HomeMy WebLinkAbout04-07-14 Minutes, City Commission draft
Page 1 of 13
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
The minutes linked to the video for this meeting can be found here online.
Monday, April 7, 2014
Mayor - Jeff Krauss: Present Deputy Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present
Table of Contents
A. 05:04:17 PM Call to Order – 5:00 p.m. – Commission Room, City Hall, 121
North Rouse Mayor Krauss called the meeting to order at 5:04 p.m.
B. 05:04:28 PM Pledge of Allegiance and a Moment of Silence
C. 05:05:44 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to
the agenda. Mr. Kukulski stated that Action Item 1 has been requested to be
continued to May 5th per the Applicant.
D. 05:06:32 PM Minutes – March 24, 2014 05:06:36 PM Motion and Vote to approve the minutes from March 24, 2014 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. 05:06:59 PM Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
5
Bozeman City Commission Minutes, April 7, 2014
Page 2 of 13
2. Authorize the Director of Public Works to approve the Amended Plat of
Lot 1, Block 4, Meadow Creek Phase 1 Major Subdivision Final Plat,
Application P14002 (Cooper) 3. Authorize the Director of Public Works to approve the South University District Phase I Minor Subdivision Final Plat, Application P14014
(Cooper)
4. Authorize Cooperative Agreement between Bozeman Fire Department and the State of Montana, Department of Natural Resources and Conservation
Central Land Office, Bozeman Unit (Shrauger)
5. Authorize Findings of Fact and Order for the Amended Plat of Meadow
Creek Phase 1 Major Subdivision Preliminary Plat, Application P13046
(Rogers)
6. Ratify the City Manager’s signature on a planning and local technical
assistance grant application to the U.S. Economic Development
Administration, U.S. Department of Commerce (Fine) 7. Ratify the City Manager’s signature on a Big Sky Trust Fund Category II
Planning Project Grant Application (Fine)
8. Approve a special Beer and Wine Permit for Bridger Care to have a Non-
Profit Fundraising Event (Goodwin)
9. Approve Resolution 4518 to Donate Equipment from the old Water
Treatment Plant to the Town of White Sulphur Springs, Rural Water and
the Montana Department of Environmental Quality (Woolard) 10. Award Bid to Stahly Engineering & Associates Inc., for the Lindley Park
Recreational Building Tier I Structural Assessment Project in the amount
of $5,000 (Goehrung) 11. Provisionally Adopt Ordinance 1886 approving the Tandem Zone Map
Amendment to amend the zoning designation of R-3 (Residential Medium
Density District) to B-2 (Community Business District) on 0.446 acres, at
601 West Villard Street, Application Z13294 (Saunders)
05:07:03 PM Public Comment on the Consent Items.
Mayor Krauss opened public comment on the Consent Items.
No person commented.
Mayor Krauss closed public comment. 05:07:15 PM Motion and Vote to approve Consent Items E. 1-11 as submitted.
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
6
Bozeman City Commission Minutes, April 7, 2014
Page 3 of 13
F. 05:07:39 PM Public Comment
Mayor Krauss opened general public comment.
05:08:16 PM Reverend Roxanne Klingensmith, Public Comment
Ms. Klingensmith spoke in favor of a Non-discrimination Ordinance.
05:09:16 PM David Cooke, Public Comment
Mr. Cook stated that he is a member of the Parks and Recreation Board and spoke regarding the TOPs application. He doesn’t feel the 100ft frontage is needed at this time.
05:11:34 PM Kim Murphy, Public Comment
Ms. Murphy spoke against a Non-discrimination Ordinance.
05:13:19 PM Penelope Pierce, Public Comment
Ms. Pierce representing the Gallatin Valley Land Trust spoke in support of the purchase
of the property for the proposed sports complex.
05:15:10 PM Rosalynn Koch, Public Comment Ms. Koch spoke in favor of the sports park TOPs project.
05:16:18 PM Andy Holleran, Public Comment
Mr. Holleran spoke in support of the sports park TOPs project.
05:18:18 PM Rabbi Esteban, Public Comment
Rabbi Esteban spoke in support of a Non-discrimination Ordinance.
