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HomeMy WebLinkAbout01-07-13 Draft Minutes1 of 7 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 7, 2013 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, January 7, 2013. Present were Mayor Sean Becker, Commissioner Cyndy Andrus, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, City Attorney Greg Sullivan and Deputy City Clerk Aimee Brunckhorst. 0:00:13 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse 0:00:17 B. Pledge of Allegiance and a Moment of Silence 0:01:01 C. Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda. 0:01:04 Chris Kukulski, City Manager Mr. Kukulski responded that he would like to add a public service announcement introducing Steve Worthington, Community Development Director Interim. 0:01:48 Chris Kukulski, City Manager Mr. Kukulski introduced Steve Worthington the interim Community Development Director. 0:02:08 Steve Worthington, Interim Community Development Director Mr. Worthington thanked the commission for inviting him to work with the city over the next few months. Mr. Worthington said he is looking forward to working with staff and helping them to achieve the priorities the city manager has shared with him. He explained he has about 30 years of local government management and private management experience as well. He has been a Community Development Director as well as six years as a city manager. 0:03:03 D. Authorize Absence of Deputy Mayor Krauss. 0:03:04 Motion and Vote to authorize the absence of Deputy Mayor Krauss. It was moved by Cr. Taylor, seconded by Cr. Mehl to authorize the absence of Deputy Mayor Krauss. 17 Bozeman City Commission Minutes, January 7, 2013 2 of 12 Those voting Aye being Taylor, Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 4-0. 0:03:31 E. Minutes - December 10th, December 17th and December 28th, 2012 0:03:36 Motion and Vote to approve the minutes of December 10th and the executive session minutes of December 17, 2012. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the minutes of December 10th and the executive session minutes of December 17, 2012. Those voting Aye being Crs. Mehl, Andrus, Taylor and Mayor Becker. Those voting no being none. The motion passed 4-0. 0:03:54 F. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize issuance of a Call for Projects from local non-profits and similar community service providers interested in applying for a Community Development Block Grant through the City from the Montana Department of Commerce (Stocks) 3. Authorize Mayor to sign Community Transportation Enhancement Program (CTEP) Project Specific Agreement with Montana Department of Transportation (Johnson) 4. Approve Resolution No. 4427, Authorizing City Manager to sign the Bozeman Water Reclamation Facility, Phase 1 Improvements, Change Order No. 11 (Murray) 5. Approve a Liquor License Special Permit for BridgerCare to sell beer and wine at the Emerson Cultural Center for a fundraising event on February 15, 2013 (Neibauer) 0:03:56 Public Comment on Consent Mayor Becker called for public comment on consent. No person commented. Mayor Becker closed public comment. 0:04:12 Motion and Vote to approve Consent Items F. 1-5 as submitted. It was moved by Cr. Andrus, seconded by Cr. Taylor to approve Consent Items F. 1-5 as submitted. Those voting Aye being Crs. Andrus, Taylor, Mehl and Mayor Becker. Those voting No being none. The motion passed 4-0. 0:04:31 G. Public Comment Mayor Becker opened general public comment. 18 Bozeman City Commission Minutes, January 7, 2013 3 of 12 0:04:45 Blake Maxwell, Public Comment Mr. Maxwell asked the City of Bozeman to write and enact city wide gun ordinances like those of Weston, Connecticut. He provided details about the Ordinances that they enacted and spoke further about maintaining responsible gun regulations. 0:06:55 Public Comment Closed Seeing no further general public comment, Mayor Becker closed public comment. 0:06:59 I. Action Items 0:07:13 1. Presentation of the Recreation and Aquatics Facilities Feasibility Study 0:07:37 Mitch Overton, Parks and Recreation Director Mr. Overton began the staff presentation on this item. 0:08:39 Craig Bouck, President of Barker, Rinker, Seacat Architecture Mr. Bouck began the presentation with an introduction of the team which consists of himself, Ken Ballard from Ballard King & Associates, local partner Ben Lloyd with Comma Q Architects, Doug Whitaker from Water Technology and lastly the survey company, Leisure Vision (no representative present). Mr. Bouck provided background on the process the team used to conduct the feasibility study, touched on the highlights of the market analysis, explained how they conducted the public input sessions and the data collected from them, talked about the survey results and the options and associated cost estimates they came up with after the community meetings and collecting all the data. 0:18:16 Ken Ballard, Ballard King & Associates Mr. Ballard began his portion of the presentation explaining that they identified three potential service areas and the demographics in those areas to help determine demands. He provided a summary of what was currently available in the market place and then presented some of the opportunities and challenges the city is facing. Mr. Ballard then spoke regarding the focus groups and community meetings the team conducted. 