HomeMy WebLinkAbout05-17-10 Minutes, City CommissionMINUTES 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 regular
meeting minutes.
Those votina 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 foriner 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)
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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- 10001 A
Findings with the 15 Recommended Terris 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)
H. . Approve Resolution No. 4255, Authorizing City Manager to sign Change Order
No. 6 for Bozeman Water Reclamation Facility, Phase I lnxprovements (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 (BristorlHeaston)
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
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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 votin Aye being Crs. Andrus, Becker Mehl TaNlor 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 Gro.ymnan, Public Coninjelit
Mr. Grossman of 2003 South Rouse and owner of Looic'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)
0:1 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.
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0:1'9:33 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. Becher seconded by Cr. Mehl to app $30 from the
Development Impacts fund for the reconstruction of the American Legion Gallatin Post 14
to be disbursed upon issuance of certificate of occupane
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
b 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 dro p off the condition of
occupancy clause.
The motion died for lacy of a second.
0:30:37 Cr. Mehl
Cr. Mehl continued discussion on this item.
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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 votin Aye being Crs. Becker, Mehl, Laylor, Andrus and Mayor Krauss.
Those votiniz 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.
035:06 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.
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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 sate 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- 110037 (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, Ap p lican
Mr. Leep with MRI Landmark made himself available for questions.
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1:02:15 11!1'x. Lee,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. Meld Ta ylor Andrus Becker and Major 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.
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1: 19:25 Eric 1 Vel son, 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 Baia 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 thegrantin of a ten foot entrywa 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 Major Krauss.
Those voting No being none.
The motion, gassed 5 -0,
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1.27:00 Mayor Krauss
Mayor Krauss began discussion on this item.
1:30:49 Vote to app rove 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 bevera2e license on the proper located at 1459
North 19th Avenue with conditions outlined in the staff report with an amendment to
include the 2ranting of a ten foot tiltrl corridor setback deviation and public access
easement encroachment for a fenced in outdoor seating area and amending condition
approval number six strikin:Z 'directly opposite the doorway'.
Those voting Ave being Crs. Taylor, Andrus Becker Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1:3 1:00 Break
Mayor Krauss called for a fifteen minute break.
11MMIS-WIM1910 IM- M-13
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 Cr. Andrus
Cr. Andrus began questions regarding unresolved issues on lighting fixtures.
2 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.
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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 Hened e Big Sk , Land Consulting on behal oLtheapplicantJ&DFaynil
Fartnel- Ship
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 Applican t
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.
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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 18.42.040.0, 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 c ondition allyapp rove the
p reliminary plat application for J & D Family Subdivision Planning Application No.
P -10001 to include variances to Section 18.42.040.B and 18.42.040.0 Bozeman Municipal
Code with said conditions listed in the Planning Board Resolutions and adopt the staff
findin s 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
p rovision ##12 to replace the words Automotive Avenue with Cottonwood Road.
Those voting Aye bein Crs. Mehl Taylor, Andrus Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5 -0.
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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 ito change enstinecring 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.
3:20:40 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 ether 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. Hemel g A licun
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 sayj that all improvements to Cottonwood Road except the lightinp shall be
completed in their entirety in phase one of the development with the lighting to be
completed in their entirety in phase two.
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Those voting Ave 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 preliminan plat application for J
& D Family Major Subdivision Planning Application No. P-10001 to include variances to
Section 18.42.040.11 and 18.42.040.0 , Bozeman Municipal Code with said conditions listed
in the Planning Board Resolutions and adopt the staff findinas 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 entiret-
t in phase two.
Those voting Are 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 31 st or the I' 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.
3:47:131. Adjournment
Mayor Krauss adjourned the meeting at 9:52 p.m.
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Jeffi - ey K. S5, ayol
ATTEST:
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Stac Ulm n, C14C, City Clerk ,
PREPARED BY:
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