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HomeMy WebLinkAbout05-24-10 Minutes, City CommissionMINUTES 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, 201 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 rekl- to the audio recording qfthis nieeting,fi)r additional detail. A. Call to Order — 5:30 pa — Commission Room, City Hall, 121 North Rouse B. Executive Session - Litigation Strategy * The Ma - vor mad v close to the puhlie all or portions of this ineeting pursuant to Sect. 2-3- 203(4)(a), MCA, if the MaYorfinds the meeting involves a discussion ref litigation strategy and an open ineetin would have detrimental qf 9 fect on the litigation position of the 04�. *A separate set of ininutes has been 19repared 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. Minutes of the Bozeman City Commission, May 24, 2020 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 gage 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. 0:11:40G. 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. Ta ylor 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) Minutes of the Bozeman City Commission, May 24, 2010 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 b • 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 rr,f'AIt - ard to Pall Corporation in the ainount of 55,558,300 br the Bozeirran IYater° Treatment Plant Alcinbrane Procurement. 0:13:06 "Vote on the Motion to approve consent items H. I -7. Those votin14 Aye being Crs. Andrus Becker Mehl Taylor and Mayor Krauss. Those voting No being none. The motion passed 5 -0. 0:13,171. Public Comment Mayor Krauss opened public comment. 0:14:09 Marks 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 Dana l 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 I Reservoir Project. He stated that Principal Consultant Dave Aune with Great West Engineering will be conducting most of the presentation. Minutes of the Bozeman City Commission, May 24, 2010 0:16:13 Dave Aune, Great West Engineering Mr. Aune gave a power point presentation regarding Water Resource Planning and the Sourdough Dam I Reservoir Project. He spoke regarding the need, previous planning, the strategy proposed, water supply capacity, conservation, water supply enhancements, water rights, a replacement darn, 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 Roomer 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 Yourr nr.an 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 Bob,ca, Public Comment Ms. Bobea of 1232 West Babcock spoke regarding altering natural systems and the environmental effects. She is wondering about the long term sustainability of the project. El minutes of the Bozeman City Commission, May 24, 2010 0:30:55 Public Comment closed Mayor Krauss closed public comment. 0:31:18 Cr. Andrus Cr. Andrus stated that she rants 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. 61 Minutes of the Bozeman City Commission, May 24, 2010 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 casts. 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. 6 Minutes of the Bozeman City Commission, May 24, 2010 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. 7 Minutes of the Bozeman City Commission, May 24, 2010 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 Ave 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 8 Minutes of the Bozeman City Commission, May 24, 2010 District and set Monday, June 21 2010 as the date of the ublic hearing for hearing and p assing 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 Ave being Crs. Mehl, Taylor, Andrus, Becker and Mayor Krauss. Those votiniz No being none. The motion passed 5-0. 2:05:03 3. Streetlight Standards and Request for Direction (Arkell I 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. 9 Minutes of the Bozeman City Commission, May 24, 2010 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. T a ylor , seconded by Cr. Andrus to Direct Staff to modif , 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 Ave bein 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 Specific ationsPolicy to require powder coating or painting of all future street and sil4nal poles light fixtures. 10 Minutes of the Bozeman City Commission, May 24, ,010 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 Ma °or 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 Specificat Policy to st)ecifv 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 exceptin 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 clarifications 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. 11 Minutes of the Bozeman City Commission, May 24, 2010 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 Cit- y 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 ligh styles/models and manufacturers with the style/model options allowed in the Cit 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. 12 Minutes of the Bozeman City Commission, May 24, 2010 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 7 t " 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 droved 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 fiont 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 31 st beginning at 9:30 a.m. 13 Minutes of the Bozeman City Commission, May 24, 2010 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. r S ATT�STO $ U a. Stac ipImen ,C 7trlerk 4 PREPARE.DIP4 ° 0�'�' ' C Stacy Ulmen, CVC, City Clerk Approved on Z Jeffr r uss, Mayor 14