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HomeMy WebLinkAbout03-03-2014 Minutes, City Commission 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) a 2. Authorize the South 15th Avenue Public Street and Utility Easement for Alder Creek Phase 5 (Murray) 91-a 3. Authorize South University District Release and Reconveyance of Public Access and Utility Easements (Johnson) 7�a 4. Approve Resolution 4515, Dissolving the Community Alcohol Coalition (Brunckhorst) 1-a 5. Approve Bozeman's Certified Local Government Grant Contract for 2014-2015 (Kramer) 7 a 6. Approve Grant application to Montana History Foundation for City Archives Project(Kramer) `-�a Page 1 of 11 Bozeman City Commission Minutes, March 3, 2014 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) "-a 8. Accept the Housing Affordability Quarterly Report (Thomas) K1-a 9. Acknowledge the Annual Report of the Board of Ethics (Brunckhorst) a 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) 11 a 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 Ta l�pprove 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. Page 2 of 11 Bozeman City Commission Minutes, March 3, 2014 06:11:46 PM Ted Ethridge, Public Comment 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. Page 3 of 11 Bozeman City Commission Minutes, March 3, 2014 06:46:15 PM Luke Murdock, Public Comment 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'�Y-a(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. Page 4 of 11 Bozeman City Commission Minutes, March 3, 2014 07:15:31 PM Motion to approve Resolution 4514 creating Special Improvement Lighting District 717 for Norton East Ranch Subdivision Phase ILA. 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 ILA. Commissioner - Cynthia Andrus: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Approve DeputyMUor - Carson Taylor: pprove 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) �-a 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°i 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. Page 5 of It Bozeman City Commission Minutes, March 3, 2014 07:33:28 PM Public Comment Mayor Krauss opened public comment. 07:34:00 PM Daniel Holden,Public Comment Mr. Holden spoke regarding the College and Main Intersection wondered if an infrared Iighting 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) "-a 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 Page 6 of 11 Bozeman City Commission Minutes, March 3, 2014 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, 271" street and wetland mitigation. 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«' 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 Page 7 of 11 Bozeman City Commission Minutes, March 3, 2014 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 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) I_<- 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. Page 8of11 Bozeman City Commission Minutes, March 3, 2014 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 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)�-a 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 Page 9 of 11 Bozeman City Commission Minutes, March 3, 2014 5. 09:17:40 PM Appointments to the Zoning Commission(Brunckhorst) G (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. 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 Ta l�pprove 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"' It is ready to �o and not fair to the applicant to postpone it. An Action item will be added to March 17`' for the Commission to vote adding the TPL TOPS project to the March 24"' 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 1 Oth City Commission meeting has been canceled. I. 09:35:31 PM Adjournment Mayor Krauss adjourned the meeting at 9:35 p.m. Page 10 of 11 Bozeman City Commission Minutes, March 3, 2014 Jef • y . Kra4ss, Mayor e ATTEST: r � a _ Stacy 1 �MC;Cfty CierkC PREP AR B �� Stacy lm ity Clerk Approved on RD)4 Page 11 of 11