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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 6, 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, June 6, 2011. Present were Mayor Jeff Krauss, 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.
0:37:30 A. Call to Order – 5 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Krauss called the meeting to order at 5:04 p.m.
0:37:32 B. Pledge of Allegiance and a Moment of Silence
0:38:10 Welcome
Mayor Krauss welcomed everyone to the meeting.
0:38:20 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.
0:38:25 D. Authorize Absence of Commissioner Andrus
0:38:30 Motion and Vote to authorize the absence of Cr. Andrus.
It was moved by Cr. Taylor, seconded by Cr. Mehl to authorize the absence of Cr. Andrus.
Those voting Aye being Crs. Taylor, Mehl, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
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Minutes of the Bozeman City Commission Meeting, June 6, 2011
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0:38:52 F. Public Service Announcement – Flooding Update (Shrauger)
Fire Chief Jason Shrauger gave a power point presentation regarding the potential City flooding.
0:42:02 G. Minutes – April 11, 2011 and May 9, 2011
0:42:07 Motion and Vote to approve the minutes from April 11, 2011 and May 9, 2011.
It was moved by Cr. Mehl, seconded by Cr. Becker to approve the minutes from April 11,
2011 and May 9, 2011.
Those voting Aye being Crs. Mehl, Becker, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:42:24 I. Public Comment
Mayor Krauss opened general public comment.
No person spoke.
Mayor Krauss closed public comment.
0:43:26 E. Special Presentation - City Manager’s Fiscal Year 2011 -2012 Recommended
Budget
City Manager Chris Kukulski began the staff presentation regarding the City Manager's Fiscal
Year 2011-2012 Recommended Budget. Final adoption will take place in late August.
0:49:34 Capital Projects
Discussion took place regarding what the capital project money is being spent on.
0:52:03 Significant Issues
Finance Director Anna Rosenberry spoke regarding the significant issues related to putting the
budget together this year including the local construction market, the Fire staffing grant, the
legislative session, vacancies in the Police Department; stimulus funding that is no longer
available and staffing levels.
0:59:02 Revenue and Expenditure Estimates
Ms. Rosenberry that the City anticipates $59.4 million in revenues will be received and $73.5
million is anticipated for expenses. The expenses are related to money that has been saved for
projects over the years that are now ready to move ahead and begin construction. She spoke
regarding the top projects.
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Minutes of the Bozeman City Commission Meeting, June 6, 2011
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1:03:44 Staffing Levels
Ms. Rosenberry spoke regarding reductions in FTEs.
1:04:08 General Fund
Ms. Rosenberry spoke regarding the General Fund. Discussion took place regarding vacancy
savings, police and fire levies, the reserve requirement, future judgments, costs within the
general fund, public safety obligations, the Department of Revenue appeals on property taxes,
the reduction of the state entitlement, economic development efforts, repairs to the Bogert pool,
funding of Police Officer positions, the largest Capital projects.
1:23:38 Street Maintenance
Ms. Rosenberry spoke regarding the proposed increase to the Street Maintenance District.
1:25:38 Forestry
Ms. Rosenberry stated that there is not an increase in the assessment for forestry proposed this
year.
1:27:23 Options for Water and Sewer Increases
Ms. Rosenberry spoke regarding options for Water and Sewer Rate increases. She spoke
regarding deferred maintenance.
1:35:13 Solid Waste
Ms. Rosenberry stated that the recommendation is to not increase the rates for solid waste at this
time as a rate study is in the process. She spoke regarding the Superintendent vacancy.
1:36:31 Tax Levy
Ms. Rosenberry spoke regarding tax levies for the City and where the City has saved Tax payers
money. She spoke regarding the Police and Fire levies and median and average figures.
Discussion took place regarding vacancy savings totals and health insurance.
1:46:53 Outside Requests
Ms. Rosenberry spoke regarding outside organizations who have asked for funding support from
the City.
