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HomeMy WebLinkAboutNovember 29, 2010 Minutes MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 29, 2010 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday November 29, 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 of this meeting for additional detail. A. Call to Order - 5 p.m. - Commission Room, City Hall, 121 North Rouse B. Executive Session - Personnel The Mayor closed to the public this portion of the meeting pursuant to Sect. 2-3-203(3), MCA finding the meeting relates to a matter of individual privacy and determining the demands of individual privacy exceed the merits of public disclosure. *A separate set of minutes have been prepared for the Executive Session. 0:00:57 C. Call to Order - Regular Meeting The regular meeting was called to order at 6:24 p.m. 0:00:57 D. Pledge of Allegiance and a Moment of Silence 0:01:03 E. Changes to the Agenda Mayor Krauss asked City Manager, Chris Kukulski if there were any changes to the agenda. 0:01:08 Chris Kukulski Mr. Kukulski per a request from Mayor Krauss, pulled consent items ten and thirteen and placed them as action items three and four. 0:01:53 F. Public Service Announcement - Advisory Board Volunteer Opportunities (Kissel) 24 0:01:54 Aimee Kissel, Deputy City Clerk Ms. Kissel spoke regarding citizen advisory board ongoing vacancies and upcoming term expirations encouraging those who are interested to apply for volunteer positions. 0:03:26 G. Minutes - October 11, 2010 0:03:30 Motion and Vote to approve the minutes of October 11, 2010 It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the minutes of October 11, 2010. Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:03:57 H. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize City Manager to sign an Amendment to Professional Services Agreement with Tetra Tech Inc. for continued post-closure ground water monitoring at the Story Mill Landfill (Johnson) 3. Approve the Building Division Monthly Report (Driscoll) 4. Approve rescheduling the Mitchell Development Impact Fee Appeal Hearing to January 10, 2011 (Saunders) 5. Approve Resolution No. 4301, authorizing the City Manager to sign Change Order No. 1 for the CTEP College/Huffine Shared Use Pathway Project (Dingman) 6. Approve 2011 Liquor License or Beer and Wine License Renewals (Neibauer) 7. Approve the Bozeman Police Department and Gallatin County Sheriff's Office recommendation to expend money from the Edward Byrne Memorial Justice Assistance Grant (Kent) 8. Approve the renewal of the Security Contract between the Police Department and Rocky Mountain Security Service (Kent) 9. Adopt the Building Inspection Fund within the Capital Improvement Plan (CIP) for FY 2012-2016 (Rosenberry) 10. Adopt the Street Maintenance Fund within the Capital Improvements Plan (CIP) for FY 2012-2016 (Rosenberry) 11. Adopt the Tree Maintenance Fund within the Capital Improvements Plan (CIP) for FY 2012-2016 (Rosenberry) 12. Adopt the Solid Waste Fund within the Capital Improvements Plan (CIP) for FY 2012-2016 (Rosenberry) 13. Adopt the Curb Replacement Fund within the Capital Improvements Plan (CIP) for FY 2012-2016 (Rosenberry) 14. Adopt the Fire Capital and Equipment Replacement Fund within the Capital 25 Improvements Plan (CIP) for FY 2012-2016 (Rosenberry) 15. Finally Adopt Ordinance No. 1797, amending Ch. 3.28 of the Bozeman Municipal Code to create authority for the city to enter into advertising programs on Municipal Property (Burns) 0:04:04 Public comment for consent. Mayor Krauss opened public comment for consent. No person commented. Mayor Krauss closed public comment 0:04:04 Motion and Vote for consent items H. 1-9, 11, 12, 14 and 15. It was moved by Cr. Andrus, seconded by Cr. Becker to approve consent items H. 1-9, 11, 12, 14 and 15. as listed. Those voting Aye being Crs. Andrus, Becker, Taylor, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:04:22 I. Public Comment Mayor Krauss opened general public comment. No person commented. Mayor Krauss closed general public comment. 0:05:04 J. Policy Discussion – Mayor’s Community Climate Task Force Discussion on Recommendations for Climate Action Plan (Meyer) 0:05:08 Rules of procedure suspended. Mayor Krauss suspended the rules of procedure to allow for an informal policy discussion. 