HomeMy WebLinkAboutMay 24, 2010 Minutes
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 24, 2010
**********************
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, May 24, 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. ]
A. Call to Order – 5:30 p.m. – Commission Room, City Hall, 121 North Rouse
B. Executive Session - Litigation Strategy
* The Mayor may close to the public all or portions of this meeting pursuant to Sect. 2-3-
203(4)(a), MCA, if the Mayor finds the meeting involves a discussion of litigation strategy and
an open meeting would have detrimental effect on the litigation position of the City.
*A separate set of minutes has been prepared for the Executive Session.
0:07:54 C. Call to Order regular meeting – 6 p.m.
Mayor Krauss called the meeting to order at 6:22 p.m. He announced that there was an Executive
Session prior to this meeting.
0:08:07 D. Pledge of Allegiance and a Moment of Silence
0:08:57 Welcome
Mayor Krauss welcomed everyone to the meeting.
0:09:06 E. Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the Agenda.
0:09:08 Chris Kukulski, City Manager
Mr. Kukulski asked that item H.8 be removed from the agenda.
40
Minutes of the Bozeman City Commission, May 24, 2010
2
0:09:27 Mayor Krauss
Mayor Krauss stated that he will be accepting public comment on tonight's special presentation.
0:10:00 F. Public Service Announcement – New Bozeman Tree Guide and $50 Cost Share
Trees (Mary Keck, tree Advisory Board)
0:10:02 Mary Keck, Tree Advisory Board
Ms. Keck gave a special presentation on the New Bozeman Tree Guide and $50 Cost Share
Trees. Information is at the City Shops and located on the City Web Site home page.
0:11:40 G. Minutes – April 12, 2010 regular meeting minutes and April 12, 2010
executive session minutes
0:11:43 Motion and Vote to approve the April 12th Regular Meeting and the April 12th
Executive Session Minutes.
It was moved by Cr. Taylor, seconded by Cr. Andrus to approve the April 12th Regular
Meeting and the April 12th Executive Session Minutes.
Those voting Aye being Crs. Taylor, Andrus, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:12:03 H. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign a Memorandum of Understanding with F&H LLC for
Department of Housing and Urban Development (HUD) funded downtown
reconstruction (Gauley)
3. Authorize City Manager to sign Notice of Award to Pall Corporation in the amount of
$5,558,300. for the Bozeman Water Treatment Plant Membrane Procurement (Murray)
4. Authorize City Manager to sign Award of Contract to TD&H Engineering for concrete
inspection and testing services for the Vehicle Maintenance Building and HRDC Bus Barn
(Goehrung)
5. Approve Resolution No. 4257, Authorizing City Manager to sign Change Order No. 7 for
the Lower Yard Vehicle Maintenance and HRDC Bus Barn (Goehrung)
6. Approve Resolution No. 4258, Authorizing City Manager to sign Change Order No. 8 for
the Lower Yard Vehicle Maintenance and HRDC Bus Barn (Goehrung)
7. Appoint Deputy Mayor Becker and Commissioner Taylor to review Depository Bonds
and Pledged Securities as of March 31, 2010 (Clark)
8. Concur with City Manager's Appointment of Richard Gale to the Police Commission
(Kissel)
41
Minutes of the Bozeman City Commission, May 24, 2010
3
0:12:06 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:12:27 Motion to approve consent items H. 1-7.
It was moved by Cr. Andrus, seconded by Cr. Becker to approve consent items H. 1-7.
0:12:34 Cr. Mehl
Cr. Mehl spoke regarding Consent Item H.3 Authorize City Manager to sign Notice of Award to
Pall Corporation in the amount of $5,558,300 for the Bozeman Water Treatment Plant
Membrane Procurement.
0:13:06 Vote on the Motion to approve consent items H. 1-7.
Those voting Aye being Crs. Andrus, Becker, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:13:17 I. Public Comment
Mayor Krauss opened public comment.
0:14:09 Mary Keck, Public Comment
Ms. Keck of 411 North 3rd spoke regarding the Sourdough Dam. We need a backup Plan. We
can't depend on one water source.
0:15:09 Public Comment closed
Mayor Krauss closed public comment.
0:15:14 J. Special Presentation – Sourdough Dam / Reservoir Project (Heaston)
0:15:21 Mayor Krauss
Mayor Krauss stated that this will be the first time that the Commission and the Public have
heard this presentation.
