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HomeMy WebLinkAboutMay 3, 2010 Minutes 1 of 15 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 03, 2010 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, May 03, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Sean Becker, Commissioner Carson Taylor, Acting City Manager Chuck Winn, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. * Please refer to the audio recording of this meeting for additional detail. 0:00:06 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order. 0:00:09 B. Pledge of Allegiance and a Moment of Silence 0:00:57 C. Changes to the Agenda Mayor Krauss asked acting City Manager Chuck Winn if there were any changes to the agenda. 0:01:02 Chuck Winn, Acting City Manager Mr. Winn responded that the applicant would like to pull consent item two and would like to open and continue action item two to May 17th. The Finance Director would like to pull consent item 3 and make it action item six. 0:01:31 Mayor Krauss Mayor Krauss had a request to pull item four from consent and move it to action item two. 0:02:22 D. Authorize Absence of Commissioner Mehl 0:02:26 Motion and Vote to authorize the absence of Commissioner Mehl. It was moved by Cr. Taylor, seconded by Cr. Andrus to authorize the absence of Commissioner Mehl. Those voting Aye being Crs. Taylor, Andrus, Becker and Mayor Krauss. Those voting No being none. The motion passed 4 -0. 0:02:44 E. Minutes - Executive Session Minutes from March 22, 2010 and April 5, 2010 0:02:50 Motion and Vote to approve the executive session minutes from March 22, 2010 and April 5, 2010. 7 Minutes of the Bozeman City Commission, May 03, 2010 2 of 15 It was moved by Cr. Andrus, seconded by Cr. Becker to approve the executive session minutes from March 22, 2010 and April 5, 2010. Those voting Aye being Crs. Andrus, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:03:05 F. Consent 1. Authorize Payment of Claims (LaMeres) Remaining items were pulled off consent. See note above under changes to the agenda. 0:03:06 Public Comment Mayor Krauss opened public comment for consent items F. 1-4. No person commented. Mayor Krauss closed public comment and opened motion, discussion and vote. 0:03:23 Motion and Vote to approve consent item F. 1. It was moved by Cr. Becker, seconded by Cr. Taylor to approve consent item F. 1. Those voting Aye being Crs. Becker, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:03:39 G. Public Comment Mayor Krauss opened general public comment. No person commented. Mayor Krauss closed public comment. 0:04:21 H. Action Items 0:04:25 1. Discussion with Design Review Board regarding Charge and Purpose (Saunders) 0:05:20 Mayor Krauss Mayor Krauss welcomed the Design Review Board (DRB) and asked them to seat themselves in the empty chairs around the dais and at the table placed across the front of the dais to help facilitate discussion between the board and Commission. Mayor Krauss said that the good work of the Design Review Board can be seen all over the community and the Commissionvalues the DRB volunteers and what they do. Mayor Krauss then asked the chairperson of the DRB to call the DRB meeting to order. 0:06:44 Chris Livingston, Design Review Board Chairperson Mr. Livingston introduced himself and asked the board members to introduce themselves. 0:06:58 Bill Rea, Design Review Board Member 8 Minutes of the Bozeman City Commission, May 03, 2010 3 of 15 0:07:03 Walter Banzinger, Design Review Board Member 0:07:08 Mike Pentecost, Design Review Board Member 0:07:10 Mark Hufstettler, Design Review Board Member 0:07:12 Randy Wall, Design Review Board Member 0:07:20 Mr. Livingston Mr. Livingston called the Design Review Board meeting to order. 0:08:05 Chris Saunders, Interim Planning Director Mr. Saunders began the discussion reviewing the commission memorandum that explains the role of the Design Review Board. 0:15:06 Mayor Krauss Mayor Krauss asked for an explanation on the difference in the historic overlay districts regarding the relationship between the historic preservation board and the Design Review Board if you’re the applicant. 