HomeMy WebLinkAbout08-06-12 Minutes, City Commission Co.r°
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
AUGUST 6,2012
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, August 6 2012. Present were Mayor Sean Becker, Commissioner Cyndy
Andrus, Commissioner Jeff Krauss, Commissioner Chris Mehl, Commissioner Carson Taylor,
City Manager Chris Kukulski, City Attorney Greg Sullivan and Deputy City Clerk Aimee
Brunckhorst.
* These minutes are not word for word. The audio recording of this meeting is poor. Please refer
to the video recording for further meeting detail.
0:00:40 A. Call Meeting to Order
0:00:56 B. Pledge of Allegiance and a Moment of Silence
0:00:43 C. Changes to the Agenda
Mayor Becker confirmed with City Manager Kukulski that there were no changes to the agenda.
0:00:52 D. Public Service Announcement- Introduction of New Parks and
Recreation Director Mitch Overton
0:01:04 Chris Kukulski, City Manager
Mr. Kukulski introduced the new Parks and Recreation Director Mitch Overton.
0:01:56 Mitch Overton, Recreation and Parks Director
Mr. Overton said he is excited about the opportunity to work with the Commission and the
citizens of Bozeman.
0:02:23 E. Minutes - June 11, June 18 and June 25,2012
0:02:28 Motion and Vote to approve the minutes of June 11, 18 and 25th as submitted.
It was moved by Cr. Taylor, seconded by Cr. Krauss to approve the minutes of June 11, 18
and 25th as submitted.
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Those voting Ave being Crs. Taylor, Krauss, Mehl,Andrus and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
0:02:51 F. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign Amendment No. 1 with Morrison-Maierle for
the Water Renovations Field Survey Project (Murray)
3. Authorize City Manager to sign Amendment No. 4 with Great West
Engineering for Engineering Services for the 2008 Sewer Rehabilitation Project
(Murray)
4. Authorize City Manager to sign J&D Family GM Dealership Access & Utility
Easement (Murray)
5. Accept the Building Inspection Division 4th Quarter Report (Risk)
6. Accept a grant of Trail Easement on property owned by Gallatin Valley Mall,
to connect the Bozeman West Side Trail with the Bozeman Pond trail system; and
enter into an Agreement for the construction of said trail in partnership with
Gallatin Valley Land Trust (White)
7. Appoint Deputy Mayor Krauss and Commissioner Mehl to review pledged
securities as of June 30, 2012 (Clark)
8. Ratify City Manager's signature on the 2012 Water Renovations Project
Notice of Award to Johnston Excavating, Inc. (Murray)
9. Finally Adopt Ordinance No. 1833, amending Bozeman Municipal Code
(BMC) 2.03.540 related to gifts, gratuities and favors and amending BMC
2.03.600.A.14 related to attendance at the Charter required annual ethics training
(Sullivan)
0:02:54 Public comment on consent.
Mayor Becker opened public comment on consent items. Seeing none, Mayor Becker closed
public comment.
0:03:22 Motion and Vote to approve Consent items F. 1-9 as submitted.
It was moved by Cr. Taylor, seconded by Cr. Krauss to approve consent items F. 1-9 as
submitted.
Those voting Ave being Crs. Taylor, Krauss, Mehl,Andrus and Mavor Becker.
Those voting No being none.
The motion passed 5-0.
0:03:32 G. Public Comment
Mayor Becker opened public comment.
0:03:47 Beth Kaedinz, Public Comment
Ms. Kaeding of 669 Stone Gate Drive, would urge the Commission to place this item on their
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agenda as soon as possible as a statement from the Bozeman City Commission that there could
be major impacts from a doubling of trains through our community.
0:06:43 Faith Rose,Public Comment
Ms. Rose of 850 Cape Avenue spoke regarding an email sent to the City-County Board of Health
from Jared Colure refuting testimony given by Jim Lewis at the Board of Health meeting
regarding a coal test study. She also provided a press release showing a coalition of Southwest
Mayors, Cities, Towns and elected officials asking for a programmatic EIS for the area. She also
provided a list of cities and organizations that have requested a study from the Army Corp. of
Engineers. She urged the city to also send a request.
