HomeMy WebLinkAbout10-25-10 Minutes, City CommissionBOZEMAN, 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.
1, Please r*r to the audio recording qfthis meeting n— 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 :0 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 I I Garbage service on those days will run as usual.
0:02:02 2. American Legion Grand Opening on Veterans Day, November 11th 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)
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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.bozernari.net.
0:11:07 E. Minutes - September 20, 2010
0:11 : 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 votinm Aye 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.
0:11:39 F. Consent
I Authorize Payment of Accounts Payable Clain (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. 210042 (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. I 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)
8. Accept the Building Division Monthly Report for September 2010 (Risk)
0:11:52 Motion and Vote for Consent items F. 1-8 as listed.
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It was moved by Cr. Andrus, seconded by Cr. Becker to approve consent items F. 1-8 as
listed.
Those voting Aye beina Crs. Andrus, Becker, Taylor, Njehl and Mayor Krauss.
Those voting No behill none.
The motion passed 5-0.
0: 12: I0 G. Public Comment
Mayor Krauss opened general public coinment.
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.
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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 Weis 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 ,rote.
1:04:16 Motion and Vote to approve variance #1 regarding section 18.16.050.A.I.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 regardin
section 18.16.050.A.1.a. having found the staff findings reasonable and review criteria met.
Those voting Aye being Crs. Becker Ta Tlor Mehl Andrus and Major Krauss..
Those voting No being none.
The motion massed 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.
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1.05:21 Discussion on the motion.
1:07:03 ' Vote on the motion to approve variance #2 regarding section 18.16.050.A.I.b.,
having found the staff findings reasonable and review criteria met.
Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss.
Those votinp, 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.l.b, having found the staff findings reasonable and review criteria met.
Those votin$! Aye being Crs. Becker, Taylor, Mehl -I Andrus and Mayor 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,
1:1 X3:44 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 apRrove Conditional Use Permit,
Application No. Z-10190 with conditions of approval and code revisions listed in the staff
report and with the variances and any conditions attached thereto as addressed separatel
in variance items #1 through #3.
Those voting Aye bein Crs. Becker, Tmlor, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
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1 :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 coining 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.
1:38:54 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 1.c, -
Krueger) and the Western Transportation study (page 2, 1 d. - Brstor)
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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 o%'erhaul 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.
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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 Mayer Krauss
Mayor Krauss asked if there was anything on alley design regarding item 1.a. - 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 cone 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 eery 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.
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3 :00 :46 Mayor Krauss
Mayor Krauss said someone from the Commission may want to he 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 Creels.
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 plain will be updated again in January will be, business friendly changes in the UDC), 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,
R.EMU, 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.
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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 Iike 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 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 29 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.
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3:19:42 Mayor Krauss
Mayor Krauss suggested that Mr. Fontenot discuss casinos with the tavern association to gather
their suggestions,
3.21:23 Discussion took place regarding a storm water utility, with a titre frame of 201
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,
3:26:04 L 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 licensed, 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.
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