0:25:00 Craig Bouck Mr. Bouck continued the presentation explaining how the community focus groups and meetings were conducted and then how the results were compiled and used to create first and second priorities and support spaces. Mr. Bouck explained how these results came out. Mr. Bouck then announced he was ready to present information about the survey results. 0:31:24 Commissioner Mehl Commissioner Mehl asked Mr. Bouck questions about the validity of the survey prior to presenting the survey results. He said he had asked the pollster in July about the possibility of response bias problems inherent in mail surveys. Cr. Mehl said his questions were never answered by the pollster or at the community meeting he attended and he asked about survey validity again. 0:32:53 Mr. Ballard Mr. Ballard spoke regarding the process of developing the survey methodology. 19 Bozeman City Commission Minutes, January 7, 2013 4 of 12 0:32:53 Commissioner Mehl and Mr. Ballard further discussed the survey methodology used and whether the methodology is valid. 0:41:22 Cr. Mehl Commissioner Mehl expressed his disappointment that his validity questions regarding the survey have not been answered and he does not have any confidence that the survey results are accurate or reflective of the average Bozeman citizen. 0:42:17 Mayor Becker Mayor Becker said he would allow the presenters to proceed with the survey results and said he feels the data trended the same direction through each part of the process. He then asked the presenters about their experience conducting these types of studies. 0:43:28 Mr. Ballard Mr. Ballard spoke to the experience of his company and the rest of the team and about the intent of the study to provide options. Mr. Ballard presented the survey results. 1:02:49 Mr. Bouck Mr. Bouck spoke regarding community meeting number two and summarized the comments received. He also began explaining the options the team is proposing and how those options evolved during the community process. 1:31:02 Mayor Becker Mayor Becker began questions for the study team. 1:31:58 Cr. Mehl continued questions. 1:33:02 Cr. Andrus Cr. Andrus continued questions for the study team. 1:35:14 Cr. Taylor Cr. Taylor asked questions. 1:57:12 Public Comment Mayor Becker opened public comment. 1:57:40 Steve Roderick, Public Comment Mr. Roderick of 4181 Fallon expressed his appreciation for the time taken to meet with him and his team and other recreational businesses throughout the term of the study. He also commended the city staff, especially Chuck Winn and Mitch Overton for their professional communication throughout the process. Mr. Roderick said he would like to be able to support the city's goals, particularly as he came to understand the goals through the conversation. These would include the needed upgrade to our aquatic resources done in such a way that the city will not go into competition with private businesses that provide jobs and support the city's tax base. He spoke regarding his avid support of public recreation and youth sports. He spoke regarding the options presented and supporting those options that uphold the original goals. Mr. Roderick urged the Commission to amend the motion and recommend that the options presented be edited to be consistent with the original intentions of improved aquatic facilities and work with the 20 Bozeman City Commission Minutes, January 7, 2013 5 of 12 Recreation and Parks Advisory Board to develop proposals for affordable upgrades to the city's aquatic resources in a manner that is consistent with the original intent. He spoke regarding his pride of being part of the business community and what is most important to him. 2:01:11 Tom Duffy, Public Comment Mr. Duffy of 850 Candlelight Drive thanked the Commission and everyone involved in the study. He said he is a business owner in the Gallatin County and a third generation Bozemanite. Mr. Duffy feels that some of the options that were presented tonight double up services that are already offered and easily accessible to the community by public and private enterprises in Bozeman. He then spoke about residual funds to operate and upkeep an aquatics facility. A new public facility may force a private enterprise to shut down and lower city tax revenue. Mr. Duffy would urge the Commission to let the private sector process work and fulfill the needs as they arise. He would also urge the Commission to keep the original scope of the plan to maintain and upgrade the current facilities. 