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HomeMy WebLinkAboutMay 17, 2010 Minutes 1 of 13 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 17, 2010 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday May 17, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Interim Planning Director Chris Saunders, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. 0:00:07 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. 0:00:08 B. Pledge of Allegiance and a Moment of Silence 0:01:02 C. Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. 0:01:03 Chris Kukulski Mr. Kukulski said there were no changes to the agenda. 0:01:10 Motion and Vote to approve the April 19, 2010 regular meeting minutes. It was moved by Cr. Taylor, seconded by Cr. Andrus to approve the April 19, 2010 regular meeting minutes. Those voting Aye being Crs. Taylor, Andrus, Becker, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:01:26 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize Waiver of Discrimination Requirement and Approve Agreement for Sharing and Severing Utilities at the former Bozeman City Hall (Kukulski) 3. Authorize City Manager to sign a Signal Agreement between the Montana Department of Transportation and the City of Bozeman for a period of five years beginning July 1, 2010 (Arkell) 22 Minutes of the Bozeman City Commission, May 17, 2010 2 of 14 4. Authorize City Manager to sign Notice of Award for the Bogert Park Sidewalk Replacement and Pedestrian Ramp Installations Project to Pioneer Mountain Substructures, LLC. in the amount of $61,363.70 (Kerr) 5. Authorize City Manager to sign a Contract in the amount of $500.00 a year with Gallatin Valley Elevator for elevator service at City Hall (Goehrung) 6. Authorize City Manager to sign Contracts for Lawn Care Services for City Facilities for the 2010 and 2011 season to Alpine Lawn Care and Sweet Pea Landscaping Inc. (Goehrung) 7. Authorize City Manager to sign Contracts for Janitorial Services for City owned buildings for fiscal year 2010-2011 to Dust Bunnies Cleaning Services and Montana Building Maintenance (Goehrung) 8. Approve the Monthly Building Report for April 2010 (Risk) 9. Approve Buttrey's Solvent Site Cost Recovery in the amount of $2,647.97 (Cooper) 10. Approve Adopting the Williams Industrial Park Annexation No. A-10001A Findings with the 15 Recommended Terms of Annexation listed on Pages 2-4 of the Staff Report, and Direct Staff to prepare an Annexation Agreement for signature by the parties (moved from May 3, 2010) (Krueger) 11. Approve Resolution No. 4255, Authorizing City Manager to sign Change Order No. 6 for Bozeman Water Reclamation Facility, Phase I Improvements (Murray) 12. Finally adopt Ordinance No. 1781, Establishing Impound Storage Fees and Updating Immobilization Procedures (McLane) 13. Finally adopt Ordinance No. 1785, Amending Chapter 12.22 of the BMC, "Downtown Sidewalk Encroachment Permit Program," to allow for non- substantial, substantial, and exclusive uses in public right-of-way of the Downtown Business District (Bristor/Heaston) 14. Finally adopt Ordinance No. 1787, Amending Ordinance No. 1729, Section 3.30.040 Minimum Level of Budgeted General Fund Unreserved Fund Balance (Rosenberry) 15. Finally adopt Ordinance No. 1788, Adopting Ballot Language for the Referendum on Increasing the Number of City Commissioners from Four to Six (Sullivan) 0:01:40 Public comment on consent items E 1-15. Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:02:20 Cr. Mehl Cr. Mehl asked City Attorney Sullivan to clarify consent item no. 2 23 Minutes of the Bozeman City Commission, May 17, 2010 3 of 14 0:02:30 Greg Sullivan, City Attorney Mr. Sullivan provided information on consent item E. 2. 0:05:53 Motion and Vote to approve consent items E. 1-15. It was moved by Cr. Andrus, seconded by Cr. Becker to approve consent items E. 1-15. Those voting Aye being Crs. Andrus, Becker, Mehl, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:06:19 F. Public Comment Mayor Krauss opened public comment. 0:06:47 Paul Grossman, Public Comment Mr. Grossman of 2003 South Rouse and owner of Looie's Down Under spoke regarding consent item number thirteen. He feels frustrated with the rules related to outside cafe seating. 0:10:48 Public Comment Closed Seeing no further public comment, Mayor Krauss closed public comment. 0:10:55 G. Action Items 0:10:55 1. Development Impacts (Big Box) Fund for the Reconstruction of the American Legion, Gallatin Post 14 (Krauss) 0:10:56 Mayor Krauss Mayor Krauss provided the staff recommendation on this item. 0:15:15 Cr. Mehl Cr. Mehl confirmed that this money would go towards construction of the building. 0:15:54 Cr. Becker Cr. Becker began discussion regarding the possibility of a match of some kind. 0:17:16 Cr. Andrus Cr. Andrus began questions regarding the HUD money the Legion was not able to utilize. 0:18:18 Cr. Becker continued discussion regarding the possibility of conditioning this item to disbursement upon certificate of occupancy. 