HomeMy WebLinkAboutMarch 8, 2010 Minutes.pdf
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 8, 2010
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, March 8, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor,
City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Interim Planning Director
Chris Saunders, City Attorney Greg Sullivan and City Clerk Stacy Ulmen.
* Please refer to the audio recording of this meeting for additional detail.
0:05:32 A. Call to Order – 6:00 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Krauss called the meeting to order.
0:05:37 B. Pledge of Allegiance and a Moment of Silence
0:06:19 Welcome
Mayor Krauss welcomed everybody to the Meeting.
0:06:32 C. Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the Agenda.
0:06:34 Chris Kukulski, City Manager
Mr. Kukulski stated that there were not any changes to the agenda.
0:06:38 D. Minutes – Executive Session Minutes from December 7, 2009, December 21,
2009 and December 28, 2009 and Regular Meeting Minutes from February 1, 2010.
0:06:48 Motion and Vote to approve the Executive Session Minutes from December 7, 2009,
December 21, 2009 and December 28, 2009 and Regular Meeting Minutes from February 1,
2010 as submitted.
It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the Executive Session
Minutes from December 7, 2009, December 21, 2009 and December 28, 2009 and Regular
Meeting Minutes from February 1, 2010 as submitted.
Those voting Aye being Crs. Mehl, Andrus, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
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0:07:07 E. Consent
1. Authorize Payment of Claims (LaMeres)
2. Accept the Monthly Building Report for February 2010 (Risk)
3. Approve Resolution No. 4247, Authorizing the City Manager to sign Change Order No. 5
for the Lower Yard Vehicle Maintenance and HRDC Bus Barn (Goehrung)
0:07:15 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:07:28 Motion and Vote to approve Consent Items E. 1-3.
It was moved by Cr. Andrus, seconded by Cr. Taylor to approve Consent Items E. 1-3.
Those voting Aye being Crs. Andrus, Taylor, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:07:40 F. Public Comment
Mayor Krauss opened public comment.
0:08:33 Brian Leland, Public Comment
Mr. Leland of 528 North Bozeman stated that the Green Coalition of Gay Loggers for Jesus has
received a denial for a portion of their street closure permit. They will be appealing.
0:11:21 Michelle Wolf, Public Comment
Ms. Wolf stated that she is the Chairperson of the North Seventh Urban Renewal Board. She
invited the Commission to attend their meetings. There is a plan that has been completed by the
group for lighting and sidewalks. The group is going to look at connectivity.
0:13:53 Public Comment Closed
Mayor Krauss closed public comment.
0:14:00 G. Special Presentation – Fire Fighter Swearing In Ceremony (Mayor Krauss)
Mayor Krauss invited the new Fire Fighters forward and swore them in. They are Brian Carroll
and Jonathan Hopkins.
0:17:45 H. Action Items
0:17:46 1. Public Hearing to Change Three Street Names in Diamond Estates
Subdivision No. 2 Phase 2 (Kerr)
0:18:02 Andy Kerr, Engineering
Mr. Kerr gave the staff presentation regarding changing three street names in Diamond Estates
Subdivision No. 2 Phase 2. The street names have similar names with another subdivision. There
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are no residences on these streets. The property owner did not have any objections in changing
the names.
0:20:38 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:20:51 Motion and Vote to direct staff to come back to the Commission with a final
resolution to change Three Street Names in Diamond Estates Subdivision No. 2 Phase 2.
It was moved by Cr. Taylor, seconded by Cr. Becker to direct staff to come back to the
Commission with a final resolution to change Three Street Names in Diamond Estates
Subdivision No. 2 Phase 2.
Those voting Aye being Crs. Taylor, Becker, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:21:12 2. Public Hearing to consider projects to fund through the City’s Housing and
Urban Development (HUD)- Economic Development Initiative (EDI) Grant for
Reconstruction following the Downtown Natural Gas Explosion (Meyer)
0:21:54 Natalie Meyer, Grants and Sustainability Coordinator
Ms. Meyer gave the staff presentation regarding considering projects to fund through the City’s
Housing and Urban Development (HUD)- Economic Development Initiative (EDI) Grant for
Reconstruction following the Downtown Natural Gas Explosion. Ms. Meyer spoke regarding the
projects that are recommended by staff to receive the funding.