0:15:35 Brian Heaston, Staff Engineer
Mr. Heaston began the presentation on the Sourdough Dam / Reservoir Project. He stated that
Principal Consultant Dave Aune with Great West Engineering will be conducting most of the
presentation.
42
Minutes of the Bozeman City Commission, May 24, 2010
4
0:16:13 Dave Aune, Great West Engineering
Mr. Aune gave a power point presentation regarding Water Resource Planning and the
Sourdough Dam / Reservoir Project. He spoke regarding the need, previous planning, the
strategy proposed, water supply capacity, conservation, water supply enhancements, water rights,
a replacement dam, the City's proposed public approach, the scope of work, development plan,
and showed a general project timeline.
0:23:05 Public Comment
Mayor Krauss stated that before the discussion begins, he asked if there was any additional
public comment.
0:23:28 Roger Durahm, Public Comment
Mr. Durahm from American Legion Post 14 stated that there is a Memorial Day Parade at 9:30
a.m. on Monday. He invited the Commission to the event. There will be 27 Gold Star families
attending.
0:23:59 Mayor Krauss
Mayor Krauss stated that a Gold Star family is one that has lost a loved one.
0:24:31 Mayor Krauss
Mayor Krauss stated that we will now go back to the Special Presentation.
0:25:03 Public Comment
Mayor Krauss opened public comment.
0:25:23 Marcia Youngman, Public Comment
Ms. Youngman spoke regarding the current trail in the Sourdough canyon. It hurts her to think
about submerging part of it. This is a precious landscape. She spoke regarding Citizen
Involvement. The Community has options. This sounds like a campaign to build a dam. Other
options need to be looked into.
0:28:40 Gretchen Rupp, Public Comment
Ms. Rupp of 221 Lindley Place stated that it is her hope that we are focusing on water resource
planning and not just a dam. She urged the City to conduct a study. She spoke regarding having
data available. She spoke regarding water rights.
0:30:21 Jennifer Bobca, Public Comment
Ms. Bobca of 1232 West Babcock spoke regarding altering natural systems and the
environmental effects. She is wondering about the long term sustainability of the project.
43
Minutes of the Bozeman City Commission, May 24, 2010
5
0:30:55 Public Comment closed
Mayor Krauss closed public comment.
0:31:18 Cr. Andrus
Cr. Andrus stated that she wants other options looked into.
0:32:40 Mr. Aune
Mr. Aune spoke regarding water conservation. A dam takes a lot of time to investigate.
0:34:38 Cr. Becker
Cr. Becker asked when the Commission would receive a formal brief on the project.
0:34:50 Mr. Aune
Mr. Aune stated that public outreach is the next step. Possibly July or August they will return to
the Commission with a scope of work.
0:36:23 Cr. Becker
Cr. Becker asked when the area would be staked out.
0:36:38 Mr. Aune
Mr. Aune stated that they know where the stake locations are.
0:37:00 Mayor Krauss
Mayor Krauss suggested using red dots on a map or GIS Coordinates.
0:40:00 Cr. Mehl
Cr. Mehl spoke regarding the cost of the project. He wondered what other communities have
done for water conservation.
0:40:39 Mr. Aune
Mr. Aune stated that other communities are in a different situation. He spoke regarding
reservoirs and wells.
0:42:26 Cr. Mehl
Cr. Mehl wondered if there has been an opinion from a water lawyer.
0:43:50 Rick Hixson, City Engineer
Mr. Hixson spoke regarding existing water rights.
44
Minutes of the Bozeman City Commission, May 24, 2010
6
0:44:45 Cr. Mehl
Cr. Mehl wondered about the ways to protect existing water rights.
0:45:09 Mr. Aune
Mr. Aune stated that water rights do need to be looked at carefully.
0:45:39 Mr. Heaston
Mr. Heaston spoke regarding prior recommendations.
0:46:58 Cr. Mehl
Cr. Mehl spoke regarding improving the public approach.
0:49:08 Cr. Taylor
Cr. Taylor spoke regarding the deep aquifer well.
0:49:50 Mr. Hixson
Mr. Hixson spoke regarding aquifers.
0:53:02 Cr. Taylor
Cr. Taylor spoke regarding the importance of being precise on the costs. Need to look at all of
the options.