05:20:45 PM Paul Rochelle, Public Comment
Mr. Rochelle spoke against the proposed sports complex. 05:21:45 PM Kelly Winters, Public Comment
Ms. Winters stated that she is heartbroken over treatment of the GVLT/Gay/Transgender
community and spoke in support of a Non-discrimination Ordinance.
05:23:31 PM Karen Phillips, Public Comment
Ms. Phillips spoke in support of the sports park TOPs project.
05:24:18 PM Phil Rotherham, Public Comment
Mr. Rotherham spoke in supports of the creation of the sports fields.
05:26:34 PM Jordon Warner, Public Comment
Mr. Warner spoke in support of the sports park TOPs project.
05:29:17 PM Brody Simkins, Public Comment Mr. Simkins spoke in support of the sports park TOPs project.
05:31:03 PM Andy Danna, Public Comment
Mr. Danna spoke in support of the sports park TOPs project.
7
Bozeman City Commission Minutes, April 7, 2014
Page 4 of 13
05:32:46 PM Darian Peterson, Public Comment
Mr. Peterson stated that it is hard to find places to practice. He spoke regarding current
fields with uneven ground and gopher holes. Teams could play tournaments and state championships at the new fields.
05:33:43 PM Loren Peck, Public Comment
Ms. Peck spoke regarding her concern of paying for sidewalks and sewer in the TOPs
sports park complex. She urged the commission to look at demographics. Go easy on the demographics. She spoke in support of the project.
05:35:40 PM Timothy LeHailey, Public Comment
Mr. LeHailey urged the Commission to do an objective survey truly want their money
spent on the sports park complex. 05:37:15 PM Ben Hietela, Public Comment
Mr. Hietela urged the Commission to listen to the community.
05:38:10 PM Smith Garrison, Public Comment Mr. Garrison stated that we need new fields because other kids from other communities
want to come to Bozeman and play.
05:38:40 PM Pete Copololo, Public Comment
Mr. Copololo urged the Commission to do this project right.
05:39:35 PM Patrick Lewis, Public Comment
Mr. Lewis spoke in support of the sports park TOPs project.
05:41:23 PM Bill Koch, Public Comment Mr. Koch asked if a Non-discrimination Ordinance falls into the proper role of
government
05:43:41 PM Joel Gainy, Public Comment
Mr. Gainy spoke in support of the Sports park TOPs project.
05:46:13 PM Mary Vant Hull, Public Comment
Ms. Vant Hull spoke regarding the Story Street traffic study numbers. It is peculiar to ask
property owners to pay 50 %.
05:48:36 PM John Sodaburg, Public Comment
Mr. Sodaburg spoke in support of a Non-discrimination Ordinance. The way we treat
each other can be summed up in two words: no bullying.
05:49:40 PM Megan Ross Kent, Public Comment
Ms. Kent urged the Commission to invest in the future.
8
Bozeman City Commission Minutes, April 7, 2014
Page 5 of 13
05:50:32 PM Ruegan Lewis McCan, Public Comment
Mr. McCan spoke in support of sports complex.
05:51:04 PM Elias Herman, Public Comment
Mr. Herman spoke in support of sports complex.
05:52:21 PM Public Comment closed.
Mayor Krauss closed public comment. G. Action Items
1. 05:55:43 PM Provisional Adoption of Ordinance 1885, ratifying the City
Manager’s signature on a purchase and sale agreement transferring ownership of the North Park property to Micropolitan Enterprises, LLC
and Powder River Company, LLC (Fontenot)
The majority of the Commission members stated that they would like a second appraisal obtained for this item.
05:57:25 PM Break
Mayor Krauss declared a break.
