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HomeMy WebLinkAboutAugust 22, 2011 MinutesSo ljjj LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 22, 2011 * * * * * * * * * * * * * * * * * * * * ** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, August 22, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Sean Becker, Commissioner Chris Mehl (arriving late), Commissioner Carson Taylor (arriving late), 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. 0:00:09 A. Call to Order — 4:30 p.m. — Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 4:30 p.m. C. Executive Session 1. Litigation Strategy Mayor Krauss called for an Executive Session and closed to the public portions of this meeting pursuant to Sect. 2- 3- 203(4)(a), Montana Code Annotated, finding that the meeting involves a discussion of litigation strategy and an open meeting would have a detrimental effect on the litigation position of the City. * *A separate set of minutes have been prepared for the Executive Session. The Commission then came out of Executive Session to take the following action. 0:00:12 Update on Bozeman Solvent Site Assistant City Attorney Tim Cooper gave a brief update on the Bozeman Solvent site. 0:04:40 2. Consider approval of settlement agreement with Red Mountain In Cause No. OV- 10- 528BX, Red Mountain et al. vs. City of Bozeman (Cooper) Page 1 of 10 al Minutes of the Bozeman City Commission Meeting, August 22, 2011 0:04:49 Mr. Cooper Mr. Cooper spoke regarding the settlement agreement with Red Mountain In Cause No. OV -10- 528BX, Red Mountain et al. vs. City of Bozeman. The mediation took place on August 9th for this case. Mr. Cooper gave some background on the case. 0:06:56 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:07:09 Motion to approve the settlement agreement with Red Mountain In Cause No. OV- 10-528BX, Red Mountain et al. vs the City of Bozeman. It was moved by Cr, Andrus, seconded by Cr. Becker to approve the settlement agreement with Red Mountain In Cause No. OV- 10- 528BX, Red Mountain et al. vs the City of Bozeman. 0:07:30 Commission Discussion on the Motion 0:07:42 Vote on the Motion to approve the settlement agreement with Red Mountain In Cause No. OV- 10- 528BX, Red Mountain et al. vs the City of Bozeman. Those voting Ave being Crs. Andrus, Becker and Mayor Krauss. Those voting No being none. The motion passed 3 -0. 0:08:06 Mayor Krauss Mayor Krauss stated that Cr. Mehl will be late for the meeting this evening and Cr. Taylor had flight issues and may be late or not attending as well. 0:09:16 D. Call to Order — 5 p.m. - Work Session - 2011 Final Codification Proof and setting September 19, 2011 as the date for first reading of an Ordinance codifying the Bozeman Municipal Code (Sullivan /Ulmen) Attorney Greg Sullivan gave the staff presentation regarding the 2011 Final Codification Proof and setting September 19, 2011 as the date for first reading of an Ordinance codifying the Bozeman Municipal Code. Mr. Sullivan showed how the Billings Code was set up on line and added that Bozeman's will be similar. He spoke regarding the re- organization of the Code and the maintenance of the Code into the future. 0:27:24 Commission Questions for Staff. The Commission spoke regarding the phrase "The Department of and the possibility of eliminating it. After discussion, it was decided that by striking the phrase, it would add confusion. The intention of City Staff is to have this go live on November 3rd. Cr. Taylor spoke regarding his concerns of what is being changed. Mr. Sullivan spoke regarding the changes. Mr. Page 2 of 10 5 Minutes of the Bozeman City Commission Meeting, August 22, 2011 Mr. Sullivan stated that there have been no changes to the Citizen's substantive rights. Everything that has been stricken will be taken out when the final code is published. 0:40:47 Work session closed Mayor Krauss closed the Work session. 0:40:52 Break Mayor Krauss declared a break. 0:57:41 E. Call to Order regular meeting — 6 p.m. Mayor Krauss called the meeting to order. 0:57:45 B. Pledge of Allegiance and a Moment of Silence 0:58:35 Welcome Mayor Krauss welcomed everyone to the meeting. 0:58:54 F. Changes to the Agenda Mayor Krauss asked Assistant City Manager Chuck Winn if there were any changes to the agenda. Mr. Winn stated no. 0:59:10 Approve the absence of Cr. Mehl (Cr. Taylor arrived and Cr. Mehl ended up arriving later in the Regular meeting) 0:59:13 Motion and Vote to approve the absence of Cr. Mehl. It was moved by Cr. Andrus, seconded by Cr. Taylor to approve the absence of Cr. Mehl. Those voting Ave being Crs. Andrus, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 4 -0. 