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HomeMy WebLinkAbout7-25-11_RM_(su)[1] Page 1 of 11 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 25, 2011 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, July 25, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, Assistant City Manager Chuck Winn, Assistant City Attorney Tim Cooper and City Clerk Stacy Ulmen. * * Please refer to the audio recording of this meeting for additional detail. 0:12:37 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6 p.m. 0:12:39 B. Pledge of Allegiance and a Moment of Silence 0:13:27 C. Changes to the Agenda Mayor Krauss asked Assistant City Manager Chuck Winn if there were any changes to the agenda. Mr. Winn stated that the Commission had expressed interest in pulling Consent Item 7. Approval of the City Tree Master Plan as submitted by the Tree Advisory Board and moving it to an action item. 0:13:45 D. Minutes – June 6, 2011 0:13:50 Motion and Vote to approve the minutes from June 6, 2011. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the minutes from June 6, 2011. Those voting Aye being Crs. Mehl, Andrus, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. Minutes from the Bozeman City Commission Meeting on July 25, 2011 Page 2 of 11 0:14:02 E. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize Mayor to sign a Tourism Infrastructure Investment Program (TIIP) grant Letter of Support on behalf of the City Commission, approve the Memorandum of Agreement between the City and Bozeman Sculpture Park (BSP) and authorize submittal of the TIIP Grant Application on behalf of the BSP (Fontenot) 3. Authorize City Manager to sign Amendment No. 2 to the Professional Services Agreement with HDR Engineering for the Hyalite/Sourdough Water Treatment Plant Replacement Project (Murray) 4. Approve Letter of Support from Commission for the Gallatin Mental Health Facility and Drop-In-Center (Deputy Mayor Becker) 5. Approve a One Year Extension on Final Site Plan Application No. Z-07005, Woodhaven Village Planned Unit Development (Riley) 6. Approve Resolution No. 4326, Authorizing City Manager to sign Change Order No. 1 for the Hyalite/Sourdough Water Treatment Plant Membrane Equipment Procurement Project (Murray) 7. Approve the City Tree Master Plan as submitted by the Tree Advisory Board (Van Delinder) 8. Approve the Building Inspection Division Quarterly Report for the period ending June 30, 2011 (Risk) 9. Finally adopt Ordinance No. 1812, amending multiple sections of Chapter 18.58, Floodplain Regulations and Chapter 18.80, Definitions within the Bozeman Municipal Code, Unified Development Ordinance (Heaston) 0:14:11 Public Comment Mayor Krauss opened public comment on the Consent Items. No person commented. Mayor Krauss closed public comment. 0:14:23 Motion and Vote to approve to approve Consent Items 1-6 and 8 and 9 as submitted. It was moved by Cr. Andrus, seconded by Cr. Taylor to approve Consent Items 1-6 and 8 and 9 as submitted. Those voting Aye being Crs. Andrus, Taylor, Becker, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. Minutes from the Bozeman City Commission Meeting on July 25, 2011 Page 3 of 11 0:14:44 F. Public Comment Mayor Krauss opened general public comment. 0:15:24 Gary Gullikson, Public Comment Mr. Gullikson stated that he is representing The Montana Council of International Visitors. He then introduced a group from Iraq and Vermont. Each of the visitors introduced themselves. 0:20:31 Curt Toft, Public Comment Mr. Toft of 409 Slough Creek Drive stated that he is commenting on Action Item 3. Spring Creek. He is on the Board of the Cottonwood Condo Homeowners and commenting on most of the member's behalves. He is concerned of the proposed zoning. 0:24:51 Dennis Cartwright, Public Comment Mr. Cartwright of 332 Stillwater Creek Drive stated that he is concerned about traffic related to the Spring Creek application. He wants to make sure that one area remains business. He would like to keep the buildings at a 2 story size. Lighting is also a concern. 0:27:14 Brian Stoppel, Public Comment Mr. Stoppel spoke regarding Action Item No. 1. Bar IX Creek Patio Conditional Use Permit and Certificate of Appropriateness with a Deviation, Application No. Z-11156. He stated that he is an owner of the Bozeman Hotel. The application in question is an enclosed area. He has a concern with noise in the patio area and with the entrance from the alley. It is a dangerous situation. There could be a lot of traffic at 2 a.m. 0:30:50 Public Comment closed Mayor Krauss closed public comment. 0:30:54 G. Action Items 0:30:55 1. Pulled from Consent: Approve the City Tree Master Plan as submitted by the Tree Advisory Board. 0:30:59 Motion to approve the City Tree Master Plan as submitted by the Tree Advisory Board. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the City Tree Master Plan as submitted by the Tree Advisory Board. 0:31:47 Discussion on the Motion The Commission and staff discussed how the Master Plan was developed. Discussion took place regarding regulations for storm water systems. John VanDelinder the City Street and Forestry Superintendent spoke regarding the tie between trees and storm water. Discussion took place regarding picking up leaves and consistency in neighborhoods regarding size and age of trees. Minutes from the Bozeman City Commission Meeting on July 25, 2011 Page 4 of 11 Discussion took place regarding tree replacement on Willson Avenue along with the possible increase of the amount of trees. Discussion took place regarding tree vouchers. 0:44:53 Mayor Krauss handed the Gavel to Deputy Mayor Becker. 0:45:05 Public Comment Deputy Mayor Becker opened public comment. No person commented. Deputy Mayor Becker closed public comment. 0:45:14 Amendment to the Main Motion to remove number 14. It was moved by Cr. Pro Tem Krauss to remove number 14. Motion failed due to a lack of a second. 0:45:47 Amendment to the Main Motion to modify number 14 to reword as follows: "Make the planting of new trees in proximity to older trees a priority to fill suitable planting locations as they become available.” It was moved by Cr. Mehl seconded by Cr. Andrus to modify number 14 to reword as follows: "Make the planting of new trees in proximity to older trees a priority to fill suitable planting locations as they become available.” 0:46:06 Commission Discussion on the Motion Cr. Mehl explained his intent of the Motion. 0:46:20 Vote on the Amendment to the Main Motion to modify number 14 to reword as follows: "Make the planting of new trees in proximity to older trees a priority to fill suitable planting locations as they become available.” Those voting Aye being Crs. Mehl, Andrus, Taylor and Deputy Mayor Becker. Those voting No being Cr. Pro Tem Krauss. The motion passed 4-1. 0:46:49 Amendment to the Main Motion to develop programs that encourage private citizens and private citizen groups to plant trees in public spaces. It was moved by Cr. Pro Tem Krauss, seconded by Cr. Mehl to add a number 17 to develop programs that encourage private citizens and private citizen groups to plant trees in public spaces. 0:47:08 Commission Discussion on the Motion Minutes from the Bozeman City Commission Meeting on July 25, 2011 Page 5 of 11 0:48:02 Vote on the Amendment to the Main Motion to develop programs that encourage private citizens and private citizen groups to plant trees in public spaces. Those voting Aye being Cr. Pro Tem Krauss, Crs. Mehl, Andrus, Taylor and Deputy Mayor Becker. Those voting No being none. The motion passed 5-0. 0:48:28 Vote on the Main Motion as amended to approve the City Tree Master Plan as submitted by the Tree Advisory Board. Those voting Aye being Crs. Mehl, Andrus, Taylor, Deputy Mayor Becker. Those voting No being Mayor Krauss. The motion passed 4-1. 0:48:51 1. Bar IX Creek Patio Conditional Use Permit and Certificate of Appropriateness with a Deviation, Application No. Z-11156 (Bristor) 0:49:12 Allyson Bristor, Associate Planner and Neighborhood Coordinator Ms. Bristor gave the Staff presentation regarding the Bar IX Creek Patio Conditional Use Permit and Certificate of Appropriateness with a Deviation, Application No. Z-11156. 0:55:13 Commission Questions for Staff Discussion took place regarding amplified noise, the current patio and that fact that it is not up to code, un-met codes in the building, noise complaints, notification of adjoining property owners, the outdoor smoker, the water course and the setback, pedestrian traffic out the back door, the previous application and future uses. 1:15:04 Applicant Presentation Lowell Springer stated that he is the applicant's representative and gave the presentation for the applicant. 1:38:49 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 1:39:01 Motion that having reviewed the application, considered public comment and the information presented, I hereby move to approve Conditional Use Permit and Certificate of Appropriateness with a Deviation application Z-11156 requesting after-the-fact approval of an installed concrete patio/seating area within the required Bozeman Creek watercourse Minutes from the Bozeman City Commission Meeting on July 25, 2011 Page 6 of 11 setback and expansion of the sales of alcohol for on-premise consumption within this seating area at 307-311 East Main Street, hereby adopting by reference findings in the staff report with conditions and subject to all applicable code provisions as amended. It was moved by Cr. Taylor, seconded by Cr. Becker that having reviewed the application, considered public comment and the information presented, I hereby move to approve Conditional Use Permit and Certificate of Appropriateness with a Deviation application Z- 11156 requesting after-the-fact approval of an installed concrete patio/seating area within the required Bozeman Creek watercourse setback and expansion of the sales of alcohol for on-premise consumption within this seating area at 307-311 East Main Street, hereby adopting by reference findings in the staff report with conditions and subject to all applicable code provisions as amended. 