0:31:58 Jalal Neishabouri-Rocky Mountain Rug Gallery
Mr. Neishabouri stated that he owns the Rocky Mountain Rug Gallery. This has put him in a set-
back mode. He has had roughly 40,000 square feet of show rooms floors that have been affected
by the blast.
0:40:23 Ms. Andrus
Ms. Andrus stated that there were items on the applications that were not filled out.
0:40:49 Mr. Neishabouri
Mr. Neishabouri stated that there are a lot of unknowns. The estimates given are rough.
0:44:40 Randy Kemp-American Legion
Mr. Kemp spoke on behalf of the American Legion. They are the first to begin construction. If
they halt construction, the costs may exceed the benefits. They would like to see the money go to
the alley way behind.
0:47:31 Mr. Kemp
Mr. Kemp spoke regarding the rear entrances to the building.
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0:48:38 Mr. Kemp
Mr. Kemp presented the Mayor with a Certificate of Appreciation for the City.
0:48:49 Mayor Krauss
Mayor Krauss stated that this is in honor of the staff.
0:51:35 Ms. Meyer
Ms. Meyer spoke regarding the environmental assessment.
0:53:38 Allyson Bristor, Associate Planner
Ms. Bristor spoke regarding the current design of the Legion building materials.
0:54:12 Ms. Bristor
Ms. Bristor spoke regarding timelines.
0:57:48 Ms. Meyer
Ms. Meyer stated that to start to EA, all the projects involved need to be listed from the start. If
there are changes there is a potential of restarting the process.
1:01:46 Mr. Hope-F & H Building
Mr. Hope thanked the City and staff including prior Cr. Jeff Rupp. Mr. Hope spoke regarding
their project and what the funds will do for them. He spoke regarding the need to get people
downtown. A third floor is proposed to be added if they are awarded the funds. June 1 is aimed
to be the starting date and March 5, 2011 is scheduled to be the completion date.
1:09:47 Mr. Hope
Mr. Hope spoke regarding the timeline since the time that their building was in the explosion.
1:12:59 Mr. Hope
Mr. Hope stated that it is their goal to have the business up and going as quickly as possible.
1:14:22 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
1:15:49 Mr. Kemp
Mr. Kemp spoke regarding using the funds towards the alley.
1:17:04 Ms. Meyer
Ms. Meyer spoke regarding the information that will be needed to begin the EA.
1:18:11 Ms. Meyer
Ms. Meyer spoke regarding the need for more information on the Rug Gallery if it is to be
included.
1:18:59 Mayor Krauss
Mayor Krauss closed the public hearing.
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1:19:15 Mayor Krauss
Mayor Krauss spoke regarding timelines. We need to be confident of what is submitted is what
is built. He spoke regarding the unknowns with the American Legion and the process. He spoke
regarding federal guidelines.
1:27:17 Mr. Sullivan
Mr. Sullivan urged the Commission to separate the processes of awarding the funds and
approving the Conditional Use Permit.
1:28:02 Motion (that independent of the CUP following this action), to grant the
beneficiaries of the HUD-EDI Grant the $768,654 to the F & H Building, $184,600 to the
Alleyway Improvements and $14,999 towards the Environmental Assessment.
It was moved by Cr. Becker, seconded by Cr. Mehl (that independent of the CUP following
this action), to grant the beneficiaries of the HUD-EDI Grant the $768,654 to the F & H
Building, $184,600 to the Alleyway Improvements and $14,999 towards the Environmental
Assessment.
1:29:10 Cr. Andrus
Cr. Andrus spoke regarding enhancing the alley way.
1:30:04 Cr. Taylor
Cr. Taylor stated that it grieves him that they can't give the money to all of the applicants; it is a
matter of where they are in regards to timing. By improving the alley, it benefits everybody.
1:31:25 Mayor Krauss
Mayor Krauss wants to see specifics on the Alley project, (streetscape/landscape). He wants to
make sure that the businesses can use the back as reliably as they use the front. We could ask
random architects to give us a hand or engineers or volunteers to help the staff. We don't want to
just pave like we do regularly. There are other grants available as well.