0:15:25 Mr. Saunders Mr. Saunders explained that either or both of the boards may be asked for input depending on the scale of the application. Responding to follow up questions from Mayor Krauss, Mr. Saunders explained some of the situations that would trigger review by these boards. 0:18:07 Mayor Krauss Mayor Krauss asked whether the Design Review Board is actually approving or disapproving or making a recommendation. 0:18:24 Mr. Saunders Mr. Saunders said the Design Review Board makes recommendations to approve or disapprove. He then spoke regarding the history of the Design Review Board, specifically the evolution from approval to recommendation. 0:19:15 Cr. Taylor Cr. Taylor asked how feasible it would be to combine applicant presentations for the Design Review Board and the Historic Board when they must go through both boards. 0:19:47 Mr. Saunders Mr. Saunders explained the difficulties with combining the meetings including different schedules, different sets of criteria, difference in motions, etc. 0:21:13 Cr. Becker Cr. Becker asked whether the DRB has the ability to make recommendations on demolitions. 0:22:08 Cr. Becker Cr. Becker continued the discussion on demolitions. 0:22:58 Mr. Saunders Mr. Saunders explained that the planning staff will occasionally ask to consult with a board on a 9 Minutes of the Bozeman City Commission, May 03, 2010 4 of 15 particular project, but he does not feel there is a specific mandate that the DRB review demolitions. 0:24:09 Cr. Becker Cr. Becker spoke regarding the way recommendations are received by the boards. 0:24:32 Mr. Saunders Mr. Saunders explained that separate recommendations are only given on Commission memorandums when the staff and boards recommendations differ. 0:24:53 Cr. Becker Cr. Becker began a discussion regarding the non-professional positions on the DRB. 0:27:33 Mayor Krauss Mayor Krauss asked the Design Review Board members if they had any questions for staff. 0:27:49 Mr. Livingston Mr. Livingston said he considers the non-professional would be someone who works in the design industry but is not a licensed architect. 0:28:44 Cr. Becker Cr. Becker continued the discussion regarding board representation. 0:29:03 Mr. Livingston Mr. Livingston likes a variety of representatives but says having a historian and a landscape professional are particularly critical. 0:30:08 Bill Rea Mr. Rea asked how much the Commission considers and uses the advice of the Design Review Board and how far out of the aesthetic arena the Commission is comfortable with the DRB going. 0:31:22 Cr. Taylor Cr. Taylor continued the discussion between aesthetic and taste. 0:32:11 Mr. Livingston Mr. Livingston explained that he feels taste is a personal opinion, but aesthetics is based on professional judgment which is usually through experience and tangible things like proportion and scale, the types of materials, the context, etc. They try to provide rationale for their recommendations rather than using taste. 0:35:33 Mayor Krauss Mayor Krauss asked whether there were specific design guideline touchstones that you site and asked for more details regarding why a particular recommendation is made. When he reviews the DRB minutes he looks to see if the recommendation is tied to anything. He also spoke regarding the DRB as the front line defense as far as franchise architecture. The Commission will look at all the economic factors and compare those types of goods, but look to the DRB for aesthetic and design considerations. 10 Minutes of the Bozeman City Commission, May 03, 2010 5 of 15 0:41:04 Mr. Livingston Mr. Livingston mentioned that staff does an amazing job on their staff reports. He mentioned that the DRB could reference particular items in the staff report more often. 0:42:16 Cr. Taylor Cr. Taylor continued the discussion regarding communication saying he would like to see 'I like' replaced more with words like, 'The aesthetic fits with...' and then explain why. 0:43:59 Randy Wall Mr. Wall acknowledged Commissioner Taylor for his dedication to being a liaison to the Design Review Board. He feels this type of discourse is very valuable. He spoke to the tension that exists between projects that have significant aesthetic qualities but also have considerable economic ramifications. The tension has been heightened by the current economic situation because applicants focus on the economic points of a project before the DRB, yet economic considerations are not the purview of the DRB. Mr. Wall asked for Commission input on this issue. 