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HomeMy WebLinkAboutJuly 23 minutes.pdf Page 1 of 10 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 23, 2012 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, July 23, 2012. Present were 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. Please note that the audio quality of this meeting is poor. 0:03:27 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Deputy Mayor Krauss called the meeting to order at 6 p.m. 0:03:40 B. Pledge of Allegiance and a Moment of Silence 0:04:16 C. Changes to the Agenda Deputy Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated no. 0:04:24 D. Authorize Absence of Mayor Becker 0:04:28 Motion and Vote to authorize the absence of Mayor Becker. It was moved by Cr. Andrus, seconded by Cr. Taylor to authorize the absence of Mayor Becker. Those voting Aye being Crs. Andrus, Taylor, Mehl and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:04:42 E. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Acknowledge and accept the North 7th Urban Renewal Board’s decision to Install “midnight (Bobcat) blue” (rather than black) light fixtures on North 7th Avenue (Arkell) 17 Minutes of the Bozeman City Commission Meeting, July 23, 2012 Page 2 of 10 3. Approve a One Year Extension to D & D Palmer LLC for Final Site Plan Approval for Woodhaven Village Planned Unit Development located at 5349 Baxter Lane, Application No. Z-07005 (Riley) 4. Finally Adopt Ordinance No. 1834 related to the number of Medical Marijuana Storefront Businesses authorized to conduct business within the City of Bozeman (Price) 0:05:07 Public Comment on Consent agenda Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:05:13 Motion and Vote to approve Consent items E. 1-4 as submitted It was moved by Cr. Taylor, seconded by Cr. Mehl to approve Consent items E. 1-4 as submitted. Those voting Aye being Crs. Taylor, Mehl, Andrus and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:05:33 F. Public Comment Deputy Mayor Krauss opened public comment. 0:06:15 Kelly Pale, Public Comment Ms. Pale of the Gallatin Valley Land Trust spoke regarding the Bozeman Creek Enhancement Plan and stated that she was in support of the plan. 0:08:06 Public Comment closed Deputy Mayor Krauss closed public comment. 0:08:07 G. Special Presentation – Integrated Water Resources Plan and Technical Advisory Committee Progress Update (Heaston) Brian Heaston, Project Engineer gave the staff presentation regarding the Water Resources Plan and Technical Advisory Committee Progress Update. 0:16:45 Gretchen Rupp, Technical Advisory Board Member Ms. Rupp spoke regarding the Technical Advisory committee. 0:19:32 Commission Discussion The Commission discussed outside water resources. 0:41:52 Debbie Arkell, Director of Public Services Ms. Arkell spoke regarding the population growth factor. 18 Minutes of the Bozeman City Commission Meeting, July 23, 2012 Page 3 of 10 0:44:08 Commission discussions continued. The Commission discussed conservation and water use, 0:46:10 H. Other Public Hearing 0:46:32 1. Bozeman Public School District 8th Elementary School, Preliminary Site Plan / Exemptions Hearing (Riley) 0:46:49 Doug Riley, Associate Planner Mr. Riley gave the staff presentation regarding the Bozeman Public School District 8th Elementary School, Preliminary Site Plan / Exemptions Hearing. 0:52:20 Steve Johnson, School District Representative Mr. Johnson gave the applicant presentation for the Bozeman Public School District 8th Elementary School, Preliminary Site Plan / Exemptions Hearing. 0:53:18 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:53:42 I. Action Items 0:53:44 1. Bozeman Public School District Annexation Agreement for 8th Elementary School (Riley) 0:53:59 Doug Riley, Associate Planner Mr. Riley gave the staff presentation regarding the Bozeman Public School District Annexation Agreement for 8th Elementary School. 0:58:52 Questions for staff The Commission spoke regarding participation, landscaping and curbs, future review, cash-in- lieu of water rights and the annexation agreement. 1:03:09 Applicant Presentation Steve Johnson gave the staff presentation regarding the Bozeman Public School District Annexation Agreement for 8th Elementary School. 1:04:07 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 19 Minutes of the Bozeman City Commission Meeting, July 23, 2012 Page 4 of 10 1:04:29 Motion to approve the Annexation Agreement for an 8th Elementary School and authorize staff and the School District to prepare and execute the final annexation documents. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the Annexation Agreement for an 8th Elementary School and authorize staff and the School District to prepare and execute the final annexation documents. 1:04:48 Commission Discussion The Commission discussed the need to continue with the development of a memorandum of understanding, future cooperation and participation and the location of the school. 