0:05:25 Natalie Meyer, Grants and Climate Protection Coordinator Ms. Meyer began the presentation by explaining this discussion is for review and discussion of the preliminary community climate action plan recommendations that were put together by the Mayors' Community Climate Task Force. 0:06:12 Hattie Baker, Climate Consultant Ms. Baker provided background and a presentation on this item and then introduced the members of the Mayors' Community Climate Task Force in attendance for the discussion. 0:09:38 Mayor’s Community Task Force Members and working group members Hattie Baker introduced the following Task Force members in attendance: Jeff Butler, Montana State University; Chris Naumann, Downtown Business Partnership; Dan Stevenson, Montana State University; Dawn Smith, US Green Building Council; Anders Lewendal, Southwest Montana Building Industry Association; Scott Bischke, Citizen at Large; Daryl Nourse, Bozeman Chamber of Commerce; Lee Hazelbaker, Streamline/Galavan Transportation; Kevin Barre, Bozeman Public School System. 26 Working group members: Brian Krueger, City Planning Department; Wendy Weaver, Greenstone Consulting; Heather Higenbotham, Yellowstone Business Partnership; Lisa Ballard, Professional Engineer with Current Transportation Solutions; David Boggeman, former member of the Community Climate Task Force and retired chemist at Montana State University; Joshua Bowden, Gradiant Systems; Gary Gannon, TruVue Solution; Ron Gompertz, EcoAuto; Ron Green, Sanitation Department. 0:15:38 Mayor Krauss Mayor Krauss thanked the Task Force members for their tremendous amount of time and effort to work on this project. He then began answering questions posed by Ms. Baker on behalf of the Task Force. 0:19:11 Cr. Mehl Cr. Mehl began providing feedback to the Task Force. 0:22:18 Mayor Krauss Mayor Krauss continued providing answers and feedback to the task force members. 0:23:42 Cr. Taylor Cr. Taylor provided answers and feedback to the task force members. 0:26:13 Cr. Andrus Cr. Andrus answered questions and provided feedback to task force members. 0:27:47 Cr. Becker Cr. Becker answered questions and provided feedback to the task force members. 0:31:46 Mayor Krauss Mayor Krauss provided additional feedback and began discussion with members. 0:35:01 Hattie Baker Ms. Baker announced that recommendation R. c. b. 3. on page ten is not possible due to Montana State Law. 0:35:57 Cr. Taylor Cr. Taylor said that while it is worth noting that the law would need to be changed, he would not withdraw the recommendation because the state prohibits it. 0:43:20 Natalie Meyer Ms. Meyer explained another update will be provided after the completion of the 2010 greenhouse gas emissions inventory. 1:24:12 Mayor Krauss Mayor Krauss said he would be willing to set another meeting with the task force to dedicate to these recommendations. He would like to see notes on what items the City is already engaged in. 27 Mayor Krauss also mentioned the deadline for submitting bill holders with the Montana Legislature is two days away, and would recommend moving forward with some of the state policy issues. 1:38:58 Mayor Krauss called for a break. 1:40:59 Meeting called back to order. 1:41:16 K. Action Items 1:41:21 1. Provisional Adoption of Ordinance No. 1795, amending Chapter 2.78 of the Bozeman Municipal Code, providing for Membership Changes and confirming Duties and Responsibilities for the Bozeman Area Bicycle Advisory Board (Van Delinder) 1:41:23 John Van Delinder, Street Superintendent Mr. Van Delinder gave the staff presentation on this item. 1:42:56 Public Comment Mayor Krauss opened public comment on this item. No person commented Mayor Krauss closed public comment. 1:43:10 Motion and Vote to provisionally adopt Ordinance No. 1795, amending Chapter 2.78 of the Bozeman Municipal Code, providing for membership changes and confirming duties and responsibilities for the Bozeman Area Bicycle Advisory Board. It was moved by Cr. Becker, seconded to Cr. Taylor to provisionally adopt Ordinance No. 1795, amending Chapter 2.78 of the Bozeman Municipal Code, providing for membership changes and confirming duties and responsibilities for the Bozeman Area Bicycle Advisory Board. Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 1:43:51 2. Baxter Meadows Zone Map Amendment, Application No. Z-10244 (Saunders) 1:44:11 Chris Saunders, Dept. of Planning and Community Development Mr. Saunders provided the staff presentation on this item. 1:47:34 Mayor Krauss called for questions for staff. 1:47:40 Cr. Taylor Cr. Taylor began questions for staff. 28 1:54:13 Cr. Mehl Cr. Mehl continued questions for staff. 1:57:15 Cr. Andrus Cr. Andrus continued questions for staff. 1:58:15 Mayor Krauss Mayor Krauss continued questions for staff. 2:07:33 Jason Leep, with NAI Landmark on behalf of First Interstate Bank Mr. Leep from NAI Landmark presented on behalf of the applicant, First Interstate Bank. 2:16:41 Cr. Andrus Cr. Andrus began questions for the applicant representative. 2:20:18 Public Comment Mayor Krauss opened public comment, seeing none he closed public comment. 2:20:30 Motion that having heard and considered public comment, I hereby adopt the findings presented in the staff report for Z-10244 and move to approve the zone map amendment requested in application Z-10244 authorizing a zone map amendment for the subject property from B-2 (Community Business District) to R-4 (High Density Residential District) subject to the contingencies listed on page two of the staff report. It was moved by Cr. Taylor, seconded by Cr. Mehl that having heard and considered public comment, I hereby adopt the findings presented in the staff report for Z-10244 and move to approve the zone map amendment requested in application Z-10244 authorizing a zone map amendment for the subject property from B-2 (Community Business District) to R-4 (High Density Residential District) subject to the contingencies listed on page two of the staff report. 2:21:11 Mayor Krauss opened discussion on the motion. 2:22:08 Cr. Taylor began discussion on the motion. 2:26:18 Vote on the motion that having heard and considered public comment, I hereby adopt the findings presented in the staff report for Z-10244 and move to approve the zone map amendment requested in application Z-10244 authorizing a zone map amendment for the subject property from B-2 (Community Business District) to R-4 (High Density Residential District) subject to the contingencies listed on page two of the staff report. Those voting Aye being Crs. Taylor, Mehl, Andrus, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 29 2:27:05 3. (Moved from Consent item H. 10.) Adopt the Street Maintenance Fund within the Capital Improvement Plan for FY 2012-2016. 2:27:13 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation on this item. 2:28:13 Mayor Krauss Mayor Krauss began questions for staff. 2:46:00 Public comment Mayor Krauss opened public comment. No person commented, Mayor Krauss closed public comment. 2:46:05 Mayor Krauss opened motion, discussion and vote. 2:46:20 Motion and vote to adopt the street maintenance fund within the Capital Improvement Plan for FY 2012-2016. It was moved by Cr. Mehl, seconded by Cr. Andrus to adopt the street maintenance fund within the Capital Improvement Plan for FY 2012-2016. Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:46:30 4. (Moved from Consent item H. 13) Adopt the Curb Maintenance Fund within the Capital Improvement Plan for FY 2012-2016. 2:46:35 Public Comment Mayor Krauss opened public comment, seeing none he closed public comment. 2:46:47 Motion and vote to adopt the curb replacement fund within the Capital Improvements Plan for FY 2012-2016. It was moved by Cr. Andrus, seconded by Cr. Becker to adopt the curb replacement fund within the Capital Improvements Plan for FY 2012-2016. Those voting Aye being Crs. Andrus, Becker, Mehl, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:47:28 5. Presentation of Water Fund and Wastewater Fund portions of the Recommended Capital Improvements Plan (CIP) for FY 2012-2016 (Rosenberry) 2:47:46 Anna Rosenberry Ms. Rosenberry gave the staff presentation on this item beginning with the water fund. 30 2:50:48 Mayor Krauss Mayor Krauss asked if there were questions for staff 2:56:39 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 2:56:40 Mayor Krauss Mayor Krauss recommended that staff place approval of the water fund to a future consent agenda. 2:59:40 Ms. Rosenberry Ms. Rosenberry gave the staff presentation on the wastewater fund. 3:03:02 Public comment Mayor Krauss opened public comment. Seeing none, he closed public comment. 