2. 06:07:40 PM Boulder Creek request to rezone approximately 0.67 acres
from R-2, Residential Two Household Medium Density District to R-4,
Residential High Density District; 0.21 acres from R-4, Residential High
Density District to R-2, Residential Two Household Medium Density
District; 0.15 acres from PLI, Public Lands and Institutions District to R-2, Residential Two Household Medium Density District and 1.35 acres from
R-2, Residential Two Household Medium Density District to PLI, Public
Lands and Institutions District for property generally located between
Durston Road and W. Oak Street (as extended), east of Laurel Parkway
and north of Annie Street (as extended), Application Z14030 (Riley)
06:08:01 PM Doug Riley, Staff Planner
Mr. Riley gave the staff presentation regarding the Boulder Creek request to rezone approximately 0.67 acres from R-2, Residential Two Household Medium Density District
to R-4, Residential High Density District; 0.21 acres from R-4, Residential High Density
District to R-2, Residential Two Household Medium Density District; 0.15 acres from
PLI, Public Lands and Institutions District to R-2, Residential Two Household Medium
Density District and 1.35 acres from R-2, Residential Two Household Medium Density District to PLI, Public Lands and Institutions District for property generally located
between Durston Road and W. Oak Street (as extended), east of Laurel Parkway and
north of Annie Street (as extended), Application Z14030.
9
Bozeman City Commission Minutes, April 7, 2014
Page 6 of 13
06:13:34 PM Commission questions for Staff
The Commission and staff discussed density and traffic studies.
06:15:20 PM Application Presentation The applicant representative stated that they have nothing else to add beyond Staff’s presentation.
06:15:46 PM Commission questions for Applicant.
The Commission did not have any questions for the Applicant. 06:15:48 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
06:15:56 PM Motion that having reviewed and considered the application materials,
public comment, the deliberations and recommendation of the Zoning Commission at
the March 18, 2014 Zoning Commission meeting and all the information presented, I hereby adopt the findings presented in the staff report for application Z14030 and move to approve the zone map amendment with contingencies.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
06:16:30 PM Commission Discussion on the Motion
The Commission discussed the contingencies.
06:17:31 PM Vote on the Motion that having reviewed and considered the application
materials, public comment, the deliberations and recommendation of the Zoning Commission at the March 18, 2014 Zoning Commission meeting and all the
information presented, I hereby adopt the findings presented in the staff report for
application Z14030 and move to approve the zone map amendment with contingencies. Commissioner - Chris Mehl: 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 3. 05:53:17 PM Continuation of public hearing for Westbrook Zone Map
Amendment, located northeast of the intersection of Durston Road and
Laurel Parkway, Application Z13296 (Saunders)
10
Bozeman City Commission Minutes, April 7, 2014
Page 7 of 13
05:53:31 PM Chris Saunders, Staff Planner
Mr. Saunders explained that due to time constraints the Commission is being asked to
continue this item to April 14th. The Applicant agrees with moving the item. 05:54:25 PM Public Comment on Action items 3 and 4
Mayor Krauss opened public comment on Action items 3 and 4.
No person commented.
Mayor Krauss closed public comment. 05:54:44 PM Motion and Vote that the public hearing for the Westbrook Zone Map
Amendment be continued to April 14, 2014.
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
4. Continuation of public hearing for Westbrook Major Subdivision
Preliminary Plat, located northeast of the intersection of Durston Road and
Laurel Parkway, Application P13047 (Saunders)
05:55:18 PM Motion and Vote that the public hearing for the Westbrook Major
Subdivision be continued to April 14, 2014. 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 5. 06:18:11 PM Resolution 4520, Declaring the intention to create Special
Improvement District 718 for the purpose of undertaking certain local
improvements to Story Street between South Church Avenue and South
Tracy Avenue and financing the costs thereof (Hixson) 06:19:03 PM Staff Presentation
Rick Hixson gave the staff presentation for Resolution 4520, declaring the intention to
create Special Improvement District 718 for the purpose of undertaking certain local
improvements to Story Street between South Church Avenue and South Tracy Avenue
and financing the costs thereof.
11
Bozeman City Commission Minutes, April 7, 2014
Page 8 of 13
06:37:38 PM Commission Questions for staff
The Commission and Staff discussed traffic counts, frontage, the current condition of
Story Street, methodology of costs and parking.
06:55:38 PM Public Comment
Mayor Krauss opened public comment.
06:55:59 PM Bob Chase, Public Comment
Mr. Chase stated that there is a need for a 5th method of calculation. He spoke regarding the amount of rentals in the hour.
07:00:25 PM Carol Detrick, Public Comment
Ms. Detrick spoke regarding young children in the area and the importance of keeping
open visibility in the area. She stated that there is a need to slow traffic down. 07:03:06 PM HP Hall, Public Comment
Mr. Hall stated that he does not agree with the traffic counts.