2:04:04 Larry Aasheim, Public Comment Mr. Aashiem of 115 Watercolor Court said he has been very involved in all sorts of projects over his 55 years in Bozeman. He is part owner of the Ridge and said the impact on private facilities would be great. He does not understand why the city would want to compete with private sector. He spoke regarding the time, money and energy that has been invested into the community and asked the Commission to consider that when making their decision. He said they would support the aquatics side. 2:05:27 Mike Daugherty, Public Comment Mike Daugherty, President of the Bozeman Masters Club spoke to the number of meets that can happen and the importance of a 25 yard pool. He said about 40% of the state's masters swimmers live in Bozeman, but said Bozeman cannot host a masters meet. The short course season is about 70 to 80% of all competitions. The impact of being able to host these meets on the economy would be significant. 2:07:22 John Soderberg, Public Comment Mr. Soderberg of 2400 Durston Road, Unit 10, said he swims regularly at the swim center and Bogert Pool and said he is a member of the YMCA board. He said he joined the board because he realized how much Bozeman lacks a community recreation center. It is not a fitness center or swim center, it is a space focused on building community that anyone can afford. Mr. Soderberg spoke regarding three YMCA recreation centers he has been involved in and how they become sharing centers for community oriented people. The YMCA knows how to continue developing leadership and responsibility. He supports private industry but he does not think they are serving the population and the programs such as parenting, obesity and parenting classes that a community recreation center would serve. This would increase jobs. Mr. Soderberg feels there is room enough in Bozeman to combine resources and serve all of the community. 2:11:05 Bill Bennett, Public Comment Mr. Bennett of 549 Pony Way, spoke regarding his past involvement with creating a recreation center in Laramie, Wyoming which was operated by the city. They encountered the same types of provider concerns as being heard here. The community served by a community recreation center is a very different clientele. Over the long term private facilities benefit because 21 Bozeman City Commission Minutes, January 7, 2013 6 of 12 Community recreation facilities are oriented to family and children whereas private facilities cater more to the people that do not want the noise and confusion that accompanies children. He understands their concerns, but ultimately they would learn to co-exist and possibly benefit from a public facility. 2:13:00 Public Comment Closed Seeing no further public comment, Mayor Becker closed public comment. 2:13:09 Chris Kukulski, City Manager Mr. Kukulski said that he just spoke on the phone with the CEO of the parent company of the organization that conducted the survey work. Mr. Tathum assured him that his company would be happy to get a response to the questions that Commissioner Mehl asked. He said he would work with Mr. Vine who did the work to ensure we get answers as soon as possible. 2:15:29 Commission Discussion on the presentation. 2:31:18 Motion to accept the 2012 Recreation and Aquatics Feasibility study as presented and direct staff to work with the Recreation and Parks Advisory Board. It was moved by Cr. Taylor, seconded by Cr. Mehl to accept the 2012 Recreation and Aquatics Feasibility study as presented and direct staff to work with the Recreation and Parks Advisory Board. 2:32:31 Discussion on the motion. 2:34:50 Vote on the motion to accept the 2012 Recreation and Aquatics Feasibility study as presented and direct staff to work with the Recreation and Parks Advisory Board. Those voting Aye being Crs. Taylor, Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 4-0. 2:35:04 Break Mayor Becker called for a break. 2:52:14 Back from Break Mayor Sean Becker was not able to stay for the remainder of the meeting. Commissioner Mehl called the meeting back to order on his behalf. 2:52:14 Motion and Vote that considering the absences of the Mayor and Deputy Mayor, motion to appoint Commissioner Mehl to act as presiding officer of the Commission for the remainder of this regular meeting. It was moved by Cr. Taylor, seconded by Cr. Andrus that considering the absences of the Mayor and Deputy Mayor, motion to appoint Cr. Mehl to act as presiding officer of the Commission for the remainder of this regular meeting. 22 Bozeman City Commission Minutes, January 7, 2013 7 of 12 Those voting Aye being Crs. Taylor, Andrus and Mehl. Those voting No being none. The motion passed 3-0. 2:53:39 2. Park Place Preliminary Site Plan with Certificate of Appropriateness and Deviation 2:54:42 Doug Riley, Planner in the Department of Community Development Mr. Riley provided the staff presentation on this item. 3:01:36 Cr. Mehl asked a question of staff regarding condition 13. 3:03:39 Shawn Shayhand, 3105 Alamosa Lane, Applicant on behalf of Park Place Mr. Shayhand answered questions posed by Cr. Mehl. 3:04:10 Public Comment Public Comment on this motion opened. Seeing none, public comment was closed. 