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HomeMy WebLinkAbout04-05-10 Minutes.pdf LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 5, 2010 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, April 5, 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, City Attorney Greg Sullivan, and City Clerk Stacy Ulmen. * Please refer to the audio recording of this meeting for additional detail. 0:05:49 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6 p.m. 0:05:52 B. Pledge of Allegiance and a Moment of Silence 0:06:37 Welcome Mayor Krauss welcomed everyone to the meeting. 0:07:01 C. Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. 0:07:08 Chris Kukulski, City Manager Mr. Kukulski stated that there has been an addendum added to the agenda adding an Action Item regarding the West Winds Community Center Informal. 0:07:26 D. Minutes – February 16, 2010 Goal Session, February 22, 2010 Regular Meeting, February 26, 2010 Joint City-Town/County Meeting Minutes and March 1, 2010 Regular Meeting Minutes as Submitted. 0:07:33 Motion and Vote to approve the Minutes from February 16, (2010 Goal Session), February 22, (2010 Regular Meeting), February 26, (2010 Joint City-Town/County Meeting) and March 1, (2010 Regular Meeting). It was moved by Cr. Becker, seconded by Cr. Andrus to approve the Minutes from February 16, (2010 Goal Session), February 22, (2010 Regular Meeting), February 26, (2010 Joint City-Town/County Meeting) and March 1, (2010 Regular Meeting). 6 Linked Minutes of the Bozeman City Commission, April 5, 2010 2 Those voting Aye being Crs. Becker, Andrus, Mehl, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:07:48 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign Reciprocal Access Easement and Agreement and Public Sidewalk Easement with CVS Pharmacy (Johnson) 3. Ratify City Manager's signature for a Professional Services Agreement with Sustainable Planning Solutions to continue consultant work on the Community Climate Action Plan (Rosenberry) 4. Approve Reclaiming Final Approval of the Bridger Brewing Preliminary Conditional Use Permit No. Z-10042, 241 East Main Street, per section 18.64.010 C.1, Bozeman Municipal Code and further set a tentative Public Hearing Date on April 19, 2010 for formal consideration of the project proposal (Kramer) 5. Approve and Authorize the City Manager to sign the Depot Park Contract Notice of Award with Sweetpea Landscaping, Inc. in the amount of $66,982 (Johnson) 0:07:57 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:08:11 Motion and Vote to approve Consent Items E. 1-5. It was moved by Cr. Andrus, seconded by Cr. Mehl to approve Consent Items E. 1-5. Those voting Aye being Crs. Andrus, Mehl, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:08:25 F. Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:09:12 G. Action Items 0:09:14 1. General Willson Building Site Plan and Certificate of Appropriateness Application No. Z-09235 (Continued from February 8, 2010) (Bristor) 7 Linked Minutes of the Bozeman City Commission, April 5, 2010 3 0:09:28 Chris Saunders, Interim Planning Director Mr. Saunders stated that there is a request to open and continue this item to April 19th. 0:10:32 Mayor Krauss Mayor Krauss stated that the item has been opened. 0:12:10 Mayor Krauss Mayor Krauss stated that he does not want to keep continuing the item and spoke regarding his concerns of public perception. 0:13:08 Public Comment Mayor Krauss opened public comment. No person commented Mayor Krauss closed public comment. 0:13:27 Motion to continue the General Willson Site Plan and Certificate of Appropriateness Application No. Z-09235 to a public hearing date on April 19, 2010. It was moved by Cr. Mehl, seconded by Cr. Taylor to continue the General Willson Site Plan and Certificate of Appropriateness Application No. Z-09235 to a public hearing date on April 19, 2010. 0:13:50 Mayor Krauss Mayor Krauss suggested tabling the item until a policy is in place. 0:14:54 Greg Sullivan, City Attorney Mr. Sullivan spoke regarding the Certificate of Appropriateness. 