0:58:24 Cr. Andrus
Cr. Andrus spoke regarding the timeline for the dam and wondered if there was a timeline for
anything else.
0:58:45 Mr. Aune
Mr. Aune stated that it is just a rough timeline.
1:00:07 Mr. Heaston
Mr. Heaston spoke regarding the facility study.
1:03:14 Mayor Krauss
Mayor Krauss asked about costs for the waste water treatment plant.
1:03:39 Debbie Arkell, Director of Public Service
Ms. Arkell stated that phase 1 is around $54 million.
1:04:18 Mr. Heaston
Mr. Heaston spoke regarding impoundment rights.
45
Minutes of the Bozeman City Commission, May 24, 2010
7
1:04:37 Mayor Krauss
Mayor Krauss wondered if other water right holders have been contacted.
1:05:18 Ms. Arkell
Ms. Arkell spoke regarding the Bozeman Reservoir water right company.
1:08:52 Mr. Hixson
Mr. Hixson spoke regarding water rights and development.
1:12:33 Mr. Hixson
Mr. Hixson spoke regarding the purpose of a test well.
1:23:43 Break
Mayor Krauss declared a break.
1:39:57 Meeting Called back to Order
Mayor Krauss called the Meeting back to order.
1:40:02 K. Action Items
1:40:05 1. Sketch Plan with Certificate of Appropriateness No. Z-10082 for the
Demolition of an existing single-family home and construction of a new single-family home
at 320 N. Montana Ave. (Thorpe)
1:40:16 Keri Thorpe, Assistant Planner
Ms. Thorpe gave the staff presentation regarding a Sketch Plan with Certificate of
Appropriateness No. Z-10082 for the Demolition of an existing single-family home and
construction of a new single-family home at 320 N. Montana Ave. This property does not
contribute to the overlay district. Staff finds the applicants approach reasonable. There are no
deviations or variances requested.
1:47:24 Sloan Bauer, Bayliss Architects, PC representing the Applicant
Mr. Bauer stated that he is representing the Applicant. He spoke regarding the amount of lot
coverage.
1:51:41 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
46
Minutes of the Bozeman City Commission, May 24, 2010
8
1:51:49 Motion and Vote to conditionally approve construction of a single-family home as
proposed in application No. Z-10082 with staff conditions as outlined in the staff report.
It was moved by Cr. Becker, seconded by Cr. Mehl to conditionally approve construction
of a single-family home as proposed in application No. Z-10082 with staff conditions as
outlined in the staff report.
Those voting Aye being Crs. Becker, Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1:52:24 2. Resolution No. 4256, Declaring Intention to Re-create/Extend the Bozeman
Downtown Business Improvement District (Sullivan / Chris Naumann, Executive Director
of the Downtown Bozeman Partnership)
1:53:02 Chris Naumann, Executive Director of the Downtown Partnership
Mr. Naumann gave the staff presentation regarding Resolution No. 4256, Declaring Intention to
Re-create/Extend the Bozeman Downtown Business Improvement District. He stated that the
district has been in existence for 10 years but expired in May. Petitions to re-create the district
were submitted to the City Clerk.
2:00:42 Greg Sullivan, City Attorney
Mr. Sullivan stated that he will be looking at the Board and Membership. He will have a
recommendation at the time that there is a hearing on the final resolution.
2:01:28 Mr. Naumann
Mr. Naumann spoke regarding graffiti removal efforts downtown.
2:02:28 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:02:49 Motion to approve Resolution No. 4256, a Resolution of Intent to Recreate /Extend
the Bozeman Downtown Business Improvement District, and set Monday, June 21, 2010 as
the date of the public hearing for hearing and passing on protests and deciding on a final
resolution for creation of the district.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Resolution No. 4256, a
Resolution of Intent to Recreate /Extend the Bozeman Downtown Business Improvement
47
Minutes of the Bozeman City Commission, May 24, 2010
9
District, and set Monday, June 21, 2010 as the date of the public hearing for hearing and
passing on protests and deciding on a final resolution for creation of the district.
2:03:13 Mr. Sullivan
Mr. Sullivan spoke regarding the protest procedure.
2:04:49 Vote on the Motion to approve Resolution No. 4256, a Resolution of Intent to
Recreate /Extend the Bozeman Downtown Business Improvement District, and set
Monday, June 21, 2010 as the date of the public hearing for hearing and passing on
protests and deciding on a final resolution for creation of the district.