0:49:26 Mayor Krauss Mayor Krauss responded to Mr. Wall saying that tying recommendations to the UDO, the planning documents or supporting literature is so important. The applicant has the expectation that if they hit the marks on the standards, they expect the board to be confined by the standards as well. 0:53:32 Cr. Becker Cr. Becker continued the discussion regarding tying recommendations back to reasoning and achievability. He would like to see specific direction regarding what would help. He also asked what the perspective of the DRB members were in regards to the Commission's decisions. 0:59:54 Randy Wall Mr. Wall thanked the Commission for the consideration they do give to the DRB recommendations. He then continued the discussion regarding communication. 1:05:59 Cr. Taylor Cr. Taylor continued the discussion regarding communication bringing up the informal ideas provided to applicants regarding what will work and what will not. There is tension between helping the applicant and designing a project. 1:08:35 Mr. Livingston Mr. Livingston continued the conversation about informal reviews and then spoke regarding his thoughts on historic fabric of the community and demolitions. 1:14:32 Mayor Krauss Mayor Krauss continued the discussion regarding historic buildings. 1:19:11 Mayor Krauss Mayor Krauss continued the discussion regarding historic projects. He then gave examples of designs he prefers. He said the DRB should let the Commission know if they come across areas of the Unified Development Ordinance that the board feels should be changed. Mayor Krauss 11 Minutes of the Bozeman City Commission, May 03, 2010 6 of 15 mentioned there are a number of signs out of compliance with the sign codes and provided examples, saying if the board had a chance; it might be an area the DRB could look into. 1:24:21 Cr. Andrus Cr. Andrus said she finds the information provided in the DRB minutes very valuable. She then spoke regarding historic preservation and maintaining a sense of place. Cr. Andrus asked about whether there was a gap in the makeup of the board and whether the board feels they have adequate time to make decisions. 1:26:02 Mr. Livingston Mr. Livingston said the information from staff is very thorough and does not feel the time is an issue. 1:26:59 Mr. Livingston Mr. Livingston said someone with a sustainability perspective would be helpful. 1:28:25 Mayor Krauss Mayor Krauss asked if there were any more questions. 1:28:39 Mark Hufstettler Mr. Hufstettler spoke regarding the issue of perception and how we could make those perceptions more nuanced, with more depth as they are in the actual meetings. The minutes are just a synapses or sound bite and do not always capture the discussion in an evaluative way. He does not know how to get around that but feels it is a concern. 1:33:17 Mr. Rea Mr. Rea continued the discussion regarding generic designs and signs and how the signs contribute to the sense of place. He then thanked the City Commission and the staff. 1:36:33 Mr. Hufstettler Mr. Hufstettler said the Historic Preservation Board has been looking into signs and historical value as well trying to determine quantitative ways to evaluate cultural significance. 1:37:44 Mr. Livingston Mr. Livingston thanked the Commission for inviting the Board to the meeting and spoke regarding the benefits of proper design within the City. 1:39:57 Randy Wall Mr. Wall addressed the question regarding board representation, saying he liked Mr. Livingston's idea about having someone with LEED knowledge and also thinks an experienced builder in town would be great. 1:40:34 Cr. Taylor Cr. Taylor asked whether the members would value orientation to the board. 1:43:33 Mr. Livingston Mr. Livingston adjourned the meeting of the Design Review Board. 1:43:40 Break Mayor Krauss called for a ten minute break. 12 Minutes of the Bozeman City Commission, May 03, 2010 7 of 15 1:57:14 Meeting called back to order. Mayor Krauss called the meeting back to order at 7:58 p.m. 1:57:27 2. 