0:18:00 Vote on the Motion to continue the General Willson Site Plan and Certificate of Appropriateness Application No. Z-09235 to a public hearing date on April 19, 2010. Those voting Aye being Crs. Mehl and Taylor. Those voting No being Crs. Becker, Andrus and Mayor Krauss. The motion failed 2-3. 0:19:05 Motion to table this matter indefinitely. It was moved by Cr. Taylor, seconded by Cr. Becker to table this matter indefinitely. 0:22:17 Vote on the Motion to table this matter indefinitely. Those voting Aye being Crs. Taylor, Becker, Andrus, Mehl and Mayor Krauss. Those voting No being none. 8 Linked Minutes of the Bozeman City Commission, April 5, 2010 4 The motion passed 5-0. 0:22:27 2. Safeway Informal No. I-10003 (Krueger) 0:22:47 Deputy Mayor Becker Deputy Mayor Becker spoke to the Commission regarding the process of informal applications. The Commission is not in a process of approving or not approving the application, just an overview. 0:24:38 Mr. Sullivan Mr. Sullivan reiterated that there is not a formal application for this project. 0:24:55 Brian Krueger, Associate Planner Mr. Krueger stated that an application has been received for informal guidance. 0:25:39 Mr. Krueger Mr. Krueger gave the staff presentation regarding the Safeway Informal No. I-10003. The zoning is B-2 and the adjacent uses are B-2 uses. There was a site plan approved across the street from this proposed project. There is a Casino use on the property in the corner. The site is currently vacant. All the structures are proposed to be demolished and then construction of a new grocery store will take place. He spoke regarding a large retail standards. He showed access points, architectural style, the streetscape and spoke regarding pedestrian safety. He spoke regarding the CVS Pharmacy site and franchise architecture. 0:56:00 Mr. Krueger Mr. Krueger spoke regarding parking standards. 0:58:33 Jeff Parker, Real Estate Manager for Safeway Mr. Parker stated that Mr. Krueger's summary was a fair representation. Safeway is pleased to have the opportunity to pursue a new store in the City of Bozeman. The Ressler property affords them the opportunity. It will be an investment, and not just a monetary investment. This is a 12 million dollar investment and it is estimated to add around 60 jobs. He spoke regarding pedestrian connectivity to adjacent properties. He spoke regarding the location of the retail space. He spoke regarding the driveway on to Main Street. He has concerns of closing it. He spoke regarding the design of the building. He spoke regarding parking ratios and the landscape plan. 1:18:37 Public Comment Mayor Krauss opened public comment. No public comment. Mayor Krauss closed public comment. 9 Linked Minutes of the Bozeman City Commission, April 5, 2010 5 1:19:00 Mayor Krauss Mayor Krauss spoke regarding the more Urban environment on North 7th. He spoke regarding West Main and the traffic. He spoke regarding the design and franchise architecture. The guidance from staff is very good guidance. 1:27:48 Cr. Taylor Cr. Taylor spoke regarding this area being a crucial corner. He spoke regarding the existing business on the corner. He spoke regarding the need of having a connection with the CVS pharmacy site across the street and grade problems. He agrees with Mayor Krauss with the concern of the connection to West Main. 1:32:51 Cr. Andrus Cr. Andrus spoke regarding her appreciation of what staff has done. She likes Urban design. She spoke regarding moving the retail space. 1:34:18 Cr. Mehl Cr. Mehl urged that the applicant work with staff. He is interested in a traffic study. 1:35:08 Cr. Becker Cr. Becker asked the applicant if the site plan is designed to have expansion areas. 1:35:31 Mr. Parker Mr. Parker stated that there is not fuel stations planned. 1:37:39 Mr. Parker Mr. Parker spoke regarding separating the retail area from the building. 1:38:14 Cr. Becker Cr. Becker thanked the team for coming to Montana. He spoke regarding the building placement and priorities. He spoke regarding the egress issue on to Main Street. He spoke regarding this being an urban infill project. 