HomeMy WebLinkAboutMarch 21, 2011 Minutes.pdf
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 21, 2011
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, March 21, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commissioner Sean Becker, 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.
A. Call to Order – 5 p.m.-Commission Room, City Hall, 121 North Rouse
B. Executive Session-Litigation Strategy.
*A separate set of Minutes have been prepared for the Executive Session
0:08:45 C. Call to Order Regular Meeting – 6 p.m.
Mayor Krauss called the Regular Meeting to order.
0:08:47 D. Pledge of Allegiance and a Moment of Silence
0:09:36 Welcome
Mayor Krauss welcomed everyone to the Meeting.
0:09:50 E. Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr.
Kukulski stated no although there has been a request to continue Action Item 3. Spring Creek
Village Resort Lot 4 Zone Map Amendment No. Z-11002. The Commission will decide upon this
later in the meeting.
0:10:10 F. Minutes – January 31, 2011
0:10:45 Motion and Vote to approve the Minutes from January 31, 2011 as submitted.
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It was moved by Cr. Andrus, seconded by Cr. Becker to approve the Minutes from
January 31, 2011 as submitted.
Those voting Aye being Crs. Andrus, Becker, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:11:03 G. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign the Edward Byrne Memorial Justice Assistance Grant
Application (Stocks)
3. Authorize City Manager to Execute Quitclaim Deed to Ducell, Hager and Larsen for
property vacated by Ordinance 179 (adopted January, 1899) (Sullivan)
4. Authorize Award of Bids to Tyler Electric and McLees Incorporated for Lighting and
Energy Retrofits at various City owned facilities under the United States Department of
Energy - Energy Efficiency Conservation Block Grant Program (Goehrung)
5. Accept the Building Division Monthly Report for February 2011 (Driscoll)
6. Ratify City Manager's signature on the Save America's Treasures grant agreement for
the Main Street Historic District (Kramer)
7. Provisionally adopt Ordinance No. 1803 authorizing the City Manager to enter into a
one year ground lease with Bill Tatarka for the lease of the Mandeville Farm property
for the purpose of farming (Arkell)
0:11:07 Public Comment on Consent Items
Mayor Krauss opened public comment on the Consent Items.
No person commented.
Mayor Krauss closed public comment.
0:11:28 Motion and Vote to approve Consent Items G. 1-7.
It was moved by Cr. Becker, seconded by Cr. Mehl to approve Consent Items G. 1-7.
Those voting Aye being Crs. Becker, Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:11:42 H. Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
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0:12:35 I. Special Presentation – Presentation by the County Capital Improvements
Program Committee about the Campus Master Plan
County Capital Improvement Committee Chairman David Weaver spoke regarding the Campus
Master Plan. He spoke regarding the need of the City Commission to review and comment on the
proposal. County Grants Administrator Larry Watson spoke regarding the funding portion of the
proposal and the master planning of the site. Architect Dick Prugh spoke regarding the master
plan of the project.
0:40:59 Public Comment
Mayor Krauss opened public comment.
0:41:21 Judge Holly Brown, Public Comment
Judge Brown spoke regarding a letter that was handed out to the Commission from the District
Court Judges that speaks in support of having all the Courts together.
0:44:48 Public Comment closed.
Mayor Krauss closed public comment.
0:45:01 Commission Discussion
The Commission discussed timing, efficiencies, cost savings for a mutual facility, the creation of
a separate Courts and Police Department and secure access. Police Chief Ron Price spoke
regarding the benefit of shared equipment, records and evidence. The Commission discussed the
life span of a new building, ownership control of the campus, the need for the City Commission
to discuss the master plan and how this will affect tax payers.
1:18:39 Break
Mayor Krauss declared a break.
1:32:02 Meeting called back to order
Mayor Krauss called the meeting back to order.
1:32:03 1. Proposal to match Federal Funds for Rehabilitation of housing with $50,000
from Workforce Housing Funds to facilitate The Human Resource Development Council
(HRDC), Owner Occupied Home Rehabilitation Program (Krauss)
Mayor Krauss opened the introduction discussion of the Proposal to match Federal Funds for
Rehabilitation of housing with $50,000 from Workforce Housing Funds to facilitate The Human
Resource Development Council (HRDC), Owner Occupied Home Rehabilitation Program.