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) This item was moved from consent item four to action item two. 1:57:49 Allyson Bristor, Department of Planning and Community Development Ms. Bristor spoke to the public comment that had been received on this item saying the citizen was requesting a reduction and cap in the proposed fees for exclusive use. She also received information regarding current lease rates that could be considered. 2:00:11 Greg Sullivan, City Attorney Responding to a question from Mayor Krauss, Mr. Sullivan said if the Commission makes changes that are significant and affect the rights of anyone coming in under the Ordinance, the Commission should bring this back for a final reading. 2:01:07 Allyson Bristor Ms. Bristor shared the information she received from Ryan Springer at Grubb and Ellis regarding the lease rate. He has seen rates recently from $11. to $20 per square foot with the tenant paying utilities and taxes. 2:02:03 Mayor Krauss Mayor Krauss began questions of staff asking about the issue of tables and chairs two feet from the curb. 2:02:45 Cr. Becker Cr. Becker was planning on proposing an amendment to the motion to allow tables and chairs to be placed street side. 2:02:55 Mayor Krauss Mayor Krauss suggested the Commission talk briefly about any amendments they might propose and then open public comment and then staff comment we could cover open meeting laws. 2:03:36 Cr. Becker Cr. Becker said he would like to have the tables and chairs to be able to be placed street side. 12.22.100 Tables and chairs to be allowed street side. 2:04:28 Debbie Arkell, Director of Public Service Ms. Arkell mentioned that section 12.22.100 A says that nothing can be placed from the curb into the sidewalk for two feet to allow car doors to swing. This would include chairs with people in them. 2:05:08 Mayor Krauss Mayor Krauss continued discussion regarding proper language. 2:06:14 Cr. Taylor Cr. Taylor continued discussion on the possible amendment. 13 Minutes of the Bozeman City Commission, May 03, 2010 8 of 15 2:09:51 Mayor Krauss Mayor Krauss continued questions regarding the length required for the sidewalk width and the clear aisle width. 2:11:52 Mayor Krauss Mayor Krauss asked whether there is a provision for a waiver to the five feet clear aisle on the side street? 2:12:31 Mr. Sullivan Mr. Sullivan said there is a provision in the Ordinance regarding special or temporary permits, but it does not have a permanent relief valve. 2:14:59 Ms. Bristor Ms. Bristor clarified parking requirements. 2:16:51 Public Comment Mayor Krauss opened public comment on this item. 2:17:15 Michael Delaney, Public Comment Mr. Delaney, the applicant for 101 East Main Street building spoke regarding the expansion of Black Street. While he understands the fee for loss of parking, he does not feel the cost for the public right of way is fair. 2:23:47 Ms. Arkell, Public Comment Ms. Arkell spoke regarding fees for the use of public right of way versus fees for the sidewalk itself. 2:25:39 Public Comment Closed Seeing no further public comment, Mayor Krauss closed public comment. 2:25:46 Motion to finally adopt ordinance 1785 amending chapter 12.22 of the Bozeman Municipal Code "Downtown Sidewalk Encroachment Permit Program' to allow for non- substantial, substantial, and exclusive uses in public right-of-way of the Downtown Business District. It was moved by Cr. Taylor, seconded by Cr. Andrus to finally adopt ordinance 1785 amending chapter 12.22 of the Bozeman Municipal Code "Downtown Sidewalk Encroachment Permit Program' to allow for non-substantial, substantial, and exclusive uses in the public right-of-way of the Downtown Business District. 2:26:38 Motion to amend the motion to include that tables and chairs may be allowed to be placed street side (subject to the other terms in the Ordinance. It was moved by Cr. Becker, seconded by Cr. Taylor to amend the motion to include that tables and chairs may be allowed to be placed street side (subject to the other terms in the Ordinance.) 2:27:06 Mayor Krauss Mayor Krauss began discussion on the motion clarifying the meaning of the amendment. 14 Minutes of the Bozeman City Commission, May 03, 2010 9 of 15 2:27:15 Mayor Krauss asked for additional qualification. 