HomeMy WebLinkAboutJune 1, 2009 Minutes
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 1, 2009
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, June 1, 2009. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr.
Sean Becker, Cr. Eric Bryson, Cr. Rupp (arriving later in the meeting) City Manager Chris
Kukulski, Assistant City Manager Chuck Winn, Planning Director Andy Epple, Assistant
Planning Director Chris Saunders, Assistant City Attorney Tim Cooper and City Clerk Stacy
Ulmen.
0:05:39 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Jacobson called the meeting to order.
0:05:46 B. Pledge of Allegiance and a Moment of Silence
0:06:15 Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:06:21 Chris Kukulski, City Manager
Mr. Kukulski stated that there were not any changes to the agenda.
0:06:24 C. Public Service Announcement – Citizen Advisory Board Mid-Year Term
Expirations and Vacancies (Kissel)
0:06:30 Aimee Kissel, Deputy City Clerk
Ms. Kissel presented a Public Service Announcement for Citizen Advisory Board Mid-Year
Term Expirations and Vacancies.
0:11:08 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:11:18 Motion and Vote to approve Consent Items 1-4.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve Consent Items 1-4.
Those voting Aye being Crs. Becker, Krauss, Bryson, and Mayor Jacobson.
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Those voting No being none.
The motion passed 4-0.
0:11:33 F. Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:11:55 G. Special Presentations
0:12:00 1. Municipal Climate Action Plan Update (Meyer)
0:12:21 Natalie Meyer, Climate Protection Coordinator
Ms. Meyer presented a Special Presentation regarding the Municipal Climate Action Plan
Update. Ms. Meyer stated that this is the one year update. She spoke regarding emissions and
where they are coming from. She spoke regarding what is in the Plan and Goals outlined. She
spoke regarding accomplishments over the last year and future goals.
0:24:38 Ms. Meyer
Ms. Meyer explained the Vehicle Idling Policy.
0:25:20 Cr. Becker
Cr. Becker spoke regarding composting.
0:25:49 Ms. Meyer
Ms. Meyer stated that there is an idea of having a composting facility located at the Logan
Landfill.
0:26:46 2. Update on Bozeman Solvent Site, Notice of 2009 Vapor Study and Notice of
Community Meeting on June 2th at the Bozeman Library (Cooper)
0:26:53 Tim Cooper, Assistant City Attorney
Mr. Cooper gave a special presentation regarding the Bozeman Solvent Site, Notice of 2009
Vapor Study and Notice of Community Meeting in June 2, at Bozeman Library. Mr. Cooper
stated that the last update was last fall. The pilot program began last fall. There has been Semi-
annual ground water testing. He spoke regarding a timeline with the Department of
Environmental Quality. DEQ has determined that there may be potential of an air risk. A public
meeting must take place to let citizens know about the test. This will happen on June 2, 2009.
0:29:02 Michael Ellerd
Mr. Ellerd stated that he is with the ATC Associates that work on the solvent site. This project is
due to an inadvertent release of PCEs from a formal dry cleaner. This was discovered in 1989.
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The site has been evaluated since then. The DEQ (Department of Environmental Quality) has
determined that there may be a potential of vapor intrusion. He presented an overview of the
project site and monitoring.
0:47:49 Cr. Bryson
Cr. Bryson asked if DEQ's theory has an impact on the current voluntary test cleanup plan.
0:48:03 Mr. Ellerd
Mr. Ellerd stated no.
0:50:11 Cr. Becker
Cr. Becker asked if there were any remaining well users in the area.
0:50:18 Mr. Ellerd
Mr. Ellerd stated that there are some at the far north end of the site which are monitored.
0:55:47 H. Action Items
0:55:52 1. Resolution No. 4163, Adoption of the Bozeman Community Plan (Saunders)
0:56:58 Chris Saunders, Assistant Planner
Mr. Saunders stated that there are a number of items left to be decided upon regarding
Resolution No. 4163, Adoption of the Bozeman Community Plan. He spoke regarding the land
use map.
1:01:23 Cr. Bryson
Cr. Bryson spoke regarding the Economic Development section.
1:02:08 Mr. Saunders
Mr. Saunders spoke regarding the staff suggestions to Chapter 8.
1:02:28 Cr. Becker
Cr. Becker wondered about the sources used for the table incorporated.
1:02:40 Mr. Saunders
Mr. Saunders stated that it came from the Economic Development Plan.
1:03:17 Public Comment
Mayor Jacobson opened public comment and stated that the Public Hearing has technically been
closed on this item.
No person commented.
Mayor Jacobson closed public comment.