0:09:15 Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
0:10:13 H. Other Public Hearing
0:11:27 1. Gallatin County Fairground's Haynes Pavilion Expansion Site Plan with
Exemptions Public Hearing,Application No. Z-12143 (Saunders)
0:11:29 Chris Saunders, Department of Planning and Community Development
Mr. Saunders provided the staff report on this item on behalf of planner Allyson Bristor.
0:16:21 Rob Pertzborn,Applicant
Mr. Pertzborn, representing the Bozeman Amateur Hockey Association provided a presentation
on the proposed hockey pavilion expansion site and included history on the hockey program for
the County.
0:20:21 The Commission asked questions of the applicant.
0:29:04 Public Comment
Mayor Becker opened public comment on this presentation. Seeing none, he closed public
comment.
0:29:15 I. Action Items
0:29:16 1. Kirk Annexation Request for 1.92 acres on the 100 block of Gibson Drive,
Application No. A-12005 (Skelton)
0:30:01 Chris Saunders, Planning and Community Development
Mr. Saunders provided the staff presentation on behalf of Dave Skelton.
0:32:33 The Commission began questions for staff.
0:36:12 Eric Overlie, Friend of the Applicant
Mr. Overlie provided a brief presentation on behalf of the applicant who could not be present.
0:36:51 Public Comment
Mayor Becker opened public comment. No person commented, so he closed public comment.
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0:37:01 Motion, discussion and vote.
0:37:09 Motion that having heard and considered public testimony, application materials
and the staff analysis and findings, I move to approve annexation application A-12005,with
the eight terms listed on pages 2 & 3 of the staff report, and direct staff to prepare an
annexation agreement.
It was moved by Cr. Mehl, seconded by Cr. Andrus that having heard and considered
public testimony, application materials and the staff analysis and findings, I move to
approve annexation application A-12005,with the eight terms listed on pages 2 & 3 of the
staff report, and direct staff to prepare an annexation agreement.
0:37:36 Discussion on the motion.
0:38:23 Vote that having heard and considered public testimony, application materials and
the staff analysis and findings,I move to approve annexation application A-12005,with the
eight terms listed on pages 2 & 3 of the staff report, and direct staff to prepare an
annexation agreement.
Those voting Ave being Crs. Mehl, Andrus, Taylor, Krauss and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
0:38:35 2. Kirk Zone Map Amendment Request for R-1 at the 100 block of Gibson
Drive, Application No. Z-12091 (Skelton)
0:39:01 Chris Saunders, Department of Planning and Community Development
Mr. Saunders provided the staff presentation on this item on behalf of Dave Skelton.
0:39:58 Commission questions for staff.
06:45 Public Comment
Mayor Becker opened public comment. Seeing none, Mayor Becker closed public comment.
0:41:01 Motion that having heard and considered public testimony, application materials
and the staff analysis and findings, I move to approve the R-1 zone map amendment
request for application Z-12091,with the four recommended contingencies listed on page 2
of the staff report, and direct staff to prepare an ordinance for the zone map amendment.
It was moved by Cr. Andrus, seconded by Cr. Taylor that having heard and considered
public testimony, application materials and the staff analysis and findings,I move to
approve the R-1 zone map amendment request for application Z-12091,with the four
recommended contingencies listed on page 2 of the staff report, and direct staff to prepare
an ordinance for the zone map amendment.
0:41:01 Discussion on the motion.
Commissioner Krauss emphasized that this property would not normally be one that would be
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annexed because of its distance from the city, but due to extenuating circumstances with the
issues from the solvent site, this annexation is needed.
0:41:08 Vote that having heard and considered public testimony, application materials and
the staff analysis and findings,I move to approve the R-1 zone map amendment request for
application Z-12091,with the four recommended contingencies listed on page 2 of the staff
report, and direct staff to prepare an ordinance for the zone map amendment.
Those voting Ave being Crs. Andrus, Taylor, Krauss, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
0:42:28 3. South Wallace Zone Map Amendment Request for B-3,Application No.
Z-12122 (Riley)
0:42:32 Doug Riley, Department of Planning and Community Development
Mr. Riley provided the staff presentation on this item.
0:54:01 Dustin Johnson, Engineering
Mr. Johnson answered a question from the Commission saying that removing the 'pork chop'
design would cost about $5,000 to remove and would take a week or two.