2:27:54 Cr. Becker Cr. Becker suggested the possibility of a language change on the amendment to the main motion. 2:28:47 Cr. Becker Cr. Becker spoke to his intent to modify the amendment to the motion. 2:29:10 Mayor Krauss Mayor Krauss spoke about the need to have tables placed against the building or near the street but at all times to allow a six foot path down the relative middle of the sidewalk. 2:30:10 Cr. Becker Cr. Becker said the way the Ordinance already reads with the amendment on the table should eliminate serpentine table patterns. 2:31:26 Vote on the amendment to the main motion to include that tables and chairs may be allowed to be placed streetside (subject to the other terms in the Ordinance.) Those voting Aye being Crs. Becker, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:31:42 Cr. Becker Cr. Becker began a discussion regarding parking fees. 2:33:22 Amendment to the main motion to decrease the parking space fee from $5,000 to $2500 per space. It was moved by Cr. Becker, seconded by Cr. Taylor to decrease the parking space fee from $5,000 to $2500 per space. 2:33:42 Cr. Taylor Cr. Taylor began discussion on the amendment to the motion. 2:34:09 Cr. Becker Cr. Becker said he would like to discuss reducing the (exclusive use) fee from 10% to 5% and possibly the travel aisle on the side streets. 2:34:33 Cr. Taylor Cr. Taylor continued discussion on the fees. 2:37:12 Cr. Andrus Cr. Andrus continued discussion on the amendment to the motion and the possible other proposed fee changes. She would not be in favor of the motion to reduce the parking fee and mentioned the lengthy discussion the Parking Commission had on this subject. 2:37:40 Mayor Krauss Mayor Krauss continued discussion on the amendment to the main motion and the fees. 15 Minutes of the Bozeman City Commission, May 03, 2010 10 of 15 2:38:43 Vote on the amendment to the main motion to decrease the parking space fee from $5,000 to $2500 per space. Those voting Aye being Mayor Krauss. Those voting No being Crs. Becker, Taylor and Andrus. The amendment to the main motion failed 1-3. 2:39:05 Cr. Becker Cr. Becker began a motion on the fee calculation (for substantial encroachment). 2:45:32 Motion and Vote to adjust the fee calculation on (exclusive use) from a factor of 10% to a factor of 5%. in 12.22.140c1. It was moved by Cr. Becker, seconded by Cr. Taylor to adjust the fee calculation on (exclusive use) from a factor of 10% to a factor of 5%. in 12.22.140c1. Those voting Aye being Crs. Becker, Taylor, and Mayor Krauss. Those voting No being Cr. Andrus. The motion passed 3-1. 2:46:54 . Becker Cr. Becker began a discussion regarding an appeal process or flexibility in this Ordinance. 2:55:03 Motion and Vote to amend the main motion section 12.22.100A to allow tables and chairs to be placed not less than 18" from the curb where no adjacent parking is allowed on a side streets. It was moved by Cr. Becker, seconded by Cr. Taylor to amend the main motion to alter section 12.22.100A to allow tables and chairs to be placed not less than 18" from the curb where no adjacent parking is allowed on the side streets. Those voting Aye being Crs. Becker, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:56:25 Ms. Bristor Ms. Bristor asked for clarification in the definition of side street within the Ordinance. 2:56:48 Friendly amendment to define side street as north, south running streets in the B-3 area. It was moved by Cr. Taylor to offer a friendly amendment to define side street as north, south running streets in the B-3 area. Cr. Becker concurred with the friendly amendment. 2:57:12 Vote on the main motion to finally adopt ordinance 1785 amending chapter 12.22 of the Bozeman Municipal Code "Downtown Sidewalk Encroachment Permit Program' to allow for non-substantial, substantial, and exclusive uses in the public right-of-way of the Downtown Business District and to include that tables and chairs may be allowed to be placed street side (subject to the other terms in the Ordinance.) and adjusting the fee calculation on (exclusive use) from a factor of 10% to a factor of 5%. in 12.22.140c1In 16 Minutes of the Bozeman City Commission, May 03, 2010 11 of 15 addition to alter section 12.22.100A to allow tables and chairs to be placed not less than 18" from the curb where no adjacent parking is allowed on the side streets. Side streets to be defined as north, south running streets in the B-3 area. Those voting Aye being Crs. Taylor, Andrus, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:57:31 Mr. Sullivan Mr. Sullivan asked that the Ordinance come back again with the amended language for a final reading. 