0:59:36 G. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize Mayor to sign Gallatin County Emergency Management Plan (Shrauger) —plan available online 3. Approve Resolution No. 4332, Authorizing City Manager to sign Change Order No. 2 for the Bozeman Water Reclamation Facility, Digester No. 3 and Solids Dewatering Building Project (Murray) 4. Conditionally approve the Bozeman Senior Center Dust Collector Certificate of Appropriateness Amendment Application No. Z -10056 with staff's recommended conditions and code provisions (Bristor) 5. Provisionally Adopt Ordinance No. 1815, authorizing City Manager to enter into a 1 -year ground lease with Steven Dayhuff for the lease of Water Treatment Plant Property near Mystic Heights Subdivision for the purpose of grazing (Arkell) 6. Authorize City Manager to sign an Agreement with Skyridge Subdivision Property Owners regarding the new Water Treatment Plant (Murray) Page 3 of 10 0 Minutes of the Bozeman City Commission Meeting, August 22, 2011 Authorize City Manager to sign a Public Street and Utility Easement for Fellowship Baptist Church (Murray) 0:59:43 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 1:00:08 Motion and Vote to approve Consent Items 1 -7 as listed. It was moved by Cr. Taylor, seconded by Cr. Becker to approve Consent Items 1 -7 as listed. Those voting Ave being Crs. Taylor, Becker, Andrus and Mayor Krauss. Those voting No being none. The motion passed 4 -0. 1:00:24 H. Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 1:01:07 L Mayoral Proclamation — Streamline Appreciation Day - August 29th Mayor Krauss declared August 29th as Streamline Appreciation Day. 1:03:26 J. Action Items 1:03:28 1. Request to Reclaim Authority of Woerlein Single Housing Residency / Garage Certificate of Appropriateness with a Deviation, Application No. Z -11213 (Bristor) Allyson Bristor, Associate Planner gave the staff presentation regarding the Request to Reclaim Authority of Woerlein Single Housing Residency / Garage Certificate of Appropriateness with a Deviation, Application No. Z- 11213. 1:04:40 Questions for Staff The Commission and Staff spoke regarding variances and deviations and the need for a quasi judicial decision. Discussion took place regarding the Board of Adjustment. 1:06:46 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 1:06:59 Motion and Vote that based upon the justification supplied in the staff memo, I move to reclaim jurisdiction of the Woerlein Single Housing Residency, Garage Certificate of Appropriateness with a Deviation application proposed for the property addressed as Page 4 of 10 7 Minutes of the Bozeman City Commission Meeting, August 22, 2011 515 West College Street and further move to set the Woerlein application's public hearing date to August 29, 2011. It was moved by Cr .Becker, seconded by Cr. Andrus that based upon the iustification supplied in the staff memo, I move to reclaim iurisdiction of the Woerlein Single Housing Residency, Garage Certificate of Appropriateness with a Deviation application proposed for the property addressed as 515 West College Street and further move to set the Woerlein application's public hearing date to August 29, 2011. Those voting Ave being Crs. Becker, Andrus, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4 -0. 1:07:49 2. Public Hearing and possible approval of Resolution No. 4331, establishing Tree Maintenance District Assessments for Fiscal Year 2012 (Clark /Neibauer) 1:07:59 Anna Rosenberry, Director of Finance Ms. Rosenberry gave the staff presentation regarding the Public Hearing and possible approval of Resolution No. 4331, establishing Tree Maintenance District Assessments for Fiscal Year 2012. 1:09:40 Public Comment Mayor Krauss opened public comment. No person spoke. Mayor Krauss closed public comment. 1:09:56 Motion to approve Resolution No. 4331, establishing Tree Maintenance District assessments for fiscal year 2012. It was moved by Cr. Andrus, seconded by Cr. Taylor to approve Resolution No. 4331, establishing Tree Maintenance District assessments for fiscal year 2012. 1:10:15 Commission Discussion on the Motion The Commission spoke regarding taxes and fees for infrastructure programs and tree vouchers. Mayor Krauss would like to see an additional 100 vouchers put into the program. He feels there is a need. 1:14:32 Vote on the Motion to approve Resolution No. 4331, establishing Tree Maintenance District assessments for fiscal year 2012. Those voting Ave being Crs. Andrus, Taylor, and Becker. Those voting No being Mayor Krauss. The motion passed 3 -1. 