HomeMy WebLinkAbout03-03-14 City Commission MinutesPage 1 of 11
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, March 3, 2014
Mayor - Jeff Krauss: Present
Deputy Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present
Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk
Stacy Ulmen.
A. 06:00:57 PM Call to Order – 6 p.m. – Commission Room, City Hall, 121 North
Rouse
Mayor Krauss called the meeting to order at 6 p.m.
B. 06:00:59 PM Pledge of Allegiance and a Moment of Silence
C. 06:01:57 PM Changes to the Agenda
City Manager Chris Kukulski suggested that the Special Presentation Item be
moved later in the Agenda. The Mayor agreed and placed it after Action Item No.
3.
D. 06:02:43 PM Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize the South 15th Avenue Public Street and Utility Easement for
Alder Creek Phase 5 (Murray)
3. Authorize South University District Release and Reconveyance of Public
Access and Utility Easements (Johnson)
4. Approve Resolution 4515, Dissolving the Community Alcohol Coalition
(Brunckhorst)
5. Approve Bozeman’s Certified Local Government Grant Contract for
2014-2015 (Kramer)
6. Approve Grant application to Montana History Foundation for City
Archives Project (Kramer)
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7. Approve Uniform Application for $2.135 Million State Loan for Design
and Installation of a Gas Remediation System at the Story Mill Landfill
(Rosenberry)
8. Accept the Housing Affordability Quarterly Report (Thomas)
9. Acknowledge the Annual Report of the Board of Ethics (Brunckhorst)
10. Provisionally Adopt Ordinance 1884 approving the Oak Meadows II Zone
Map Amendment to rezone existing R-4 (Residential High Density) to B-2
(Community Business), south of Oak Street between 12th and 14th
Avenues, Application Z13175 (Rogers)
06:02:53 PM Public Comment
Mayor Krauss opened public comment on the Consent agenda.
06:03:10 PM Wolf, Public Comment
Mr. Wolf spoke regarding his concern of Consent No. 7, Approval of the Uniform
Application for $2.135 Million State Loan for Design and Installation of a Gas
Remediation System at the Story Mill Landfill.
06:06:23 PM Rick Gale, Public Comment
Mr. Gale stated that he is a former member of the Board Community Alcohol Coalition.
He spoke regarding his involvement on the Gallatin County DUI Task Force and
Community Coalition on Drug Awareness. They stand to serve the City Commission as a
resource.
06:07:11 PM Public Comment closed
Mayor Krauss closed public comment.
06:07:26 PM Motion and Vote to approve Consent Items D. 1-10 as submitted.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
E. 06:07:58 PM Public Comment
Mayor Krauss opened general public comment.
06:08:39 PM Dan Lori, Public Comment
Mr. Lori spoke in support of a Non-Discrimination Ordinance.
06:11:46 PM Ted Ethridge, Public Comment
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Mr. Ethridge spoke regarding his concern of a Non-Discrimination Ordinance.
06:14:52 PM Shawn Shayhan, Public Comment
Mr. Shayhan spoke regarding his project called Lindley Park Place and invited the
Commission to an open house next week. He also thanked Staff Planner Doug Riley.
06:16:10 PM Nena Grey, Public Comment
Ms. Grey spoke in support of a Non-Discrimination Ordinance.
06:18:24 PM Susan Gianforte, Public Comment
Ms. Gianforte spoke regarding the Arizona Religious Freedom Act. She spoke against a
Non-Discrimination Ordinance.
06:21:02 PM Kendra Nevin, Public Comment
Ms. Nevin spoke in support of a Non-Discrimination Ordinance. She has faced
prejudices. Equal protection is a good idea.
06:24:04 PM Zane Williamson, Public Comment
Mr. Williamson spoke against a proposed Non-Discrimination Ordinance.
06:26:49 PM Wolf, Public Comment
Wolf read the Montana and Federal Constitution in regards to discrimination.
06:30:03 PM Debbie Alteros, Public Comment
Ms. Alteros spoke against the Non-Discrimination Ordinance.
06:33:06 PM Daniel Holdin, Public Comment
Mr. Holdin stated that he is discouraged about hate mail and urged that there needs to be
a dialog and a conversation about this.
06:34:27 PM Aubrey Wall, Public Comment
Ms. Wall stated that the ASMSU Senate passed a resolution supporting the Commission
drafting a Non-Discrimination Ordinance.
06:35:36 PM Steve Kirchoff, Public Comment
Spoke regarding slavery and labeling.
06:39:28 PM Dave Ponte, Public Comment
Mr. Ponte spoke against a Non-Discrimination Ordinance.
06:42:40 PM Trina Carley, Public Comment
Ms. Carley stated that she is concerned about the bathroom thing.
06:44:36 PM Karen O’Locko, Public Comment
Ms. O’Locko spoke against a Non-Discrimination Ordinance.
06:46:15 PM Luke Murdock, Public Comment
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Mr. Murdock stated that he wonders where this type of Ordinance would stop and it
concerns him as a business owner.
06:47:43 PM Public Comment closed.