1:48:11 Looking Ahead
Ms. Rosenberry spoke regarding opening the Water Plant bids, future work sessions and
schedules. Discussion took place regarding the Cemetery increases, Economic Development
efforts and investment in the core area.
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1:53:20 Break
Mayor Krauss declared a break.
2:09:23 Meeting called Back to order
Mayor Krauss called the meeting to back to order. Mayor Krauss stated Action Item 4 will be the
first item addressed on the Action list.
2:10:24 H. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign Amendment to Professional Services Agreement with
Tetra Tech for Landfill Gas Extraction System Optimization and Environmental
Monitoring (Johnson)
3. Authorize City Manager to sign Award of bid to Walker Construction Inc., for remodel
and renovation of the City Shop Complex at 814 North Bozeman Avenue in the amount
of $254,950.00 (Goehrung)
4. Authorize City Manager to sign a one-year contract extension for janitorial services for
city owned buildings to Dust Bunnies Cleaning Services and Montana Building
Maintenance (Goehrung)
5. Approve Payment of $12,449.84 for the Buttrey's Solvent Site Cost Recovery (Cooper)
6. Approve Signing and Striping plan for Bike Lane designation on Peach Street from North
7th Ave. to Rouse Ave. (Kerr)
7. Approve South University District Annexation No. A-09002, with the fourteen
recommended terms of annexation on pages 2-4 of the staff report and direct staff to
prepare an annexation agreement (Krueger)
8. Approve Festival of the Fourth Proclamation and encourage Citizens to assist the City to
compete for a $10,000 Grant from Liberty Mutual to help Fund the Festival (Kissel)
9. Provisionally Adopt Ordinance No. 1810, authorizing City Manager to enter into a 3-year
ground lease with Donald Dodge for lease of the Lyman Water Treatment Plant property
for the purpose of farming (Arkell)
10. Finally Adopt Ordinance No. 1807, Amending the Commission Rules of Procedure
(Sullivan)
2:10:40 Public Comment
Mayor Krauss opened public comment on the Consent Agenda.
No person commented.
Mayor Krauss closed public comment on the Consent Agenda.
2:11:06 Motion and Vote to approve the Consent Items H-10.
It was moved by Cr. Becker, Seconded by Cr. Taylor to approve the Consent Items H-10.
Those voting Aye being Crs. Becker, Taylor, Mehl and Mayor Krauss.
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Those voting No being none.
The motion passed 4-0.
2:11:47 I. Public Comment
Mayor Krauss opened general public comment.
2:12:06 Constance Stratts, Public Comment
Ms. Stratts of 500 Conquered Drive spoke regarding a sexual offender that moved next to the
playground of her business. The man sits and looks at the children. She has concerns of dealing
with this over the summer. She feels that the City needs an Ordinance preventing these people
from living near schools. She also requests some kind of notification be considered. The
Montana Privacy Laws need to be examined.
2:21:20 Glen W. Brookheart, Public Comment
Mr. Brookheart stated that he lives on the corner of Garfield and spoke regarding a dangerous
tree in his neighbor’s property. He would like to see the Commission implement a policy to look
at protecting the citizenry in respect to life and safety.
2:25:08 Tim O'Brien, Public Comment
Mr. O'Brien stated that he has children that attend a Monastery school. Child safety should be a
priority. Repeat offense rates of sexual offenders are high. Parents are thinking about relocating
their kids from the school where the sexual offender lives near. The City should ask the Landlord
to move the Tenant.
2:27:00 Angela Brooks, Public Comment
Ms. Brooks stated that she has a child that attends the monastery school. Ms. Constance has been
a blessing to her daughter. This man frightens her. She does not feel safe at where he is at.
2:27:54 Darin Long, Public Comment
Mr. Long of 107 South 10th stated that as a City we need to support our local businesses. He
encourages a leadership role on this.
2:28:55 Public Comment Closed
Mayor Krauss closed public comment.
