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HomeMy WebLinkAboutApril 22, 2013 Draft Minutes_3 Page 1 of 8 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 22, 2013 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, April 22, 2013. Present were Mayor Sean Becker, Deputy Mayor Krauss, Commissioner Cyndy Andrus, Commissioner Carson Taylor, Commissioner Chris Mehl, City Manager Chris Kukulski, 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. 0:04:21 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Becker called the meeting to order at 6:04 p.m. 0:04:24 B. Pledge of Allegiance and a Moment of Silence 0:04:57 C. Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated no. 0:05:04 D. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize City Manager to sign a Fire Hydrant Easement to allow a new Hydrant to be added at 7th Avenue and Mendenhall Street when the Water Main is Replaced (Murray) 3. Authorize City Manager to sign a Notice of Award to Omdahl Excavating & Utilities, Inc. for the 2013 Water Renovations Project in the amount of $995,236 (Murray) 4. Approve Depository Bonds and Pledged Securities as of March 31, 2013 (Clark) 5. Finally Adopt Ordinance No. 1856, Amending Bozeman Municipal Code Sections 2.03.520, clarifying standards for Conflicts of Interest, 2.03.560 clarifying provisions related to Post Employment Activities and 2.03.570 regarding Disclosure of Post Employment Activities (Brunckhorst) 0:05:11 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 14 Minutes of the Bozeman City Commission Meeting, April 22, 2013 Page 2 of 8 0:05:25 Motion and Vote to approve Consent items 1-5 as submitted. It was moved by Cr. Andrus, seconded by Cr. Mehl to approve Consent items 1-5 as submitted. Those voting Aye being Crs. Andrus, Mehl, Taylor, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:05:48 E. Public Comment Mayor Becker opened general public comment. No person commented. Mayor Becker closed public comment. 0:06:01 F. Action Items 0:06:02 1. Meadow Creek Subdivision Phase 1, Preliminary Plat for Amended Plat of Lot 1, Block 4, located southeast of the intersection of West Graf Street and South 27th Avenue, Application P-13004 (Quasi-Judicial) (Skelton) 0:07:01 Dave Skelton, Sr. Planner Mr. Skelton gave the staff presentation regarding the Meadow Creek Subdivision Phase 1, Preliminary Plat for Amended Plat of Lot 1, Block 4, located southeast of the intersection of West Graf Street and South 27th Avenue, Application P-13004. 0:12:15 Commission questions for staff The Commission discussed the amount of units per acre, the intensity of R-3 zoning, and condition number 6 related to ingress and egress. 0:18:16 Applicant Representative The Applicant representative gave the presentation for the Meadow Creek Subdivision Phase 1, Preliminary Plat for Amended Plat of Lot 1, Block 4, located southeast of the intersection of West Graf Street and South 27th Avenue, Application P-13004. 0:19:43 Commission Questions for Applicant The Commission and Applicant discussed lot 4 of the project and alley area. 0:21:45 Public Comment Mayor Becker opened public comment. 15 Minutes of the Bozeman City Commission Meeting, April 22, 2013 Page 3 of 8 No person commented. Mayor Becker closed public comment. 0:21:59 Question from Staff The Commission and staff discussed minimum density standards. 0:23:06 Motion that having reviewed the application, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for application P- 13004 and move to approve the preliminary plat application for the amended plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1, subject to conditions listed in Planning Board Resolution P-13004. It was moved by Cr. Mehl, seconded by Cr. Taylor that having reviewed the application, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for application P-13004 and move to approve the preliminary plat application for the amended plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1, subject to conditions listed in Planning Board Resolution P-13004. 0:23:32 Commission Discussion on the Motion 0:24:59 Vote on the Motion that having reviewed the application, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for application P-13004 and move to approve the preliminary plat application for the amended plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1, subject to conditions listed in Planning Board Resolution P-13004. Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Becker. Those voting No being Deputy Mayor Krauss. The motion passed 4-1. 0:25:17 2. Map Brewing Company Conditional Use Permit, 510 Manley Road, Application Z-13037 (Quasi-Judicial) (Riley) 0:25:40 Doug Riley, Community Development Mr. Riles gave the staff presentation for the Map Brewing Company Conditional Use Permit, 510 Manley Road, Application Z-13037. 0:30:04 Commission questions for staff The Commission and Staff discussed the trail in the area, condition 12 in relation to access spacers, retention ponds and storm water, 16 Minutes of the Bozeman City Commission Meeting, April 22, 2013 Page 4 of 8 0:37:35 Applicant Presentation The applicant was present but did not give a presentation. 0:37:39 Commission Questions for applicant The Commission discussed the beer delivery area. 0:38:16 Public Comment Mayor Becker opened public comment. 0:38:17 John Howth, Public Comment Mr. Howth spoke of his concern of permanent easement and suggested a trail connection around parking lot instead of straight in. 0:39:19 Ed Adamson, Public Comment Mr. Adamson stated that this is a bar. He is concerned about safety. 0:42:28 Applicant rebuttal The applicant spoke regarding the retail sales and the limit of alcohol served. 0:43:46 Commission Questions for Applicant The Commission and the applicant discussed the areas of operation. 0:45:32 Motion that having reviewed the application, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13037 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. It was moved by Cr. Taylor , seconded by Deputy Mayor Krauss that having reviewed the application, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13037 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. 0:45:58 Commission Discussion The Commission discussed consumption, the lake, the closing time of the facility, and concerns about the trail. 