HomeMy WebLinkAbout07-23-12 Minutes, City Commission G 7.`
rte_•__ :c-c,-*
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 CIerk Stacy Ulmen.
*These minutes are not word for word and should he 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 AIlegiance 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 Ave 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)
Page 1 of 10
Minutes of the Bozeman City Commission Meeting,July 23,2011
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 Ave beinL 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 Pohl,Public Comment
Ms. Pohl 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.
Page 2 of 10
Minutes of the Bozeman City Commission Meeting,July 23,2012
0:41:52 Debbie Arkell, Director of Public Services
Ms. A.rkell spoke regarding the population growth factor.
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 1 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 L 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.
Page 3 of 10
Minutes of the Bozeman City Commission Meeting,July 23,2012
Deputy Mayor Krauss closed public comment.
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 Ave being Crs. Mehl, Andrus,Taylor and Deputy Mayor Krauss.
Those voting No beinE none.
The motion passed 4-0.
1:09:49 2. Billion Plaza 11 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 Il 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.
Page 4 of 10
Minutes of the Bozeman City Commission Meeting,July 23,2012
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 Ave 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.
Page 5 of 10
Minutes of the Bozeman City Commission Meeting,July 23,2012
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 Ave 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 Lame, 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 Iot of opportunities.
Page 6 of 10
Minutes of the Bozeman City Commission Meeting,July 23,2012
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 Ave being Crs. Mehl, Andrus, Taylor and Deputy Mavor 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.
Page 7 of 10
Minutes of the Bozeman City Commission Meeting,July 23,2012
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 Ave 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 Ave being Crs. Mehl, Andrus, Taylor and Deputy Mavor 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 Ave being Crs. Andrus, Taylor, Mehl and Deputy Mayor Krauss.
Those voting No being none.
The Motion passed 4-0.
Page 8 of 10
Minutes of the Bozeman City Commission Meeting,July 23,2012
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. n
Those voting Ave 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 Ave 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.
Page 9 of 10
Minutes of the Bozeman City Commission Meeting,July 23,2012
OF �`3r
y , w Jed SS, eputy ayor
ATTEST:
riv
.J, T~`y ,a rte•:
Stacy 1 en, `C1erl �
O aA p
PREPARED
Stacy U en, CM , City Clerk
Approved on 2—o C
Page 10 of 10