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HomeMy WebLinkAbout10-25-10 Minutes, City Commmission.pdf TjM CO.♦� MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 25, 2010 The Commission of the City of Bozeman met in the Commission Room,City Hall at 121 North Rouse on Monday October 25,2010. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. *Please refer to the audio recording cif this meeting for additional detail. 0:00:06 A. Call to Order-6 p.m.-Commission Room, City Hall, 121 North Rouse 0:00:07 B. Pledge of Allegiance and a Moment of Silence 0:01:08 C. Changes to the Agenda Mayor Krauss asked City Manager, Chris Kukulski if there were any changes to the agenda. 0:01:12 Chris Kukulski, City Manager Mr. Kukulski said there were no changes to the agenda. 0:01:15 D. Public Service Announcements 0:01:19 1. City Offices Closed November 2,2010 for Election Day (Kissel) 0:01:21 Aimee Kissel,Deputy City Clerk Ms. Kissel announced city offices will be closed on election day,November 2nd and Veterans Day,November 11"'. Garbage service on those days will run as usual. 0:02:02 2. American Legion Grand Opening on Veterans Day,November 1 Ith and Announcement of New Music Series (Roger Durham and James Guglielmo -American Legion) 0:02:32 Roger Durham Mr. Durham with the American Legion, Post 14 invited everyone to the grand opening of the new American Legion building on Main Street on Veteran's Day and announced events to be held that day as well as a music series the American Legion will be having to raise money for construction costs. 0:05:26 3. Neighborhood Conservation Club Fall Speaker Series (Bristor) 1 of 11 '4finutrs of the Bori-meat ON Commission,October 25,2010 0:05:42 Allyson Bristor, Neighborhood Coordinator Ms. Bristor provided information on this item explaining two more events are coming. 0:07:57 4. Leaf Cleanup (Van Delinder) 0:08:33 John Van Delinder, Street Superintendent Mr. Van Delinder provided a presentation on this item explaining that leaf clean up is beginning November 3rd starting on the east side. The schedule is posted at www.bozcnian.net. 0:11:07 E. Minutes-September 20,2010 0:11:1.5 Motion and Vote to approve the minutes of September 20, 2010. It was moved by Cr. Mehl,seconded by Cr,Andrus to approve the minutes of September 20,2010. Those voting Ave being Crs.Mehl,Andrus, Becker,Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:11:36 Public comment for consent. Mayor Krauss opened public comment for consent. No person commented. Mayor Krauss closed public comment. 0:1 1:39 F. Consent 1. Authorize Payment of Accounts Payable Claims(LaMeres) 2. Authorize City Manager or his representative to sign the Safety-Net and Backup Ambulance Services Agreement Renewal as reviewed and approved by the City Attorney(Shrauger) 3. Authorize City Manager to sign a Public Access Easement for the Bozeman Senior Center Bus Shelter(Johnson) 4. Approve Bridger Brewing Main Street Pub Conditional Use Permit Preliminary Site Plan Extension Request,No. Z10042 (Kramer) 5. Approve Payment of$2,666.02 for Buttrey's Solvent Site Cost Recovery(Cooper) 6. Approve Resolution No. 4295, Authorizing City Manager to sign Change Order No. 1 for the Bozeman Water Reclamation Facility, Digester No. 3 and Solids Dewatering Project(Murray) 7. Appoint Commissioner Mehl and Commissioner Becker to review Pledged Securities as of September 30,2010(Clark) S. Accept the Building Division Monthly Report for September 2010 (Risk) 0:11:52 :1'lotion and Vote for Consent items F. 1-8 as listed. 2of11 Minutes of the Bozeman On--Col7NI ksion, Ucloher 25,.1.010 It was moved by Cr.Andrus, seconded by Cr. Becker to approve consent items F. 1-8 as listed. Those voting Aye being Crs. Andrus, Becker,Taylor,Mehl and Mayor Krauss Those voting No being none. The motion passed 5-0. 0:12:10 G. Public Comment Mayor Krauss opened general public comment. No person commented. Mayor Krauss closed public comment. 0:12:59 1. Northwestern Energy Southside Substation Conditional Use Permit with Variances,Application No.Z-10190 (Riley) 0:13:00 H. Action Items 0:13:08 Doug Riley, Dept. of Planning and Community Development Mr. Riley provided the staff presentation on this item. 0:22:49 Mayor Krauss Mayor Krauss began questions for staff. 0:23:40 Cr. Taylor Cr. Taylor began questions for staff related to the public comment received on this application. 0:25:13 Greg Sullivan, City Attorney Mr. Sullivan requested that the Commission focus on the nature of the request from the applicant and look at the impacts of that specific request related to the conditions you impose and the nexus between the two. 0:26:36 Cr. Becker Cr. Becker began questions for staff. 0:30:46 Cr. Mehl Cr. Mehl continued questions for staff. 