1:38:49 Ms. Ulmen
Ms. Ulmen read back the motion.
1:39:21 Vote on the Motion (that independent of the CUP following this action), to grant
the beneficiaries of the HUD-EDI Grant the $768,654 to the F & H Building, $184,600 to
the Alleyway Improvements and $14,999 towards the Environmental Assessment.
Those voting Aye being Crs. Becker, Mehl, Andrus, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1:39:42 Break
1:50:41 Meeting Called Back to Order
Mayor Krauss called the meeting back to order.
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1:50:52 3. F&H Building Conditional Use Permit and Certificate of Appropriateness
Zoning Application No.Z-10008 (Bristor)
1:50:54 Allyson Bristor, Associate Planner
Ms. Bristor gave the staff presentation regarding the F&H Building Conditional Use Permit and
Certificate of Appropriateness Zoning Application No.Z-10008. The Commission reclaimed
review authority of this project. She gave an overview of the project. She spoke regarding the
need for a Conditional Use Permit because of alcohol. She spoke regarding the gaming
machines. She pointed out the streetscape of the building.
1:58:43 Ms. Bristor
Ms. Bristor spoke regarding parking spaces.
2:00:51 Mayor Krauss
Mayor Krauss spoke regarding the windows.
2:01:41 Ms. Bristor
Ms. Bristor spoke regarding the arch windows.
2:03:03 Steve Locati of Locati Architects
Mr. Locati gave the applicant presentation. He highlighted the design concept of the building.
He spoke regarding the DRB conditions.
2:11:45 Mr. Locati
Mr. Locati stated that he would like to see the window condition related to the Montgomery
Ward’s building removed. This is conditions Number 17 and 18.
2:12:48 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:18:29 Motion to approve the (F&H Building) Conditional Use Permit and Certificate of
Appropriateness Application No.Z-10008 with the recommended Conditions of Approval
omitting Conditions 17 & 18.
It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the (F&H Building)
Conditional Use Permit and Certificate of Appropriateness Application No.Z-10008 with
the recommended Conditions of Approval omitting Conditions 17 & 18.
2:24:24 Vote on the Motion to approve the (F&H Building) Conditional Use Permit and
Certificate of Appropriateness Application No.Z-10008 with the recommended Conditions
of Approval omitting Conditions 17 & 18.
Those voting Aye being Crs. Mehl, Andrus, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
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2:25:13 4. 11th & College Roundabout (Heaston)
2:25:55 Brian Heaston, Project Engineer
Mr. Heaston gave the staff presentation regarding the 11th & College Roundabout. The costs of
the right-of -way have been determined and right-of -way agreements are in place. Mr. Heaston
gave a review of the project. He spoke regarding and intersection study.
2:38:09 Cr. Andrus
Cr. Andrus spoke regarding snowplowing.
2:38:18 Mr. Heaston
Mr. Heaston spoke regarding the areas for snow storage.
2:40:23 Cr. Becker
Cr. Becker spoke regarding the diameter of the Roundabout.
2:41:13 Engineer Tom Cavanaugh, Robert Peccia & Associates
Mr. Cavanaugh spoke regarding the island of the Roundabout and site distances.
2:41:45 Cr. Becker
Cr. Becker spoke regarding the signage plan.
2:43:04 Mr. Cavanaugh
Mr. Cavanaugh spoke regarding signage.
2:44:35 Cr. Becker
Cr. Becker spoke regarding bike navigation.
2:44:46 Mr. Cavanaugh
Mr. Cavanaugh spoke regarding bike lanes.
2:46:33 Mr. Cavanaugh
Mr. Cavanaugh stated that this is a yield operation.
2:47:56 Cr. Becker
Cr. Becker spoke regarding traffic flow.
2:49:41 Cr. Becker
Cr. Becker asked if this would be considered an uncontrolled intersection.
2:49:49 Mr. Heaston
Mr. Heaston stated it is a controlled intersection.
2:50:22 Mr. Cavanaugh
Mr. Cavanaugh spoke regarding speeds in the roundabout area.
