HomeMy WebLinkAbout01-07-2013 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 7,201.3
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 De
Mayor Krauss.
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Those voting Ale 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 A
Ae being Crs. Mehl, Andrus, Taylor and Mayor Becker.
Those voting no being none.
The motion passed 4-0.
0:03:54 F. Consent
I Authorize Payment of Accounts Payable Claims (LaMeres)
I 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. I I (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, Tgylor,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.
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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 1. 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 Craik Bouck, President ofBarker,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.
0:18:1.6 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.
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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. lie then asked the
presenters about their experience conducting these types of studies.
0:43:28 Aft, 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
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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 A asheim, 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. Ile 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 Dauzherty, 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 Soderbem,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
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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. Tatham 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.
23 1:18 Motion to accept the 2012 Recreation and Aquatics Feasibility stu!L 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 Ale being Crs. Taylor, Mehl, Andrus and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
2:3 5:04 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 Ma or and De ly 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 ky Cr. Andrus that considering the absences of the
Ma or and De pull Major, motion to appoint Cr.Mehl to act as presidin2 officer of the
Commission for the remainder of this regular meeting.
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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 Shavhand, 3105 Alamosa Lane.Applicant on behal o 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 findinas presented in the staff report for
application Z-12297 and move to api!rove the preliminary site plan with certificate of
appropriateness and deviation with conditions and subject to all apDlicable code provisions
including the request to utilize the cash donation in-lieu of land dedication provisions of
BMC Section 38.27.030 to satisa 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 hereb adolat the r ndings presented in the staff
y
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 proicet.
3:04:22 Discussion on the motion,
3:05:47 Vote on the motion that having reviewed application materials and all information
presented, I hereb
a adopt the findings 12resented 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 satin L the residential parkland requirements for the project.
Those voting A
ye being Crs. Taylor, Andrus and Mehl.
Those voting No being none.
The motion passed 3-0.
3:07:44 1 Provisional Adoption of Ordinance No. 1850, amending the Municipal Code
by replacing the Department of Finance with Department of Administrative Services,
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Bozeman City Commission Minutes, January 7, 2013
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,
,removine 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. TMlor to provisionally adopt Ordinance
1850, amending the Municil2al 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 bV rel2lacin2 all references to the Department of Public Service with Department of
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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 b3L replacing all references to the De]2artment 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 Insl2ection Capital Improvement Plan for
Fiscal Years 2,014 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 Ave 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.
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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 A
Ac being Crs. Andrus, Taylor and Mehl.
Those voting No beine 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 ado 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 A
le 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.
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Those voting Ave being Crs. Andrus, 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. Tnior, 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 Ave 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
3:49:2$ Motion and Vote to re-agpoint Gretchen Ru 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.
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Those voting Aye being Crs. Taylor, Andrus and Mehl.
Those voting No being none.
The motion passed 3-0.
3:50:08 1. 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
ATT '
St cy City Clerk
PREPARED BY:
Airne3 Brunckhmt, Deputy City Cleqr
Approved on �bo-m uawq
U
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