Those voting Aye being Crs. Mehl, Taylor, Andrus, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:05:03 3. Streetlight Standards and Request for Direction (Arkell / Winn)
Mayor Krauss stated that he added this item to the Agenda. This is to discuss the brontosaurus
type lighting.
2:06:18 Debbie Arkell, Director of Public Services
Ms. Arkell gave the staff presentation regarding Streetlight Standards and Request for Direction.
Ms. Arkell spoke regarding prohibiting angle street line poles. These are put up when there are
power lines. The prohibition can be done through design standards. She spoke regarding powder
coating. Some are hunter green and some are black. The downtown would like the black to
remain downtown. The design policy will need to be amended in regards to the color.
2:12:58 Ms. Arkell
Ms. Arkell clarified that the brontosaurus lights are called the Montana Angle.
2:14:54 Ms. Arkell
Ms. Arkell spoke regarding how the noticing would take place for policy changes.
2:19:03 Bob Murray, Engineering
Mr. Murray spoke regarding national standards.
2:20:23 Cr. Taylor
Cr. Taylor stated that light output needs to be looked at in residential areas.
2:21:38 Mr. Murray
Mr. Murray spoke regarding classifications of streets and the Unified Development Ordinance.
48
Minutes of the Bozeman City Commission, May 24, 2010
10
2:22:48 Ms. Arkell
Ms. Arkell spoke regarding how complaints are handled.
2:23:02 Cr. Taylor
Cr. Taylor spoke regarding projects that are pending.
2:23:44 Mr. Murray
Mr. Murray spoke regarding working with developers.
2:26:42 Public comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:27:22 Motion to Direct Staff to modify City of Bozeman Design Standards and
Specifications Policy to prohibit the installation of "Montana Angle", "Budget Angle" or
similar style street light poles, unless a variance is granted.
It was moved by Cr. Taylor, seconded by Cr. Andrus to Direct Staff to modify City of
Bozeman Design Standards and Specifications Policy to prohibit the installation of
"Montana Angle", "Budget Angle" or similar style street light poles, unless a variance is
granted.
2:31:56 Vote on the Motion to Direct Staff to modify City of Bozeman Design Standards
and Specifications Policy to prohibit the installation of "Montana Angle", "Budget Angle"
or similar style street light poles, unless a variance is granted.
Those voting Aye being Crs. Taylor, Andrus, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:32:05 Motion to Direct Staff to modify City of Bozeman Design Standards and
Specifications Policy to require powder coating or painting of all future street and signal
poles light fixtures.
It was moved by Cr. Taylor, seconded by Cr. Andrus to Direct Staff to modify City of
Bozeman Design Standards and Specifications Policy to require powder coating or painting
of all future street and signal poles light fixtures.
49
Minutes of the Bozeman City Commission, May 24, 2010
11
2:32:31 Mayor Krauss
Mayor Krauss encouraged that the lights on the entry ways to Montana State University be
painted dark Bobcat blue.
2:33:28 Vote on the Motion to Direct Staff to modify City of Bozeman Design Standards
and Specifications Policy to require powder coating or painting of all future street and
signal poles light fixtures.
Those voting Aye being Crs. Taylor, Andrus, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:33:39 Motion to specify that all future street and signal light poles and fixtures shall be
"Hunter Green" or similar in color, excepting that all future street and signal light poles
and fixtures in the Downtown Historic District and North 7th Avenue TIF District shall be
black, unless a variance is granted and excepting that light poles and fixtures in entryways
to Montana State University may be painted a dark bobcat blue, unless a variance is
granted.
It was moved by Cr. Taylor, seconded by Cr. Andrus to direct staff to modify the City of
Bozeman Design Standards and Specifications Policy to specify that all future street and
signal light poles and fixtures shall be "Hunter Green" or similar in color, excepting that
all future street and signal light poles and fixtures in the Downtown Historic District and
North 7th Avenue TIF District shall be black, unless a variance is granted and excepting
that light poles and fixtures in entryways to Montana State University may be painted a
dark bobcat blue, unless a variance is granted.
2:34:48 Cr. Mehl
Cr. Mehl asked for clarification of "may be" painted Bobcat blue. Should it be “shall” be painted.
2:35:03 Cr. Taylor
Cr. Taylor stated that he likes the "may" language.
