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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 22, 2013 **********************
The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
July 22, 2013. Present were Mayor Sean Becker, Deputy Mayor Krauss, Commissioner Carson
Taylor, Commissioner Chris Mehl, Commissioner Cyndy Andrus, 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.
0:01:17 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Becker called the Regular Meeting to order.
0:01:25 B. Pledge of Allegiance and a Moment of Silence
0:01:58 C. Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr.
Kukulski stated no.
0:02:24 D. Minutes – May 20, 2013, Special meeting May 23, 2013, June 17, 2013 and
June 24, 2013
0:02:25 Motion and Vote to approve to approve the May 20, 2013, the Special meeting May
23, 2013, June 17, 2013 and June 24, 2013 minutes (as submitted).
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve the May 20, 2013, the
Special meeting May 23, 2013, June 17, 2013 and June 24, 2013 minutes (as submitted).
Those voting Aye being Crs. Mehl, Taylor, Andrus, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
0:02:48 E. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
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2. Authorize Cooperative Agreement between Bozeman Fire Department and Montana
Department of Natural Resources and Conservation Central Land Office (Shrauger)
3. Authorize Findings of Fact and Order for the Block M Major Subdivision Preliminary Plat
Application located between North Tracy Avenue, East Beall Street, North Black Avenue
and East Lamme Street (Riley)
4. Authorize Subscription Agreement with AV Capture All, a Digital Recording Solution for
Government Agencies (Ulmen)
5. Approve a Service Agreement for Open Town Hall powered by Peak Democracy Inc. for
a Public Engagement Internet Service (Brunckhorst)
6. Approve Resolution 4452, Adopting previously approved Cattail Creek/Hamilton Growth
Policy Amendment, 3079 North 27th, Application P13012 (Rogers)
7. Finally Adopt Ordinance 1867, Amending Chapter 36, Article 4 of the Bozeman
Municipal Code related to the Montana State University Residential Parking District and
the Bozeman Senior High School Residential District (Lee)
8. Finally Adopt Ordinance 1869, Amending Bozeman Municipal Code Chapter 16, Article 8
(Medical Marijuana) Relating to the Number of Licensed Medical Marijuana Storefront
Businesses and Other General Amendments (Price)
0:02:59 Motion to approve Consent Items E. 1-8 as submitted.
It was moved by Cr. Taylor, seconded by Cr. Andrus to approve Consent Items E. 1-8 as
submitted.
0:03:41 Public comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:03:49 Vote on the Motion to approve Consent Items E. 1-8 as submitted.
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.
0:04:00 F. Public Comment
Mayor Becker opened public comment.
0:04:26 Jeff Rupp, Public Comment
Mr. Rupp of HRDC spoke regarding a warming center partnership and gave a housing update.
0:07:42 Pete McGovern, Public Comment
Mr. McGovern spoke regarding the landfill soil gas issue and listed his requests and questions.
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0:10:18 Jason Beach, Public Comment
Mr. Beach spoke regarding the solid waste proposal.
0:12:18 Public comment closed
Mayor Becker closed public comment.
0:12:17 G. Special Presentations
0:12:37 1. Good Neighbor Committee, a town and gown collaboration between the City
of Bozeman and Montana State University (Brekke and Chelsea Schmidt, Montana State
University Community Relations)
Allyson Brekke, City Neighborhood Planner and Chelsea Schmidt, Montana State Community
relations gave the presentation for the Good Neighbor Committee, a town and gown
collaboration between the City of Bozeman and Montana State University. Staff and the
Commission discussed incentives.
0:21:24 2. Firefighter Swearing in Ceremony
Mayor Becker officiated the Oaths of office to new Firefighters Thaddens Josephson and
Jonathan Paulson.
0:25:46 H. Action Items
0:25:51 1. Conditional Use Permit for a Building Addition and an Exterior Patio to
allow Serving Area Expansion for On-premise Alcohol Consumption, and a Certificate of
Appropriateness to allow an Addition to the existing restaurant at 115 North Bozeman
Avenue, Application Z13125, Dave's Sushi (Quasi-Judicial) (Brekke)
0:26:16 Allyson Brekke, Neighborhood Planner
Ms. Brekke gave the staff presentation regarding a Conditional Use Permit for a Building
Addition and an Exterior Patio to allow Serving Area Expansion for On-premise Alcohol
Consumption, and a Certificate of Appropriateness to allow an Addition to the existing restaurant
at 115 North Bozeman Avenue, Application Z13125, Dave's Sushi.
0:28:38 Commission Questions for staff
The Commission and Staff discussed parking in the property location.