0:36:46 Bob Lee, on behalf of the Applicant Mr. Lee with Morrison Maierle began the presentation on behalf of the applicant. 0:43:37 Pat Acay,Northwestern Energy Mr. Acay from Manhattan, Manager of Lands and Permitting with Northwestern Energy continued the applicant's presentation. 3of11 Unities vJ the Bozeman Citr Commission, October 25,2010 0:45:20 Cr. Mehl Cr. Mehl began questions for the applicant. 0:45:57 Cr. Andrus Cr. Andrus continued questions for the applicant. 0:49:06 Cr. Taylor Cr. Taylor continued questions for the applicant. 0:50:34 Cr. Becker Cr. Becker continued questions for the applicant. 0:51:59 Mayor Krauss Mayor Krauss continued questions for the applicant. 0:53:14 Public Comment Mayor Krauss opened public comment. 0:53:33 Rick Meis, Public Comment Mr. Meis of 718 South 12th lives right behind the property at issue. He and his neighbor Karen have been frustrated with the disrepair of the screening fence and sound barriers on the side of the substation that faces their homes. 1:02:14 Public Comment Closed Seeing no further public comment, Mayor Krauss closed public comment. 1:02:21 Cr. Becker Cr. Becker asked further questions of staff. 1:03:37 Public hearing closed. Mayor Krauss closed the public hearing and opened motion, discussion and vote. 1:04:16 Motion and Vote to approve variance#1 regarding section 18.16.050.A.1.a. having found the staff findings reasonable and review criteria met. It was moved by Cr. Becker,seconded by Cr.Taylor to approve variance#1 regarding section 18.16.050.A.1.a. having found the staff ftndinLys reasonable and review criteria met. Those voting Aye being Crs. Becker, Taylor, Mehl,Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 1:04:59 Motion to approve variance#2 regarding section 18.16.050.A.1.b., having found the staff findings reasonable and review criteria met. 4 of I 1 Alhnrles o/file Bozeman City Commission. Ocloher•25.2010 l:05:21 Discussion on the motion. 1:07:03 Vote on the motion to approve variance#2 regarding section 18 16 050 A 1 b having found the staff findings reasonable and review criteria met. Those voting Ave being Crs.Becker, Taylor, Mehl, Andrus and Mayor Krauss Those voting No being none. The motion passed 5-0. 1:07:16 Motion and Vote to approve variance#3 regarding Section 18.46.040.E. having found the staff findings reasonable and review criteria met. It was moved by Cr. Becker,seconded by Cr.Taylor to approve variance#2 regarding section 18.16.050.A.1.b,having found the staff findings reasonable and review criteria met Those voting Ave being Crs. Becker,Tavlor, Mehl,Andrus and Mavor Krauss Those voting No being none. The motion passed 5-0. 1:08:41 Cr. Becker Cr. Becker asked for direction from the Commission regarding the possibility of requiring screening around the entire sight. 1:09:12 Discussion took place among the Commission regarding screening improvements. 1:10:02 Cr. Mehl Cr. Mehl suggested that the applicant work with neighbors to resolve existing screening and sound barrier issues and asked that the neighbors report back to the Commission in three months as to the success of resolution. After discussion,the remainder of the Commission concurred. 1:18:44 Motion and Vote to approve Conditional Use Permit,Application No.Z-10190 with conditions of approval and code provisions listed in the staff report and with the variances and any conditions attached there to as addressed separately in variance items#1 through #3. It was moved by Cr. Becker,seconded by Cr. Taylor to approve Conditional Use Permit Application No.Z-10190 with conditions of approval and code provisions listed in the staff report and with the variances and anv conditions attached thereto as addressed separately in variance items#1 through #3. Those voting Ave being Crs. Becker, Taylor, Mehl, Andrus and Mavor Krauss Those voting No being none. The motion passed 5-0. 5 of'11 Unifies of the Bozeman('it%-Comnfi.%sion. October 25.Null 1:19:54 2. Planning Department Fiscal Year 2011 First Quarter Report (McHarg) 1:20:18 Tim McHarg, Planning Director Mr. McHarg provided the staff presentation on this item. 1:28:48 Mayor Krauss Mayor Krauss began questions for staff and requested that the next report include comparisons to the prior year. 1:30:17 Cr. Mehl Cr. Mehl continued questions for staff. 1:31:24 Cr. Taylor Cr. Taylor thanked Mr. McHarg for coming to Bozeman and then continued questions for staff. 1:32:41 Public Comment Mayor Krauss opened public comment, seeing none,Mayor Krauss closed public comment. 1:33:09 3. Building Inspection Division Fiscal Year 2011 First Quarter Report(Risk) 1:33:20 Bob Risk, Chief Building Official Mr. Risk provided the presentation on this item. I:38:54 Cr. Mehl Cr. Mehl began questions for staff. 