2:35:06 Mr. Kukulski
Mr. Kukulski stated that some decorative light poles are painted black that are in subdivisions.
2:35:57 Mayor Krauss
Mayor Krauss stated that it is his understanding that we are only talking about arterials and
collectors.
50
Minutes of the Bozeman City Commission, May 24, 2010
12
2:37:24 Cr. Taylor
Cr. Taylor amended his motion that a variance can be used for any of the three colors.
2:39:14 Cr. Becker
Cr. Becker suggested that the motion clearly state arterials and collectors.
2:39:41 Cr. Taylor
Cr. Taylor suggested amending his motion stating that it (having to do with color) only applies to
arterials and collectors.
2:42:44 Vote on the Motion to It was moved by Cr. Taylor, seconded by Cr. Andrus to
direct staff to modify the City of Bozeman Design Standards and Specifications Policy to
specify that all future arterial and collector street and signal light poles and fixtures shall
be "Hunter Green" or similar in color, excepting that all future street and signal light poles
and fixtures in the Downtown Business District and North 7th Avenue TIF District shall be
black, and accepting that entryway streets into Montana State University could be dark
bobcat blue, unless a variance is granted.
Those voting Aye being Crs. Taylor, Andrus, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:42:59 Motion to direct staff to modify the City of Bozeman Design Standards and
Specifications Policy to identify acceptable street light styles/models and manufacturers
with the style/model options allowed in the City of Bozeman Design Standards and/or
Unified Development Code initially approved by the Commission.
It was moved by Cr. Taylor, seconded by Cr. Andrus to direct staff to modify the City of
Bozeman Design Standards and Specifications Policy to identify acceptable street light
styles/models and manufacturers with the style/model options allowed in the City of
Bozeman Design Standards and/or Unified Development Code initially approved by the
Commission.
2:43:20 Cr. Becker
Cr. Becker stated that the criteria have already been specified.
2:55:08 Motion withdrawn to direct staff to modify the City of Bozeman Design Standards
and Specifications Policy to identify acceptable street light styles/models and
manufacturers with the style/model options allowed in the City of Bozeman Design
Standards and/or Unified Development Code initially approved by the Commission.
51
Minutes of the Bozeman City Commission, May 24, 2010
13
Cr. Taylor withdrew his motion.
2:55:28 Second withdrawn.
Cr. Andrus withdrew her second.
2:57:44 L. FYI/Discussion
2:57:52 1. Cr. Andrus will be gone June 7th
2:58:10 2. Bozeman Creek
Cr. Andrus stated that emails about the Creek are being sent weekly and was wondering what or
if any follow up should occur. This was not discussed and no direction was given.
2:58:55 3. Reminder that Monday, May 31st is a Holiday and a fifth Monday. The next
regularly scheduled City Commission meeting will take place on June 7th.
The Commission agreed that the Policy Meeting Item on June 3rd should be moved to the
Regular Meeting on June 14th for discussion. Chris K. stated that there may be a possibility of
adding a second discussion item that night. The Commission also suggested suspending Policy
Meetings through the summer if Agendas allow.
3:02:48 4. Reminder of Planning Director Meet and Greet on Wednesday, May 26th.
Chris K. reminded the Commission that the meet and greet will begin at 6:30p.m. in the
Commission Room. There is a spot available on the stakeholders' panel on Thursday. Cr. Becker
will do this.
3:05:01 5. Webinar Design Review
Mr. Saunders reminded the Commission that there is a Webinar for Design Review on
Wednesday, May 26th at 4 p.m. in the Yellowstone Room here at City Hall.
3:05:59 6. BID Announcement replacement Pumper truck
Mr. Winn gave the Commission a heads up that they may see a bid advertisement on a new
pumper truck. The awarding will take place in front of the Commission in conjunction with the
budget process.
3:07:20 7. Reminder of Memorial Day Parade
Mayor Krauss reminded the Commission about the Memorial Day Parade on Monday, May 31st
beginning at 9:30 a.m.
52
Minutes of the Bozeman City Commission, May 24, 2010
14
3:08:08 8. Budget
Mayor Krauss asked where we are in the budget. Chris K. stated that the general fund is balanced
and it is scheduled.
3:08:49 M. Adjournment
Mayor Krauss adjourned the meeting at 9:27 p.m.
____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
53