1:09:37 Vote on the Motion to approve the Annexation Agreement for an 8th Elementary School and authorize staff and the School District to prepare and execute the final annexation documents. Those voting Aye being Crs. Mehl, Andrus, Taylor and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 1:09:49 2. Billion Plaza II GM Sign Variance, Application No. Z-12134 (Quasi- Judicial) (Riley) 1:09:56 Doug Riley, Associate Planner Mr. Riley gave the staff presentation regarding the Billion Plaza II GM Sign Variance, Application No. Z-12134. 1:14:18 Applicant Presentation Bayliss Architects gave the applicant Presentation regarding the Billion Plaza II GM Sign Variance, Application No. Z-12134. 1:14:49 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 1:15:00 Motion to adopt the findings presented in the staff report for Application No. Z- 12134 and move to approve the variance with the condition of approval included in the staff report. 20 Minutes of the Bozeman City Commission Meeting, July 23, 2012 Page 5 of 10 It was moved by Cr. Andrus, seconded by Cr. Taylor to adopt the findings presented in the staff report for Application No. Z-12134 and move to approve the variance with the condition of approval included in the staff report. 1:15:24 Commission Discussion The Commission discussed the application and thanked the applicant for staying within the City limits. 1:16:49 Vote on the Motion to adopt the findings presented in the staff report for Application No. Z-12134 and move to approve the variance with the condition of approval included in the staff report. Those voting Aye being Crs. Andrus, Taylor, Mehl and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 1:17:03 3. Request for Sewer and Water Service Outside city Limits, 2320 West Babcock Street, Catron Creek, LLC, Luke Welborn, Manager (Arkell) 1:17:13 Debbie Arkell, Public Services Director Ms. Arkell gave the staff presentation regarding a request for Sewer and Water Service Outside city Limits, 2320 West Babcock Street, Catron Creek, LLC, Luke Welborn, Manager. 1:21:42 Commission Questions for staff The Commission and staff spoke regarding annexation, impact fees and waivers. 1:26:57 Applicant Presentation The applicant gave their presentation for a Request for Sewer and Water Service Outside city Limits, 2320 West Babcock Street, Catron Creek, LLC, Luke Welborn, Manager. 1:27:51 Questions for Applicant The Commission discussed the existing residence. 1:30:36 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 1:30:44 Motion to approve the request to allow the residence at 2320 West Babcock Street to connect to the city sewer and water system prior to annexation subject to the conditions listed in the staff memorandum. 21 Minutes of the Bozeman City Commission Meeting, July 23, 2012 Page 6 of 10 It was moved by Cr. Taylor, seconded Cr. Mehl to approve the request to allow the residence at 2320 West Babcock Street to connect to the city sewer and water system prior to annexation subject to the conditions listed in the staff memorandum. 1:31:08 Commission Discussion The Commission discussed concern of providing services without annexation and exceptions. 1:34:55 Vote on the Motion to approve the request to allow the residence at 2320 West Babcock Street to connect to the city sewer and water system prior to annexation subject to the conditions listed in the staff memorandum. Those voting Aye being Crs. Taylor, Mehl, Andrus and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 1:35:38 Break Deputy Mayor Krauss declared a break. 1:44:49 Thom White, Parks and Cemetery Superintendent Mr. White gave the staff presentation regarding the Bozeman Creek Enhancement Plan. 1:44:54 4. Bozeman Creek Enhancement Plan (White) 1:46:35 Gary Weiner, National Parks Services Rivers and Trails Program Mr. Weiner continued the presentation regarding the Bozeman Creek Enhancement Plan and highlighted the enhancement committee, location, design and funding sources, partnerships and objectives, public involvement and creek flood flow. 2:05:40 Commission Questions The Commission discussed setting priorities, fundraising efforts, time frames of grants and the storm water utility. 2:11:12 Public Comment Deputy Mayor Krauss opened public comment, 2:11:20 Dave Crawford, Public Comment Mr. Crawford of 218 Lindley Place stated that he appreciates the group’s effort and the plan and hopes that the Commission will adopt it. 2:12:58 Ted Lange, Public Comment Mr. Lange of 2807 West Bridge Drive stated that he was involved in the Steering Committee and that this is a long term vision with a lot of opportunities. 22 Minutes of the Bozeman City Commission Meeting, July 23, 2012 Page 7 of 10 2:14:31 Public comment closed Deputy Mayor Krauss closed public comment. 2:14:49 Commission Discussion The Commission discussed water quality, eminent domain, volunteering, use of public goods and upstream storage for consistent stream flows. 