3:04:10 Motion that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-12297 and move to approve the preliminary site plan with certificate of appropriateness and deviation with conditions and subject to all applicable code provisions including the request to utilize the cash donation in-lieu of land dedication provisions of BMC Section 38.27.030 to satisfy the residential parkland requirements for the project. It was moved by Cr. Taylor, seconded by Cr. Andrus that having reviewed application materials and all information presented, I hereby adopt the findings presented in the staff report for application Z-12297 and move to approve the preliminary site plan with certificate of appropriateness and deviation with conditions and subject to all applicable code provisions including the request to utilize the cash donation in-lieu of land dedication provisions of BMC Section 38.27.030 to satisfy the residential parkland requirements for the project. 3:04:22 Discussion on the motion. 3:05:47 Vote on the motion that having reviewed application materials and all information presented, I hereby adopt the findings presented in the staff report for application Z-12297 and move to approve the preliminary site plan with certificate of appropriateness and deviation with conditions and subject to all applicable code provisions including the request to utilize the cash donation in-lieu of land dedication provisions of BMC Section 38.27.030 to satisfy the residential parkland requirements for the project. Those voting Aye being Crs. Taylor, Andrus and Mehl. Those voting No being none. The motion passed 3-0. 3:07:44 3. Provisional Adoption of Ordinance No. 1850, amending the Municipal Code by replacing the Department of Finance with Department of Administrative Services, 23 Bozeman City Commission Minutes, January 7, 2013 8 of 12 removing references to the Departments of Human Resources and Information Technology and by replacing references to the Director of Finance with Director of Administrative Services 3:07:47 Chris Kukulski, City Manager Mr. Kukulski provided the staff presentation on this item. 3:07:57 Cr. Mehl asked questions of staff. 3:12:57 Public Comment Commissioner Mehl opened public comment, seeing none, Commissioner Mehl closed public comment. 3:13:05 Motion and vote to provisionally adopt Ordinance 1850, amending the Municipal Code by replacing the Department of Finance with Department of Administrative Services, removing references to the Departments of Human Resources and Information Technology and by replacing references to the Director of Finance with Director of Administrative Services. It was moved by Cr. Andrus, seconded by Cr. Taylor to provisionally adopt Ordinance 1850, amending the Municipal Code by replacing the Department of Finance with Department of Administrative Services, removing references to the Departments of Human Resources and Information Technology and by replacing references to the Director of Finance with Director of Administrative Services. Those voting Aye being Crs. Andrus, Taylor and Mehl. Those voting No being none. The motion passed 3-0. 3:13:26 Mr. Kukulski, City Manager Mr. Kukulski thanked Anna Rosenberry who has the role now of Administrative Services Director and has already taken on the new role. He feels they have already seen the benefits of having these three divisions under one leader. 3:14:43 4. Provisional Adoption of Ordinance 1851, amending the Municipal Code by replacing all 3:15:01 Chris Kukulski, City Manager Mr. Kukulski provided the staff presentation on this item. 3:16:22 Public Comment Commissioner Mehl opened public comment. No person commented. Commissioner Mehl closed public comment. 3:16:30 Discussion, motion and vote. 3:16:40 Motion and vote to provisionally adopt Ordinance 1851, amending the Municipal Code by replacing all references to the Department of Public Service with Department of 24 Bozeman City Commission Minutes, January 7, 2013 9 of 12 Public Works and replacing references to the Director of Public Service with Director of Public Works. It was moved by Cr. Taylor, seconded by Cr. Andrus to provisionally adopt Ordinance 1851, amending the Municipal Code by replacing all references to the Department of Public Service with Department of Public Works and replacing references to the Director of Public Service with Director of Public Works. Those voting Aye being Cr. Taylor, Andrus and Mehl. Those voting No being none. The motion passed 3-0. 3:18:27 5. Adoption of the Building Inspection Capital Improvement Plan for Fiscal Years 2014-2018. 3:19:00 Anna Rosenberry, Director of Administrative Services Ms. Rosenberry provided the staff presentation on this item. 3:20:17 Cr. Mehl began questions for staff. 3:21:34 Public Comment Commissioner Mehl opened public comment. No person commented. Commissioner Mehl closed public comment. 3:21:43 Motion and vote to adopt the Building Inspection Capital Improvement Plan for Fiscal Years 2014 through 2018. It was moved by Cr. Andrus, seconded by Cr. Taylor to adopt the Building Inspection Capital Improvement Plan for Fiscal Years 2014 through 2018. Those voting Aye being Crs. Andrus, Taylor and Mehl. Those voting No being none. The motion passed 3-0. 3:22:32 6. Adoption of the Fire Impact Fee Fund Capital Improvement Plan for Fiscal Years 2014-2018. 