2:52:12 Cr. Taylor
Cr. Taylor spoke regarding crashes.
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2:56:57 Cr. Mehl
Cr. Mehl spoke regarding handicap accessibility.
2:58:47 Mr. Sullivan
Mr. Sullivan spoke regarding the use of street impact fees.
3:03:14 Mr. Kukulski
Mr. Kukulski spoke regarding MSU events and traffic.
3:04:11 Public Comment
Mayor Krauss opened public comment.
3:04:26 Ralph Zimmer, Public Comment
Mr. Zimmer of 2103 South Tracey Avenue, Chair of the Bozeman Pedestrian and Traffic Safety
Committee. He stated that the Committee discussed the roundabout. The Committee by a
majority favored a roundabout. He spoke personally about being blind and navigating
intersections.
3:08:01 Bob Lashaway, Public Comment
Mr. Lashaway of MSU spoke regarding their support of the roundabout and the use of the middle
island.
3:08:25 Public Comment closed
Mayor Krauss closed public comment.
3:08:37 Mayor Krauss
Mayor Krauss spoke regarding this project being included in the Capital Improvements Program.
He spoke regarding the use of impact fees.
3:12:05 Rick Hixson, Engineer
Mr. Hixson spoke regarding the level of service at the roundabout.
3:13:41 Ms. Rosenberry
Ms. Rosenberry spoke regarding a letter received from SWIMBIA regarding the use of impact
fees.
3:15:09 Motion to Authorize the City Engineering Division to direct Robert Peccia and
Associates to complete the remainder of its work agreed to in the Professional Services
Agreement for the 11th& College roundabout project.
It was moved by Cr. Andrus, seconded by Cr. Taylor to Authorize the City Engineering
Division to direct Robert Peccia and Associates to complete the remainder of its work
agreed to in the Professional Services Agreement for the 11th& College roundabout
project.
3:16:06 Cr. Taylor
Cr. Taylor spoke regarding pedestrian traffic.
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3:18:00 Mayor Krauss
Mayor Krauss spoke regarding his concerns of the level of service.
3:25:36 Cr. Becker
Cr. Becker stated that he drives the intersection twice per day. He spoke regarding alternatives
for pedestrians. This is the entry way to MSU. He spoke regarding surrounding subdivisions.
3:36:13 Cr. Mehl
Cr. Mehl spoke regarding his support of the project.
3:37:36 Vote on the Motion to Authorize the City Engineering Division to direct Robert
Peccia and Associates to complete the remainder of its work agreed to in the Professional
Services Agreement for the 11th& College roundabout project.
Those voting Aye being Crs. Andrus, Taylor, Becker and Mehl.
Those voting No being Mayor Krauss.
The motion passed 4-1.
3:38:11 Motion and Vote to Authorize the City Manager to sign right-of-way agreements
totaling a cost of $154,050.00 for the 11th& College roundabout project. It was moved
by Cr. Andrus, seconded by Cr. Taylor to Authorize the City Manager to sign right-of-way
agreements totaling a cost of $154,050.00 for the 11th& College roundabout project.
Those voting Aye being Crs. Andrus, Taylor, Becker and Mehl.
Those voting No being Mayor Krauss.
The motion passed 4-1.
3:38:41 Motion and Vote to Authorize the City Engineering Division to prepare a
Professional Services Agreement Amendment with Robert Peccia and Associates to amend
the total PSA fee from $129,305 to $150,840.65 (+$21,535.65) for the College &11th
roundabout project.
It was moved by Cr. Andrus, seconded by Cr. Taylor to Authorize the City Engineering
Division to prepare a Professional Services Agreement Amendment with Robert Peccia and
Associates to amend the total PSA fee from $129,305 to $150,840.65 (+$21,535.65) for the
College &11th roundabout project.
Those voting Aye being Crs. Andrus, Taylor, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
3:39:12 5. Appointments to the Bozeman Historic Preservation Advisory Board (Kissel)
3:39:29 Motion and Vote to change Ryon Olson from a Member At Large to the Main
Street Representative on the Bozeman Historic Preservation Advisory Board.