0:30:00 Applicant Presentation
The Applicant gave the applicant presentation regarding a Conditional Use Permit for a Building
Addition and an Exterior Patio to allow Serving Area Expansion for On-premise Alcohol
Consumption, and a Certificate of Appropriateness to allow an Addition to the existing restaurant
at 115 North Bozeman Avenue, Application Z13125, Dave's Sushi.
0:30:24 Questions for Applicant
Discussion took place regarding the abandoned car beside the proposed location.
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0:30:46 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:31:03 Motion that having reviewed the application materials, considered public comment,
and considered all of the information presented, I hereby adopt the findings presented in
the staff report for application Z13125 and move to approve the conditional use permit
and certificate of appropriateness application with conditions and subject to all applicable
code provisions.
It was moved by Cr. Andrus, seconded by Deputy Mayor Krauss that having reviewed the
application materials, considered public comment, and considered all of the information
presented, I hereby adopt the findings presented in the staff report for application Z13125
and move to approve the conditional use permit and certificate of appropriateness
application with conditions and subject to all applicable code provisions.
0:31:33 Commission Discussion on the Main Motion
0:31:59 Vote on the Motion that having reviewed the application materials, considered
public comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for application Z13125 and move to approve the
conditional use permit and certificate of appropriateness application with conditions and
subject to all applicable code provisions.
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.
0:32:12 2. Resolution 4454, Establishing the Wastewater (Sewer) Service Rate For
Fiscal Year 2014 (Rosenberry) (per Commission final budget decision, the water rates will
not be increased for Fiscal Year 2014)
0:32:46 Anna Rosenberry, Administrative Services Director
Ms. Rosenberry gave the staff presentation regarding Resolution 4454, establishing the
Wastewater (Sewer) Service Rate for Fiscal Year 2014.
0:35:03 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
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0:35:06 Motion to approve Resolution 4454, establishing the sewer rate for fiscal year 2014
and fiscal year 2015.
It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to approve Resolution 4454,
establishing the sewer rate for fiscal year 2014 and fiscal year 2015.
0:35:24 Commission discussion on the Motion
0:36:05 Vote on the Motion to approve Resolution 4454, establishing the sewer rate for
fiscal year 2014 and fiscal year 2015.
Those voting Aye being Deputy Mayor Krauss, Crs. Mehl, Taylor, Andrus and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
0:36:58 Break
Mayor Becker declared a small break to set up for the next Action Item.
0:42:48 Back to order
Mayor Becker called the meeting back to order.
0:43:40 3. Solid Waste Rate Study and Recycling and Collection Station Business Case
Analysis (Continued from June 24th) (Woolard)
Public Service Director Craig Woolard gave the staff presentation regarding the solid Waste Rate
Study and Recycling and Collection Station Business Case Analysis. He highlighted current
processes and operations, the prior rate study and review of operations. Solid Waste
Superintendent Kevin Handlin highlighted the outcome of a review of current processes. Mr.
Woolard continued the presentation highlighting the proposed rate changes, changes in recycling
program and a possible consolidation station.
0:58:40 Commission Questions for staff.
The Commission, staff and the Consultant spoke regarding hauling garbage vs tipping, the size
of totes, cost of services, costs of hauling, adjustments in collection processes, commercial
dumpsters and roll offs.
1:25:40 Public Comment
Mayor Becker opened public comment.
1:26:02 Wolf, Public Comment
Wolf stated that is seems to him that the City is losing money. He spoke regarding competition
and the need to be fair.
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1:29:07 Public Comment closed.
Mayor Becker closed public comment.
1:29:12 Motion that having reviewed the reports, considered public comment and staff
analysis, I move to accept the Solid Waste Rate Study prepared by SAIC and direct staff to
return to the Commission on August 5, 2013 with a resolution to implement the rates for
fiscal year 2014 and 2015 as specified in this report.
It was moved by Cr. Mehl, seconded by Cr. Taylor that having reviewed the reports,
considered public comment and staff analysis, I move to accept the Solid Waste Rate Study
prepared by SAIC and direct staff to return to the Commission on August 5, 2013 with a
resolution to implement the rates for fiscal year 2014 and 2015 as specified in this report.
1:29:46 Commission discussion on the Motion
The Commission discussed the rates compared to tote sizes, the commercial collection, staying
competitive, incentivizing and investigating income qualifiers.
1:47:58 Vote on the Motion that having reviewed the reports, considered public comment
and staff analysis, I move to accept the Solid Waste Rate Study prepared by SAIC and
direct staff to return to the Commission on August 5, 2013 with a resolution to implement
the rates for fiscal year 2014 and 2015 as specified in this report.