2:20:14 Motion to understand that the proposed Bozeman Creek Improvement plan in no way infringes on private property rights and will attempt to the greatest extent possible to respect grandfathering and has no mention of eminent domain or any indication or direction or desire to invoke eminent domain in any way regarding this project. It was moved by Cr. Mehl, seconded by Cr. Andrus to understand that the proposed Bozeman Creek Improvement plan in no way infringes on private property rights and will attempt to the greatest extent possible to respect grandfathering and has no mention of eminent domain or any indication or direction or desire to invoke eminent domain in any way regarding this project. 2:20:50 Commission Discussion on the Motion 2:22:40 Amendment to the Motion and then withdrawn It was moved by Cr. Taylor to add Cr. Mehl's motion to the original motion on the Agenda. Cr. Taylor then withdrew his motion. 2:23:23 Commission Discussion The Commission discussed priorities and how to move forward with this plan. 2:24:29 Vote on the Motion to understand that the proposed Bozeman Creek Improvement plan in no way infringes on private property rights and will attempt to the greatest extent possible to respect grandfathering and has no mention of eminent domain or any indication or direction or desire to invoke eminent domain in any way regarding this project. Those voting Aye being Crs. Mehl, Andrus, Taylor and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:24:55 Commission Discussion The Commission discussed flooding possibilities. 2:28:51 Motion to adopt the Bozeman Creek Enhancement Plan as presented by staff and the Bozeman Creek Enhancement Committee as amended. It was moved by Cr. Mehl, seconded by Cr. Andrus to adopt the Bozeman Creek Enhancement Plan as presented by staff and the Bozeman Creek Enhancement Committee. 23 Minutes of the Bozeman City Commission Meeting, July 23, 2012 Page 8 of 10 2:29:02 Commission Discussion on the Motion The Commission spoke regarding the concern of public goods, saving the creek as an asset to the Community. 2:30:40 Amendment to the Main Motion that nothing in the main motion either prohibits or authorizes the spending of funds by the City. It was moved by Cr. Taylor, seconded by Cr. Mehl- that nothing in the main motion either prohibits or authorizes the spending of funds by the City. 2:31:39 Commission Discussion on the Motion 2:31:49 Vote on the Amendment to the Main motion that nothing in the main motion either prohibits or authorizes the spending of funds by the City. Those voting Aye being Crs. Taylor, Mehl, Andrus and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:32:21 Vote on Main Motion to adopt the Bozeman Creek Enhancement Plan as presented by staff and the Bozeman Creek Enhancement Committee as amended. Those voting Aye being Crs. Mehl, Andrus, Taylor and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:32:42 5. (Re)Appointments to the Bozeman Area Beautification Advisory Board (Brunckhorst) It was moved by Cr. Andrus , seconded by Cr. Taylor to reappoint Charlotte Knighton and appoint new member William Culpepper to the Bozeman Area Beautification Advisory Board. 2:33:20 Commission Discussion 2:33:54 Vote on the Motion to reappoint Charlotte Knighton and appoint new member William Culpepper to the Bozeman Area Beautification Advisory Board. Those voting Aye being Crs. Andrus, Taylor, Mehl and Deputy Mayor Krauss. Those voting No being none. The Motion passed 4-0. 24 Minutes of the Bozeman City Commission Meeting, July 23, 2012 Page 9 of 10 2:34:03 6. Reappointment to the Board of Ethics (Brunckhorst) 2:34:04 Motion and Vote to o reappoint Chris Carraway to the Board of Ethics. Motion and Vote to reappoint Chris Carraway to the Board of Ethics. It was moved by Cr. Taylor, seconded by Cr. Mehl to reappoint Chris Carraway to the Board of Ethics. Those voting Aye being Crs. Taylor, Mehl, Andrus and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:34:28 7. Reappointments to the Bozeman Historic Preservation Advisory Board (Brunckhorst) 2:34:32 Motion and Vote to re-appoint Lora Dalton and Ryan Olson to the Bozeman Historic Preservation Advisory Board. It was moved by Cr. Andrus, seconded by Cr. Taylor to re-appoint Lora Dalton and Ryan Olson to the Bozeman Historic Preservation Advisory Board. Those voting Aye being Crs. Andrus, Taylor, Mehl and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:35:07 8. Appointment to the Bozeman Public Library Board of Trustees (Brunckhorst) This appointment will need to be moved because the Mayor was not present at the meeting. 2:35:19 J. FYI/Discussion 2:35:27 1. Library alley issue 2:36:26 2.Teamsters contract 2:36:46 3.Parks and Recreation Director 2:36:52 4. Public Services Director 2:37:18 5. Commission packets 2:38:03 K. Adjournment Deputy Mayor Krauss adjourned the meeting at 8:35 p.m. 25 Minutes of the Bozeman City Commission Meeting, July 23, 2012 Page 10 of 10 ____________________________________ Sean A Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on _________________________ 26