HRDC representative Jeff Rupp spoke regarding the rehab program. Martin Johnson spoke
regarding the current program operations and what has been accomplished by the program.
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1:42:06 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
1:44:23 Motion to direct staff to prepare materials to match Federal Funds for
Rehabilitation of housing with $50,000 from Workforce Housing Funds to facilitate The
Human Resource Development Council, Owner Occupied Home Rehabilitation Program.
It was moved by Cr. Mehl, seconded by Cr. Taylor to direct staff to prepare materials to
match Federal Funds for Rehabilitation of housing with $50,000 from Workforce Housing
Funds to facilitate The Human Resource Development Council, Owner Occupied Home
Rehabilitation Program.
1:44:47 Commission Discussion
1:47:17 Vote on the Motion to direct staff to prepare materials to match Federal Funds for
Rehabilitation of housing with $50,000 from Workforce Housing Funds to facilitate The
Human Resource Development Council, Owner Occupied Home Rehabilitation Program.
Those voting Aye being Crs. Mehl, Taylor, Andrus, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1:47:40 2. Meadow Creek Subdivision, Phase 2 Preliminary Plat Application No. P-
11001 (Skelton)
1:48:01 Dave Skelton, Sr. Planner
Mr. Skelton gave the staff presentation regarding the Meadow Creek Subdivision, Phase 2
Preliminary Plat Application No. P-11001.
2:07:33 Chris Budeski, Applicant Representative
Mr. Budeski gave the applicant presentation. They are asking that Condition Number 21 be
removed regarding garage location. He spoke regarding Work Force housing.
2:13:44 Public Comment
Mayor Krauss opened public comment.
2:13:55 Joe Dahinden, Public Comment
Mr. Dahinden stated that he is President of the Valley-Flathead Bank. He spoke regarding when
the bank took the property over.
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2:15:20 Don Fink, Public Comment
Mr. Fink stated that he and his wife own property adjoining the subdivision. He spoke regarding
the property that they are working on developing. He thanked City staff for their assistance.
2:16:48 Public Comment closed
Mayor Krauss closed public comment.
2:16:55 Motion to approve the requested variances to Section 18.42.040.B, Section
18.44.010.A and Section 18.44.050, BMC on Meadow Creek Subdivision Application No. P-
11001 with the findings as listed in the staff report regarding the variances.
It was moved by Cr. Taylor seconded by Cr. Andrus to approve the requested variances to
Section 18.42.040.B, Section 18.44.010.A and Section 18.44.050, BMC on Meadow Creek
Subdivision Application No. P-11001 with the findings as listed in the staff report
regarding the variances.
2:18:55 Vote on the Motion to approve the requested variances to Section 18.42.040.B,
Section 18.44.010.A and Section 18.44.050, BMC on Meadow Creek Subdivision
Application No. P-11001 with the findings as listed in the staff report regarding the
variances.
Those voting Aye being Crs. Taylor, Andrus, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:19:10 Motion that “Having heard and considered public comment, I hereby adopt the
findings presented in the staff report for P-11001 and move to approve the preliminary plat
application for Meadow Creek Subdivision, Phase 2 requested in application P-11001
authorizing to subdivide 34.966 acres and create 82 (eighty-two) residential, single
household lots, 2 (two) residential, multi-household lots, 1 (one) neighborhood center,
including 2 (two) workforce housing lots and the remaining area as parks, open spaces,
streets and alleys subject to the conditions, as listed in Planning Board Resolution P-11001"
with the exception of Condition Number 7.
It was moved by Cr. Taylor, seconded by Cr. Andrus that "Having heard and considered
public comment, I hereby adopt the findings presented in the staff report for P-11001 and
move to approve the preliminary plat application for Meadow Creek Subdivision, Phase 2
requested in application P-11001 authorizing to subdivide 34.966 acres and create 82
(eighty-two) residential, single household lots, 2 (two) residential, multi-household lots, 1
(one) neighborhood center, including 2 (two) workforce housing lots and the remaining
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Minutes of the Bozeman City Commission Meeting, March 21, 2011
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area as parks, open spaces, streets and alleys subject to the conditions, as listed in Planning
Board Resolution P-11001" with the exception of Condition Number 7.
