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HomeMy WebLinkAbout07-09-12 Minutes, Part2 Page 1 of 10 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 9, 2012 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, July 9, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner Chris Mehl, Commissioner Cyndy Andrus, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, City Finance Director Anna Rosenberry, City Attorney Greg Sullivan, and City Clerk Stacy Ulmen. *These minutes are not word for word and should be considered along with the audio recording. 0:00:03 A. Call to Order – 5:30 p.m.– Commission Room, City Hall, 121 North Rouse Mayor Becker called the meeting order at 5:34 p. m. 0:00:14 B. Pledge of Allegiance and a Moment of Silence 0:00:52 C. Special Presentation – Coal Trains through the City of Bozeman (Jim Lewis, Montana Rail Link) 0:01:16 Jim Lewis, Montana Rail Link Mr. Lewis gave the special presentation in regards to Montana Rail Link and coal trains. He spoke regarding what the company does and showed a map of all the rail lines throughout Montana. He highlighted what they haul which includes coal. He stated that coal has been hauled for the last 25 years. He spoke regarding the 33 customers serviced in the Gallatin Valley and the employees for the company and the proposed increase in volume for MRL. He highlighted current volume and potential volume. Mr. Lynch asked that the City Commission sign a resolution supporting the Montana Rail Link recognizing what the company has done to support the community. 0:17:04 Commission questions The Commission and Mr. Lynch spoke regarding noise mitigation, intersections and train whistles, the amount of time of intersection waiting time, routes, regulations, coal export facilities and ports, capacity, MRL's assistance with over passes and under passes, an environmental impact study, coordinating with Montana Department of Transportation, the 4 Minutes of the Bozeman City Commission, July 9, 2012 Page 2 of 10 amount of additional coal trains per day that are proposed to come through Bozeman, standards and communications with other communities. 0:45:26 Faith Rose, Representing Bozeman Coal Group Ms. Rose stated that she is representing the Bozeman Community Coal Action group. She spoke regarding the group’s concern of environmental coal impacts in the community. She asked that the Commission pass a resolution supporting that an environmental impact study be conducted. 0:51:13 Public Comment Mayor Becker opened public comment. 26 people spoke regarding their opinions on the transport of coal. The majority of the group urged the Commission to support and Environmental Impact Study. 1:58:31 Public Comment closed Mayor Becker closed public comment. 1:58:48 Commission Questions The Commission and Mr. Lewis spoke regarding the speed of trains, length of time at crossings and the 10 minute goal, regulations and derailments, MRL's desire to be a good neighbor, alternatives in regards to overpasses, spacing, passenger rail, freight train timing, communications of scheduling and air quality. 2:08:16 Ms. Rose Ms. Rose spoke regarding emergencies and public health issues, the fact that Missoula passed support of the Resolution to urge an Environmental Impact Study, and the public comment time in regards to ports for coal. 2:12:04 Break Mayor Becker declared a break. 2:27:13 Meeting called back to order. Mayor Becker called the meeting back to order. 2:27:28 D. Public Service Announcement-Recycle Rewards Green Choices Challenge (Arkell) Mr. Arkell gave a Public Service Announcement regarding Recycle Rewards Green Choices challenge. This is a free program. 2:29:15 E. Changes to the Agenda Mayor Becker asked Assistant City Manager Chuck Winn if there were any changes to the agenda. Mr. Winn stated no. 5 Minutes of the Bozeman City Commission, July 9, 2012 Page 3 of 10 2:29:21 F. Minutes – May 14, 2012 2:29:25 Motion and Vote to approve the minutes from May 14, 2012 It was moved by Cr. Taylor, seconded by Cr. Andrus to approve the minutes from May 14, 2012. Those voting Aye being Crs. Taylor, Andrus, Deputy Mayor Krauss, Cr. Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:29:46 G. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize the City Manager to sign a Memorandum of Understanding between the City of Bozeman and Montana State University regarding Mutual Aid Law Enforcement response (McLane) 3. Approve the Final Plat for the Huempfner Minor Subdivision No. P-12007 to subdivide 8.939 acres and Authorize the Director of Public Service to execute the same on behalf of the City of Bozeman (Skelton) 4. Finally adopt Ordinance No. 1832 amending the text of the Unified Development Code to allow a Master Site Plan as an alternative to the creation of a Planned Unit Development for non-residential development within the North 19th Avenue/West Oak Street Entryway Corridor (Riley) 2:29:50 Public Comment Mayor Becker opened public comment on the Consent agenda. No person commented. Mayor Becker closed public comment. 2:30:10 Motion to approve Consent Items G. 1-4 as submitted. It was moved by Cr. Andrus, seconded by Deputy Mayor Krauss to approve Consent Items G. 1-4 as submitted. Those voting Aye being Cr. Andrus, Deputy Mayor Krauss, Crs. Mehl, Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:30:42 H. Public Comment Mayor Becker opened public comment. 6 Minutes of the Bozeman City Commission, July 9, 2012 Page 4 of 10 2:31:00 Jim Gangery, Public Comment. Mr. Gangery stated that he was part of the original medical cannabis group. He spoke regarding the legislature’s changes in regards to medical marijuana. He thanked the Commission for their support and stated that he supports the 20 store fronts as listed in Ordinance No. 1832. 2:32:27 Public Comment closed Mayor Becker closed public comment. 2:32:31 I. Action Items 2:32:44 1. Solid Waste Rate Study (Arkell) 2:32:51 Chuck Winn, Assistant City Manager Mr. Winn opened the Solid Waste Rate Study presentation by explaining that the presentation will be done through a web x and conference call. 2:33:30 Debbie Arkell, Director of Public Services Ms. Arkell began the staff presentation regarding the Solid Waste Rate Study. The goal of the study done by SAIC Energy, Environment & Infrastructure, LLC was to identify what the total cost of the City's solid waste service based on the type of services provided. 2:44:25 Solid Waste Rate Study Presentation SAIC Energy, Environment and Infrastructure, LLC gave the presentation on the Solid Waste Rate study highlighting the methodology and the approach used to conduct the study. 3:14:17 Questions for SAIC and Staff The Commission and SAIC spoke regarding the commercial collection services, the amount of customers, ways of increasing efficiency, ways of reducing costs, savings, operations, elimination of commercial services, development of a number of savings related to this, the recycling program, policy and financial integrity, distributing costs to customers, current strategies for improving efficiencies and current strategies for promoting recycling. 3:56:48 Public Comment Mayor Becker opened public comment. 3:56:56 Dave Levrum, Public Comment Mr. Levrum from Four Corners recycling spoke regarding regulations and the public service commission authority and how costs are listed in the study, 3:58:36 Bob Nute, Public Comment Mr. Nute spoke regarding the current service. He stated that it is the best service that he has ever seen. 3:59:38 Public Comment closed Mayor Becker closed public comment. 7 Minutes of the Bozeman City Commission, July 9, 2012 Page 5 of 10 3:59:44 Mr. Winn Mr. Winn spoke regarding the time frame for the study and the return time to the Commission. 4:00:55 Commission discussion The Commission discussed the timeframes for return on staff recommendations, commercial services, cardboard, competitor effects, and subsidy from the general fund, alley cleanup, rates, curbside recycling and efficiencies. 4:11:29 Motion to accept the Solid Waste Rate Study presented by SAIC Energy, Environment & Infrastructure, LLC and direct staff to return to the Commission by August 27, 2012 with their recommendations based on tonight's discussion. It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to accept the Solid Waste Rate Study presented by SAIC Energy, Environment & Infrastructure, LLC and direct staff to return to the Commission by August 27, 2012 with their recommendations based on tonight's discussion. 4:12:29 Vote on the Motion to accept the Solid Waste Rate Study presented by SAIC Energy, Environment & Infrastructure, LLC and direct staff to return to the Commission by August 27, 2012 with their recommendations based on tonight's discussion. Those voting aye being Deputy Mayor Krauss, Crs. Mehl, Taylor, Andrus and Mayor Becker. Those voting no being none. The motion passed 5-0. 4:12:38 2. Resolution No. 4387 granting approval of the Nute Tax Abatement at 308 South Tracy Avenue, a property within the South Tracy/ South Black Avenue Historic District on the National Register of Historic Places No. Z-11077 (Kramer) 4:13:47 Courtney Kramer, Associate Planner Ms. Kramer gave the staff presentation regarding Resolution No. 4387 granting approval of the Nute Tax Abatement at 308 South Tracy Avenue, a property within the South Tracy/ South Black Avenue Historic District on the National Register of Historic Places No. Z-11077. 