2:57:48 Mr. Sullivan Mr. Sullivan said the Commission gave approval to the amendments on the Ordinance, but we should bring it back one more time. 2:58:00 Mayor Krauss Mayor Krauss directed staff to bring the Ordinance back on the 17th for a final reading since significant changes were made. 2:58:21 2. Williams Industrial Park Zone Map Amendment No. Z-10037 and Consent item 2. The Williams Industrial park Annexation No. A-10001. The applicant for these items had requested they be opened and continued to a future date. 2:58:44 Public Comment Mayor Krauss opened public comment on these items. No person commented. Mayor Krauss closed public comment. 2:59:00 Motion and Vote to postpone consent item 2 and action item 2 to May 17th. It was moved by Cr. Andrus, seconded by Cr. Becker to postpone consent item 2 and action item 2 to May 17th. Those voting Aye being Crs. Andrus, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:59:21 3. Ordinance No. 1788, Adopting Ballot Language for the Referendum on Increasing the Number of City Commissioners from Four to Six (Sullivan) 2:59:31 Greg Sullivan, City Attorney Mr. Sullivan gave the staff presentation on this item. 3:01:16 Public Comment Mayor Krauss opened public comment on this item. No person commented. Mayor Krauss closed public comment. 17 Minutes of the Bozeman City Commission, May 03, 2010 12 of 15 3:01:34 Mr. Sullivan Mr. Sullivan explained that while he provided other options in the memorandum, he is recommending the language that is actually written into the Ordinance at this time. 3:02:10 Motion to provisionally adopt Ordinance No. 1788, transmitting to the Gallatin County Election Administrator for placement on the general election ballot for November 2, 2010 a referendum on increasing by two the number of elected City Commissioners. It was moved by Cr. Becker, seconded by Cr. Taylor to provisionally adopt Ordinance No. 1788, transmitting to the Gallatin County Election Administrator for placement on the general election ballot for November 2, 2010 a referendum on increasing by two the number of elected City Commissioners. 3:02:40 Cr. Taylor Cr. Taylor provided reasoning why he feels the language provided within the Ordinance is the easiest to understand compared to the other options. 3:02:58 Vote on the motion to provisionally adopt Ordinance No. 1788, transmitting to the Gallatin County Election Administrator for placement on the general election ballot for November 2, 2010 a referendum on increasing by two the number of elected City Commissioners. Those voting Aye being Crs. Becker, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:03:18 4. Public Hearing & Adoption of Parts of the Capital Improvements Program (CIP) for Fiscal Years 2011-2015 (Rosenberry) 3:03:30 Anna Rosenberry, Finance Director Ms. Rosenberry gave a presentation on this item beginning with the Water Fund. 3:12:12 Mayor Krauss Mayor Krauss asked for questions of staff. 3:12:16 Public comment on the Water Fund Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3:12:32 Motion and Vote to approve the water fund within the capital improvements program for fiscal years 2011-2015. It was moved by Cr. Taylor, seconded by Cr. Andrus to approve the water fund within the capital improvements program for fiscal years 2011-2015. Those voting Aye being Crs. Taylor, Andrus, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 18 Minutes of the Bozeman City Commission, May 03, 2010 13 of 15 3:13:10 Ms. Rosenberry Ms. Rosenberry gave the staff presentation on the wastewater fund. 3:13:47 Public Comment Mayor Krauss acknowledged that there were no members of the public in attendance and closed public comment. 