0:54:34 Susan Gregory, Library Director
Ms. Gregory responded to questions from the Commission saying that library staff has had a
number of people complain in writing that they cannot turn left to the north onto Main Street, so
removing the current traffic restraint would please their customers. However, on the other hand
there could also be a long line of people waiting to turn onto Main Street from the library as that
is a tough left turn to make.
0:55:12 The Commissioners continued questions for staff.
1:08:32 Rob Pertzborn,Applicant
Mr. Pertzborn with Intrinsik Architecture spoke on behalf of the applicants.
1:10:01 The Commission asked questions of the applicant.
1:12:45 Public Comment
Mayor Becker opened public comment on this item.
1:12:56 Ryan Hamilton, Public Comment
Mr. Hamilton of 520 East Curtiss Street(across from the Gallatin Valley Seed Company
building) spoke regarding the underlying land use as community core. He feels zoning this area
B-3 is not the appropriate use for what is being done in this area. Mr. Hamilton asked that the
future land use map be looked at again.
1:16:19(Catherine Ball,Public Comment
Ms. Ball of 323 South Wallace Avenue thanked the Commission for the dialogue happening on
this issue. She provided a quote from an article in the Chronicle on this application. She is
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concerned about the incentives that B-3 zoning would allow. She asked what reassurance the
neighbors would have that someone will not take advantage of these incentives as there are some
uses in B-3 that are not appropriate in this area.
1:20:02 Lowell Springer, Public Comment
Mr. Springer of Springer Group Architects located in the Gallatin Seed Company building
explained that when they first purchased the property in 1992 they found that sometime around
1958 there was a mistake made by a map maker marking this area R-4 instead of commercial and
business. This area was actually a commercial area since 1917. In fact, one of the oldest
commercial buildings in the city was the Gallatin Valley Seed complex. The majority of the
properties within this application will continue to operate as they are now. Mr. Springer feels that
with the controls in place and the number of reviews that would be needed on any development
across the street should take care of the concerns of the neighbors. They are pleased that it could
be zoned correctly, which would enhance the possibility of a quality project across the street
from the Seed complex.
1:23:31 Jill Hamilton, Public Comment
Ms. Hamilton of 520 East Curtiss Street(directly south of the Gallatin Valley Seed building)
thanked the Commission for listening but said she greatly opposes rezoning this area to B-3 as it
would create an island of central business district in what is primarily a very busy neighborhood
with heavy traffic.
1:24:31 Steven Shnee,Public Comment
Mr. Schnee of 309 South Wallace and former owner of the residence at 530 East Curtiss said the
B-3 zoning criteria would allow something to occur in that neighborhood that would not fit into
the neighborhood and along the recreation area heavily used by the city. The neighbors feel B-3
zoning would open the door to impacts they would not like to see and would not fit the vision of
the city.
1:27:26 Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
1:27:33 The Commission began questions for staff.
1:45:21 Motion that having heard and considered public testimony, application materials
and the staff analysis and findings, I move to approve the B-3 zone map amendment
request for application Z-12122 with the three recommended contingencies listed on page 2
of the staff report, and direct staff to prepare an ordinance for the zone map amendment.
It was moved by Cr. Taylor, seconded by Cr. Krauss that having heard and considered
public testimony, application materials and the staff analysis and findings, I move to
approve the B-3 zone man amendment request for application Z-12122 with the three
recommended contingencies listed on page 2 of the staff report, and direct staff to prepare
an ordinance for the zone map amendment.
1:45:27 Motion, discussion and vote.
1:46:00 Commission discussion on the motion.
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2:05:32 Vote on the motion having heard and considered public testimony, application
materials and the staff analysis and findings, I move to approve the B-3 zone map
amendment request for application Z-12122 with the three recommended contingencies
listed on page 2 of the staff report, and direct staff to prepare an ordinance for the zone
may amendment.
Those voting Ave being Crs. Taylor, Krauss, Taylor, Andrus and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
2:05:44 Break
Mayor Becker called for a short break.
2:23:49 Back from Break
Mayor Becker called the meeting back to order.
2:23:55 4. Fresco Cafe Creekside Conditional Use Permit and Certificate of
Appropriateness, 317 East Mendenhall Street, Application No. Z-12150 (Quasi-Judicial)
(Saunders)
2:23:58 Chris Saunders, Department of Planning and Community Development
Mr. Saunders provided the staff presentation on this application.