0:19:19 Public Comment Mayor Krauss opened public comment. 24 Minutes of the Bozeman City Commission, May 17, 2010 4 of 14 0:19:33 Chris Naumann, Public Comment Mr. Naumann, Executive Director of the Downtown Bozeman Partnership spoke regarding the history of big box fund money. He also spoke regarding the large number of other projects Big Box money could be used for. He then spoke regarding the needs of the American Legion and that this would be one good way to use those funds. 0:21:48 Public comment Closed Seeing no further comment Mayor Krauss closed public comment and opened motion, discussion and vote. 0:21:56 Motion to approve $30,878. from the Development Impacts Fund for the reconstruction of the American Legion, Gallatin Post 14 to be disbursed upon issuance of certificate of occupancy. It was moved by Cr. Becker, seconded by Cr. Mehl to approve $30,878. from the Development Impacts fund for the reconstruction of the American Legion, Gallatin Post 14 to be disbursed upon issuance of certificate of occupancy. 0:22:29 Cr. Becker Cr. Becker began discussion on the motion explaining his rationale. 0:24:03 Cr. Mehl Cr. Mehl continued discussion on the motion saying he would support this motion as submitted by Cr. Becker. 0:25:24 Cr. Andrus Cr. Andrus continued discussion on the motion saying she would also support the motion. 0:25:51 Cr. Taylor Cr. Taylor continued discussion saying that he would not condition the money at all. 0:27:10 Mayor Krauss Mayor Krauss continued discussion on the motion saying he does not feel a condition is necessary. 0:30:16 Motion to amend the main motion to drop off the condition of occupancy clause. It was moved by Cr. Taylor to amend the main motion to drop off the condition of occupancy clause. The motion died for lack of a second. 0:30:37 Cr. Mehl Cr. Mehl continued discussion on this item. 25 Minutes of the Bozeman City Commission, May 17, 2010 5 of 14 0:31:32 Vote on the motion to approve $30,878. from the Development Impacts fund for the reconstruction of the American Legion, Gallatin Post 14 to be disbursed upon issuance of certificate of occupancy. Those voting Aye being Crs. Becker, Mehl, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:32:06 Rules of Procedure Suspended Mayor Krauss suspended the rules of procedure to allow questions and discussion to flow freely between Commission and Staff on action item two. 0:32:57 Chris Saunders, Interim Planning Director Mr. Saunders began the discussion on this item thanking the Commission for attending the tour. He asked the Commission for suggestions regarding improving the tour. 0:34:19 Cr. Mehl Cr. Mehl asked Mr. Saunders what he feels might have been missed on the tour. 0:34:23 Mr. Saunders Mr. Saunders explained that due to the limited time available for the tour, they did not touch upon another four hours of examples providing specific parts of town he would have liked to cover, but lacked time to do so. 0:35:06 Cr. Mehl Cr. Mehl found the tour very valuable and would like to see the Commission do the tour every year. He also thanked planning board members and citizens that came along. Cr. Mehl then spoke regarding properties that are in failure right now, asking staff what can be done regarding these properties. 0:36:46 Cr. Andrus Cr. Andrus also found the tour valuable and thanked the staff for the discussion on the bus. Next time she would like to go see a project that did not go as planned. She would also like to discuss ways to improve projects such as Story Mill. 0:38:06 Cr. Taylor Cr. Taylor said he enjoyed the tour and learned a lot from the group of people that provided information on the bus tour. He liked the piece regarding the alleys. He was also struck by the great planning job throughout the City. He would like these types of informative tours to continue. 26 Minutes of the Bozeman City Commission, May 17, 2010 6 of 14 0:40:15 Cr. Becker Cr. Becker mentioned he would like to attend a watershed tour and other helpful tours in the future. 0:41:06 Mayor Krauss Mayor Krauss also thanked everyone for attending and said this was really for a commonality of experience. Mayor Krauss spoke regarding 25 foot compared to 50 foot setbacks on arterials and planned unit development. He would like placed on an agenda - a discussion on how many PUD points you can receive for just leaving a space empty rather than for better design, structured parking, etc. He liked the 50 foot setback when the flat side was right against the setback or outdoor dining right against the setback. The same setback failed on the corner of Oak where the bank has a corner touching the setback. One building is surrounded by not very useful green space. On 19th where empty spaces haven't been built, but when buildings built up close, there will be an improvement there. It won't look too large with large buildings up against setback. Placing parking lots behind buildings