1:44:09 3. West Winds Community Center Informal (Krueger) (Addendum) 1:44:47 Brian Krueger, Associate Planner Mr. Krueger gave the staff presentation regarding West Winds Community Center Informal; This is located on the west side of the City. This is a phased subdivision with 5 phases. He spoke regarding a proposed Community Center and the potential of loosing streets. He spoke regarding access and a proposed school site. 1:58:33 Mr. Krueger Mr. Krueger spoke regarding parkland frontage. 10 Linked Minutes of the Bozeman City Commission, April 5, 2010 6 2:00:37 Mr. Krueger Mr. Krueger spoke regarding Davis and 27th, which are arterial streets. 2:01:29 Cr. Mehl Cr. Mehl spoke regarding bike plan. 2:01:42 Mr. Krueger Mr. Krueger spoke regarding a multi-use path. 2:02:08 Mr. Krueger Mr. Krueger spoke regarding the gravel fines trail in the water core setback. 2:02:52 Cr. Mehl Cr. Mehl spoke regarding parking. 2:03:43 Mr. Krueger Mr. Krueger spoke regarding parking spots and a possible indoor sports facility. 2:04:22 Mr. Krueger Mr. Krueger spoke regarding financial guarantees. 2:06:33 Mr. Krueger Mr. Krueger spoke regarding parking areas. 2:07:17 Cr. Taylor Cr. Taylor asked about affordable housing. 2:07:27 Mr. Krueger Mr. Krueger spoke regarding the affordable housing condition. 2:09:11 Mr. Krueger Mr. Krueger spoke regarding the amount of space that will be acquired with the closing of Hunter's Way. 2:09:48 Clint Litle, HKM Engineering Mr. Litle stated that this is a great central location. He spoke regarding the internal street design. They want people to use arterials and collectors. There will be 12 points of access. He spoke regarding the loss of the Planned Unit Development area and the timing of construction with affordable housing. He spoke regarding the removal of connectivity assumption, bike routes and the proposed community center access. He spoke regarding the parkland requirements and the parkland corridor. 11 Linked Minutes of the Bozeman City Commission, April 5, 2010 7 2:18:06 Chris Budeski, Madison Engineering Mr. Budeski stated that he is involved with soccer. There are 3 fields proposed. This will encourage tournaments. Petra Academy stated that they will be willing to rent out gym space. They like the idea of bike routes. He spoke regarding local streets. 2:21:17 Shelly Williams, Partner in West Winds Ms. Williams stated that she conducted a sample door to door opinion survey in which she showed the plat map. All but one resident spoke in favor of discontinuing the streets. 2:22:19 Ken Williams, Partner in West Winds Mr. Williams of 1000 Abigale Ranch Road spoke regarding the School site. He spoke regarding the finishing of the park corridor. He spoke regarding improvements. 2:24:59 Greg Gianforte, Chairman of Petra Academy Mr. Gianforte spoke regarding Petra Academy and added that it is a K-12 Christian Center. They have been looking for location for some time and they prefer to do this in the City. This site meets the requirements needed. They want to be centrally located. He spoke regarding parking areas. 2:30:01 Public Comment Mayor Krauss opened public comment. 2:30:26 Curtis Johnson, Public Comment Mr. Johnson of 507 North 20th stated that he is a long term resident of this neighborhood and has been there for 35 years. He has two students in Petra. He spoke regarding the street closures. It may be a benefit to close them. He supports the school. 2:31:55 Dave Klem, Public Comment Mr. Klem of 2902 Oliver Street stated that he agrees with what others have said. He does not want to see Hunters Way go through. 2:32:33 Public Comment closed Mayor Krauss closed public comment. 2:32:57 Cr. Becker Cr. Becker spoke regarding prior right-of way-issues. It is a concern to lose the right-of-way. He asked that the developer look at the community benefit of closing the roads. Connectivity is an important issue for the community. 2:35:27 Cr. Andrus Cr. Andrus stated her appreciation of the group coming this evening. 