2:27:03 Mr. Saunders
Mr. Saunders explained that condition#13 has a typo and asked that the Commission please
strike the words 'roof deck' from the condition.
2:28:06 The Commission asked questions of staff.
2:32:18 Mark Weirich,Architect Representative for the Applicant
Mr. Weirich of 416 West Koch,provided information on questions that had been posed saying
the existing slab is a foot higher than the flood plain and the new floor would be another foot
above that. They would like to use the existing water line and a new line for the sewer. They are
planning on removing the existing parking as it is dangerous because cars back out onto
Mendenhall.
2:35:31 The Commission began questions for the applicant.
2:36:12 Public Comment
Mayor Becker opened public comment.
2:36:24 Everett Cope, Public Comment
Mr. Cope of 317 East Mendenhall said he has improved the property greatly as he has had it
since 1971, but the applicant who will be taking over the building will be taking the building
where he cannot. He provided a little background on the building and the property and said the
applicant has the right ideas at the right time and would be an asset.
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2:37:45 Public Comment Closed
Mayor Becker opened public comment.
Seeing none, Mayor Becker closed public comment.
2:38:03 Motion that having heard and considered public testimony, application materials
and the staff analysis and findings, I move to approve the Fresco Cafe Creekside
Conditional Use Permit and Certificate of Appropriateness application Z-12150,
incorporating by reference the findings and recommended conditions in the staff report
and amending condition 913 to remove the words 'roof deck'.
It was moved by Cr. Krauss, seconded by Cr. Mehl that having heard and considered
public testimony, application materials and the staff analysis and findings, I move to
approve the Fresco Cafe Creekside Conditional Use Permit and Certificate of
Appropriateness application Z-12150, incorporating by reference the findings and
recommended conditions in the staff report and amending condition#13 to remove the
words 'roof deck'.
2:38:31 Discussion on the motion.
2:39:56 Vote on the motion that having heard and considered public testimony, application
materials and the staff analysis and findings, I move to approve the Fresco Cafe Creekside
Conditional Use Permit and Certificate of Appropriateness application Z-12150,
incorporating by reference the findings and recommended conditions in the staff report
and amending condition #13 to remove the words 'roof deck'.
Those voting Aye being Crs. Krauss, Mehl,Andrus, Taylor and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
2:40:19 5. Resolution No. 4389, Establishing Tree Maintenance District Assessments
for Fiscal Year 2013 (Rosenberry)
2:40:51 Anna Rosenberry, Finance Director
Ms. Rosenberry provided the staff presentation on this item explaining this assessment has not
increased.
2:41:38 Cr. Krauss recused himself from discussion and vote.
Cr. Krauss recused himself from this discussion and vote as his son works for the city Forestry
Division part-time in the summer.
2:42:07 Public Comment
Mayor Becker opened public comment, seeing none, Mayor Becker closed public comment.
2:42:1 I Motion to approve Resolution 4389, establishing Tree Maintenance Assessments for
Fiscal Year 2013.
It was moved by Cr. Mehl, seconded by Cr. Andrus to approve Resolution 4389,
establishing Tree Maintenance Assessments for Fiscal Year 2013.
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Minutes of the City Commission meeting, August 6, 2012
2:42:22 Discussion on the motion.
2:42:31 Vote on the motion to approve Resolution 4389, establishing Tree Maintenance
Assessments for Fiscal Year 2013.
Those voting Ave being Crs. Mehl, Andrus, Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0 with Commissioner Krauss abstaining.
2:43:03 6. Decision on Written Protests for Modification of North 7th Avenue
Special Improvement Lighting District (SILD) No. 460 (Thorpe)
2:43:06 Keri Thorpe,Planning and Community Development
Mr. Thorpe provided the staff presentation on this item.
2:44:45 Public Comment
Mayor Becker opened public comment. Seeing none, Mayor Becker closed public comment.
2:44:49 Motion and Vote that having conducted a public hearing after the expiration of the
time for written protests against the modification of the North 7th Avenue Special
Improvement Lighting District (SILD) No. 460 to be filed with the City Clerk and finding
that no written protests have been received, I hereby determine modification of SILD No.
460 to be in the public interest, and instruct the City Manager to move forward with the
modification.