Those voting Aye being Crs. Mehl, Taylor, Andrus, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
1:48:22 Continued Staff presentation
Mr. Woolard continued the staff presentation regarding recycling, current operations, and model
operations.
1:59:10 Commission questions for Staff
The Commission and staff discussed having lids on recycling bins, glass and paper bags, single
stream of trash, contamination, administrative overhead costs, universal costs, and efficiency,
2:17:27 Public Comment
Mayor Becker opened public comment.
2:17:41 Wolf, Public Comment
Wolf spoke regarding recovering costs.
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2:19:55 Sharon Anholt, Public Comment
Ms. Anholt spoke regarding her love of single stream recycling, and spoke in favor of covered
bins and the need for smaller options.
2:21:24 Karen Jennings, Public Comment
Ms. Jennings stated that she is a current user and that a 95 gallon is too large. A 35 gallon would
be better.
2:21:56 Public Comment closed.
Mayor Becker closed public comment.
2:22:08 Continued questions for Staff
The Staff discussed the difficulties of 35 gallon bins wedging and the need to investigate larger
totes and the purpose of solid waste being an enterprise fund,
2:26:40 Motion that having reviewed the reports, considered public comment and staff
analysis, I move to accept the business case assessment for single stream recycling prepared
by SAIC and direct staff to implement a subscription based single stream recycling
program and return to the Commission by the end of September with a final
recommendation for rates and an implementation plan.
It was moved by Cr. Mehl, seconded by Cr. Taylor that having reviewed the reports,
considered public comment and staff analysis, I move to accept the business case
assessment for single stream recycling prepared by SAIC and direct staff to implement a
subscription based single stream recycling program and return to the Commission by the
end of September with a final recommendation for rates and an implementation plan.
2:27:10 Commission discussion on the Motion
The Commission discussed cost of service, an implementation plan, subscription based sign up,
the single stream recycling system, comparisons of weekly vs bi-weekly pickup, options and
solutions, the need to look at a bigger plan, and changes in the market.
2:37:28 Vote on the Motion that having reviewed the reports, considered public comment
and staff analysis, I move to accept the business case assessment for single stream recycling
prepared by SAIC and direct staff to implement a subscription based single stream
recycling program and return to the Commission by the end of September with a final
recommendation for rates and an implementation plan.
Those voting Aye being Crs. Mehl, Taylor, Andrus, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
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2:38:00 Break
Mayor Becker declared a break.
2:50:51 Meeting called back to order
Mayor Becker called the meeting back to order.
2:51:31 Continued staff presentation
Mr. Woolard presented the discussion on a possible consolidation station, current collection
processes, the proposed location, the aesthetic look of the building, cost estimates, estimated cost
savings and growth rates.
3:06:20 Commission questions for Staff
The Commission and staff discussed the time frame of the proposed location, the current
buildings purpose, growth estimates, intersection improvements and triggers for improvements,
the proposed amount of truck traffic, MSU affiliation and increased activity by the City in the
past in conjunction with road improvements.
3:32:31 Public Comment
Mayor Becker opened public comment.
3:33:05 Betty Strook, Public Comment
Ms. Strook supports the transfer station, however she feels that the existing landfill is the wrong
location. It needs to be put in an industrial neighborhood like the Mandeville property.
3:37:33 Wolf, Public Comment
Wolf spoke regarding his concerns of hazards in the building and safety issues.
3:40:51 Sharyn Anhalt, Public Comment
Ms. Anhalt stated that she is looking forward to this site being closed and the road can't handle
traffic. She feels that the study is incomplete. She urged the Commission to look at building a
long term solution.
3:44:43 Lee Pool. Public Comment
Mr. Pool stated that he toured the site and that the Public Services director is doing the best that
he can with the property that is there however there are some problems at the existing site.
3:47:39 Paul (in-audible last name), Public Comment
Paul spoke regarding his concern of the speed of traffic, trip generation, noise and dips in the
current road.
3:50:59 Karen Jennings, Public Comment
Ms. Jennings stated that she is part of the Home Owners Association and is in favor of the station
but that the location proposed in not an appropriate location.
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3:52:59 Bill Bernard, Public Comment
Mr. Bernard spoke regarding past efforts to shut down the landfill.
3:55:03 Phil Rostad, Public Comment
Mr. Rostad urged that an alternate route be made to get trucks out of there.