0:52:56 Vote on the Motion that having reviewed the application, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13037 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. 17 Minutes of the Bozeman City Commission Meeting, April 22, 2013 Page 5 of 8 Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Andrus, Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:53:24 Break. Mayor Becker declared a break. 1:06:38 Meeting called Back to order Mayor Becker called the meeting back to order. 1:06:44 3. Recreation and Parks Advisory Board and Staff Recommendations for Proceeding with Recreation and Aquatics Facilities Feasibility Study (Overton) 1:07:38 Mitch Overton, Parks and Recreation Director Mr. Overton gave the staff presentation regarding the Recreation and Parks Advisory Board and Staff Recommendations for Proceeding with Recreation and Aquatics Facilities Feasibility Study. 1:09:06 Dan McCarthy, Public Comment Mr. McCarthy continued the Staff presentation regarding the Recreation and Parks Advisory Board and Staff Recommendations for Proceeding with Recreation and Aquatics Facilities Feasibility Study. 1:25:52 Commission Questions for Staff The Commission and Staff discussed timeframes, construction of a splash park, other facilitates that could be utilized during construction, capacity size and lap swimming in pools, the need for more data points and comparisons to other communities, cost estimates in Option 4, timeliness and urgency, timing of voter approval, partnerships, fiscally responsible plans, the status of Bogert pool and the operation time of the pool and swim lessons. 2:37:03 Public Comment Mayor Becker opened public comment. 2:37:08 Tyler Bennet, Public Comment Mr. Bennet of Springridge Drive stated that he and his family enjoy using the swim center and the Bogert pool in the summer and there is not enough capacity for lap swimming and lessons. 18 Minutes of the Bozeman City Commission Meeting, April 22, 2013 Page 6 of 8 2:38:25 Mike Ducan, Public Comment Mr. Ducan, President of Barracudas spoke regarding the population problems with our current facilities. He is aware of kids getting turned away each year. He gave competition examples. Shutting down Bogert will add a problem to indoor pool. 2:40:31 Bob Wade, Public Comment Mr. Wade supports the proposal and is a competitive swimmer. He spoke regarding hosting meets. The current swim center is crowded. 2:44:00 Callie Miller, Public Comment Ms. Miller of 3062 Sundew Lane spoke regarding the shortage of space and feels that the Bogert splash park is premature. Bogert Park is an icon in this city. 2:47:17 Salal Hubert McGee, Public Comment Ms. McGee spoke regarding the city wide survey. The Pool brings the community economic stimulating downtown because it is close to downtown businesses. 2:52:11 Beth Thorenson, Public Comment Ms. Thorenson stated that she is a Parks and Recreation board member. She feels that it is not a good idea to put a splash park in place of the pool. She has concerns of where lessons are going to go if there is not a Bogert pool. 2:56:10 Dean Sovac, Public Comment Mr. Sovac stated that safety is his primary issue. He encouraged the Commission to be proactive. 2:57:52 Phillip Loopkee, Public Comment Mr. Loopkee of 2360 Butch Cassidy Drive stated that he is a Master Swimmer and he spoke regarding the need for an indoor facility. 3:01:13 Matt Maden, Public Comment Mr. Maden stated that he represents the Bozeman Stingrays swim team. He spoke regarding maintenance needs and asked that the Commission consider other alternatives than pulling out Bogert Pool. 3:02:52 Craig Smith, Public Comment Mr Smith stated that he is the treasurer of Bozeman Barracudas swim team and spoke regarding hosting opportunities. 3:04:09 Public Comment Closed Mayor Becker closed public comment. 19 Minutes of the Bozeman City Commission Meeting, April 22, 2013 Page 7 of 8 3:04:29 Commission Discussion The Commission discussed what to do with Bogert, the splash park idea, letting Bogert go as long as it can, timing of the splash park, the concern of gap years, the need to get a bond before the voters, the timing of the bond, incremental costs associated with Bogert Pool, mill levy timing for Gallatin College, priorities, continuation of pursuing partnerships, infrastructure, comparisons to long term projects and increasing capacity, 3:53:59 Motion and Vote to continue to operate Bogert as inexpensively as possible It was moved by Cr. Mehl, seconded by Cr. Taylor to continue to operate Bogert as inexpensively as possible. Those voting Aye being Crs, Mehl, Taylor, Andrus and Mayor Becker. Those voting No being Deputy Mayor Krauss. The motion passed 4-1. 3:54:28 Motion and Vote to pursue the three partnerships identified by staff. It was moved by Cr. Mehl, Seconded by Cr. Taylor to pursue the three partnerships identified by staff. Those voting Aye being Crs, Mehl, Taylor, Deputy Mayor Krauss, Cr. Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 3:54:46 Motion to prepare for the possible need of a splash park (within City limit locations). It was moved by Cr. Mehl, seconded by Cr. Taylor prepare for the possible need of a splash park (within City limit locations). 3:55:05 Discussion and Clarification on the Motion The Commission and Staff clarified to look within City Limits. 3:56:22 Vote on the Motion to prepare for the possible need of a splash park (within City limit locations). Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Becker. Those voting No being Deputy Mayor Krauss. 20 Minutes of the Bozeman City Commission Meeting, April 22, 2013 Page 8 of 8 The motion passed 4-1. 3:56:39 4. Appointment to the Planning Board (Brunckhorst) It was decided to not act upon the appointments to the Planning Board and this item was moved to a future agenda. 3:57:03 G. FYI/Discussion 1. No meeting next Monday night 2. General Fund may get moved to May 13th. Budget presentations will be handed to Commission prior to the 13th. 3. No meeting Memorial Day week. 3:58:29 H. Adjournment Mayor Becker adjourned the meeting at 9:59 p.m. ____________________________________ Sean A. Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________ 21