4:16:44 Commission questions for staff The Commission and staff spoke regarding the advisory board and the staff disagreement, costs to the applicant and staff time. 4:20:11 Joanna Nute, Applicant Ms. Nute gave the applicant presentation for the Resolution No. 4387 granting approval of the Nute Tax Abatement at 308 South Tracy Avenue, a property within the South Tracy/ South Black Avenue Historic District on the National Register of Historic Places No. Z-11077. Ms. Nute showed pictures of the property and the proposed changes. 8 Minutes of the Bozeman City Commission, July 9, 2012 Page 6 of 10 4:26:11 Public Comment Mayor Becker opened public comment. 4:26:20 Laura Dalton, Public Comment Ms. Dalton stated that she is representing the Bozeman Historic Preservation Advisory Board. She spoke regarding tax abatements in general and community support. She spoke regarding the siding on the home. 4:31:23 Meeting extended to 10:30 p.m. Mayor Becker extended the meeting to 10:30 p.m. 4:34:10 Public Comment closed Mayor Becker closed public comment. 4:37:51 Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby move to adopt the findings presented in the staff report for the Nute Tax Abatement for Historic Preservation request at 308 South Tracy Avenue and move to approve Resolution No. 4387 granting said Tax Abatement. It was moved by Cr. Mehl , seconded by Cr. Taylor that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby move to adopt the findings presented in the staff report for the Nute Tax Abatement for Historic Preservation request at 308 South Tracy Avenue and move to approve Resolution No. 4387 granting said Tax Abatement. 4:38:11 Discussion on the Motion The Commission discussed the standards and the application. 4:44:14 Vote on the Motion to that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby move to adopt the findings presented in the staff report for the Nute Tax Abatement for Historic Preservation request at 308 South Tracy Avenue and move to approve Resolution No. 4387 granting said Tax Abatement. Those voting Aye being Crs. Mehl, Taylor, Andrus, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 9 Minutes of the Bozeman City Commission, July 9, 2012 Page 7 of 10 4:44:24 3. Thompson Garage Sketch Plan No. Z-12112 Certificate of Appropriateness with Deviation at 117 East Dickerson Street to allow the construction of a new attached garage and front porch at 117 East Dickerson Street (Kramer) 4:44:50 Ms. Kramer Ms. Kramer gave the staff presentation regarding the Thompson Garage Sketch Plan No. Z- 12112 Certificate of Appropriateness with Deviation at 117 East Dickerson Street to allow the construction of a new attached garage and front porch at 117 East Dickerson Street. 4:50:53 Dwayne Thompson, Applicant representative Mr. Thompson gave the applicant presentation for Thompson Garage Sketch Plan No. Z-12112 Certificate of Appropriateness with Deviation at 117 East Dickerson Street to allow the construction of a new attached garage and front porch at 117 East Dickerson Street. 4:51:24 Public Comment Mayor Becker opened public comment. 4:51:32 Ms. Carlton, public comment Ms. Carlton of 120 East Story stated her concern of the water drainage issues in the area. 4:56:02 Jan Batey, Public Comment Ms. Batey spoke regarding the site plan map. 4:57:35 Public Comment closed Mayor Becker closed public comment. 4:59:03 Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby move to adopt the findings presented in the staff report for application No. Z-12112 and move to approve the Sketch Plan Certificate of Appropriateness with Deviations with no conditions and subject to all applicable code provisions. It was moved by Cr. Taylor, seconded by Cr. Andrus that Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby move to adopt the findings presented in the staff report for application No. Z-12112 and move to approve the Sketch Plan Certificate of Appropriateness with Deviations with no conditions and subject to all applicable code provisions. 4:59:34 Commission Discussion on the Motion The Commission spoke regarding contributions to the flooding problem, 5:00:40 Vote on the Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby move to adopt the findings presented in the staff report for application No. Z-12112 and move to approve 10 Minutes of the Bozeman City Commission, July 9, 2012 Page 8 of 10 the Sketch Plan Certificate of Appropriateness with Deviations with no conditions and subject to all applicable code provisions. Those voting Aye being Crs. Taylor, Andrus, Deputy Mayor Krauss, Cr. Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 5:00:51 Meeting extended Mayor Becker extended the meeting an additional 15 minutes. 5:00:57 4. Provisional adoption of Ordinance No. 1834 related to the number of Medical Marijuana Storefront Businesses authorized to conduct business with the City of Bozeman (Price) 5:01:12 Ron Price, Police Chief Chief Price gave the staff presentation regarding the Provisional adoption of Ordinance No. 1834 related to the number of Medical Marijuana Storefront Businesses authorized to conduct business with the City of Bozeman. 5:03:46 Commission questions for staff The Commission and staff spoke regarding the review time of the Ordinance, 5:04:20 Public comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 5:04:24 Motion to provisionally adopt Ordinance No. 1834 establishing a cap of twenty (20) on medical marijuana storefront businesses. It was moved by Cr. Andrus, seconded by Deputy Mayor Krauss to provisionally adopt Ordinance No. 1834 establishing a cap of twenty (20) on medical marijuana storefront businesses. 5:04:45 Commission discussion on the motion The Commission spoke regarding the cap amount and review of the cap itself. 5:05:01 Vote on the Motion to provisionally adopt Ordinance No. 1834 establishing a cap of twenty (20) on medical marijuana storefront businesses. Those voting Aye being Cr. Andrus, Deputy Mayor Krauss, Crs. Mehl, Taylor and Mayor Becker. 11 Minutes of the Bozeman City Commission, July 9, 2012 Page 9 of 10 Those voting No being none. The motion passed 5-0. 5:05:09 5. Reappointments to the Downtown Bozeman Improvement District / Tax Increment Finance (IDB-TIF) Board (Kissel) 5:05:24 Motion and Vote to confirm the Mayoral reappointments of Bob Hietala, Vonda Laird and Bill Stoddart as voting members of the Downtown Bozeman Improvement District Tax Increment Finance Board. It was moved by Cr. Mehl, seconded by Cr Taylor to confirm the Mayoral reappointments of Bob Hietala, Vonda Laird and Bill Stoddart as voting members of the Downtown Bozeman Improvement District Tax Increment Finance Board. Those voting Aye being Crs. Mehl, Taylor, Andrus, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 5:05:41 6. (Re) Appointment to the Tree Advisory Board A request was made to move this to next week. The majority of the Commission agreed. 5:06:03 7. Appointment to the Community Alcohol Coalition (Kissel) 5:06:08 Motion and Vote to appoint Ken Spencer as a prevention specialist representative to the Community Alcohol Coalition It was moved by Cr. Taylor, seconded by Cr. Andrus to appoint Ken Spencer as a prevention specialist representative to the Community Alcohol Coalition. Those voting Aye being Crs. Taylor, Andrus, Deputy Mayor Krauss, Cr. Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 5:06:22 8. (Re)Appointments to the Historic Preservation Advisory Board (Kissel) 5:06:26 Motion to reappoint Jill Bowers, Mark Hufstetler, Jessie Nunn and Lisa Verwys and new applicant Nicole Becker to the Bozeman Historic Preservation Advisory Board, 12 Minutes of the Bozeman City Commission, July 9, 2012 Page 10 of 10 It was moved by Cr. Andrus, seconded by Cr. Taylor to re-appoint Jill Bowers, Mark Hufstetler, Jessie Nunn and Lisa Verwys and new applicant Nicole Becker to the Bozeman Historic Preservation Advisory Board. 5:06:49 Commission Discussion on the Motion The Commission discussed the board as a whole. 5:09:03 Vote on the Motion to reappoint Jill Bowers, Mark Hufstetler, Jessie Nunn and Lisa Verwys and new applicant Nicole Becker to the Bozeman Historic Preservation Advisory Board, Those voting Aye being Crs. Andrus, Taylor, Deputy Mayor Krauss, Cr. Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 5:09:15 J. FYI/Discussion 1. Coal Train/Rail Road discussion Staff will bring forward discussion points with MRL on a quiet zone, an intersection assessment, and investigation of contaminants in the area. Public comment time for the environmental Impact Study will also need to be looked into. Mayor Becker would like direction from staff on this before it goes back on the agenda. 2. Vacation Schedules 3. Haven/HRDC efforts 5:13:47 K. Adjournment Mayor Becker adjourned the meeting at 10:48 p.m. ____________________________________ Sean A Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on _________________________ 13