07:05:57 PM Mary Luo Turintine, Public Comment Ms. Turintine stated that she is against parking on two sides of the street.
07:07:35 PM Trevor McSpadden, Public Comment
Mr. McSpadden stated that he would like the Commission to adopt the Staff
recommendation for the method of charging. 07:08:32 PM Eddie Steinhaur, Public Comment
Mr. Steinhaur stated that his neighbors have concern of paying and with the parking on
side of the street.
07:10:04 PM Nyla Chandler, Public Comment
Ms. Chandler stated that the 50% responsibility is too much. She spoke regarding the
need of a four way stop and parking on both sides of the street.
07:11:50 PM Marjorie Chase, Public Comment Ms. Chase stated that parents use the street to pick up their kids at the neighbor school.
She does not support parking on two sides.
07:17:00 PM Mary Vant Hull, Public Comment
Ms. Vant Hull spoke regarding the farmers market traffic. 07:18:57 PM Public Comment Closed
Mayor Krauss closed public comment.
07:19:04 PM Commission questions for Staff The Commission and staff discussed methods of assessment, sidewalks, trees, impact fees
and timing of the traffic counts.
12
Bozeman City Commission Minutes, April 7, 2014
Page 9 of 13
07:21:23 PM Motion to approve Resolution 4520 declaring it to be the City's intention
to create Special Improvement District 718 for the purpose of financing local
improvements to East Story Street between South Church Avenue and South Tracy Avenue.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Cynthia Andrus: 2nd 07:21:51 PM Discussion on the Motion The Commission and Staff discussed traffic counts, methodology and parking.
07:44:47 PM Vote on the Motion to approve Resolution 4520 declaring it to be the
City's intention to create Special Improvement District 718 for the purpose of financing local improvements to East Story Street between South Church Avenue and South Tracy Avenue.
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 07:45:03 PM Break
Mayor Krauss called for a break.
6. 07:56:43 PM Resolution 4521, authorizing Allocation of up to $7,500,000 from the Trails, Open Space and Parks Bond Fund for a Bozeman Sports
Park (Overton)
07:57:02 PM Staff Presentation
Mitch Overton began the presentation and Jeff Graff presented Resolution 4521,
authorizing Allocation of up to $7,500,000 from the Trails, Open Space and Parks Bond
Fund for a Bozeman Sports Park.
08:28:22 PM Greg Sullivan, City Attorney
Mr. Sullivan explained his suggestion to amend the motion as listed on the agenda.
08:29:12 PM Commission questions for Staff
The Commission and staff discussed payback districts, Cottonwood, development to the
west, infrastructure, the ditch, flowing water and wells, matching funds, the formation of a Foundation to raise money, and the classification of streets.
08:54:17 PM Applicant Presentation
13
Bozeman City Commission Minutes, April 7, 2014
Page 10 of 13
The Applicant representatives gave the presentation for Resolution 4521, authorizing
Allocation of up to $7,500,000 from the Trails, Open Space and Parks Bond Fund for a
Bozeman Sports Park.
09:06:59 PM Public Comment
Mayor Krauss opened public comment.
09:07:15 PM Kevin Cook, Public Comment
Mr. Cook stated that this would be a great project for the City. He owns a hotel and this would bring people to Bozeman. This is a great piece of ground.
09:09:59 PM Tony Rich, Public Comment
Mr. Rich stated that he is the tournament director for Bozeman Blitz soccer and spoke in
support of this project. 09:11:14 PM Christopher Spogis, Public Comment
Mr. Spogis spoke regarding an alternative funding measure and his concerns of irrigating
80 acres of blue grass.
09:14:01 PM Anna Lisa Lewis, Public Comment
Ms. Lewis asked that the Commission approve the project.
09:14:42 PM Sandy Dodge, Public Comment
Mr. Dodge spoke in support of the project. 09:16:51 PM Tom Keck, Public Comment
Mr. Keck stated that the property is well suited. Additional playing fields are needed in
Bozeman.
09:20:31 PM Amy Stewart, Public Comment
Ms. Stewart spoke in support of the project.
09:21:24 PM David Marshall, Public Comment
Mr. Marshall stated that Bozeman is lacking a good sports facility and the benefits are huge with this project.