1:39:50 Discussion on the Motion 1:40:17 Amendment to the Main Motion to amend Condition 6 (on page 4 of the report) and take out the first word "No". It was moved by Cr. Taylor, seconded by Cr. Becker to amend Condition 6 (on page 4 of the report) and take out the first word "No". Those voting Aye being Crs. Taylor, Becker, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 1:41:16 Amendment to the Main Motion to amend condition of approval number 1 to add east, west, SOUTH and north. It was moved by Cr. Taylor, seconded by Cr. Andrus to amend condition of approval number 1 to add east, west, SOUTH and north. This amendment was later amended and restated. 1:41:44 Discussion on the Amendment The Commission discussed the noise levels from the bar in the front and the back, amplified music on the patio and management of conditional use permits. 1:47:21 Amendment the amendment to delete "immediate to the concrete patio area east west and north" within Condition No. 1. It was moved by Cr. Taylor, seconded by Cr. Andrus to delete "immediate to the concrete patio area east west and north" within Condition No. 1. Minutes from the Bozeman City Commission Meeting on July 25, 2011 Page 7 of 11 1:48:22 Commission discussion The Commission discussed the amount of bars downtown, previous noise complaints, conditions on conditional use permits, setting hours for the music, the reasonable person standard, noise downtown and direction of noise. 2:03:09 Vote on the Amendment to delete "immediate to the concrete patio area east west and north" within Condition No. 1. Those voting Aye being Crs. Taylor, Andrus and Mayor Krauss. Those voting No being Crs. Becker and Mehl The motion passed 3-2. 2:05:06 Discussion on the Main Motion The Commission discussed the Board of Adjustment, building alongside the creek and storm water treatment. 2:06:53 Vote on the Main Motion as amended to that having reviewed the application, considered public comment and the information presented, I hereby move to approve Conditional Use Permit and Certificate of Appropriateness with a Deviation application Z- 11156 requesting after-the-fact approval of an installed concrete patio/seating area within the required Bozeman Creek watercourse setback and expansion of the sales of alcohol for on-premise consumption within this seating area at 307-311 East Main Street, hereby adopting by reference findings in the staff report with conditions and subject to all applicable code provisions as amended. Those voting Aye being Crs. Taylor, Becker, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:07:53 Break Mayor Krauss declared a break. 2:23:51 Meeting called back to order Mayor Krauss called the meeting back to order. 2:23:56 2. Resolution No. 4329, establishing a 20% increase to Street Maintenance District Assessments for Fiscal Year 2012 (Clark) 2:23:57 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation regarding Resolution No. 4329, establishing a 20% increase to Street Maintenance District Assessments for Fiscal Year 2012. Minutes from the Bozeman City Commission Meeting on July 25, 2011 Page 8 of 11 2:29:31Commission Questions for Staff The Commission and Staff discussed curbs and reconstruction and the recent meeting with the South 8th Neighborhood. 2:31:43 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 2:32:00 Commission Discussion The Commission discussed the options that staff presented. They spoke regarding South 8th, deferred projects and the dollar amount within the options. 2:47:30 Motion to Approve Resolution No. 4329, establishing a 18% increase to Street Maintenance District Assessments for Fiscal Year 2012 including 10% for operations including the debt service for South 8th and 2% in our reserve for curbs and a 6% increase to establish a reconstruction reserve. It was moved by Cr. Becker, seconded by Cr. Mehl to Approve Resolution No. 4329, establishing a 18% increase to Street Maintenance District Assessments for Fiscal Year 2012 including 10% for operations including the debt service for South 8th and 2% in our reserve for curbs and a 6% increase to establish a reconstruction reserve. 