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HomeMy WebLinkAbout03-08-10 Minutes, City CommissionLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 8, 2010 ******c*************** 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. Minutes of the Bozeman City Commission, March 8, 2010 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 2 Minutes of the Bozeman City Commission, March 8, 2010 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. 3 Minutes of the Bozeman City Commission, March 8, 2010 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 i included. 1:18:59 Mayor Krauss Mayor Krauss closed the public hearing. 4 is to be Minutes of the Bozeman City Commission, March 8, 2010 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. Ile 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 514,999 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 S14,999 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, S184,600 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. 5 Minutes of the Bozeman City Commission, March 8, 2010 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 l'&11 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. 6 Minutes of the Bozeman City Commission, March 8, 2010 2:25:13 4. llth College Roundabout (Heaston 2:25:55 Brian Ileaston, Project Engineer Mr. Heaston gave the staff presentation regarding the llth 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. 7 Minutes of the Bozeman City Commission, March 8, 2010 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 Lashawav, 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 ilth& 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. 8 Minutes of the Bozeman City Commission, March 8, 2010 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 1 lth& 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 llth& 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 1 lth& 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 S150,840.65 (+$21,535.65) for the College &nth 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 5150,840.65 (+S21,535.65) for the College &llth roundabout project. Those voting Ave 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. 9 Minutes of the Bozeman City Commission, March 8, 2010 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 Improveinent District Tax Increment Financing Board (IDB-TIF) (Kissel) 1 0 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. Minutes of the Bozeman City Commission, March 8, 2010 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 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. 11 jeffr. laus,s, Mayor Minutes of the Bozeman City Commission, March 8, 2010 12