HomeMy WebLinkAbout06-25-12 Minutes, City Commission 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 far 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. I 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.
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Minutes of the 8ozemon City Commission Meeting,June 25,2012
It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to approve the Executive
Session Minutes from April 16 2012.
Those voting Ave being Cr. TayIor, 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 Pope,Public Comment
Mr. Pape spoke regarding Consent Item 9.
0:06:24 Public comment closed
Mayor Becker closed public comment.
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Minutes of the Bozeman City Commission Meeting,June 25,2012
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 votina A e 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&
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Minutes of the Bozeman City Commission Meeting,June 25,2012
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 Zonina Variance application Z-12103 as described in the staff report omittin
condition no. 13 and subicct to the conditions therein, based on a fiindin2 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 Ave being Crs. Mehl,Andrus, Taylor, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
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Minutes of the Bozeman City Commission Meeting,June 25,2012
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
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Minutes of the Bozeman City Commission Meeting,June 25,2012
conditional use permit and certificate of appropriateness with conditions and subject to all
applicable code provisions.
Those voting Ave 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.
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Minutes of the Bozeman City Commission Meeting,June 25,2012
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
Plavaround 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 Ave 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.
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Minutes of the Bozeman City Commission Meeting,June 25,2012
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 Ave 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 Ave 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 votin2 Ave 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 CommunicationslAdmin 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 CommunicationslAdmin Assistant.
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Minutes of the Bozeman City Commission Meeting,June 25,20,72
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 Ave 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 Ave 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.
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Minutes of the Bozeman City Commission Meeting,Dune 25,2012
2:25:46 Discussion on the Amendment
2:43:25 Friendly Amendment to the Amendment to leave 5172,000 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 5172,000 in the amount
allocated towards the Bogert Pool.
Those voting Ave 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.
3:03:5 8 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.
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Minutes of the Bozeman City Commission Meeting,June 25,2012
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
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Minutes of the Bozeman City Commission Meeting,June 25,2012
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 Ave being, Crs. Mehl,Andrus, Taylor, Deputy Mayor Krauss and Mayor
Becker.
Those votin2 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.
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Minutes of the Bozeman City Commission Meeting,June 25,2012
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
I. 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
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Minutes of the Bozeman City Commission Meeting,June 25,2012
4:54:541 Adjournment
Mayor Becker adjourned the meeting at 10:58 p.m.
F B
Al Sean Becker,Yayor
ATTEST:
tl •
Stacy Ulm e , ,`
c°. P883
PREPARED BY: '` r-
Stacy Ulmen, CMC City rk
Approved on
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