12 Linked Minutes of the Bozeman City Commission, April 5, 2010 8 2:35:40 Cr. Mehl Cr. Mehl spoke regarding the size of the PUD. He asked for clarification from the applicant. 2:38:32 Cr. Taylor Cr. Taylor likes the idea of a school here and agrees with Cr. Becker. 2:39:19 Mayor Krauss Mayor Krauss spoke regarding parkland access by the general public. He spoke regarding the construction of parking lots. He spoke regarding the process of PUDs. 2:47:58 Break 3:02:42 Meeting called Back to Order Mayor Krauss called the meeting back to order. 3:02:52 4. Resolution No. 4248, Storm Water Construction Permit Fee Schedule (Johnson) 3:02:55 Dustin Johnson, Engineering Mr. Johnson gave the staff presentation regarding Resolution No. 4248, Storm Water Construction Permit Fee Schedule. This is a state and federal mandate. 3:06:55 Cr. Andrus Cr. Andrus wondered where the money will go once collected. 3:06:59 Mr. Johnson Mr. Johnson stated that it will go back into a storm water fee area within Engineering. 3:07:41 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3:08:17 Motion to approve Resolution No. 4248, Storm Water Construction Permit Fee Schedule amending it to be 50% of the schedule for the first year of implementation for PUD-Final Plan, Subdivision Final Plat (minor), Subdivision Final Plat (major) and After the Fact permit. It was moved by Cr. Becker, seconded by Cr. Andrus to approve Resolution No. 4248, Storm Water Construction Permit Fee Schedule amending it to be 50% of the schedule for the first year of implementation for PUD-Final Plan, Subdivision Final Plat (minor), Subdivision Final Plat (major) and After the Fact permit. 13 Linked Minutes of the Bozeman City Commission, April 5, 2010 9 3:08:59 Cr. Becker Cr. Becker spoke regarding a need for a transition period. 3:10:08 Cr. Taylor Cr. Taylor wondered if this will come back in front of the Commission. 3:13:43 Vote on the Motion to approve Resolution No. 4248, Storm Water Construction Permit Fee Schedule amending it to be 50% of the schedule for the first year of implementation for PUD-Final Plan, Subdivision Final Plat (minor), Subdivision Final Plat (major) and After the Fact permit. Those voting Aye being Crs. Becker, Andrus, Mehl, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:13:55 5. Ordinance No. 1783, Authorizing the City Manager to enter into a one year Ground Lease with Bill Tatarka for the Lease of the Mandeville Farm Property for the Purpose of Farming (Arkell) 3:14:17 Debbie Arkell, Director of Public Service Ms. Arkell gave the staff presentation regarding Ordinance No. 1783, Authorizing the City Manager to enter into a one year Ground Lease with Bill Tatarka for the Lease of the Mandeville Farm Property for the Purpose of Farming. The City has been leasing the land since the City purchased it in 2003. 3:15:54 Motion and Vote to Grant an Exception to Resolution No. 4250 to not require an Anti-Discrimination Clause within the Lease. It was moved by Cr. Andrus, seconded by Cr. Mehl to Grant an Exception to Resolution No. 4250 to not require an Anti-Discrimination Clause within the Lease. Those voting Aye being Crs. Andrus, Mehl, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:16:23 Motion and Vote to provisionally adopt Ordinance No. 1783, Authorizing the City Manager to enter into a one year Ground Lease with Bill Tatarka for the Lease of the Mandeville Property for the Purpose of Farming. It was moved by Cr. Andrus, seconded by Cr. Mehl to provisionally adopt Ordinance No. 1783, Authorizing the City Manager to enter into a one year Ground Lease with Bill Tatarka for the Lease of the Mandeville Property for the Purpose of Farming. 14 Linked Minutes of the Bozeman City Commission, April 5, 2010 10 Those voting Aye being Crs. Andrus, Mehl, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:16:48 6. Sourdough Forest Management Plan (Heaston) 3:17:07 Brian Heaston, Project Engineer Mr. Heaston gave the staff presentation regarding the Sourdough Forest Management Plan. He spoke regarding the need of reducing the risk and severity of a catastrophic wild fire in the Sourdough drainage. We need to have a reliable and adequate water supply to the City which is reduced by reducing the fuel in the watershed. This is in conjunction with the Forest Service. He showed prescribed burn areas. 