2:29:09 Mayor Krauss
Mayor Krauss spoke to the public comment received on the sex offender and the suggestions
made by the speakers.
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2:34:31 J. Action Items
2:35:05 4. Establish intent to sell 0.05 acre tract of land from the city's Lower Yards
property to NorthWestern Energy (Heaston)
2:35:31 Brian Heaston, Project Engineer
Mr. Heaston gave the staff presentation regarding establishing the intent to sell 0.05 acre tract of
land from the city's Lower Yards property to NorthWestern Energy.
2:38:06 Dale Shultz, Applicant
Mr. Shultz gave the applicant's presentation and showed what the “Pig Launcher” will look like
that will be installed on the property. Special assessments on small sections need to take place.
He spoke regarding safety.
2:41:57 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:42:12 Motion and Vote that having considered the information presented by Staff, I move
that the Commission finds the NorthWestern Energy pipeline expansion is consistent with
furthering the public interest, and that the subject 0.05 acre area, along with the area
proposed to be encumbered by an access easement, as shown on the attached preliminary
certificate of survey, is unnecessary for the conduct of city business.
It was moved by Cr. Taylor, seconded Cr. Mehl that having considered the information
presented by Staff, I move that the Commission finds the NorthWestern Energy pipeline
expansion is consistent with furthering the public interest, and that the subject 0.05 acre
area, along with the area proposed to be encumbered by an access easement, as shown on
the attached preliminary certificate of survey, is unnecessary for the conduct of city
business.
Those voting Aye being Crs. Taylor, Mehl, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
2:42:54 Motion and Vote that having found that the subject 0.05 acre area, and the area
proposed to be encumbered by an access easement of the city's lower yards property, as
shown on the attached preliminary certificate of survey, is unnecessary for the conduct of
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city business, I move staff be directed to complete the steps necessary to negotiate a sale
and transfer of the property and easement to NorthWestern Energy for the purpose of
expanding and upgrading their existing gas transmission facilities and return to the
Commission an ordinance authorizing the City Manager to execute a Purchase and Sale
Agreement for same.
It was moved by Cr. Taylor, seconded Cr. Mehl that having found that the subject 0.05
acre area, and the area proposed to be encumbered by an access easement of the city's
lower yards property, as shown on the attached preliminary certificate of survey, is
unnecessary for the conduct of city business, I move staff be directed to complete the steps
necessary to negotiate a sale and transfer of the property and easement to NorthWestern
Energy for the purpose of expanding and upgrading their existing gas transmission
facilities and return to the Commission an ordinance authorizing the City Manager to
execute a Purchase and Sale Agreement for same.
Those voting Aye being Crs. Taylor, Mehl, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
2:43:44 1. Fellowship Baptist Church Conditional Use Permit with Variances,
Application No. Z-11069 (Opened, Heard and Continued on May 23, 2011) (Skelton)
2:44:03 Dave Skelton, Sr. Planner
Mr. Skelton gave the Staff report regarding the Fellowship Baptist Church Conditional Use
Permit with Variances, Application No. Z-11069.
2:50:13 Van Bryant, Applicant Representative
Mr. Bryant stated that they are happy with the outcome and the conditions.
2:51:01 Public Comment
Mayor Krauss opened public comment.
2:51:07 Steve VanWinkle, Public Comment
Mr. VanWinkle stated that he is the Pastor of the Church and spoke in support of the staff and
the Commission.
2:52:04 Public Comment closed
Mayor Krauss closed public comment.
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2:52:33 Motion and Vote to withdraw the motion from May 23, 2011 that was moved by Cr.
Becker, seconded by Cr. Taylor that having reviewed the application materials, considered
public comment, and considered all of the information presented, including all of the
conditions of granting a variance, I hereby adopt the findings presented in the staff report
for Z-11069 and move to approve the requested variance to Section 18.44.010A
"Relationship to Undeveloped Areas" and 18.44.010.B "Relationship to Developed Areas"
to not construct North 25th Avenue and provide for the continuation of streets.