should be our design. No amount of berm will hide expanses of asphalt. In major entryway corridors with 50 foot setback, the parking should be placed on the interior. As we redevelop N. 7th, or West Main, we should reduce the number of curb cuts to improve traffic flow. He would like to see shared parking lots, or turning at the next cross street to turn into a parking lot from the back. He also said he felt it is inadvisable to give up utility right of ways. He said he saw a number of places that did have opportunities for eating and drinking outside but they were on private property, and seemed to be working very well. More of that everywhere seems like a great idea. Mayor Krauss said he would have liked to cruise out to North Seventh to see all the hard work NSURB is doing. He feels the Commission did see one failure on the tour with one development with empty stores. Mayor Krauss was pushing the idea of all the buildings up to the setback. At the time, the Commission did not want to give up the B-1 designation there, but it just is not working in that location. The Commission should try to avoid government by theory. Mayor Krauss also mentioned the failure with the Story Mill project and the loss of the mobile home park there. He would like to see this area go back to RMH zoning. 0:55:55 Mayor Krauss brought back the rules of procedure. 0:55:57 3. Williams Industrial Park Zone Map Amendment No. Z-10037 (Opened and Continued from May 3, 2010) (Krueger) 0:56:31 Brian Krueger, Associate Planner for Planning and Community Development Mr. Krueger began the staff presentation on this item. 1:01:55 Jason Leep, Applicant Mr. Leep with MRI Landmark made himself available for questions. 27 Minutes of the Bozeman City Commission, May 17, 2010 7 of 14 1:02:15 Mr. Leep, Applicant Responding to a question from Cr. Andrus, Mr. Leep said he did not know yet what he would be placing on this location. 1:03:07 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 1:03:19 Motion and Vote to adopt the findings presented in the staff report and approve an initial zoning designation of M-2 (Manufacturing Industrial District) for the property subject to the contingencies outlined in the staff report. It was moved by Cr. Mehl, seconded by Cr. Taylor to adopt the findings presented in the staff report and approve an initial zoning designation of M-2 (Manufacturing Industrial District) for the property subject to the contingencies outlined in the staff report. Those voting Aye being Crs. Mehl, Taylor, Andrus, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 1:04:47 4. Baja Fresh Conditional Use Permit and Certificate of Appropriateness with Deviation and Public Access Easement Encroachment, Application No. Z-10066 (Riley) 1:05:01 Doug Riley, Department of Planning and Community Development Mr. Riley provided the staff presentation on this item. 1:13:35 Cr. Mehl Cr. Mehl requested that if a change is made to materials he and the public receive an email notification of the change. He would also like new materials to be provided in hard copy at the meeting. Cr. Mehl then asked the City Attorney or Planning Department to point out the significance of the changes. 1:14:27 Greg Sullivan Mr. Sullivan explained that the main change was made to condition number two recognizing statutory tort limits. 1:15:14 Mr. Riley Mr. Riley explained staff condition number four per a request from Commissioner Mehl. 1:15:54 Cr. Taylor Cr. Taylor continued questions for staff asking what type of traffic walks the path. 28 Minutes of the Bozeman City Commission, May 17, 2010 8 of 14 1:19:25 Eric Nelson, Applicant Mr. Nelson, from ThinkTank Design Group gave the applicant presentation on this item. He explained that there would be no gaming in the franchise agreement. Mr. Nelson asked for clarification on condition six given that he hasn't finalized a design. He would like to see the last sentence stricken with the addition of the words, 'egress as determined by the building dept.' due to the slight grade change. 1:22:35 Cr. Andrus Cr. Andrus began questions regarding gaming. 1:24:19 Mayor Krauss Mayor Krauss asked questions regarding zoning. 1:25:35 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 1:25:42 Motion to approve the Baja Fresh Conditional Use Permit and Certificate of Appropriateness with Deviation and Public Access Easement Encroachment application No. Z-10066, to allow an all alcoholic beverage license on the property located at 1459 North 19th Avenue with conditions outlined in the staff report with an amendment to include the granting of a ten foot entryway corridor setback deviation and public access easement encroachment for a fenced in outdoor seating area. It was moved by Cr. Taylor, seconded by Cr. Andrus to approve the Baja Fresh Conditional Use Permit and Certificate of Appropriateness with Deviation and Public Access Easement Encroachment application No. Z-10066, to allow an all alcoholic beverage license on