3:22:43 Mr. Heaston Mr. Heaston spoke regarding landing pads for the helicopters. He showed a proposed road in the area. 3:23:44 Mr. Heaston Mr. Heaston stated that ground based logging is less expensive than helicopter harvest. 3:24:34 Mr. Heaston Mr. Heaston spoke regarding the harvest areas, implementation costs and alternatives. 3:29:22 Cr. Andrus Cr. Andrus asked if the water rates will need to be increased since the funding is coming out of the water enterprise fund. 3:29:47 Mr. Kukulski Mr. Kukulski stated that an increase is not in the current rate structure. This will need to be looked at when the 5 year set of rates are considered. 3:30:30 Cr. Mehl Cr. Mehl spoke regarding the 1,000 foot road. He would like to see this looked into further in the future. 3:32:07 Deputy Mayor Becker Deputy Mayor Becker spoke regarding the forestry plan recommendations. 3:33:10 Cr. Becker Cr. Becker wondered if it is possible to require bid alternates. 15 Linked Minutes of the Bozeman City Commission, April 5, 2010 11 3:34:25 Cr. Becker Cr. Becker spoke regarding intensities. 3:38:20 Mayor Krauss Mayor Krauss asked if this item was included in the Capital Improvements Program. 3:38:30 Mr. Kukulski Mr. Kukulski stated that he does not believe that the costs were included in the CIP and the funding will be looked at when readjusting Water Rate Structures. 3:39:47 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3:40:02 Motion to direct the City Public Works Department to work with the U.S. Forest Service - Gallatin National Forest (USFS-GNF) Bozeman Ranger District staff to implement City of Bozeman Forest Management Plan recommendations collaboratively, and in concert with, the USFS-GNF Bozeman Municipal Watershed Project with the understanding that said effort is likely to occur at a financial cost to the City over a 5-year period. It was moved by Cr. Mehl, seconded by Cr. Taylor to direct the City Public Works Department to work with the U.S. Forest Service - Gallatin National Forest (USFS-GNF) Bozeman Ranger District staff to implement City of Bozeman Forest Management Plan recommendations collaboratively, and in concert with, the USFS-GNF Bozeman Municipal Watershed Project with the understanding that said effort is likely to occur at a financial cost to the City over a 5-year period. 3:40:58 Cr. Becker Cr. Becker asked that the Engineer to attend to these issues when signing the Memorandum of Understanding. 3:41:28 Vote on the Motion to direct the City Public Works Department to work with the U.S. Forest Service - Gallatin National Forest (USFS-GNF) Bozeman Ranger District staff to implement City of Bozeman Forest Management Plan recommendations collaboratively, and in concert with, the USFS-GNF Bozeman Municipal Watershed Project with the understanding that said effort is likely to occur at a financial cost to the City over a 5-year period. 16 Linked Minutes of the Bozeman City Commission, April 5, 2010 12 Those voting Aye being Crs. Mehl, Taylor, Becker, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:41:41 7. Appointment to the Board of Adjustment (Kissel) 3:42:00 Motion and Vote to appoint Caroline Adams be appointed as the new member on the Board of Adjustment. It was moved by Cr. Mehl, seconded by Cr. Taylor to appoint Caroline Adams be appointed as the new member on the Board of Adjustment. Those voting Aye being Crs. Mehl, Taylor, Becker, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:43:00 8. Appointment to the Design Review Board (Kissel) 3:43:06 Stacy Ulmen, City Clerk Ms. Ulmen stated that one of the applicants has attended the meeting awaiting public comment. 3:43:13 Public Comment Mayor Krauss opened public comment. 