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It was moved by Cr. Taylor, seconded by Cr. Becker to change Ryon Olson from a
Member At Large to the Main Street Representative on the Bozeman Historic Preservation
Advisory Board.
Those voting Aye being Crs. Taylor, Andrus and Mehl.
Those voting No being Cr. Becker and Mayor Krauss.
The motion passed 3-2.
3:40:18 Motion and Vote to appoint Dale Martin as an At Large representative to the
Bozeman Historic Preservation Advisory Board.
It was moved by Cr. Taylor , seconded by Cr. Becker to appoint Dale Martin as an At
Large representative to the Bozeman Historic Preservation Advisory Board.
Those voting Aye being Crs. Taylor, Mehl and Andrus.
Those voting No being Cr. Becker and Mayor Krauss.
The motion passed 3-2.
3:41:06 6. Appointments to the Downtown Bozeman Improvement District / Tax
Increment Financing Board (IDB-TIF) (Kissel)
3:41:27 Motion to appoint Bob Hietala to the Downtown Bozeman Improvement District /
Tax Increment Financing Board (IDB-TIF).
It was moved by Cr. Andrus, seconded by Cr. Taylor to appoint Bob Hietala to the
Downtown Bozeman Improvement District / Tax Increment Financing Board (IDB-TIF).
3:42:46 Motion withdrawn to appoint Bob Hietala to the Downtown Bozeman
Improvement District / Tax Increment Financing Board (IDB-TIF).
3:43:38 Mayor's appointment of Bob Hietala to the Downtown Bozeman Improvement
District / Tax Increment Financing Board (IDB-TIF)
Mayor Krauss appointed Bob Hietala to the Downtown Bozeman Improvement District /
Tax Increment Financing Board (IDB-TIF).
3:43:55 Motion and Vote to consent to the Mayor's appointment of Bob Hietala to the
Downtown Bozeman Improvement District / Tax Increment Financing Board (IDB-TIF).
It was moved by Cr. Becker, seconded by Cr. Mehl to consent to the Mayor's appointment
of Bob Hietala to the Downtown Bozeman Improvement District / Tax Increment
Financing Board (IDB-TIF).
Those voting Aye being Crs. Becker, Mehl, Andrus, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
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3:45:22 I. FYI/Discussion
3:45:23 1. Planning Bus Tour
It was decided to schedule the Planning Bus Tour for May 10th beginning at 3 p.m. and then
convening at 7 p.m. back at City Hall for a quick meeting (if needed). Chris Saunders stated that
there may be a Public Hearing item from Planning that needs to be heard.
3:52:11 2. Thursday ( March 11, 2010) Policy Meeting
Mr. Kukulski announced that the Policy Meeting materials have been handed out. Mr. Saunders
stated that there is one more map to be printed that goes with the packet and that he will
distributing it upon completion.
3:52:25 3. Rialto Plywood
Cr. Mehl brought up the painting of the plywood at the Rialto. Mr. Saunders stated that the
plywood could be painted without approval but it could not be painted as a billboard. Otherwise
it would be considered un-premised commercial activity.
3:54:19 4. Budget Book for Streets
Ms. Arkell stated that a budget book has been put together for the Streets Department and
offered it to the Commission if they are interested.
3:55:01 5. Google Fiber for Communities-Citizen Accessibility to Web Page
Mr. Kukulski showed the webpage (not live) where citizens will be able to go in and nominate
Bozeman for this program.
3:55:45 6. Cr. Mehl will be in Washington DC next week.
3:56:15 7. Complete Streets Resolution
Mr. Saunders asked the Commission to look at the edits in the complete streets resolution.
Emails will be sent to Mr. Saunders if the Commission has changes or wants the resolution to
come before them again through Consent.
3:57:24 8. Appeal re: Street Closure
Mr. Kukulski stated that the parade was approved, but not some of the activities. If an appeal is
turned in, this item will be placed on an upcoming agenda. It was discussed to amend the
Ordinance regarding the appeal procedure. There needs to be a discussion regarding the
specifics.
4:02:24 J. Adjournment
Mayor Krauss adjourned the meeting at 10:03 p.m.
______________________________________
Jeffrey K. Krauss, Mayor
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ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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