the property located at 1459 North 19th Avenue with conditions outlined in the staff report with an amendment to include the granting of a ten foot entryway corridor setback deviation and public access easement encroachment for a fenced in outdoor seating area. 1:26:25 Motion and Vote to amend condition approval number six striking 'directly opposite the doorway'. It was moved by Cr. Becker, seconded by Cr. Taylor to amend condition approval number six striking 'directly opposite the doorway'. Those voting Aye being Crs. Becker, Taylor, Andrus, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 29 Minutes of the Bozeman City Commission, May 17, 2010 9 of 14 1:27:00 Mayor Krauss Mayor Krauss began discussion on this item. 1:30:49 Vote to approve the Baja Fresh Conditional Use Permit and Certificate of Appropriateness with Deviation and Public Access Easement Encroachment application No. Z-10066, to allow an all alcoholic beverage license on the property located at 1459 North 19th Avenue with conditions outlined in the staff report with an amendment to include the granting of a ten foot entryway corridor setback deviation and public access easement encroachment for a fenced in outdoor seating area and amending condition approval number six striking 'directly opposite the doorway'. Those voting Aye being Crs. Taylor, Andrus, Becker, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 1:31:00 Break Mayor Krauss called for a fifteen minute break. 1:49:57 Back from Break 1:50:18 Mayor Krauss called the meeting back to order. 1:50:27 5. J & D Family Major Subdivision Preliminary Plat Application No. P-10001 (Skelton) 1:50:41 Dave Skelton, Senior Planner - Department of Planning and Community Development Mr. Skelton began the staff presentation on this item. 2:27:24 Cr. Andrus Cr. Andrus began questions regarding unresolved issues on lighting fixtures. 2:28:53 Cr. Andrus Cr. Andrus began questions regarding stream disturbance mitigation. 2:31:18 Cr. Mehl Cr. Mehl began questions regarding the future trail proposed. 2:31:33 Cr. Mehl Cr. Mehl asked questions regarding GVLT's recommendations on this project. 2:33:57 Cr. Mehl Cr. Mehl asked questions regarding the jagged lot edges. 2:35:59 Cr. Mehl Cr. Mehl asked questions regarding the lights. 30 Minutes of the Bozeman City Commission, May 17, 2010 10 of 14 2:36:32 Bob Murray, Engineering Dept. Mr. Murray spoke regarding the lighting issue. 2:37:27 Cr. Taylor Cr. Taylor asked for information on the light 'throw' of the lighting fixtures. 2:45:28 Cr. Becker Cr. Becker asked a question regarding the speed limit and how it relates to the lighting issue. 2:48:14 Cr. Becker Cr. Becker confirmed this project will be part of the lighting district. 2:49:36 Tom Henedge, Big Sky Land Consulting on behalf of the applicant J & D Family Partnership Mr. Henedge thanked the Commission for the diligence shown so far. He said he is opposed to condition twenty-three to build improvements of Cottonwood Road with phase one. They are currently participating in the construction of Cottonwood Road with Norton East Ranch. The applicant would like phase one improvements to Cottonwood Road be required with phase two to allow time to have a deeper discussion on the lighting issues. 2:53:03 Cr. Becker Cr. Becker began questions for the applicant. 2:54:10 Joe Billion, Applicant Mr. Billion of 32 Keen Drive explained that phase one and two are planned. Phase one will likely be started in October or November with the Nissan dealership going in first. Phase two would be later in the spring. 2:56:59 Cr. Mehl Cr. Mehl began questions regarding the lights. 2:58:38 Bob Murray, Engineering Mr. Murray expressed concerns regarding delaying the Cottonwood Road improvements due to fairness and consistency. 2:59:18 Mayor Krauss Mayor Krauss began questions for staff. 3:02:42 Cr. Mehl Cr. Mehl continued questions for staff. 3:04:12 Mr. Skelton, Planning Mr. Skelton continued explanation regarding the lighting issue. 31 Minutes of the Bozeman City Commission, May 17, 2010 11 of 14 3:10:00 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3:10:08 Mayor Krauss Mayor Krauss began discussion on this item. 3:11:33 Greg Sullivan, City Attorney Mr. Sullivan asked that the Commission to approve the staff findings when making the motion. 3:11:54 Mayor Krauss Mayor Krauss began discussion regarding the 1229 foot block saying he prefers sticking closer to the block size requirements. 3:18:31 Motion to conditionally approve the preliminary plat application for J & D Family Major Subdivision Planning Application No. P-10001 to include variances to Section 18.42.040.B and 18.42.040.C, Bozeman Municipal Code with said conditions listed in the Planning Board Resolution and adopt the staff findings with secondary findings for the subdivision application for both variances with Planning Board conditions. It was moved by Cr. Andrus, seconded by Cr. Becker to conditionally approve the preliminary plat application for J & D Family Major Subdivision Planning Application No. P-10001 to include variances to Section 18.42.040.B and 18.42.040.C, Bozeman Municipal Code with said conditions listed in the Planning Board Resolutions and adopt the staff findings for the subdivision application for both variances with Planning Board conditions. 