Friendly Amendment to the Amendment to leave $172,000 in the amount allocated towards the Bogert Pool. Cr. Taylor stated a friendly amendment to leave $172,000 in the amount allocated towards the Bogert Pool. 2:45:22 Vote on the Amendment to remove the $482,000 designated for the Bogert Pool from the budget for this year. Friendly amendment to leave $172,000 in the amount allocated towards the Bogert Pool. Those voting Aye being Crs. Taylor, Mehl, Andrus, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:46:06 Break Mayor Becker declared a break. 3:03:58 Back to order Mayor Becker called the meeting back to order. 3:04:04 Ms. Rosenberry Ms. Rosenberry spoke regarding the list of cuts that the Commission made. She spoke regarding the remainder of the budget adoption process. 3:07:10 Commission discussion The Commission spoke regarding the recent letter received from Haven, the animal shelter, the taxable value and gross amount of taxes. 3:17:20 Vote on the Main Motion as amended to approve Resolution No. 4383, Appropriation Resolution for the Fiscal Year Ending June 30, 2013 Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 42 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 11 of 14 3:18:04 Mr. Kukulski Mr. Kukulski recognized Finance Director Anna Rosenberry for a recent award received. 3:19:06 5. Provisional Adoption of Ordinance No. 1833, amending Bozeman Municipal Code (BMC) Section 2.03.540, related to gifts, gratuities and favors and amending BMC Section 2.03.600.A.14, related to attendance at the Charter required annual ethics training (Sullivan) 3:19:51 Greg Sullivan, City Attorney Mr. Sullivan along with Board Member Chris Caraway gave the staff presentation regarding the Provisional Adoption of Ordinance No. 1833, amending Bozeman Municipal Code (BMC) Section 2.03.540, related to gifts, gratuities and favors and amending BMC Section 2.03.600.A.14, related to attendance at the Charter required annual ethics training. 3:26:31 Commission Questions for Staff The Commission and staff spoke regarding task forces and the requirement for ethics training, 3:32:14 Continued staff presentation 3:39:05 Commission questions for staff The Commission and staff spoke regarding the threshold amount and scenarios along with official capacity positions. 4:03:42 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 4:04:24 Motion to provisionally adopt Ordinance No. 1833 as proposed by the Board of Ethics and incorporate the suggested amendments to 2.03.600.A.14 incorporated in a memorandum dated June 25, 2012 from City Attorney Sullivan. It was moved by Cr. Mehl, seconded by Cr. Andrus to provisionally adopt Ordinance No. 1833 as proposed by the Board of Ethics and incorporate the suggested amendments to 2.03.600.A.14 incorporated in a memorandum dated June 25, 2012 from City Attorney Sullivan. 4:05:05 Commission discussion on the Motion 43 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 12 of 14 4:05:55 Vote on the Motion to provisionally adopt Ordinance No. 1833 as proposed by the Board of Ethics and incorporate the suggested amendments to 2.03.600.A.14 incorporated in a memorandum dated June 25, 2012 from City Attorney Sullivan. Those voting Aye being Crs. Mehl, Andrus, Taylor, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 4:06:14 6. Working Group Recommended Alternatives for the Regulation of Mobile Food Vendors (Krueger) 4:06:37 Brian Krueger, Planning Associate Mr. Krueger gave the staff presentation regarding the Working Group Recommended Alternatives for the Regulation of Mobile Food Vendors. 4:09:56 Commission questions for Staff The Commission and staff spoke regarding if nothing was done, numbers of mobile food vendors and cost of parking spaces. 4:14:57 Public Comment Mayor Becker opened public comment. 4:15:13 Nick Bryce, Public Comment Mr. Bryce of 20 East Garfield voiced his support for the work that has been done. He has issues in re3gards to gravel lots and would prefer not to have a policy for gravel lots. 4:18:33 Hans Zeck, Public Comment Mr. Zeck of 1128 East Babcock spoke regarding the benefits of food trucks. 4:20:43 Bob Fletcher, Public Comment Mr. Fletcher stated that he owns 3 businesses on Main Street. He spoke regarding his concern of losing parking spaces all of the time. 4:24:43 Jay Boski, Public Comment Mr. Boski 2966 Unit B, Wordal Way stated that he is a food truck operator. He spoke regarding the setbacks. 4:26:56 Dennis Davis, Public Comment Mr. Davis stated that he supports what the working group has come up with. 44 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 13 of 14 4:28:48 Public Comment closed Mayor Becker closed public comment. 4:29:03 Motion and Vote to extend the meeting 25 minutes. It was moved by Cr. Mehl, seconded by Cr. Andrus to extend the meeting 25 minutes. Those voting Aye being Crs. Mehl, Andrus and Taylor. Those voting No being Deputy Mayor Krauss and Mayor Becker. The motion passed 3-2. 4:29:45 Commission discussion The Commission discussed noise mitigation, idling, length of vehicles, public parking spaces, setbacks, prior behavior of some food trucks downtown, downtown areas and outdoor seating areas, the right of way downtown permissions, fees, the process of notifying people of the working group meetings, signage and late night services. 4:48:05 7. Parking Commission Appointment (Kissel) 4:48:09 Motion and Vote to approve the appointment by Mayor Becker of Ryan Olson to the Parking Commission. It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to approve the appointment by Mayor Becker of Ryan Olson to the Parking Commission. Those voting Aye being Deputy Mayor Krauss, Crs. Mehl, Andrus, Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 4:48:29 I. FYI/Discussion 1. Armory A request was made to clarify a prior motion from a prior Commission Meeting related to the Armory. The Commission will review the prior motion on this issue and determine if it should be brought back on an agenda. 2. Commission Packets 45 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 14 of 14 4:54:54 J. Adjournment Mayor Becker adjourned the meeting at 10:58 p.m. ____________________________________ Sean Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________ 46