HomeMy WebLinkAbout02-14-11 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
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 deiail.
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 &e being Crs. Becker, Andrus, Mehl, TMlor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
Page 1 of 7
§hluttes c?/ the Bo—ze"un? C"aY C'olinnis. ion Afe lia", Februeny 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 Eire 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 votinil Aye bein2 Crs. Andrus Mehl Taylor, Becker and Ma or Krauss.
Those votin 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,
Ile 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.
'Affintles ol"the Bozemoo CWY Commission llvvii)W, Vchrwrp-a 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 Ave 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).
Ifinittes offhe lio- 011 Co mission Peoing, Februan 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 Fowlerl.
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 Ale 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 votina Aye being Crs. Becker and Mayor Krauss.
Those voting No being Crs. TMIor, 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 reeardine timing of work for the short hand Fowler construction portion of this
application.
Those voting Ave being Crs. Taylor and Becker.
Those voting No being, Crs. Mehl, Andrus and Mayor Krauss.
The motion failed 2-3.
.11imele's ofthe Bo cwan Citi- Coninjission 31(!c1j17g. Fehniary 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 !Ly Cr. Taylor that we consider a motion waivin
Criterion 5 re arding timing of work for the short hand College/Main re-construction
portion of this application.
Those voting Ale being Crs. Taylor and Becker.
Those voting No being with Crs. Mehl, Andrus and Ma or 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 possibi
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 Ave 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.
I Unifies 0
,fthe Bozeman Cii onmd.uion Alcclhq Fvhnfen-v 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 ky, Cr. Becker, seconded by Cr. Andrus thathavin_z heard and considered
public comment, I move to approve the Residential Emphasis Mixed Use Zone Code Text
Amendment, apj2lication No. Z-09241 incor]2orating 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 M or Krauss.
Those voting No being none.
The motion passed 5-0.
2:50:511. FYI/Discussion
2:50:59 1. City Offices closed February 21, 2011 in observance of President's Day.
2:51:512. EDC Summit Thursday February 17th at the Emerson Cultural Center at 7
a.rn
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.
2:55:216. 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.
WhIJ(.1cs of1he Bo 4e 01Y Commission Afeeiing, Fehrtfory 14. 201
3:01:29 J. Adjournment
Mayor Krauss adjourned the meeting at '9 p.m,
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