09:23:49 PM Paul Ruhbright, Public Comment
Mr. Ruhbright stated that it is all about the kids.
09:24:31 PM Chris Nixson, Public Comment
Mr. Nixson stated that now is the time to buy this land.
09:25:31 PM Public Comment closed
Mayor Krauss closed public comment.
14
Bozeman City Commission Minutes, April 7, 2014
Page 11 of 13
09:25:41 PM Motion that having considered public comment, materials presented by
staff, and the application and supporting documents from the Bozeman Soccer
Education Foundation and the Gallatin Valley Lacrosse League, I herby move to adopt
Resolution 4521 (as amended per City Attorney memo dated April 7, 2014) providing Trails, Open Space and Parks Bond funding for the Bozeman Sports Park in an amount not to exceed $7,500,000; allocating up to $2,100,000 for the acquisition of up to approximately 80 acres and allocating up to $2,500,000 for infrastructure
improvements, with the remainder to be allocated for park development and
construction as identified through a future park master plan.
Commissioner - Cynthia Andrus: Motion
Deputy Mayor - Carson Taylor: 2nd 09:26:40 PM Commission discussion on the Motion The Commission discussed maintenance, matching funds, water concerns, economic impacts, infrastructure funding, payback districts and Cottonwood improvements.
09:56:18 PM Amendment to the Main Motion to create a payback district for the 3
streets, not including Cottonwood at this time, and give the ditch funds (if relocation of the ditch does not occur) to Cottonwood or to the fields, depending on the completion of the Master Plan with the Friendly amendment that the money be held in reserve for
Cottonwood with the Commission directing when improvements occur or at the time
that the west side develops. (Amendment clarified in discussion).
Commissioner - Chris Mehl: Motion
Deputy Mayor - Carson Taylor: 2nd
09:56:50 PM Commission discussion on the Amendment
The Commission discussed the funding amounts and the amount of a payback.
10:02:10 PM Rules suspended
Mayor Krauss suspended the rules.
10:02:14 PM Continued Discussion
10:02:48 PM Clarification on the Amendment to the Main Motion
The Commission clarified the motion stating that the payback districts will occur at the
time that the roads are constructed to the maximum extent the City can, no allocation of
direct funds for Cottonwood at this time, however if the Master Plan indicates that Cottonwood needs to be done, at some point it would come back to the Commission and
the funds would be re-allocated for Cottonwood, lowering the up-to amount for
infrastructure, the money for Cottonwood (the local share) will go into fields, and the
funding for the relocation of the creek if not used, will be set aside to build Cottonwood
in the future, with Cottonwood being constructed when the payback is fulfilled or development happens to the west, whichever is first.
15
Bozeman City Commission Minutes, April 7, 2014
Page 12 of 13
10:07:10 PM Vote on the Amendment the Main Motion to create a payback district for
the 3 streets, not including Cottonwood at this time, and give the ditch funds (if
relocation of the ditch does not occur) to Cottonwood or to the fields, depending on the
completion of the Master Plan with the Friendly amendment that the money be held in reserve for Cottonwood with the Commission directing when improvements occur or at the time that the west side develops. (Amendment clarified in discussion).
Commissioner - Chris Mehl: 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
10:07:27 PM Vote on the Main Motion as Amended that having considered public
comment, materials presented by staff, and the application and supporting documents
from the Bozeman Soccer Education Foundation and the Gallatin Valley Lacrosse League, I herby move to adopt Resolution 4521 (as amended per City Attorney memo dated April 7, 2014) providing Trails, Open Space and Parks Bond funding for the
Bozeman Sports Park in an amount not to exceed $7,500,000; allocating up to
$2,100,000 for the acquisition of up to approximately 80 acres and allocating up to $2,500,000 for infrastructure improvements, with the remainder to be allocated for park development and construction as identified through a future park master plan.
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 H. 10:07:48 PM FYI/Discussion
1. Rental Safety information
2. Commissioner Pomeroy Absence
I. 10:09:16 PM Adjournment
Mayor Krauss adjourned the meeting at 10:09 p.m.
______________________________
Jeffrey K. Krauss, Mayor
16
Bozeman City Commission Minutes, April 7, 2014
Page 13 of 13
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________
17