2:22:16 Vote on the Motion that "Having heard and considered public comment, I hereby
adopt the findings presented in the staff report for P-11001 and move to approve the
preliminary plat application for Meadow Creek Subdivision, Phase 2 requested in
application P-11001 authorizing to subdivide 34.966 acres and create 82 (eighty-two)
residential, single household lots, 2 (two) residential, multi-household lots, 1 (one)
neighborhood center, including 2 (two) workforce housing lots and the remaining area as
parks, open spaces, streets and alleys subject to the conditions, as listed in Planning Board
Resolution P-11001" with the exception of Condition Number 7.
Those voting Aye being Crs. Taylor, Andrus, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:22:29 3. Spring Creek Village Resort Lot 4 Zone Map Amendment No. Z-11002
(Opened and Continued from March 7, 2011) (Saunders)
2:22:46 Chris Saunders, Assistant Planner
Mr. Saunders explained that the applicant has asked that this item be opened and continued until
April 11th.
2:23:25 Public Comment
Mayor Krauss opened public comment.
2:23:45 Mike Money, Public Comment
Mr. Money of 393 Slough Creek Drive stated that he is the President of CT Condo Association.
Mr. Money stated that he has prepared a letter for the Commission. The Association has some
concerns with this project. The Association is opposed to the application.
2:26:00 Public Comment closed
Mayor Krauss closed the public comment.
2:27:10 Motion and Vote to continue this item to April 11, 2011.
It was moved by Cr. Andrus, seconded by Cr. Becker to continue this item to April 11,
2011.
Those voting Aye being Crs. Andrus, Becker, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
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2:27:44 4. Amendment to the Transportation Impact Fee Capital Improvement
Program to add signalization at the intersection of Fowler Avenue and W. Main Street
(Saunders)
2:28:00 Chris Saunders, Assistant Planner
Mr. Saunders gave the staff presentation regarding an Amendment to the Transportation Impact
Fee Capital Improvement Program to add signalization at the intersection of Fowler Avenue and
West Main Street.
Mayor Krauss left the dais and turned the Gavel over to Deputy Mayor Becker.
2:33:53 Public Comment
Deputy Mayor Becker opened public comment.
No person commented.
Deputy Mayor Becker closed public comment.
Mayor Krauss took over the Gavel.
2:34:17 Motion that having found the construction of the traffic signal at the intersection of
Fowler Avenue and West Main Street is both capacity expanding and not project related as
defined pursuant to Chapter 3.24 of the Bozeman Municipal Code I move to add this
signalization improvement to the FY11 Transportation Capital Improvements Program list
and provide for its funding in the amount of $384,580.00.
It was moved by Cr. Becker, Seconded by Cr. Mehl that having found the construction of
the traffic signal at the intersection of Fowler Avenue and West Main Street is both
capacity expanding and not project related as defined pursuant to Chapter 3.24 of the
Bozeman Municipal Code I move to add this signalization improvement to the FY11
Transportation Capital Improvements Program list and provide for its funding in the
amount of $384,580.00.
2:35:24 Vote on the Motion that having found the construction of the traffic signal at the
intersection of Fowler Avenue and West Main Street is both capacity expanding and not
project related as defined pursuant to Chapter 3.24 of the Bozeman Municipal Code I
move to add this signalization improvement to the FY11 Transportation Capital
Improvements Program list and provide for its funding in the amount of $384,580.00.
Those voting Aye being Crs. Becker, Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
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2:35:43 5. Amendment to the Wastewater Impact Fee Capital Improvement Program
to add signalization at the intersection of Fowler Avenue and W. Main Street to add a sewer
trunk underlying Fowler Avenue from approximately W. Main Street to Garfield Street.
(Saunders)
2:35:52 Mr. Saunders
Mr. Saunders stated that there was a small typo on the agenda title but the public was adequately
noticed for this item. Mr. Saunders gave the staff presentation regarding an Amendment to the
Wastewater Impact Fee Capital Improvement Program to add signalization at the intersection of
Fowler Avenue and West Main Street.
2:38:13 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:38:40 Motion that having found 92% of the expense of construction of a sewer trunk
underlying Fowler Avenue from approximately West Main Street to Garfield is both
capacity expanding and not project related as defined pursuant to Chapter 3.24 of the
Bozeman Municipal Code I move to add this improvement to the FY11 Wastewater Capital
Improvements Program list and provide for its funding in the amount of $224,616.