3:23:02 Anna Rosenberry, Administrative Services Director Ms. Rosenberry provided the staff presentation on this item. 3:25:15 The Commission began questions for staff. 3:32:03 Public Comment Commissioner Mehl opened public comment. Seeing none, Commissioner Mehl closed public comment. 3:32:06 Motion, discussion and vote. 25 Bozeman City Commission Minutes, January 7, 2013 10 of 12 3:32:14 Motion and Vote to adopt the Fire Impact Fee Fund Capital Improvement Plan for Fiscal Years 2014 through 2018. It was moved by Cr. Andrus, seconded by Cr. Taylor to adopt the Fire Impact Fee Fund Capital Improvement Plan for Fiscal Years 2014 through 2018. Those voting Aye being Crs. Andrus, Taylor and Mehl. Those voting No being none. The motion passed 3-0. 3:33:40 7. Adoption of the Wastewater Impact Fee Fund Capital Improvement Plan for Fiscal Years 3:34:16 Anna Rosenberry, Director of Administrative Services Ms. Rosenberry provided the staff presentation on this item. 3:35:49 Cr. Taylor asked a question of staff. 3:39:06 Public Comment Commissioner Mehl opened public comment. No person commented. Commissioner Mehl closed public comment. 3:39:09 Motion and vote to adopt the Water Impact Fee Fund Capital Improvement Plan for Fiscal Years 2014 through 2018. It was moved by Cr. Taylor, seconded by Cr. Andrus to adopt the Water Impact Fee Fund Capital Improvement Plan for Fiscal Years 2014 through 2018. Those voting Aye being Crs. Taylor, Andrus and Mehl. Those voting No being none. The motion passed 3-0. 3:39:17 8. Adoption of the Wastewater Impact Fee Fund Capital Improvement Plan for Fiscal Years 2014 - 2018. 3:39:17 Anna Rosenberry, Director of Administrative Services Ms. Rosenberry provided the staff presentation on this item. 3:42:30 Public Comment Commissioner Mehl opened public comment, no person commented. Commissioner Mehl closed public comment. 3:42:49 Motion and Vote to adopt the Wastewater Impact Fee Fund Capital Improvement Plan for Fiscal Years 2014 through 2018. It was moved by Cr. Andrus, seconded by Cr. Taylor to adopt the Wastewater Impact Fee Fund Capital Improvement Plan for Fiscal Years 2014 through 2018. 26 Bozeman City Commission Minutes, January 7, 2013 11 of 12 Those voting Aye being Crs. Andrus, Taylor and Mehl. Those voting No being none. The motion passed 3-0. 3:45:13 9. Adoption of the Street Impact Fee Fund Capital Improvement Plan for Fiscal Years 2014-2018 3:45:14 Anna Rosenberry, Director of Administrative Services Ms. Rosenberry provided the staff presentation on this item. 3:45:43 Public Comment Commissioner Mehl opened public comment, no person commented. Commissioner Mehl closed public comment. 3:45:47 Motion and Vote to adopt the Street Impact Fee Fund Capital Improvement Plan for Fiscal Years 2014 through 2018. It was moved by Cr. Taylor, seconded by Cr. Andrus to adopt the Street Impact Fee Fund Capital Improvement Plan for Fiscal Years 2014 through 2018. Those voting Aye being Crs. Taylor, Andrus and Mehl. Those voting No being none. The motion passed 3-0. 3:46:46 10. Appointment to the Cemetery Advisory Board 3:46:59 Motion to appoint Lynn Flansaas to the Cemetery Advisory Board. It was moved by Cr. Andrus, seconded by Taylor to appoint Lynn Flansaas to the Cemetery Advisory Board. 3:47:11 Discussion on the motion. 3:49:08 Vote on the motion to appoint Lynn Flansaas to the Cemetery Advisory Board. Those voting Aye being Crs. Andrus, Taylor and Mehl. Those voting No being none. The motion passed 3-0. 3:49:11 Public Comment No public were still present at the meeting. 3:49:14 11. Reappointment to the City-County Board of Health 3:49:28 Motion and Vote to re-appoint Gretchen Rupp to the City-County Board of Health. It was moved by Cr. Taylor, seconded by Cr. Andrus to re-appoint Gretchen Rupp to the City-County Board of Health. 27 Bozeman City Commission Minutes, January 7, 2013 12 of 12 Those voting Aye being Crs. Taylor, Andrus and Mehl. Those voting No being none. The motion passed 3-0. 3:50:08 I. FYI / Discussion 3:50:01 1. Notify Impact Fee Committee members about the impact fee discussion on the 28th. Cr. Mehl asked that the clerk's office notify Impact Fee Committee members about the impact fee discussion on the 28th. 3:50:36 2. Letter to the Commission from the Northeast Urban Renewal Board Cr. Mehl reminded the Commission of the letter they received from the Northeast Urban Renewal Board asking a question regarding restaurants. He asked the Commissioners to respond to that letter and copy him on it as he is their liaison. 3:50:53 3. American Water Resources of Montana - selling an insurance product to citizens Chris Kukulski informed the Commission that the American Water Resources of Montana has informed him they will not be trying to sell Bozeman residents insurance for water breaks. 3:51:41 4. City Offices will be closed Monday, January 21, 2013 3:52:26 J. Adjournment ____________________________________ Sean A. Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Brunckhorst, Deputy City Clerk Approved on ___________________________ 28