3:22:12 Amendment to the main motion that we strike provision #33 and edit provision #12 to replace the words Automotive Avenue with Cottonwood Road. It was moved by Cr. Mehl, seconded by Cr. Taylor to strike provision no. thirty-three and edit provision no. twelve to replace the words Automotive Avenue with Cottonwood Road. 3:22:51 Mayor Krauss Mayor Krauss began discussion on the motion. 3:23:53 Vote on the amendment to the main motion that we strike provision #33 and edit provision #12 to replace the words Automotive Avenue with Cottonwood Road. Those voting Aye being Crs. Mehl, Taylor, Andrus, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 32 Minutes of the Bozeman City Commission, May 17, 2010 12 of 14 3:24:21 Cr. Becker Cr. Becker continued discussion regarding the lighting issue. 3:25:15 Motion (to change engineering condition 23 last sentence to say,) that all improvements to Cottonwood Road except the lighting shall be completed in its entirety in phase one of the development with the lighting completed in their entirety in phase two. It was moved by Cr. Becker, seconded by Cr. Mehl (to change engineering condition 23 (last sentence) to say,) that all improvements to Cottonwood Road except the lighting shall be completed in their entirety in phase one of the development with the lighting to be completed in their entirety in phase two. 3:25:54 Cr. Andrus Cr. Andrus continued questions for staff regarding the lighting. 3:26:40 Mayor Krauss Mayor Krauss reiterated that he cannot support 'brontosaurus' lights being installed and feels sure there must be another solution such as moving the sidewalk, making the boulevard smaller, etc. 3:32:02 Mr. Skelton Mr. Skelton mentioned that the pre-construction conference for the Cottonwood construction is taking place tomorrow. 3:35:57 Mr. Murray, Engineering Mr. Murray mentioned the concern that the other development has approved plans and specs. and it would not be appropriate to add conditions after the fact to the Norton East Ranch Subdivision. 3:37:03 Mr. Sullivan Mr. Sullivan asked whether anyone knows whether the other developer involved would be willing to an alternative. 3:39:54 Mr. Henedge, Applicant Mr. Henedge said he had spoken with a representative from the Norton East Ranch and he had stated he would like to work with the City on this. 3:40:39 Cr. Taylor Cr. Taylor spoke to the amendment. 3:42:39 Vote on the amendment to the main motion (to change engineering condition 23 last sentence to say,) that all improvements to Cottonwood Road except the lighting shall be completed in their entirety in phase one of the development with the lighting to be completed in their entirety in phase two. 33 Minutes of the Bozeman City Commission, May 17, 2010 13 of 14 Those voting Aye being Crs. Becker, Mehl, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:44:08 Vote on the motion to conditionally approve the preliminary plat application for J & D Family Major Subdivision Planning Application No. P-10001 to include variances to Section 18.42.040.B and 18.42.040.C, Bozeman Municipal Code with said conditions listed in the Planning Board Resolutions and adopt the staff findings for the subdivision application for both variances with Planning Board conditions with the amendment to the main motion that we strike provision #33 and edit provision #12 to replace the words Automotive Avenue with Cottonwood Road and an amendment to the main motion to (change engineering condition 23 last sentence to say,) that all improvements to Cottonwood Road except the lighting shall be completed in their entirety in phase one of the development with the lighting completed in their entirety in phase two. Those voting Aye being Crs. Andrus, Becker, Mehl, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:44:24 H. FYI/Discussion 3:44:29 1. Bike to Work Week Cr. Taylor mentioned that this week is 'Bike to Work Week' (sponsored by the Bozeman Area Bicycle Advisory Board) and he and Mayor Krauss attended the first morning coffee event. 3:45:22 2. Cr. Andrus will not be attending the meeting on June 7th. 3:45:30 3. No meeting on the 31st or the 1st because that is the fifth Monday. 3:46:07 4. Cr. Taylor will not be attending the meeting on the 20th. 3:46:25 5. Reminder of Policy Meeting on Thursday, May 20th at noon. 3:46:44 6. Mobile Home Rezoning Mayor Krauss asked the Commissioners to contact him individually regarding this issue. 3:47:13 I. Adjournment Mayor Krauss adjourned the meeting at 9:52 p.m. 34 Minutes of the Bozeman City Commission, May 17, 2010 14 of 14 ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________. 35