3:14:00 Motion and Vote to approve the wastewater fund within the capital improvements program for fiscal years 2011-2015. It was moved by Cr. Taylor, seconded by Cr. Andrus to approve the wastewater fund within the capital improvements program for fiscal years 2011-2015. Those voting Aye being Crs. Taylor, Andrus, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:14:52 5. Public Hearing to review the Environmental Assessment of Potential Outcomes associated with Insulation of the T.B. Story Mansion (Rosenberry) 3:14:55 Anna Rosenberry Ms. Rosenberry gave the staff presentation on this item. 3:15:59 Mayor Krauss Mayor Krauss began questions of staff. 3:16:24 Public Comment Mayor Krauss acknowledged that there were no members of the public in attendance and closed public comment. 3:16:36 Mayor Krauss Mayor Krauss stated that since all being done currently is conducting an environmental assessment hearing he does not feel a conflict of interest is present due to his employer applying for these funds as well. 3:17:21 Mayor Krauss Mayor Krauss closed the public hearing on this item. 3:17:31 6. Resolution No. 4254, relating to $5,103,000 Sewer System Revenue Bonds (DNRC Water Pollution Control State Revolving Loan Program), Consisting of $384,000 Subordinate Lien Taxable Series 2010E Bond, $816,000 Series 2010F Bond, and $3,903,000 Series 2010G Bond; Authorizing the Issuance and Fixing the Terms and Conditions Thereof (Rosenberry) - Item pulled from consent F. 3. 3:18:09 Ms. Rosenberry Ms. Rosenberry gave the staff presentation on this item explaining that the reason this needed to come off consent is that the bond counsel have made a number of amendments to the Resolution. She explained these changes. 19 Minutes of the Bozeman City Commission, May 03, 2010 14 of 15 3:21:11 Mayor Krauss Mayor Krauss began questions of staff. 3:21:25 Public Comment Mayor Krauss acknowledged that there were no members of the public in attendance and closed public comment. 3:21:30 Motion and Vote to approve Resolution No. 4254, relating to $5,103,000 sewer system revenue bonds (DNRC water pollution control state revolving loan program), consisting of $384,000 subordinate lien taxable series 2010E bond, $816,000 series 2010F bond, and $3,903,000 series 2010G bond; authorizing the issuance and fixing the terms and conditions thereof with changes per Ms. Rosenberry. It was moved by Cr. Andrus, seconded by to approve Resolution No. 4254, relating to $5,103,000 sewer system revenue bonds (DNRC water pollution control state revolving loan program), consisting of $384,000 subordinate lien taxable series 2010E bond, $816,000 series 2010F bond, and $3,903,000 series 2010G bond; authorizing the issuance and fixing the terms and conditions thereof with changes per Ms. Rosenberry. 3:23:24 I. FYI/Discussion 3:23:25 1. Reminder of 2 p.m. Commission Photo Shoot at City Hall on Monday, May 10, 2010 (Kissel) 3:24:06 2. Letter from LUX regarding testing of back flow protectors Mayor Krauss asked staff for an update on the letter from LUX. 3:24:23 Debbie Arkell Ms. Arkell explained that the policy regarding testing of backflow protectors has changed since before Mr. Rainer received the letters. Ms. Arkell will be discussing this issue with Engineer Rick Hixson to determine whether this should be the responsibility of the City in this case. She provided history on this issue. 3:26:08 3. This Thursday May 6, at 7 a.m. at the Grantree Inn is the meeting with the Governor's Economic Development Office. Cr. Becker and Mayor Krauss indicated they will be in attendance and asked that a quorum be noticed. 3:27:12 4. Thursday, May 6th, 6 p.m. Idaho Pole Superfund site public meeting at the Court House. Cr. Becker indicated he will be in attendance at this meeting. 3:27:29 5. May 5th Medical Marijuana Public Forum Mayor Krauss and Cr. Becker will be attending this meeting. 3:27:46 6. Municipal Clerk and Elected Official Conference Cr. Becker asked if anyone would be attending this conference and no one was. 3:28:06 7. Clean up at Hyalite Saturday, May 8th at 9 a.m. - meeting in the parking lot. Cr. Becker informed everyone of this event. 20 Minutes of the Bozeman City Commission, May 03, 2010 15 of 15 3:28:16 J. Adjournment Mayor Krauss adjourned the meeting at 9:30 p.m. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________. 21