HomeMy WebLinkAbout07-25-11 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
1 5 1 i 1 1
ffffill] I A q rpnq�ip
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, 201 Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor,
Assistant City Manager Chuck Minn, 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, 201, 1.
It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the minutes from June 6,
2011.
Those voting Ale being Crs. Mehl Andrus Laylon Becker .and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
Page 1 of 11
Minutes from the Bozemon City Commission Meeting on July 25, 2011
0:14:02 E. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
1 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
BS,P (Fontenot)
3. Authorize City Manager to sign Amendment No. 2 to the Professional Services
Agreement with I-IDR Engineering for the I-1yalite/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. I 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 3O; 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)
0:1.4 :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 Ave being Crs. Andrus, Taylor, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
Page 2 of 11
Minutes from the Bozemon City Commission Meeting on July 25, 2011
0:14:44 F. Public Comment
Mayor Krauss opened general public comment.
0: :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 !S el, 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 b
a Cr. Andrus to approve the Cily 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.
Page 3 of 11
Minutes from the Bozeman City Commission Meeting on July 25, 2011
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 rill
suitable planting locations as they become available."
0 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 ,jayfor 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 L-roups to plant trees in public
spaces.
0:47:08 Commission Discussion on the Motion
Page 4 of 11
Minutes from the Bozeman City Commission Meeting on July 25, 2011
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 A Andrus, TAY
ae being Cr. Pro Tern Krauss, Crs. Mehl, -Tor and Depu!y
Manor 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 Ave being Crs. Mehl, Andrus, Taylor, De ly 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
Page 5 of 11
Minutes from the Bozeman City Commission Meeting on July 25, 2011
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 h
a 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 p
A _plication Z
11.156 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 0 'No 11 .
Those voting Aye beinp, 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 I to add
cast, west, SOUTH and north.
It was moved by Cr. Taylor, seconded by Cr. Andrus to amend condition of approval
number I to add cast, 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 cast west and north" within Condition No. Io
Page 6 of 11
Minutes from the Bozeman City Commission Meeting on July 25, 2011
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 Ave 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 2-
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 massed 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,
Page 7 of 11
Minutes from the Bozeman City Commission Meeting or) July 25, 2011
2 :29 :31 Commission 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 1.0% 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 b y 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' %a in our reserve for curbs and
a 6% increase to establish a reconstruction reserve.
Those voting Aye Mein Crs. Recker Mehl Andrus Ta for and Mayor Krauss.
Those voting No being none.
The motion passed 5 -0.
2 :50:1.8 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-
11.109 (Skelton)
2:50:50 Doug Riley, Associate Planner
Mr. Riley gave the staff presentation regarding Spring Creek Village Major Subdivision l,ot 4,
Subdivision Pre - Application and Planned Unit Development Concept Plan Review, Application
No.'s P- 11002 and Z- 11109.
Page 8 of 11
Minutes from the Bozeman City Commission Meeting on July 25, 2011
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.
4:01:5 8 Dennis Cartti]ght, Public Comment
Mr. Cartright of 232 Stillwater Creek Drive stated that he likes this proposal to a point. His
concern are the traffic patterns.
4:014:02 Bill Fiedler, Public Comment
Mr. Fiedler of 244 Cottonwood stated that a project like this would be wonderful. The only issue
is traffic.
4 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.
Page 9 of 11
Minutes from the Bozeman City Commission Meeting on July 25, 2011
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 Al and A2 for the Hyalite/Sourdough Water Treatment Plant replacement
project in the amount of 526,879,130.00 contingent upon SRF Program approval.
It was moved by Cr. Mehl, seconded by Cr. Andrus to authorize the Cill Manager to sign a
notice of award to Apollo, Inc for bid items Al and A2 for the glalite/Sourdough Wate
Treatment Plant replacement project in the amount of $26,879,130.00 contingent upon SRF
Program aDDroval.
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 Al and A2 for the Hyalite/Sourdough Water Treatment Plant
replacement project in the amount of 526,879,130.00 contingent upon SRF Program
approval.
Those voting Ave 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 sea] project on Kagy to Highland will beginning this coming
Wednesday.
Page 10 of 11
Minutes from the Bozeman City Commission Meeting on July 25, 2011
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,
0 ' ,
"5t . t me - ; - Clerk
PRE
'U D- B
I � )60c)
tact' Clea eii, CMC. City Clerk
.feff ay t.
Approved � , . +►
Page 11 of 11