1:14:56 3. Lane Configuration on College Street from Main Street to South 19th Avenue and Intersection Control at 23rd Avenue and College Street (Murray) Page 5 of 10 Minutes of the Bozeman City Commission Meeting, August 22, 2011 1:15:01 Bob Murray, City Engineering Mr. Murray began the staff presentation regarding the Lane Configuration on College Street from Main Street to South 19th Avenue and Intersection Control at 23rd Avenue and College Street. 1:15:55 Jeff Key, RPA Engineering Mr. Key spoke regarding the project and showed a series of traffic simulations. He also spoke regarding lane configurations, traffic counts in the area and trip generations. He spoke regarding roundabouts and signals. He would like to hear the commission's view on 3 lanes vs 5 lanes and U turn capability. Mr. Key stated that College Street is one of the most important streets. He would like to know what the Commission feels is best. This was identified as a major project. 2:11:55 Public Comment Mayor Krauss opened public comment. 2:12:08 Dan Dabney, Public Comment Mr. Dabney 2555 West College stated that he owns an apartment complex on College. This place is about people not cars. Little kids cross the street and get on the school bus. He has a concern of pedestrian safety. He asked the Commission to really consider this very carefully before making a decision. 2:15:48 Public Comment closed Mayor Krauss closed public comment. 2:15:56 Commission Questions for Staff The Commission discussed counts on Garfield Street, pedestrian counts, the possible change at the intersection of Main and College, the safety of pedestrians, the Tiger Grant, speed and driver behavior. 2:28:42 Commission Discussion The Commission spoke regarding the environments of 1 lth and College, 8th and College, and the neighborhood at Willson and College, driver behavior, the impact to 8th and Willson, the concern of pedestrian safety, increases in traffic, stacking, Garfield Street, alternative routes, pedestrian activity, the new roundabout at 1 lth and College, the need to learn how the pedestrians will use the area, costs, the concern of the traffic number drop, lane configuration, the concern of a potential alternative to Main Street, pedestrian impact and bicycles and future build out in the area. The Commission asked a series of questions that they would like answered when this item comes back to them. 2:59:59 Motion to approve alternative three as presented in the document 'technical memorandum, College St. -Main to 19th roadway configuration'. It was moved by Cr. Mehl, seconded by Cr. Taylor to approve alternative three as presented in the document 'technical memorandum, College St. -Main to 19th roadway configuration'. Page 6 of 10 9 Minutes of the Bozeman City Commission Meeting, August 22, 2011 3:00:49 Commission Discussion on the Motion Mayor Krauss spoke regarding his concern of putting in another 5 lane facility. Cr. Andrus feels that 5 lanes are premature. Cr. Taylor spoke regarding the effectiveness. Cr. Mehl spoke regarding the other options. Cr. Becker spoke regarding the costs. 3:03:32 Vote on the Motion to approve alternative three as presented in the document 'technical memorandum, College St. -Main to 19th roadway configuration'. Those voting Ave being Crs. Taylor and Becker. Those voting No being Crs. Mehl, Andrus and Mayor Krauss. The motion failed 2 -3. 3:03:49 Motion to approve alternative two as presented in the document 'technical memorandum, College St. -Main to 19th roadway configuration'. It was moved by Cr. Mehl, seconded by Cr. Taylor to approve alternative two as presented in the document 'technical memorandum, College St. -Main to 19th roadway configuration'. 3:04:08 Commission Discussion on the Motion Mayor Krauss spoke regarding the single lane roundabout and that he likes the signal. Cr. Mehl spoke regarding how much faster it would be with a roundabout. 3:05:46 Vote on the Motion to approve alternative two as presented in the document 'technical memorandum, College St. -Main to 19th roadway configuration'. Those voting Ave being Crs. Mehl, Taylor, Becker and Andrus. Those voting No being Mayor Krauss. The motion passed 4 -1. 3:06:14 Commission Direction The Commission would like the following items addressed: The larger effect on traffic, pedestrians and lights, why there was such a decrease in numbers in regards to trip generations, 11th Street how the roundabout is working, the need to explore where the traffic is going on College, the traffic pattern and what is going to happen to College and Main of this occurs. 