It was moved by Cr. Becker, seconded by Cr. Taylor to withdraw the motion from May 23,
2011 that was moved by Cr. Becker, seconded by Cr. Taylor that having reviewed the
application materials, considered public comment, and considered all of the information
presented, including all of the conditions of granting a variance, I hereby adopt the
findings presented in the staff report for Z-11069 and move to approve the requested
variance to Section 18.44.010A "Relationship to Undeveloped Areas" and 18.44.010.B
"Relationship to Developed Areas" to not construct North 25th Avenue and provide for the
continuation of streets.
Those voting Aye being Crs. Becker, Taylor, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
2:52:46 Motion that having reviewed the application materials, considered public comment,
and considered all of the information presented, I hereby adopt the findings presented in
the staff report for Z-11069 and move to approve Conditional Use Permit application Z-
11069 to construct a 53,587 church and site related improvements, hereby incorporating by
reference the findings included in the staff report with conditions as amended by staff, and
subject to all applicable code provisions, and further confirm that the previous variance
requests to the Bozeman Municipal Code are no longer required, in lieu of accepting the
applicant's withdrawal of the requested variances.
It was moved by Cr. Mehl, seconded by Cr. Becker that having reviewed the application
materials, considered public comment, and considered all of the information presented, I
hereby adopt the findings presented in the staff report for Z-11069 and move to approve
Conditional Use Permit application Z-11069 to construct a 53,587 church and site related
improvements, hereby incorporating by reference the findings included in the staff report
with conditions as amended by staff, and subject to all applicable code provisions, and
further confirm that the previous variance requests to the Bozeman Municipal Code are no
longer required, in lieu of accepting the applicant's withdrawal of the requested variances.
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2:53:41 Discussion on the Motion
Mayor Krauss spoke regarding phasing in the City's portion of the road. Staff was commended.
2:53:57 Vote on the Motion that having reviewed the application materials, considered
public comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for Z-11069 and move to approve Conditional Use
Permit application Z-11069 to construct a 53,587 church and site related improvements,
hereby incorporating by reference the findings included in the staff report with conditions
as amended by staff, and subject to all applicable code provisions, and further confirm that
the previous variance requests to the Bozeman Municipal Code are no longer required, in
lieu of accepting the applicant's withdrawal of the requested variances.
Those voting Aye being Crs. Mehl, Becker, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
2:54:22 2. Spring Creek Village Resort Lot 4 Zone Map Amendment No. Z-11002
(Saunders)
2:54:43Chris Saunders, Assistant Planning Director
Mr. Saunders gave the staff presentation regarding Spring Creek Village Resort Lot 4 Zone Map
Amendment No. Z-11002.
2:59:03 Commission questions for Staff
The Commission spoke regarding the B-2 zoning.
3:00:17 Brian Gallik, Applicant Representative
Mr. Gallik stated that he is an attorney with Goetz Law firm and is the applicant representative.
He asked that the project be tabled until after July 25th until the project concept Planned Unit
Development is reviewed.
3:05:02 Questions for the Applicant
The Commission asked questions regarding withdrawing the zoning request, the B-2 zoning and
moving the item after the 25th.
3:09:56 Ilena Inderland, Applicant
Ms. Inderland stated that they have owned the property for 20 years. They want the Commission
to see the entire picture. They are trying to work with Staff whom has been helpful. They want to
work on the laundry list of relaxations.
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3:13:31 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
3:13:52 Commission discussion
Discussion took place regarding being contacted regarding this application and continuing the
project over and over.
3:20:47 Motion to continue to a date approximate to July 25th , to allow Delaney and
Company to proceed with PUD and Subdivision proposal; and present to the Commission
prior to the ZMA Hearing No. Z-11002 as amended.