1:41:16 Public Comment Mayor Krauss opened public comment, seeing none,Mayor Krauss closed public comment. 1:41:34 Break Mayor Krauss called for a break. 2:09:51 Back from Break Mayor Krauss called the meeting back to order after break. 2:10:03 4. Quarterly Work Plan Update(Kukulski) 2:10:18 Mr. Kukulski, City Manager Mr. Kukulski provided the staff presentation on this item. 2:33:24 Cr. Becker Cr. Becker requested the B-3 district research on similar jurisdiction(Page 1, item I.e. - Krueger)and the Western Transportation study(page 2, 1 d. - Bristor) 6ofII Minutes of the Boaenun:Cite•Conmiia.,ioir.October 25.2010 2:34:11 Cr. Becker Cr. Becker explained that the intersection improvement elimination on page 3, item 2a. bullet point eight is a priority for him. 2:36:09 Cr. Becker Cr. Becker spoke regarding item 4 on Pg 6 (infrastructure) as a priority as we go into the next budget and look at rate studies. 2:36:59 Cr. Becker Cr. Becker began a discussion regarding the timing of impact fee payments. The Commission agreed that this should be added to the work plan especially as they relate to water and sewer. 2:39:30 Cr. Becker Cr. Becker asked questions,beginning discussion regarding the content of the nearly finished codification project as well as the current status of digital records related to Commission decisions. 2:43:33 Mr. Kukulski Mr. Kukulski explained that when codification is complete, one of the next internal priorities is an overhaul of the records system. 2:44:45 Cr. Becker Cr. Becker said he feels Steve Johnson should handle the alley cleanup plan. 2:45:23 Cr. Becker Cr. Becker spoke regarding liking the idea of revising the casino ordinance to move grandfathered nonconforming uses. Cr. Taylor agreed. 2:46:00 Cr. Becker Cr. Becker said he would like to see the aquatic facility on the CIP. 2:46:39 Cr. Taylor Cr. Taylor began discussion regarding bringing in planning and cemetery staff to discuss budgeting and decide where they fit. 2:47:05 Mr. Kukulski Mr. Kukulski continued the conversation regarding budgeting. 2:48:52 Cr. Taylor agreed that Cemetery and Planning are very different. He feels the cemetery discussion involves dealing with the long term and how to deal with land that is called cemetery land but was purchased for parks and cemetery. Cr. Taylor also expressed interest in hearing more about the demolition by neglect ordinance. 2:51:22 Cr. Taylor Cr. Taylor would like to have a discussion regarding the cell phone,hands free ordinance. 7of11 311nukc�of Me Bozeman City Commission,October 25.2010 2:53:01 Mr. Sullivan Mr. Sullivan explained staff are meeting regarding demolition by neglect in November with a goal of presenting again to the Commission towards the beginning of next year with information on the International Property Maintenance Code. 2:53:29 Cr. Taylor Cr. Taylor said he is pleased with the amount of work that has gone forward on the plan. He then indicated he would like to see more information on items that say'completed' such as if there are any problems. 2:56:00 Mayor Krauss Mayor Krauss asked if there was anything on alley design regarding item La. -utilizing the Federal HUD grant. He would not like to see that money returned unused. 2:56:34 Mayor Krauss Mayor Krauss spoke about residential density in B-3. He would like to see no parkland requirement for B-3, saying this would be a piece of the UDO that could be changed right now and make a difference. 2:57:01 Cr. Becker Cr. Becker said he was under the impression staff would come back to the Commission with a series of recommendations furthering discussion on this issue. 2:57:16 Cr. Taylor Cr. Taylor offered support to Mayor Krauss regarding residential density in B-3. 2:57:58 Mayor Krauss Mayor Krauss said he is very opposed to amending the UDO for sidewalk install as part of street infrastructure. 2:58:22 Mayor Krauss Mayor Krauss said he would like to know more about the Design Objectives Plan which is currently under review and how it is used by the end of the year. 2:59:19 Mayor Krauss Mayor Krauss spoke regarding the items under initiate legislative changes and said he felt hands free should be considered in this category. 3:00:06 Mayor Krauss Mayor Krauss indicated he still needs to be convinced the city needs to build a water treatment plant next year. 3:00:29 Mayor Krauss Mayor Krauss said hiring a head librarian should be added to the work plan. 8ofli Afnnutes o1 the Bo_emnn Ciir Commission.Ocfoher 25..01 o 3:00:46 Mayor Krauss Mayor Krauss said someone from the Commission may want to be included in the discussions regarding identifying future CTEP projects. 