3:12:03 4. Bozeman Tourism Business Improvement District Work Plan and Budget for Fiscal Year 2012 (Jim Robbins, BTBID) 3:13:29 Jim Robbins, Vice President of the Bozeman Tourism Business Improvement District. Mr. Robbins gave the presentation regarding the Bozeman Tourism Business Improvement District Work Plan and Budget for Fiscal Year 2012. Page 7 of 10 10 Minutes of the Bozeman City Commission Meeting, August 22, 2011 3:19:14 Commission Questions The Commission spoke regarding the budget adjustments, the strategy plan, accomplishments, the need for measurable objectives, billboards and help by the City for goals and objectives. 3:29:34 Commission Discussion The Commission discussed economic development and the need to work with the Airport. 3:33:02 Motion to approve the work plan and budget of the Bozeman Tourism Business Improvement District for fiscal year 2012. It was moved by Cr. Mehl, seconded by Cr. Taylor to approve the work plan and budget of the Bozeman Tourism Business Improvement District for fiscal year 2012. 3:33:16 Commission Discussion on the Motion The Commission discussed taxations and measurable elements, partnerships and metrics. The Commission urged the TBID to take a look at events and strengths that we have and continue seeking additional partnerships. 3:39:16 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3:39:27 Vote on the Motion to approve the work plan and budget of the Bozeman Tourism Business Improvement District for fiscal year 2012. Those voting Ave being Crs. Mehl, Taylor, Becker, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5 -0. 3:40:19 5. Northeast Urban Renewal Board Work Plan and Budget for Fiscal Year 2012 (Thorpe) 3:40:22 Keri Thorpe, Assistant Planner Ms. Thorpe began the presentation regarding the Northeast Urban Renewal Board Work Plan and Budget for Fiscal Year 2012. She introduced Eric Nelson, the Board's Chairperson. 3:40:51 Eric Nelson, Board Chair for the Northeast Urban Renewal Board Mr. Nelson gave the presentation regarding the Northeast Urban Renewal Board Work Plan and Budget for Fiscal Year 2012. 3:51:22 Public Comments Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. Page 8 of 10 11 Minutes of the Bozeman City Commission Meeting, August 22, 2011 3:51:33 Motion and Vote to approve the work plan and budget of the Northeast Urban Renewal Board for fiscal year 2012. It was moved by Cr. Taylor seconded by Cr. Becker to approve the work plan and budget of the Northeast Urban Renewal Board for fiscal year 2012. Those voting Ave being Crs. Taylor, Becker, Andrus, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5 -0. 3:52:016. North Seventh Urban Renewal Board Work Plan and Budget for Fiscal Year 2012 (Thorpe) 3:52:45 Keri Thorpe, Assistant Planner Ms. Thorpe gave the presentation regarding the North Seventh Urban Renewal Board Work Plan and Budget for Fiscal Year 2012. 4:01:37 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 4:01:50 Motion to approve the work plan and budget of the North Seventh Urban Renewal Board for fiscal year 2012. It was moved by Cr. Becker, seconded by Cr. Andrus to approve the work plan and budget of the North Seventh Urban Renewal Board for fiscal year 2012. 4:02:05 Commission Discussion on the Motion Mayor Krauss spoke regarding the approach of the Board, the number of vacant properties, the support of the Department of Transportation, changes to the streetscape. He is optimistic that this is an area where we will see a turn around. 4:05:37 Vote on the Motion to approve the work plan and budget of the North Seventh Urban Renewal Board for fiscal year 2012. Those voting Ave being Crs. Becker, Andrus, Mehl, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5 -0. 4:05:47 K. FYI/Discussion 1. The City Commission meeting on September 5, 2011 has been cancelled in observance of Labor Day (Ulmen) Page 9 of 10 12 Minutes of the Bozeman City Commission Meeting, August 22, 2011 2. Cr. Mehl votes Cr. Mehl stated that he was late for the meeting but he would have voted in approval on all the consent items and actions 1 and 2. 3. Tomorrow afternoon the roundabout at College and 1 lfh will open. City Engineer Rick Hixson stated that the Roundabout will open tomorrow at College and 1 lth. 4. Catapoloza at Montana State University L. Adjournment Mayor Krauss adjourned the meeting at 9:15 p.m. Jeff Krauss, Mayor ATTEST: Stacy Ulmen, CMC, City Clerk PREPARED BY: Stacy Ulmen, CMC, City Clerk Approved on Page 10 of 10 13