Mayor Krauss closed public comment.
06:47:57 PM Rules of Procedure suspended
Mayor Krauss stated that the Commission will have a discussion on this item. The Mayor
and Deputy Mayor are seeking a framework to discuss.
06:48:55 PM Deputy Mayor Taylor
Deputy Mayor Taylor spoke regarding the research that he has done thus far. He is
looking at items nationally and also attended the recent ASMSU discussion on the item.
06:53:23 PM Mayor Krauss
Mayor Krauss spoke regarding the Ordinance passed in Salt Lake City. He spoke
regarding free exercise. There will be some kind of draft to discuss and it is anticipated
that the discussion will occur in May sometime.
06:57:15 PM Rules Unsuspended
06:57:34 PM Break
Mayor Krauss declared a break.
07:08:24 PM Meeting called back to order
F. 07:08:34 PM Action Items
1. 07:08:36 PM Commission Resolution 4514, Creation of Special
Improvement Lighting District No. 717 for Norton East Ranch
Subdivision Phase IIA (Rosenberry)
07:08:38 PM Staff Presentation
Administrative Services Director Anna Rosenberry gave the staff presentation for
Commission Resolution 4514, Creation of Special Improvement Lighting District No.
717 for Norton East Ranch Subdivision Phase IIA.
07:11:14 PM Commission Questions of Staff
The Commission and Staff discussed LED lights, height concerns and current
Engineering standards.
07:15:17 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
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07:15:31 PM Motion to approve Resolution 4514 creating Special Improvement
Lighting District 717 for Norton East Ranch Subdivision Phase IIA.
Commissioner - Cynthia Andrus: Motion
Deputy Mayor - Carson Taylor: 2nd
07:15:49 PM Commission Discussion on the Motion
The Commission discussed urging LED lighting and that LED lighting has been added to
the Commission’s Goal list for the year.
07:17:36 PM Vote on the Motion to approve Resolution 4514 creating Special
Improvement Lighting District 717 for Norton East Ranch Subdivision Phase IIA.
Commissioner - Cynthia Andrus: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
2. 07:17:52 PM Construction agreement with Montana Department of
Transportation for the College Street from Main to South 19th Project
(Woolard)
07:18:17 PM Staff Presentation
Rick Hixson, City Engineer gave the staff presentation regarding the Construction
agreement with Montana Department of Transportation for the College Street from Main
to South 19th Project.
07:19:52 PM Mayor Krauss took from the table the motion made to table this matter on
January 27, 2014 by Deputy Mayor Taylor and seconded by Commissioner Andrus.
The Commission agreed with the Mayor’s action of taking the motion from January 27
th
off the table for discussion.
07:20:09 PM Continued Staff Presentation
A representative from the Montana Department of Transportation gave an overview of
the project. A neighborhood meeting took place an all agreed to items that were of
concern.
07:30:22 PM Commission Questions for Staff
The Commission and Staff discussed roundabout, operational flaws, bridge and signage
issues.
07:33:28 PM Public Comment
Mayor Krauss opened public comment.
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07:34:00 PM Daniel Holden, Public Comment
Mr. Holden spoke regarding the College and Main Intersection wondered if an infrared
lighting will be installed.
07:34:33 PM Public Comment closed
Mayor Krauss closed public comment.
07:34:37 PM Follow up on Public Comment
The MDT representative confirmed that a radar activated system will be installed.
07:35:04 PM Motion to approve the Construction agreement with Montana
Department of Transportation for the College Street - Main to 19th Project.
Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
07:35:25 PM Commission discussion on the Motion.
The Commission stated that it appears that the issues have been worked out that were
risen at the last meeting.
07:35:39 PM Vote on the Motion to approve the Construction agreement with Montana
Department of Transportation for the College Street - Main to 19th Project.
Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
3. 07:35:58 PM Meadow Creek Phase 1 Subdivision Preliminary Plat
Application to subdivide 13 existing lots to create 42 single-household
residential lots with a variance from wetland setback standards in the
Bozeman Municipal Code, property located at the intersection of
Goldeneye Drive and South 27th Avenue, Application P13046 (Quasi-
Judicial) (Rogers)
07:36:38 PM Staff Presentation
Tom Rogers, Staff Planner gave the Staff presentation regarding Meadow Creek Phase 1
Subdivision Preliminary Plat Application to subdivide 13 existing lots to create 42 single-
household residential lots with a variance from wetland setback standards in the Bozeman
Municipal Code, property located at the intersection of Goldeneye Drive and South 27th
Avenue, Application P13046.
07:50:28 PM Commission questions for Staff
The Commission and staff discussed the wetland setbacks, the depth of lots, 27
th
street
and wetland mitigation.
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07:54:26 PM Applicant Presentation
The Applicant representative gave the applicant presentation for Meadow Creek Phase 1
Subdivision Preliminary Plat Application to subdivide 13 existing lots to create 42 single-
household residential lots with a variance from wetland setback standards in the Bozeman
Municipal Code, property located at the intersection of Goldeneye Drive and South 27th
Avenue, Application P13046.