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1:03:45 Cr. Krauss
Cr. Krauss asked that each item be addressed individually regarding the conflicts with the
underlined zoning.
1:06:05 Mr. Saunders
Mr. Saunders spoke regarding the intersection of Cottonwood Road and Huffine Lane. This is a
change from the original designation.
1:10:48 Motion to approve the Community Commercial Mixed Use and request that the
Planning Department institute a change to the zoning to reflect Community Commercial
Mixed Use.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the Community
Commercial Mixed Use and request that the Planning Department institute a change to the
zoning to reflect Community Commercial Mixed Use.
1:11:56 Cr. Krauss withdrew his Motion to approve the Community Commercial Mixed
Use and request that the Planning Department institute a change to the zoning to reflect
Community Commercial Mixed Use.
1:12:23 Mr. Saunders
Mr. Saunders spoke regarding the property north of Huffine Lane. This is the existing Billion
Auto Group.
1:13:56 Cr. Krauss
Cr. Krauss spoke regarding strip development.
1:17:16 Mr. Saunders
Mr. Saunders spoke regarding why the area should not be zoned Residential Mixed Use.
1:23:17 Cr. Becker
Cr. Becker spoke regarding the existing uses.
1:24:50 Mr. Saunders
Mr. Saunders spoke regarding Urban Mixed Use.
1:25:36 Cr. Krauss
Cr. Krauss stated that he is worried about strip development along Huffine.
1:28:23 Mr. Saunders
Mr. Saunders stated that the area is currently zoned through the Growth Policy as Business Park.
1:28:53 Andy Epple, Director of Planning
Mr. Epple stated what uses were allowed in Business Park.
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1:29:44 Cr. Rupp
Cr. Rupp stated that he is focused on what is present at this time.
1:38:17 Motion to leave the Boundary (the pink part) BP (Business Park) as BP under the
GP (Growth Policy) designation.
It was moved by Cr. Krauss, seconded by Cr. Bryson to leave the Boundary (the pink part)
BP (Business Park) as BP under the GP (Growth Policy) designation.
1:39:20 Vote on the Motion to leave the Boundary (the pink part) BP (Business Park) as BP
under the GP (Growth Policy) designation.
Those voting Aye being Crs. Krauss and Bryson.
Those voting No being Crs. Rupp, Becker, and Mayor Jacobson.
The motion failed 2-3.
1:39:43 Mr. Saunders
Mr. Saunders spoke about the development where “The Ridge” is located.
1:40:57 Cr. Becker
Cr. Becker spoke regarding Community Commercial.
1:46:13 Mr. Saunders
Mr. Saunders spoke regarding the Laurel Glen Subdivision zoning boundary.
1:47:17 Mr. Saunders
Mr. Saunders spoke regarding the zoning area where the Chief Joseph Middle School is located.
1:50:22 Mr. Saunders
Mr. Saunders spoke regarding the zoning area along North 27th.
1:53:51 Motion and Vote to keep as residential (Page 5 of the April 27th staff memo, North
27th and Valley Center Area marked as #1 on map).
It was moved by Cr. Becker, seconded by Cr. Rupp to keep as residential (Page 5 of the
April 27th staff memo, North 27th and Valley Center Area marked as #1 on map).
Those voting Aye being Crs. Becker, Rupp and Mayor Jacobson.
Those voting No being Crs. Krauss and Bryson.
The motion passed 3-2.
1:54:52 Mr. Saunders
Mr. Saunders spoke regarding the area in conflict that is planned as Community Commercial and
is currently zoned as Business Park.
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1:56:48 Mr. Saunders
Mr. Saunders spoke regarding the intersection of South 3rd and Goldenstein.
1:57:54 Mr. Saunders
Mr. Saunders spoke regarding the hospital site.
1:59:40 Mr. Saunders
Mr. Saunders spoke regarding the sub area plan.
2:00:18 Mr. Saunders
Mr. Saunders spoke regarding the B-3 District downtown.
2:02:20 Mr. Saunders
Mr. Saunders spoke regarding the Story Hills property zoning.
2:03:39 Mr. Saunders
Mr. Saunders spoke regarding the property at the corner of Villard and North 6th Avenue.
2:05:48 Cr. Rupp
Cr. Rupp spoke regarding the parking lot for the medical center in this location.
2:07:32 Mr. Saunders
Mr. Saunders spoke regarding the public library property zoning.
2:09:33 Cr. Rupp
Cr. Rupp spoke regarding parking requirements.
2:10:19 Cr. Krauss
Cr. Krauss spoke regarding the Seed Company building. It makes sense to have this as part of
the Commercial core.