3:03:07 Mayor Krauss Mayor Krauss recommended that the waste water fund portion of the CIP be approved on a future consent agenda. 3:03:26 6. Appointment to the Community Affordable Housing Advisory Board (Kissel) 3:03:40 Aimee Kissel Ms. Kissel provided the staff presentation on this item. 3:04:18 Mayor Krauss Mayor Krauss began questions for staff on this item. 3:05:20 Cr. Taylor Cr. Taylor began discussion on this item. 3:12:56 Cr. Taylor Cr. Taylor requested that this item be deferred for one month to provide him time as the board liaison to speak with the applicant. 3:13:35 5. Appointment to the Tree Advisory Board (Kissel) 3:13:48 Motion and Vote to appoint William Hoch to the Tree Advisory Board. It was moved by Cr. Mehl, seconded by Cr. Andrus to appoint William Hoch to the Tree Advisory Board. Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss. 31 Those voting No being none. The motion passed 5-0. 3:14:37 L. FYI/Discussion 3:14:39 1. Montana State University themed airplane The Montana State University Alumni Association will host a special unveiling celebration at the Gallatin Field Airport at 2:30 p.m. on November 30, 2010 to welcome the new MSU themed plane. 3:15:21 2. Successful Huffing for Stuffing Street Superintendent, John Van Delinder thanked John Dudas for another successful huffing for stuffing event on Thanksgiving Day and reported over 2000 people were there. 3:16:08 3. Place holders for state legislative bills Finance Director Anna Rosenberry confirmed with Mayor Krauss that staff does have direction to move forward with attempting to find a sponsor for taxi de-regulation at the state level. 3:16:41 Cr. Andrus Cr. Andrus volunteered to assist staff with this effort and asked about pursuing the others as well. 3:17:59 4. Development Agreements Place holder for state legislative bill Mayor Krauss said the planning board is interested in Tim McHarg’s idea of development Agreements in lieu of subdivision regulations for communities that have robust plan documents already and let the planning documents rule. Mayor Krauss said he would be working on a placeholder at the state for this item. 3:18:47 5. Housing unit permits Mayor Krauss mentioned that in October the city saw the fewest number of housing units permitted since 1990 with the year to date fewest since 1991. 3:19:08 6. Follow up regarding permitting dogs on athletic fields Chris Kukulski asked Recreation and Parks Superintendent, Ron Dingman to follow up a letter received from the Gallatin Dog Club regarding this issue. Mr. Dingman explained that the Gallatin Dog Club has in the past used the softball complex for a dog show by sub-letting from the Softball Assoc. Once revisions were made to Ord. 1674 they were informed that dogs are no longer allowed on athletic fields and were offered alternative suggestions such as the regional park, fairgrounds. The Club was informed they would need to go to the Commission for an exemption to be granted. The Parks Dept. would recommend that the Ordinance be upheld since dogs and high maintenance athletic fields do not mix well. They've had complaints from parents, players about dog issues on these fields. Staff will communicate with the Dog Club providing more ideas for a more appropriate alternative location for their event. 32 3:26:36 7. South Willson / Cleveland Lighting District Meeting Director of Public Works, Debbie Arkell announced that Northwestern Energy will be meeting with folks in the South Willson and Cleveland Lighting District on Thursday at 7 p.m. in the commission room. 3:26:57 8. Snow plowing for Christmas Stroll Ms. Arkell announced that the Montana Department of Transportation and the City Streets Department would begin to haul snow from Main Street and surrounding side streets beginning Thursday a.m. in anticipation of the Christmas stroll. 3:27:38 9. Mayoral Proclamation for Bozeman Hawks Football Mayor Krauss announced he will have a Mayoral Proclamation on next week's agenda to acknowledge the Bozeman High Football Team State Champions. 3:28:14 M. Adjournment Mayor Krauss adjourned the meeting at 10:14 p.m. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ____________________________________ Aimee Kissel, Deputy City Clerk Approved on _________________________ 33