07:58:42 PM Commission Questions for Applicant.
The Commission and the Applicant discussed compliance with Condition No. 25, trail
setbacks and building setbacks.
08:07:16 PM Public Comment
Mayor Krauss opened public comment.
08:07:27 PM Kevin Thane, Public Comment
Mr. Thane stated that he is the President of the HOA for the Meadow Creek Subdivision.
He doesn’t feel they have had adequate time to discuss this. One item of concern is the
aesthetics of 27
th
Avenue. The Homeowners are not in favor. They also have storm water
questions.
08:10:53 PM Public Comment
Mayor Krauss closed public comment.
08:11:00 PM Motion that having reviewed the application materials, considered
public comment, and the staff analysis, I hereby adopt the findings presented in the
staff report for application P13046 and move to approve the requested variance to
Chapter 38 of the Bozeman Municipal Code Section 38.23.100.A.2.c, to allow the
encroachment into the required wetland setback.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:11:48 PM Commission Discussion on the motion
The Commission discussed geographical issues, wetlands and evaluation criteria.
08:17:55 PM Vote on the Motion that having reviewed the application materials,
considered public comment, and the staff analysis, I hereby adopt the findings
presented in the staff report for application P13046 and move to approve the requested
variance to Chapter 38 of the Bozeman Municipal Code Section 38.23.100.A.2.c, to
allow the encroachment into the required wetland setback.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
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Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
08:18:08 PM Motion that having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application P13046 and move to approve the Amended
Plat of Meadow Creek Phase I Subdivision with conditions and subject to all applicable
code provisions.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:18:28 PM Commission discussion on the Motion
08:19:54 PM Vote on the Motion that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the
findings presented in the staff report for application P13046 and move to approve the
Amended Plat of Meadow Creek Phase I Subdivision with conditions and subject to all
applicable code provisions.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
F. 08:20:58 PM Special Presentation – State of the Stormwater Utility (Heaston)
08:21:07 PM Introduction of Water Conservation Specialist Lain Leoniak
Public Works Director Craig Woolard introduced new Water Conservation Specialist
Lain Leoniak.
08:24:16 PM Staff Presentation of the State of the Stormwater Utility
Kyle Mehrens, GIS Technician, John Alston, Water and Sewer Superintendent and Craig
Woolard, Public Works Director gave the Staff presentation for the Stormwater Utility.
08:48:04 PM Commission Questions for Staff
The Commission and Staff discussed Bozeman Creek, storm drains, how to deal with
Tributaries, efforts with rain drums, western discharge areas, retention ponds, identifying
infrastructure and failed permitting.
09:03:40 PM Public Comment
Mayor Krauss opened public comment.
09:03:47 PM Kevin Thane, Public Comment
Mr. Thane spoke regarding the public education piece component of this item
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09:05:29 PM Montana Department of Environmental Quality Representative, Public
Comment
The MDEQ representative stated that he is with the MDEQ water bureau and stated that
this program is very important to the department.
09:07:50 PM Public Comment Closed
Mayor Krauss closed public comment.
09:08:01 PM Commission discussion
The Commission discussed starting to fix infrastructure, starting with Bozeman Creek
first, downtown and thinking about the future as well as the present.
09:15:46 PM Staff Summary
Staff stated that three items to be discussed further are Capital Investments, Personnel
costs and Operation and Maintenance costs. Staff will provide information of what it will
cost to do the entire project and where the costs will be allocated around town.
4. 09:16:46 PM Appointment to the Economic Development Council
(Brunckhorst)
09:16:55 PM Motion and Vote to appoint Rebecca Mahurin to the Economic
Development Council.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
5. 09:17:40 PM Appointments to the Zoning Commission (Brunckhorst)
(Materials revised on 2-28-14)
09:17:43 PM Motion to appoint Laura Dornberger and Dan Stevenson to the Zoning
Commission.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
09:18:01 PM Commission Discussion
The Commission discussed other positions some of the other applicants currently hold.
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09:20:16 PM Vote on the Motion to appoint Laura Dornberger and Dan Stevenson to
the Zoning Commission.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
H. 09:20:38 PM FYI/Discussion
09:20:41 PM TOPS Project Scheduling
Cr. Andrus would like the TPL TOPS project left on March 24
th.
It is ready to go and not
fair to the applicant to postpone it. An Action item will be added to March 17
th
for the
Commission to vote adding the TPL TOPS project to the March 24
th
Agenda.
09:30:56 PM Public Meetings
Mr. Kukulski announced that there is a public meeting on Soil Gas at the Holiday Inn at
6:30 p.m. tomorrow night. Thursday night at City Hall at 6:30 p.m. is a public meeting
regarding the Story Street reconstruction and SID discussion
09:31:37 PM Commission Goals
This item is on the March 24, 2014 Agenda.
The March 10th City Commission meeting has been canceled.
I. 09:35:31 PM Adjournment
Mayor Krauss adjourned the meeting at 9:35 p.m.
______________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
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Approved on ___________________________
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