3:01:03 Mayor Krauss Mayor Krauss suggested that storm water may be appropriate under enhance Bozeman Creek, 3:01:17 Mayor Krauss Mayor Krauss said he is not interested in the casino ordinance at this time. 3:01:26 Mayor Krauss Mayor Krauss said the cost of appeals is a concern for him. 3:01:53 Mayor Krauss Mayor Krauss indicated he would like the grants finished up under the item, 'implement the TIF districts.' 3:02:28 Mayor Krauss Mayor Krauss said feedback he has received regarding the citizen police academy is 'great new program',and he congratulated the police department for the current strength of 59 officers after recent hiring. 3:03:30 Mayor Krauss Mayor Krauss said that he does not feel demolition by neglect can be moved up in priority under 'additional potential issues'when the codification and REMU need dealt with. 3:04:02 Mayor Krauss Mayor Krauss indicated that in addition to unfinished items,his top three priorities when the work plan will be updated again in January will be, business friendly changes in the UDO, storm water utility and one and a half mills for Gallatin College. 3:05:40 Cr. Mehl Cr. Mehl continued discussion regarding the community college. 3:09:39 Cr. Mehl Cr. Mehl indicated his priorities are economic development closely followed by infrastructure. Within economic development he would include downtown,the alley work,the review process, REMU, and the buy local initiative. Within the buy local discussion he would like staff to research what other cities do. 3:11,01 Cr. Mehl Cr. Mehl said the buy local research and identifying city exemptions could be completed after the codification is complete. 9ofII Afinu►es of flit,Bozeman ON Commission. Orloher 25.2010 3:11:40 Cr. Mehl Cr. Mehl said he feels the water treatment plant needs justification before the next budget cycle. 3:12:08 Cr. Mehl Cr. Mehl said he would like additional potential issues to be as long as necessary when three Commissioners ask for something to be added. He would like this document used as a clearing house. 3:12:50 Cr. Mehl Cr. Mehl would like to talk about legislative priorities after November 2nd, but by the end of the year. 3:13:16Mayor Krauss and Commissioner Taylor agreed that they would like to talk about legislative priorities as well. 3:13:37 Cr. Andrus Cr. Andrus indicated her thoughts have already been articulated by others. She would like to remove modifications to the casino ordinance to allow more time for REMU. She also indicated she would like to hear more on the buy local idea as well. 3:14:11 Cr.Andrus Cr.Andrus said she also feels the demolition by neglect ordinance is important. 3:14:36 Cr. Taylor Cr. Taylor is not interested in looking at the casino ordinance as a whole,but would be interested in specific issues. 3:15:25 Cr. Taylor Cr. Taylor indicated he would also like more information on the buy local option. 3:15:57 Mayor Krauss Mayor Krauss said the Mayors'Climate Change Task Force will be offering guidance with their top twenty recommendations on November 291h,occupying some Commission time. 3:16:28 Mayor Krauss Mayor Krauss spoke regarding the limited number of agendas left this year. 3:18:27 Discussion took place regarding REMU and a decision was made to place REMU as a higher priority than signs with signs following directly. 3:19:06 Mayor Krauss Mayor Krauss listed other items that are coming up soon as the capital improvements program and the manager's review. 10ofII Minutes o1 the Bowman 01v C'onunis.cion.Oclober 25,2010 3:19:42 Mayor Krauss Mayor Krauss suggested that Mr. Fontenot discuss casinos with the tavern association to gather their suggestions. 3:211:23 Discussion took place regarding a storm water utility,with a time frame of 2011, 3:24:48 Mr. Kukulski Mr. Kukulski spoke regarding the possibility of having a discussion with water rights on November I st regarding why a water treatment plant is needed. 3:26:04I. FYI/Discussion 3:26:21 1. Medical Marijuana Update(Sullivan) Mr. Sullivan explained that since adoption of the ordinance everything has gone fairly smooth with no citations issued for a smoking prohibition. 18 storefronts Iicensed, with six in review. They have had a handful of complaints from neighbors regarding excessive smell and grow operations where they shouldn't be which have been referred to the Police Dept. 3:27:16 2. Review of City Manager The review of the city manager is to be scheduled soon. 3:27:28 3. Meeting Notification Cr. Mehl said that if staff is meeting with constituents because of a public letter he does not need to be there,but would like notification ahead of time. 3:28:34 4. Update regarding hiring the library director Mr. Sullivan provided information on the progress of hiring a new library director, 3:29:31 5. Go Hawks!! (Krauss) 3:30:29 J. Adjournment Mayor Krauss adjourned the meeting at 9:35 p.m. Jeffrey K.Krauss,Mayor ATTEST: Stacy Ulmen,CMC, City Clerk PREPARED BY: Aimee Kissel, Deputy City Clerk Approved on 11 of 11