HomeMy WebLinkAbout08-22-11 Minutes, City CommissionLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
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 Scan 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 pm.
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 fir 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)
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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 settlementap—reement
with Red Mountain In Cause No. OV-10-528BX, Red Mountain et al. vs the Citv 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 votine Ave beine Crs. Andrus, Becker and Mayor Krauss.
Those votin_Z 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.
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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 votinp_ Aye being Crs. Andrus, Taylor, Becker and Ma or 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
(S h ra uge r) — plan availoble 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)
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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 ativrove Consent Items 1-7 as
listed.
Those voting Aye being Crs. Taylor, Becker, Andrus and Ma or 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.
1:01:071. Mayoral Proclamation — Streamline Appreciation Day - August 29th Mayor
Krauss declared August 29th as Streamline Appreciation Day.
1 :03 :2+6 J. Action Items
1:03,28 1. Request to Reclaim Authority of Woerlein Single Housing Residency I
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
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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 bj Cr. Andrus that based unon theJustification
supplied in the staff memo, I move to reclaim Jurisdiction of the Woerlein Single Housing
Residengy, 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 licarine date to August 29, 2011.
Those votinp, Aye 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,
establishinp_ 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)
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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 I 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 11th 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 roadw
configuration'.
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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 votin_g.Aye 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 votine No being Ma or 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, I lth 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.
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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 Aye 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.
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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 apl2rove the work plan and budge
of the Northeast Urban Renewal Board for fiscal ear 2012.
Those votin A e being Crs. Ta for Becker Andrus Mehl and Ma or 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 Major Krauss.
Those voting No beine none.
The motion massed 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)
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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 I and 2.
3. Tomorrow afternoon the roundabout at College and 11"' will open.
City Engineer Rick Hixson stated that the Roundabout will open tomorrow at College and 11th.
4. Catapoloza at Montana State University
L. Adjournment
Mayor Krauss adjourned the meeting at 9:15 p.m.
13, 0 Z
0 #
A PI
St I)e e r X
PREP, ED BY
Sthey U ef)"CNIC, City Clerk
Approved onal-n,hU7 10,001L
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