2:48:04 Commission discussion on the Motion 2:50:05 Vote on the Main Motion to Approve Resolution No. 4329, establishing a 18% increase to Street Maintenance District Assessments for Fiscal Year 2012 including 10% for operations including the debt service for South 8th and 2% in our reserve for curbs and a 6% increase to establish a reconstruction reserve. Those voting Aye being Crs. Becker, Mehl, Andrus, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:50:18 3. Spring Creek Village Major Subdivision Lot 4, Subdivision Pre-Application and Planned Unit Development Concept Plan Review, Application No.'s P-11002 and Z- 11109 (Skelton) 2:50:50 Doug Riley, Associate Planner Mr. Riley gave the staff presentation regarding Spring Creek Village Major Subdivision Lot 4, Subdivision Pre-Application and Planned Unit Development Concept Plan Review, Application No.'s P-11002 and Z-11109. Minutes from the Bozeman City Commission Meeting on July 25, 2011 Page 9 of 11 3:19:22 Mike Delaney, Applicant Mr. Delaney gave the Applicant's presentation. 3:31:49 Commission Discussion on the proposal The Commission and Applicant discussed the proposal including a north-south connectivity for pedestrians and bicyclists, density and sprawl, variety, roundabouts, the 50ft setback, utility planning, signage on buildings, the encroachment to Huffine, parking and landscaping and traffic connectivity onto Huffine. 4:01:43 Public comment Mayor Krauss opened public comment. 4:01:58 Dennis Cartright, Public Comment Mr. Cartright of 232 Stillwater Creek Drive stated that he likes this proposal to a point. His concern are the traffic patterns. 4:04:02 Bill Fiedler, Public Comment Mr. Fiedler of 244 Cottonwood stated that a project like this would be wonderful. The only issue is traffic. 4:04:52 Public Comment closed Mayor Krauss closed public comment. 4:04:57 Item Closed Mayor Krauss closed the item. 4:05:00 Rules Suspended Mayor Krauss suspended the Rules. 4:05:25 4. Hyalite/Sourdough Water Treatment Plant Replacement Project Notice of Award (Murray) 4:05:44 Bob Murray, City Engineering Mr. Murray gave the staff presentation regarding the Hyalite/Sourdough Water Treatment Plant Replacement Project Notice of Award. 4:12:17 Questions for Staff The Commission and Staff spoke regarding schedule B, contingencies, and the appeal and safety violations. 4:20:42 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. Minutes from the Bozeman City Commission Meeting on July 25, 2011 Page 10 of 11 4:20:56 Rules suspended 4:21:13 Continued Staff and Commission Discussion Discussion continued regarding the bids and the information required by the bidders, Commissioners on a review committee and incomplete paperwork. 4:31:00 Rules Suspended Mayor Krauss suspended the rules to 10:45 p.m. 4:31:04 Motion to authorize the City Manager to sign a notice of award to Apollo, Inc for bid items A1 and A2 for the Hyalite/Sourdough Water Treatment Plant replacement project in the amount of $26,879,130.00 contingent upon SRF Program approval. It was moved by Cr. Mehl, seconded by Cr. Andrus to authorize the City Manager to sign a notice of award to Apollo, Inc for bid items A1 and A2 for the Hyalite/Sourdough Water Treatment Plant replacement project in the amount of $26,879,130.00 contingent upon SRF Program approval. 4:31:47 Commission Discussion The Commission discussed the continued steps after the bid is awarded, a buy local ordinance and fiduciary responsibility. 4:39:25 Vote on the Motion to authorize the City Manager to sign a notice of award to Apollo, Inc for bid items A1 and A2 for the Hyalite/Sourdough Water Treatment Plant replacement project in the amount of $26,879,130.00 contingent upon SRF Program approval. Those voting Aye being Crs. Mehl, Andrus, Taylor and Becker. Those voting No being Mayor Krauss. The motion passed 4-1. Action Items 5, 6 and 7 will be moved to the next agenda. 4:39:42 H. FYI/Discussion 4:39:51 1. College and 11th Roundabout Public Works Director Debbie Arkell reported that the College and 11th Roundabout is scheduled to be opened on April 15th. 4:41:00 2. Kagy to Highland Chip Seal Ms. Arkell stated that a Chip seal project on Kagy to Highland will beginning this coming Wednesday. Minutes from the Bozeman City Commission Meeting on July 25, 2011 Page 11 of 11 4:41:39 3. Intergrated Water Resource Plan Crs. Mehl and Andrus will be the Commission representatives on a Committee for the Intergrate Water Resource Plan. 4:43:34 4. PBS taping Mayor Krauss reported that PBS will be filming in Bozeman this week. 4:44:36 I. Adjournment Mayor Krauss adjourned the meeting at 10:38 p.m. ____________________________________ Jeff Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________.