2:11:19 Mr. Saunders
Mr. Saunders spoke regarding the property at the east area of Main Street. There are some
physical limitations of developing this site.
2:14:20 Mayor Jacobson
Mayor Jacobson asked how long the area has been zoned Parks and Open Space and Recreation
Lands.
2:14:29 Mr. Saunders
Mr. Saunders stated that parts of the property were zoned Parks and Open Space since 1990.
The change is only to the B-2 area.
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2:16:43 Cr. Becker
Cr. Becker spoke regarding the state owned land.
2:16:50 Mr. Saunders
Mr. Saunders pointed out the areas that are state owned.
2:17:51 Cr. Bryson
Cr. Bryson spoke regarding the designation and the overlaying and underlying use.
2:23:35 Motion that this parcel of property in question (Page #9 of the April 27th staff
memo item, the East Main Area map marked as #1 on map) revert back to Community
Commercial Mixed Use (What it is today. The small area identified on the map.)
It was moved by Cr. Bryson, seconded by Cr. Krauss that this parcel of property in
question (Page #9 of the April 27th staff memo item, the East Main Area map marked as
#1 on map) revert back to Community Commercial Mixed Use (What it is today. The
small area identified on the map.)
2:25:47 Cr. Becker
Cr. Becker spoke regarding the existing M-1 and M-2 Zoning in the area.
2:31:57 Cr. Rupp
Cr. Rupp stated that the Staff recommendation is important to him.
2:32:46 Mayor Jacobson
Mayor Jacobson spoke regarding the topography of the land. There are limitations to
development.
2:36:28 Cr. Krauss
Cr. Krauss spoke regarding applications.
2:41:06 Cr. Krauss
Cr. Krauss spoke regarding using the Growth Policy as a regulatory document.
2:45:13 Mr. Cooper
Mr. Cooper spoke regarding the use of the Growth Policy.
2:55:48 Cr. Becker
Cr. Becker spoke regarding the entry way corridors.
2:58:34 Vote on the Motion that this parcel of property in question (Page #9 of the April
27th staff memo item, the East Main Area map marked as #1 on map) revert back to
Community Commercial Mixed Use (What it is today. The small area identified on the
map.)
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Those voting Aye being Crs. Bryson, Krauss and Becker.
Those voting No being Cr. Rupp and Mayor Jacobson.
The motion passed 3-2.
2:58:53 Break
3:18:30 Mayor Jacobson
Mayor Jacobson called the meeting back to order.
3:19:48 Mr. Saunders
Mr. Saunders spoke regarding Goldenstein Lane.
3:21:45 Cr. Becker
Cr. Becker spoke regarding fire response.
3:22:58 Motion and Vote to approve the Economic Development Plan addition
(incorporated on Page 8-2 of Chapter 8) with the elimination of the extra "a" (page 8-4
Objective ED-1.6 last sentence).
It was moved by Cr. Bryson, seconded by Cr. Krauss to approve the Economic
Development Plan addition (incorporated on Page 8-2 of Chapter 8) with the elimination of
the extra "a" (page 8-4 Objective ED-1.6 last sentence).
Those voting Aye being Crs, Bryson, Krauss, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:24:26 Motion to amend the Growth Policy amendment process to be a function of a
simple majority.
It was moved by Cr. Becker, seconded by Cr. Krauss to amend the Growth Policy
amendment process to be a function of a simple majority.
3:25:21 Cr. Becker
Cr. Becker spoke regarding Veto authority.
3:26:39 Cr. Rupp
Cr. Rupp spoke regarding super majority votes.
3:30:57 Vote on the Motion to amend the Growth Policy amendment process to be a
function of a simple majority.
Those voting Aye being Crs. Becker, Krauss and Bryson.
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Those voting No being Cr. Rupp and Mayor Jacobson.
The motion passed 3-2.
3:32:05 Cr. Krauss
Cr. Krauss spoke regarding the surrounding areas of the City.
3:36:21 Motion to rename the area (areas along the boundary as identified on the map) as
Present Rural.
It was moved by Cr. Bryson to rename the area (areas along the boundary as identified on
the map) as Present Rural.
3:37:53 Second to the motion to rename the area (areas along the boundary as identified on
the map) as Present Rural.
The motion was seconded by Cr. Rupp.
3:38:26 Mr. Saunders
Mr. Saunders spoke regarding the planning boundary and cautioned putting too much "weight"
on it becoming the City boundary.
3:41:52 Mr. Saunders
Mr. Saunders spoke regarding the future urban term.