Cr. Mehl, seconded by Cr. Taylor that having found 92% of the expense of construction of
a sewer trunk underlying Fowler Avenue from approximately West Main Street to
Garfield is both capacity expanding and not project related as defined pursuant to Chapter
3.24 of the Bozeman Municipal Code I move to add this improvement to the FY11
Wastewater Capital Improvements Program list and provide for its funding in the amount
of $224,616.
2:40:21 Vote on the Motion that having found 92% of the expense of construction of a
sewer trunk underlying Fowler Avenue from approximately West Main Street to Garfield
is both capacity expanding and not project related as defined pursuant to Chapter 3.24 of
the Bozeman Municipal Code I move to add this improvement to the FY11 Wastewater
Capital Improvements Program list and provide for its funding in the amount of $224,616.
Those voting Aye being Crs. Mehl, Taylor, Andrus, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
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2:40:33 6. Mitchell Development Impact Fee Credit Request No. IFCR-0601
(Saunders)
2:40:40 Mr. Saunders
Mr. Saunders gave the Staff presentation regarding the Mitchell Development Impact Fee Credit
Request No. IFCR-0601.
2:43:42 Applicant Representative
The Attorney for the Mitchell Development stated that they are in favor of the Staff's
recommendations.
2:44:15 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:44:19 Motion to that having previously adopted motions which determined the
applicant's request for impact fee credits to be consistent with the criteria for approval in
Chapter 3.24 of the Bozeman Municipal Code, I move to approve the requested impact fee
credits in the amounts of $224,615.61 from the wastewater impact fee fund and $384,579.39
from the transportation impact fee fund subject to the conditions as recommended by staff
in the action plan.
It was moved by Cr. Taylor, seconded by Cr. Andrus that having previously adopted
motions which determined the applicant's request for impact fee credits to be consistent
with the criteria for approval in Chapter 3.24 of the Bozeman Municipal Code, I move to
approve the requested impact fee credits in the amounts of $224,615.61 from the
wastewater impact fee fund and $384,579.39 from the transportation impact fee fund
subject to the conditions as recommended by staff in the action plan.
2:45:16 Discussion
2:46:43 Vote on the Motion that having previously adopted motions which determined the
applicant's request for impact fee credits to be consistent with the criteria for approval in
Chapter 3.24 of the Bozeman Municipal Code, I move to approve the requested impact fee
credits in the amounts of $224,615.61 from the wastewater impact fee fund and $384,579.39
from the transportation impact fee fund subject to the conditions as recommended by staff
in the action plan.
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Those voting Aye being Crs. Taylor, Andrus, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:47:02 7. Cr. Becker’s Consideration of Tie Vote regarding Ordinance No. 1798,
General Revisions to Chapter 12.32 of the Bozeman Municipal Code, Parades and Public
Assemblies, providing for revisions to the Regulations and Approval of Parades and Public
Assemblies from the March 7, 2011 meeting (Ulmen)
Mayor Krauss explained that Cr. Becker will consider the following motion from March 7, 2011
that ended in a tie vote regarding Ordinance No. 1798 as follows: It was moved by Cr. Taylor,
seconded by Cr. Andrus to direct staff to come back to the Commission (for their consideration
at that time) with a schedule of costs and fees based upon actual costs to the City of whatever
events are permitted.” The motion tied 2-2 with Cr. Mehl and Mayor Krauss opposed.
2:48:02 Cr. Becker
Cr. Becker provided his perspective on this item. He has had time to review materials and has
had some discussions with staff. He votes NO on the motion and it therefore fails.
2:54:34 K. FYI/Discussion
2:54:42 1. Cr. Andrus will attend the Victim Witness Meeting
2:55:10 2. Municipal Officials Handbook
Ms. Ulmen will be obtaining copies of the Municipal Officials Handbook for each
Commissioner.
2:56:17 3. Budget Presentations
2:56:41 4. Streamline Meeting Schedule
Cr. Taylor said that he cannot attend the next meeting but that his last conflict is April 26th. Cr.
Mehl will attend. Cr. Becker can do it if Cr. Mehl can't attend.
2:57:39 5. Thursday Grand Opening at Mystery Ranch/Detention Center
2:58:47 6. Bozeman Montana Census
2:59:36 7. 11 p.m. Thursday-Ribbon cutting for Detention Center and 3:30 Swearing- in
Ceremony for Police Officers Reminder
3:00:37 L. Adjournment
Mayor Krauss adjourned the meeting at 9:29 p.m.
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____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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