It was moved by Cr. Andrus, seconded by Cr. Taylor that having conducted a public
hearing after the expiration of the time for written protests against the modification of the
North 7th Avenue Special Improvement Lighting District No. 460 to be filed with the City
Clerk and finding that no written protests have been received, I hereby determine
modification of SILD No. 460 to be in the public interest, and instruct the City Manager to
move forward with the modification.
Those voting Ave being Crs.Andrus, Taylor, Krauss, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
2:45:44 7. Mayoral Appointment to the Public Library Board of Trustees
(Brunckhorst)
2:45:44 Motion and Vote to confirm the Mayoral appointment of John Gallagher to the
Library Board of Trustees.
It was moved by Cr. Mehl, seconded by Cr. Andrus to confirm the Mayoral appointment of
John Gallagher to the Library Board of Trustees.
Those voting Aye being Crs. Mehl,Andrus,Taylor, Krauss and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
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Minutes of the City Commission meeting, August 6, 2012
2:46:10 8. (Re)Appointments to the Bozeman Tourism Business Improvement
District Board of Trustees (Brunckhorst)
2:46:39 Cr. Krauss
Cr. Krauss mentioned that the board would recommend the reappointment of Andrew Ash and
Tim Kuhlman and he confirmed he is also in agreement with that recommendation.
2:47:00 Motion and Vote to reappoint Andrew Ash and Tim Kuhlman to the Bozeman
Tourism Business Improvement District Board of Trustees.
It was moved by Cr. Krauss, seconded by Cr. Mehl to reappoint Andrew Ash and Tim
Kuhlman to the Bozeman Tourism Business Improvement District Board of Trustees.
Those voting Ave being Crs. Krauss, Mehl,Andrus, Taylor and Mayor Becker. Those
voting No being none. The motion passed 5-0.
2:47:53 9. Reappointments to the Community Affordable Housing Advisory Board
(Brunckhorst)
2:47:54 Motion and Vote to reappoint Melvin Howe and Anne Kesting to the Community
Affordable Housing Advisory Board.
It was moved by Cr. Mehl, seconded by Cr. Andrus to reappoint Melvin Howe and Anne
Kesting to the Community Affordable Housing Advisory Board.
Those voting Ave being Crs. Mehl, Andrus, Taylor, Krauss and Mavor Becker.
Those voting No being none.
The motion passed 5-0.
2:48:22 10. (Re)appointments to the Community Alcohol Coalition (Brunckhorst)
2:48:28 Motion to reappoint Jenna Caplette as a neighborhood association representative and
move to appoint Keri-Lou McGinley as a non-hospitality local business person representative on
the Community Alcohol Coalition.
It was moved by Cr. Taylor, seconded by Cr. to Mehl to reappoint Jenna Caplette as a
neighborhood association representative and move to appoint Keri-Lou McGinley as a
non-hospitality local business person representative on the Community Alcohol Coalition.
2:48:30 Discussion on the motion.
2:53:47 The Commission spoke regarding having a discussion about the purpose or continuation
of this board.
2:56:08 Vote on the motion to reappoint Jenna Caplette as a neighborhood association
representative and move to appoint Keri-Lou McGinley as a non-hospitality local business
person representative on the Community Alcohol Coalition.
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Minutes of the City Commission meeting, August 6, 2012
Those voting Ave being Crs. Taylor, Mehl, Andrus and Mayor Becker.
Those voting No being none.
The motion passed 4-1 with Commissioner Krauss opposed.
2:56:28 J. FYI/Discussion
2:56:29 1. Meeting Schedules
The meeting during the week of Memorial Day will be cancelled, Mayor Becker confirmed he
will be present at the September 1 Oth meeting and Commissioner Krauss confirmed he will not.
2:57:07 2. Update on Coal Train Issue
Mr. Kukulski mentioned a memorandum that was emailed out to all the Commissioners last
Friday from staff member Brit Fontenot with the information the Commission had requested.
2:59:54 Staff and Commission discussion.
3:06:26 3. National Night Out Event
Ms. Brunckhorst reminded everyone that the National Night Out Event for Bozeman will take
place tomorrow August 7, 2012.
3:07:47 K. Adjournment
Mayor Becker adjourned the meeting at 9:12 p.m.
ATTEST: F W .
B 0 ,
Sean A. Becker, Mayor
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PREPARED BY:
Aimee Brunckhorst, Deputy City Clerk
Approved on !S,04�- w 6v4/ to, Z012
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