3:43:30 Vote on the Motion to rename the area (areas along the boundary as identified on
the map) as Present Rural.
Those voting Aye being Crs. Bryson, Becker and Krauss.
Those voting No being Cr. Rupp and Mayor Jacobson.
The motion passed 3-2.
3:44:01 Mr. Saunders
Mr. Saunders stated that the last item is in regards to renaming the designation of the foothills
bench area.
3:45:19 Mayor Jacobson
Mayor Jacobson stated that is was mentioned to come up with a foothills zoning overlay.
3:47:03 Cr. Becker
Cr. Becker spoke regarding revising the Ridgeline Ordinance.
3:53:48 Motion and Vote to suspend the Rules until 10:30 p.m.
It was moved by Cr. Bryson, seconded by Cr. Becker to suspend the Rules until 10:30 p.m.
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Those voting Aye being Crs. Bryson, Becker and Krauss.
Those voting No being Cr. Rupp and Mayor Jacobson.
The motion passed 3-2.
3:54:39 Cr. Rupp
Cr. Rupp spoke regarding certain areas that define community and land that should never be
developed.
3:55:52 Cr. Rupp
Cr. Rupp stated that he would like to see something like this in the growth policy. He asked Mr.
Saunders if any other communities have these types of designations (land that will never be
developed.)
3:57:58 Mr. Saunders
Mr. Saunders stated not that he is aware of.
3:59:53 Cr. Krauss
Cr. Krauss spoke regarding Urban Growth Boundaries.
4:02:30 Motion to approve Resolution No. 4163 adopting the Bozeman Community Plan as
amended.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve Resolution No. 4163
adopting the Bozeman Community Plan as amended.
4:05:31 Cr. Rupp
Cr. Rupp thanked the Planning Board. He spoke regarding the recommendation regarding the
foothills. He is not supportive of changing the landscape of the Valley. He spoke regarding
land stewardship.
4:09:15 Mayor Jacobson
Mayor Jacobson spoke in support of Cr. Rupp's comments.
4:10:28 Vote on the Motion to approve Resolution No. 4163 adopting the Bozeman
Community Plan as amended.
Those voting Aye being Crs. Krauss, Bryson and Becker.
Those voting No being Cr. Rupp and Mayor Jacobson.
The motion passed 3-2.
4:11:05 2. Provisional adoption of Ordinance No. 1762, revision to Bozeman Municipal
Code (BMC) 10.44.050, Skateboard Use in Downtown Business District (Public Hearing)
(McLane)
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4:11:30 Rich McLane, Police Lieutenant
Lt. McLane gave the staff presentation regarding the provisional adoption of Ordinance No.
1762, revision to Bozeman Municipal Code (BMC) 10.44.050, Skateboard Use in Downtown
Business District.
4:20:31 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
4:20:45 Motion and Vote to provisionally adopt Ordinance No. 1762, revision to Bozeman
Municipal Code 10.44.050, Skateboard Use in Downtown Business District, and direct staff
to return to the Commission for the second reading of Ordinance No. 1762 on June 15,
2009.
It was moved by Cr. Bryson, seconded by Cr. Becker to provisionally adopt Ordinance No.
1762, revision to Bozeman Municipal Code 10.44.050, Skateboard Use in Downtown
Business District, and direct staff to return to the Commission for the second reading of
Ordinance No. 1762 on June 15, 2009.
Those voting Aye being Crs. Bryson, Becker, Rupp, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
4:21:28 I. FYI/Discussion
4:21:34 1. Reminder of Policy Meeting on Thursday, June 4th Noon-1:30 p.m. (Ulmen)
Mr. Epple explained the purpose of this meeting.
4:24:04 2. Reminder of Ethics Training on Thursday, June 4th 6 p.m.-8 p.m. (Ulmen)
Ms. Ulmen reminded the Commission regarding the Ethics Training on Thursday, and
announced that an additional date has been set for June 17th from 6-8 p.m.
4:24:49 3. Story Mansion
Mayor Jacobson stated that as the Mayor she can add items to the Agenda and will be bringing
back items associated with the Story Mansion. There are two items regarding fees and the other
regarding the Park closing time.
4:25:40 4. Ride along with Collections division.
Cr. Becker stated that he took part in a ride along in the Recycling Truck. Over 750 homes are
taking part.
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4:28:32 J. Adjournment
Mayor Jacobson adjourned the meeting at 10:33 p.m.
________________________________
Kaaren Jacobson, Mayor
ATTEST:
_____________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
_____________________________________
Stacy Ulmen, CMC, City Clerk
Approved on __________________________.
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