It was moved by Cr. Becker, seconded by Cr. Taylor to continue to a date approximate to
July 25th , to allow Delaney and Company to proceed with PUD and Subdivision proposal;
and present to the Commission prior to the ZMA Hearing No. Z-11002 as amended.
3:21:25 Discussion on the motion
The Commission emphasized the date approximate in the motion. Also discussed was the re-
advertising of the application and the signature on a waiver of timeliness of the applicant.
3:27:04 Amendment to the Main Motion and Vote to include in the motion full re-noticing
of the ZMA once the date has been set.
It was moved by Cr. Becker, Seconded by Cr. Taylor to include in the motion full re-
noticing of the ZMA once the date has been set.
Those voting Aye being Crs. Becker, Taylor, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
3:27:45 Continued Commission discussion on the Main Motion.
Mayor Krauss spoke regarding the longevity of ownership of the property and noted that there
are differences in B-2 zoning and the need to disclose communication. He also emphasized the
need to involve the neighborhood.
3:31:47 Vote on the Main Motion as Amended to continue to a date approximate to July
25th , to allow Delaney and Company to proceed with PUD and Subdivision proposal; and
present to the Commission prior to the ZMA Hearing No. Z-11002 as amended.
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Those voting Aye being Crs. Becker, Taylor, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
3:33:28 3. South University District Zone Map Amendment No. Z-09242 (Krueger)
3:33:32 Brian Krueger, Planner
Mr. Krueger gave the staff presentation regarding the South University District Zone Map
Amendment No. Z-09242.
3:40:39 Bob Lee, Applicant Representative
Mr. Lee stated that he is with Morrison Maierle and is the Applicant's representative. They have
no issues with the Conditions of Approval.
3:42:34 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
3:42:53 Motion that based upon the analysis and findings in the Staff Report and after
consideration of public comment, I move to approve the zone map amendment, with the 3
recommended contingencies listed on Pages 2-3 of the Staff Report, and direct staff to
prepare an ordinance for the map amendment.
It was moved by Cr. Taylor seconded Cr. Mehl that based upon the analysis and findings
in the Staff Report and after consideration of public comment, I move to approve the zone
map amendment, with the 3 recommended contingencies listed on Pages 2-3 of the Staff
Report, and direct staff to prepare an ordinance for the map amendment.
3:43:15 Commission Discussion
3:47:16 Vote on the Motion that based upon the analysis and findings in the Staff Report
and after consideration of public comment, I move to approve the zone map amendment,
with the 3 recommended contingencies listed on Pages 2-3 of the Staff Report, and direct
staff to prepare an ordinance for the map amendment.
Those voting Aye being Crs. Taylor, Mehl, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
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3:47:37 K. FYI/Discussion
3:47:42 1. Power Outage
Cr. Becker wants the Monitor changed to channel 20.
3:48:17 2. Memorial Parade
Cr. Mehl stated that this was a fantastic community event. Mayor Krauss stated that every
business in the City stepped forward to help bring gold star families here to Bozeman.
3:50:18 3. Story Mill Chronicle Article
Cr. Mehl wants to know what we can do. City Attorney is in the process of looking at the area to
see if it is a nuisance. To pursue this would take some major staff time. It is a matter of priority.
Cr. Taylor wants to know if it can be in front of the Judge with a waiver. Mr. Sullivan stated that
the liability. Cr. Taylor will write a letter to the Trustee and Judge. Coverage for this? This letter
would be encouraging that "they" take part in getting it done. City Attorney and Cr. Taylor will
talk.
3:56:22 4. Tree public comment
Mr. Kukulski stated that there is a fine line in neighbor disputes. City may be able to pursue. Ms.
Arkell is looking into this
3:57:09 5. Greyhound Bus Service
Mr. Fontenot is trying to contact Rimrock to verify that they are taking over the route. Mayor
stated that we need to go to the PSE.
3:57:58L. Adjourned
Mayor Krauss adjourned the meeting at 8:30 p.m.
____________________________________
Jeff Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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