3:56:38 Paul Rugheimer, Public Comment
Mr. Rugheimer agrees with concept but feels that this is the wrong site.
3:59:43 Peter Rugheimer, Public Comment
Mr. Rugheimer spoke regarding his concern of the existing bridge and concerns about the safety.
This is not an appropriate road for semi trucks.
4:04:20 Dane Gamble, Public Comment
Mr. Gamble spoke regarding renting equipment instead of purchasing, carbon foot print
reductions and safety issues of un-heated buildings.
4:08:38 Joan Rostead, Public Comment
Ms. Rostead stated the Commission has he political will to do the right thing.
4:09:50 Brendan Kalahiar, Public Comment
Mr. Kalahiar spoke regarding his investment in a home near the landfill which he thought was
closed. This has impacted his dreams.
4:12:06 Ms. McGinny, Public Comment
Ms. McGinny spoke regarding semi costs and trip generations. She spoke regarding wildlife on
Story Mill.
4:14:30 Public Comment closed
Mayor Becker closed public comment.
4:14:36 Commission Discussion
The Commission and staff discussed site locations, cost estimates of construction, cleaning of the
facility, costs of tractor trailer and increased truck traffic and flooding impacts.
4:45:16 Motion that having reviewed the reports, considered public comment and staff
analysis, I move to continue the business case assessment for solid waste consolidation
station prepared by SAIC and direct staff to initiate design of the facility and return to the
Commission with a final cost estimate when design is complete. (Motion does not include the
potential sale of the property per Mehl)
It was moved by Cr Mehl , seconded by Cr. Taylor that having reviewed the reports,
considered public comment and staff analysis, I move to continue the business case
assessment for solid waste consolidation station prepared by SAIC and direct staff to
initiate design of the facility and return to the Commission with a final cost estimate when
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design is complete and consideration of additional issues. (Motion does not include the
potential sale of the property per Mehl)
4:46:00 Discussion on the motion
The Commission discussed the costs of a facility.
4:48:21 Amendment to the Motion to read: "…continue the business case assessment for
solid waste consolidation station prepared by SAIC and direct staff to consider the
questions raised in the discussion tonight and return to the Commission with a final
proposal. (no further work on the cost of the building except Cr. Mehl's additional issues
listed in prior motion).
It was moved by Cr. Taylor, seconded by Cr.Andrus to Amend the Motion to read:
"…continue the business case assessment for solid waste consolidation station prepared by
SAIC and direct staff to consider the questions raised in the discussion tonight and return
to the Commission with a final proposal. (no further work on the cost of the building except
Cr. Mehl's additional issues listed in prior motion).
4:48:53 Discussion on the Amendment
4:52:18 Vote on the Amendment to Amend the Motion to read: "…continue the business
case assessment for solid waste consolidation station prepared by SAIC and direct staff to
consider the questions raised in the discussion tonight and return to the Commission with a
final proposal. (no further work on the cost of the building except Cr. Mehl's additional
issues listed in prior motion).
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.
4:52:59 Commission Discussion
4:57:37 Vote on the Main Motion as amended to that having reviewed the reports,
considered public comment and staff analysis, I move to continue the business case
assessment for solid waste consolidation station prepared by SAIC and direct staff to
initiate design of the facility and return to the Commission with a final cost estimate when
design is complete and consideration of additional issues. (Motion does not include the
potential sale of the property per Mehl)
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Becker
Those voting No being Deputy Mayor Krauss.
The motion passed 4-1.
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4:58:08 5. Appointment to the Zoning Commission (Brunckhorst)
4:58:23 Motion and Vote to appoint Adam Fruh and Julien Morice to the Zoning
Commission.
It was moved by Cr. Taylor, seconded by Cr. Mehl to appoint Adam Fruh and Julien
Morice to the Zoning Commission.
Those voting Aye being Crs. Taylor, Mehl. Andrus, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
4:58:39 4. Appointment to the Streamline/Galavan Advisory Board (Brunckhorst)
4:58:45 Motion and Vote to appoint Cr. Andrus to the Streamline/Galavan Advisory
Board.
It was moved by Cr. Mehl. seconded by Cr. Taylor to the Streamline/Galavan Advisory
Board.
Those voting Aye being Cr. Mehl, Taylor, Andrus, Deputy Mayor Krauss and Mayor
Becker.
The voting No being none.
The motion passed 5-0.
4:59:51 I. FYI/Discussion
1. TOP Committee update
2. Variances and Deviations
5:01:11 J. Adjournment
The meeting was adjourned at 11:05 p.m.
____________________________________
Sean A. Becker, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
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PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________
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