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HomeMy WebLinkAbout06-06-11 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION June 6, 2011 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 K.ukL]Iski 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 votine No being none. The motion passed 4-0. Page 1 of 12 Minutes of the Bozeman City Commission Meeting, June 6, 2011 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 Ave being Crs. Mehl, Becker, Tg1lor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:42:241. 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. Page 2 of 12 Minutes of the Bozeman City Commission Meeting, June 6, 2011 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. Page 3 of 12 Minutes «f the Bozeman City Commission Meeting, June 6, 2011 1:53:20 Break Mayor Krauss declared abreak. 2:09:23 Meeting called Back 10 order Mayor Krauss called the meeting 10 back 10 order. Krauss stated Action Item 4 will bcthe first item addressed an the Action list. 2:10:24 H. Consent l. Authorize Payment of Accounts Payable Claims (LaK8eres) 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$264L95O.0O/Gnehnung\ 4. Authorize City Manager to sign a one-year contract extension forjanitorial services for city owned buildings to Dust Bunnies Cleaning Services and Montana Building Mainteoance(Goehruog) 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. no Rouse Ave. (Ken) 7. Approve South University District Annexation No. A-09002, with the fourteen recommended terms uf annexation onpages 2-4of the staff report and direct staff tu prepare an annexation agreement /Kruage6 8. Approve Festival of the Fourth Proclamation and encourage Citizens to assist the City to compete fora $18,O0O Grant from Liberty Mutual to help Fund the Festival (Kissel) 4. 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 (4rkeU) lD- Finally Adopt Ordinance No. 1807, Amending the Commission Rules of Procedure 2:l0/40 Public Comment Mayor Krauss opened public comment on the Consent Nu person commented. Mayor Krauss closed public nnozmcct on the Consent Agenda. 2:11:06 Motion and Vote Km approve the Consent Items H-10. It was moved by Cr. Bccker, Seconded by Cr. Taylor to approve the Consent Items H-10. Those voting Aye being Crs. Becker, Taylor, Mehl and Mayor Krauss. Page 4 of 12 Minutes of the Bozeman City Commission Meeting, June 6, 20.11 Those voting No being none. The motion passed 4-0. 2:11:471. Public Comment Mayor Krauss opened general public comment. 2:12:06 Constanee 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. Brooklicart stated that he lives on the comer 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. Page 5 of 12 Minutes of the Bozeman City Commission Meeting, June 6, 2011 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 casement, 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 casement, as shown on the attached preliminary certificate of survey, is unnecessary for the conduct of ci business. Those voting Ale being Crs. T#Xlor, 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 casement of the city's lower yards property, as shown on the attached preliminary certificate of survey, is unnecessary for the conduct of Page 6 of 12 Minutes of the Bozeman City Commission Meeting, June 6, 2011 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 subiect 0.05 acre area and the area proposed to be encumbered by an access easement of the city's lower yards properly, as shown on the attached preliminar- 0 s f-certiricate f u ev, is unnecessary for the conduct of ci!y business, I move staff be directed to complete the steps necessary to negotiate a sale and transfer of the properly and easement to Northwestern Energy for the purpose of expanding and upyrading their existing_gas transmission facilities and return to the Commission an ordinance authorizing the Ci!j Manager to execute a Purchase and Sale Agreement for same. Those voting Aye being Crs. Tay for 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- 1.90+69 (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 Van Winkle, 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. Page 7 of 12 Minutes of the Bozeman City Commission Meeting, June &, 2011 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 Ale 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- 1106'9 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 havine reviewed the application materials, considered gublie 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 subiect to all applicable code provisions, and further confirm that the previous variance requests to the Bozeman Municipal Code are no longer re aired in lieu of accepting the applicant's withdrawal of the re guested variances. Page 8 of 12 Minutes of the Bozeman City Commission Meeting, June 6, 2011 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 Ma or Krauss. Those voting No being none. The motion assed 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. Page 9 of 12 Minutes of the Bozeman City Commission Meeting, June 6, 2011 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 Hearine 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. Ile 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. Page 10 of 12 Minutes of the Bozeman City Commission Meeting, June 6, 2011 Those voting Aye being Crs. Becker Taylor, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4 -0. 3:33:28 1 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 Ave being Crs. Taylor, Mehl, Becker and Mayor Krauss. Those voting No being none. The motion passed 4 -0. Page 11 of 12 Minutes of the Bozeman City Commission Meeting, June 6, 2011 3 :47:37 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. 0 0 lam Jeff U ay. r �P st MC.,'� #yXIerk C 0 - ilo PREPAREd �11Y sthcy Un CMC, City Clerk Approved on C) Page 12 of 12