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HomeMy WebLinkAboutFebruary 14, 2011 Minutes.pdf Page 1 of 7 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 14, 2011 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, February 14, 2011. Present were Mayor Jeff Krauss, Commissioner Sean Becker, Commissioner Cyndy Andrus, 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 refer to the audio recording of this meeting for additional detail. 0:08:16 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6:02 p.m. 0:08:20 B. Pledge of Allegiance and a Moment of Silence 0:09:04 Welcome Mayor Krauss welcomed everybody to the Meeting. 0:09:23 C. Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated that there were no changes to the agenda. 0:09:32 D. Minutes – January 3 and January 18, 2011 0:09:39 Motion and Vote to approve the minutes from January 3 and January 18, 2011 as submitted. It was moved by Cr .Becker, seconded by Cr. Andrus to approve the minutes from January 3 and January 18, 2011 as submitted. Those voting Aye being Crs. Becker, Andrus, Mehl, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 5 Minutes of the Bozeman City Commission Meeting, February 14, 2011 0:09:50 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign Memorandum Of Understanding, grant agreements and other documents on behalf of the City directly related to submission of a grant proposal for Automated External Defibrillators (Stocks) 3. Authorize submittal of sub grant application to the Montana Board of Crime Control in the amount of $65,981 (Stocks) 4. Authorize Mayor to sign Interlocal Agreement between the cities of Bozeman, Helena,Great Falls, the Missoula Rural Fire District and the State of Montana (Shrauger) 5. Accept the Planning Department Fiscal Year 2011 Second Quarter Update (McHarg) 6. Accept the Building Division Report for January 2011 (Risk) 7. Authorize City Manager to sign the East Peach Street Professional Services Agreement (Johnson) 8. Approve Depository Bonds & Pledged Securities as of December 31, 2010 (Clark) 9. Authorize Mayor to sign the Bozeman Certified Local Government Grant Application for 2011-2012 (Kramer) 10. Approve the Building Inspection 2nd Quarter Fiscal Year 2011 Update/October 1, 2010 – December 31, 2010 (Risk) 0:09:57 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:10:15 Motion and Vote to approve Consent items 1-10. It was moved by Cr. Andrus, seconded by Cr. Mehl to approve Consent items 1-10. Those voting Aye being Crs. Andrus, Mehl, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:10:28 F. Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:10:58 G. Special Presentation – Annual Storm Water Update (Johnson) Dustin Johnson, Engineer gave the staff presentation regarding the Annual Storm Water Update. He spoke regarding what has been accomplished in the last year and goals for the upcoming year. He spoke regarding the Total Maximum Daily Loads into creeks and the City's current discharge permit for storm water. 6 Minutes of the Bozeman City Commission Meeting, February 14, 2011 0:24:21 H. Action Items 0:24:24 1. Mitchell Development IFCR-0601 Hearing of Impact Fee Credit Request and Associated Appeal Regarding Credit Eligibility (moved from February 7, 2011) (Saunders) 0:25:08 Greg Sullivan, City Attorney Mr. Sullivan spoke regarding the tabled Motion from January 10th: "It was moved by Cr. Becker, Seconded by Cr. Andrus to direct staff to come back to us with a specific plan of action for amending the CIP to include the items addressed in the applicant's appeal." This is the main item for the Commission's consideration. 0:27:43 Stacy Ulmen, City Clerk Ms. Ulmen read the motion to the Commission. 0:37:47 Chris Saunders, Assistant City Planner Mr. Saunders gave the staff presentation regarding Mitchell Development IFCR-0601 Hearing of Impact Fee Credit Request and Associated Appeal Regarding Credit Eligibility. 0:52:20 Susan Swimley, Applicant Representative Ms. Swimley presented the Applicant Presentation. They are asking that the Commission waive the timing on the 4 projects and have Capital Improvements Project hearing. At that time they will speak about why they feel that they are capacity expanding. 1:03:09 Public Comment Mayor Krauss opened public comment. 1:03:19 Dean Derank, Public Comment Mr. Derank of 221 Westerns Drive spoke regarding treating everybody equal. 1:07:15 Public Comment Closed Mayor Krauss closed public comment. 1:09:07 Ms. Ulmen Ms. Ulmen read back the motion. 1:09:28 Vote on the Motion to direct staff to come back to us with a specific plan of action for amending the CIP to include the items addressed in the applicant's appeal. Those voting Aye being Mayor Krauss. Those voting No being Crs. Becker, Andrus, Mehl, and Taylor. The motion failed 1-4. 1:11:31 Motion to waive the timing for the Land for Fowler (waiving (Criterion 5) regarding timing of work for the Land for Fowler). 7 Minutes of the Bozeman City Commission Meeting, February 14, 2011 It was moved by Cr. Taylor, seconded by Cr. Becker to waive the timing for the Land for Fowler (waiving (Criterion 5) regarding timing of work for the Land for Fowler). 1:26:42 Vote on the Motion to waive the timing for the Land for Fowler (waiving (Criterion 5) regarding timing of work for the Land for Fowler). Those voting Aye being Crs. Taylor, Becker, Andrus and Mayor Krauss. Those voting No being Cr. Mehl. The motion passed 4-1. 1:28:22 Motion as to the Land for Fowler, that we direct Staff to advertise a public hearing for consideration of amendments to the Capital Improvements Plan to possibly cure the existing non-conformance with Criteria 3 and 4. It was moved by Cr. Taylor, seconded by Cr. Becker as to the Land for Fowler, that we direct Staff to advertise a public hearing for consideration of amendments to the Capital Improvements Plan to possibly cure the existing non-conformance with Criteria 3 and 4. 