3:43:23 James Russell Davis, Public Comment Mr. Davis 6 Candelight Drive stated that he applied for the board last fall and was denied the position because he had not lived in the area long enough. He has now been here 6 months. He spoke regarding other businesses he has been working for. 3:44:24 Public Comment closed Public Comment was then closed and discussion among the Commission began. 3:44:28 Mayor Krauss Mayor Krauss spoke regarding this position being a non-professional position. He feels a professional could be appointed to the position. 3:45:38 Cr. Taylor Cr. Taylor spoke regarding his thoughts behind the position. 3:47:24 Cr. Becker Cr. Becker spoke regarding the definition of a non-professional. Cr. Becker stated that he does not have a problem with appointing either one of these individuals to the position. 17 Linked Minutes of the Bozeman City Commission, April 5, 2010 13 3:48:45 Mayor Krauss Mayor Krauss opened the floor for nominations. None were made. 3:49:02 Cr. Becker Cr. Becker spoke regarding the current balance of the board. 3:49:49 Cr. Andrus Cr. Andrus stated that there is a reason for a non-professional. 3:50:44 H. FYI/Discussion 3:50:49 1. Update on Backflow Protection Program (Alston) Mayor Krauss asked if a back flow valve is required for installing a water heater. Ms. Arkell stated that she will get an answer and email it to Mayor Krauss. Ms. Arkell later reported that Mr. Alston emailed in that you do not need a back flow valve for a water heater. 3:51:44 2. Economic Development Council Ordinance Mr. Kukulski stated that an Ordinance is coming before the Commission regarding the Economic Development Council. 3:52:14 3. Cancellation of April 8, 2010 Policy Meeting Mr. Kukulski stated that there has been a conflict in scheduling on this date. Mr. Sullivan stated that he would like to add the item that was going to be discussed to the Regular Meeting agenda on April 12th. This is a discussion of the required Charter Amendment. 3:54:24 4. Metric of Recalling things to the Commission Cr. Mehl asked if there is a metric of recalling things directly to the Commission. Is it only based on an applicant's request? He would like direction on this. 3:55:11 5. Incentivizing Buying Local Cr. Mehl stated that he is getting approached about the City buying local. He would like to see a policy discussion on this. Mr. Sullivan stated that bidding procedures are to go to the lowest responsible bidder. 3:57:29 6. Advisory Board Effectiveness Cr. Mehl suggested more training for the Advisory Board surrounding what the intent of the Commission is. This is more of a training of what the vision of the City. Cr. Taylor agreed. 4:00:43 7. Ordinance re: Prohibiting Tables on Curbs Cr. Becker wants a discussion regarding this Ordinance. He wants to know what it is and what it says. Maybe discuss should it be changed or not. It was discussed to cover this when the Encroachment Ordinance comes back to the Commission. Cr. Becker will work with Ms. Arkell on this. 18 Linked Minutes of the Bozeman City Commission, April 5, 2010 14 4:01:32 8. Ordinance re: Demolition of Historic Structures Process Cr. Becker suggested reviewing this Ordinance. 4:01:44 9. Review of the DRB and the BOA Ordinances. Cr. Becker suggested that the scope of the DRB and the BOA Boards should be looked at. Cr. Mehl suggested that Planning and Zoning be looked at as well. The Mayor stated that meeting with every board will take a lot of time. Cr. Mehl envisions that the Commission Liaisons would carry this out to the Boards after the meetings take place. 4:05:52 10. Story Mansion Transition Cr. Taylor wondered when this will be discussed. Mr. Kukulski stated that this item is on the work plan which will be looked at next Monday night. Mr. Kukulski stated that he did not see this as a policy discussion that needs to take place in the next couple of months. The Commission can look at the priorities when they review the work plan. 4:10:48 I. Adjournment Mayor Krauss adjourned the meeting at 10:10 p.m. ______________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________. 19