1:42:25 Vote on the Motion as to the Land for Fowler, that we direct Staff to advertise a public hearing for consideration of amendments to the Capital Improvements Plan to possibly cure the existing non-conformance with Criteria 3 and 4. Those voting Aye being Crs. Becker and Mayor Krauss. Those voting No being Crs. Taylor, Andrus and Mehl. The motion failed 2-3. 1:42:52 Motion and Vote that the Garfield Construction portion of this application that criteria 5 be waived regarding timing of work. It was moved by Cr. Mehl, seconded by Cr. Becker that the Garfield Construction portion of this application that criteria 5 be waived regarding timing of work. Those voting Aye being Crs. Taylor and Becker. Those voting No being Crs. Mehl, Andrus and Mayor Krauss. The motion failed 2-3. 1:43:24 Motion and Vote that we consider a motion waiving Criterion 5 regarding timing of work for the short hand Fowler construction portion of this application. It was moved by Cr. Mehl, seconded by Cr. Taylor that we consider a motion waiving Criterion 5 regarding timing of work for the short hand Fowler construction portion of this application. Those voting Aye being Crs. Taylor and Becker. Those voting No being Crs. Mehl, Andrus and Mayor Krauss. The motion failed 2-3. 8 Minutes of the Bozeman City Commission Meeting, February 14, 2011 1:43:52 Motion and Vote that we consider a motion waiving Criterion 5 regarding timing of work for the short hand College/Main re-construction portion of this application. It was moved by Cr. Mehl, seconded by Cr. Taylor that we consider a motion waiving Criterion 5 regarding timing of work for the short hand College/Main re-construction portion of this application. Those voting Aye being Crs. Taylor and Becker. Those voting No being with Crs. Mehl, Andrus and Mayor Krauss. The motion failed 2-3. 1:45:36 Motion to direct Staff to advertise a public hearing for consideration of amendments to the Capital Improvements Plan to possibly cure the existing non- conformance with Criteria 3 and 4 for the projects Fowler/Signal and Fowler/Sewer line. It was moved by Cr. Mehl, seconded by Cr. Taylor to direct Staff to advertise a public hearing for consideration of amendments to the Capital Improvements Plan to possibly cure the existing non-conformance with Criteria 3 and 4 for the projects Fowler/Signal and Fowler/Sewer line. 1:48:14 Vote on the Motion to direct Staff to advertise a public hearing for consideration of amendments to the Capital Improvements Plan to possibly cure the existing non- conformance with Criteria 3 and 4 for the projects Fowler/Signal and Fowler/Sewer line. Those voting Aye being Crs. Mehl. Taylor, Becker, and Andrus. Those voting No being Mayor Krauss. The motion passed 4-1. 1:48:54 Break Mayor Krauss declared a break. 2:08:36 2. Residential Emphasis Mixed Use (REMU) Zone Code Text Amendment Application No. Z-09241 (Krueger) 2:08:56 Brian Krueger, Planner Mr. Krueger gave the staff presentation regarding the Residential Emphasis Mixed Use (REMU) Zone Code Text Amendment. 2:44:34 Susan Kozeb, Intrensik Architecture Ms. Kozeb gave the applicant presentation regarding Residential Emphasis Mixed Use (REMU) Zone Code Text Amendment. 2:45:47 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 9 Minutes of the Bozeman City Commission Meeting, February 14, 2011 2:46:01 Motion that having heard and considered public comment, I move to approve the Residential Emphasis Mixed Use Zone Code Text Amendment, application No. Z-09241 incorporating the findings included in the staff report and further direct staff to return with an ordinance for first reading. It was moved by Cr. Becker, seconded by Cr. Andrus that having heard and considered public comment, I move to approve the Residential Emphasis Mixed Use Zone Code Text Amendment, application No. Z-09241 incorporating the findings included in the staff report and further direct staff to return with an ordinance for first reading. 2:50:36 Vote on the Motion that having heard and considered public comment, I move to approve the Residential Emphasis Mixed Use Zone Code Text Amendment, application No. Z-09241 incorporating the findings included in the staff report and further direct staff to return with an ordinance for first reading. Those voting Aye being Crs. Becker, Andrus, Mehl, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:50:51 I. FYI/Discussion 2:50:59 1. City Offices closed February 21, 2011 in observance of President’s Day. 2:51:51 2. EDC Summit Thursday February 17th at the Emerson Cultural Center at 7 a.m 2:52:28 3. Economic Gardening Presentation this Wednesday at 6:30 p.m. at City Hall Economic is Everyone's business. 2:53:09 4. Chamber Eggs and Issues on February 18th at 7 a.m. at the Holiday Inn 2:53:28 5. EDC Presentation at the Joint City County Meeting this Friday at noon in Manhattan at the Oasis. 2:55:21 6. Bills/Legislature HB 519 Challenges the Anti Discrimination Ordinances. Mayor Krauss will be attending this session at the Legislature. HB 465 Development Agreements. Mayor Krauss will be going Tuesday afternoon to the legislature to speak regarding this issue. So will City Manager Chris Kukulski and City Planner Tim McHarg. SB 234 & 236 Exclusive hauling. Debbie Arkell Public Services Director spoke regarding these bills and stated that they have been heard by the Local Government Committee on Wednesday. 2:57:55 7. Follow up from last week regarding Homestead Project Housing. Mr. Kukulski stated that there is a little over $153,000 in the Affordable Housing Big Box Funds. There are some parameters with this money. 10 Minutes of the Bozeman City Commission Meeting, February 14, 2011 3:01:29 J. Adjournment Mayor Krauss adjourned the meeting at 9 p.m. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________. 11