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Home My WebLink About04-21-2014 Minutes, City Commission THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Agenda REVISED April 18, 2014 Monday,April 21, 2014 Table of Contents Kit a A. Call to Order—6 p.m.— Commission Room, City Hall, 121 North Rouse Avenue Mayor- Jeff Krauss: Present Deputy Mayor- Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner- Cynthia Andrus: Present Commissioner- I-Ho Pomeroy: Present Staff present at the dais included City Manager Chris Kukulski, City Attorney Greg Sullivan and Deputy City Clerk Aimee Brunckhorst. B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda Per a Commission request, E. 9 was moved off of consent and moved to Action G. 1 D. Minutes —April 7, 2014 t�j Motion and Vote to approve the minutes from April 7,2014 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 The motion passed 5-0. E. Consent Page 1 of 9 Bozeman City Commission Agenda, April 21, 2014 1. Authorize Payment of Accounts Payable Claims (LaMeres) K�L a 2. Authorize Award of Bid for the replacement of the main drain in the Bogert Swimming Pool (McCarthy) 71�a 3. Authorize Award of Bid and Construction Agreement with Ingram- Clevenger Inc., for construction of the Bozeman Fire Department Training Prop at the Lower Yard for up to $19,770 (Goehrung) Ki-a 4. Authorize Director of Public Works to approve the Kagy Gardens Minor Subdivision Final Plat, Application P14012 (Rogers) `j a 5. Approve Resolution 4523 Declaring the Intent to create Special Improvement Lighting District 719 for Ellis View Estates Subdivision (Rosenberry) L 4:3 6. Approve Resolution 4525 annexing 4.718 acres located southeast of the intersection of Campbell Road and Springhill Road and authorize the agreement for the Simmental Annexation, Application Al3004 (Saunders) 7-a 7. Provisionally Adopt Ordinance 1889 approving the Simmental Zone Map Amendment to establish initial zoning designation of R-O (Residential Office District) on 4.718 acres, southeast of the intersection of Campbell Road and Springhill Road, Application Z13255 (Saunders) 11L a 8. Finally 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) a 9. Ser-view (Thomas �14-j (This item added April 18th) This item moved from consent to Action item 1. Mayor Krauss opened Public comment on consent items E. 1-8. Seeing none he closed public comment on consent. Motion and Vote to approve consent items E. 1-8 as submitted. Commissioner- Cynthia Andrus: 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 The motion passed 5-0. F. Public Comment 06:04:13 PM Mary Vant Hull,Public Comment Page 2 of 9 Bozeman City Commission Agenda, April 21, 2014 Mary Vant Hull of 416 East Story provided reasons why she feels the amount citizens will be expected to pay for the proposed East Story Street, Street Impact District is too much. 06:07:00 PM Robert Blethan Public Comment Mr. Blethan of 6287 South 19"'Avenue spoke saying he does not feel he should have to pay $50 for a parking ticket he received at the library. 06:08:21 PM Jamie Greer,Public Comment Mr. Greer of 404 North Montana Avenue spoke in favor of a non-discrimination ordinance. Public Comment Closed Seeing no further public comment, Mayor Krauss closed public comment. G. Action Items 1. 06:10:18 PM Authorize Professional Services Contracts for Development Review Services (Thomas)Ia (This item added April 18th) Moved from Consent per Commission request 06:10:59 PM Cr. Taylor asked questions regarding this item. 06:12:01 PM Wendy Thomas, Director of Community Development Ms. Thomas answered questions on this item. 06:14:52 PM Chris Kukulski, City Manager 06:15:30 PM Motion to approve consent item E. 9 (to authorize professional services contracts for development review services). Deputy Mayor- Carson Taylor: Motion Commissioner- I-Ho Pomeroy: 2nd Discussion on the motion. Vote on the motion to approve consent item E. 9 (to authorize professional services contracts for development review services). Deputy Mqayor- Carson Taylor: 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 The motion passed 5-0. Page 3 of 9 Bozeman City Commission Agenda,April 21, 2014 2. 06:16:34 PM The Meadows Preliminary Plat for a minor subdivision to further subdivide an existing 16,774 square foot lot to create five single- household residential lots, Application P14009 (Quasi-Judicial) (Rogers) �p Tom Rogers provided the staff presentation for this item. 06:22:27 PM Cr. Mehl began questions for staff. 06:23:28 PM Cr. Pomeroy continued questions for staff. 06:24:18 PM Chris Budeski, Applicant Presentation Chris Budeski with Madison Engineering provided the applicant presentation. Public comment Mayor Krauss opened public comment. Seeing none, he closed public comment. 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 P14009 and move to approve The Meadows Subsequent Minor Subdivision with conditions and subiect to all applicable code provisions and criteria. Commissioner- Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd 06:25:52 PM Discussion on the motion. Vote 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 P14009 and move to approve The Meadows Subsequent Minor Subdivision with conditions and subiect to all applicable code provisions and criteria. Commissioner- Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deputy Myor - Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve The motion passed 5-0. 3. 06:26:57 PM Page 4 of 9 Bozeman City Commission Agenda, April 21, 2014 Provisional Adoption of Ordinance 1888, Bargain and Sale Deed Agreement between the City of Bozeman and the Montana Department of Transportation for the College Street from 19th to Main Street Project (Hixson) `�a (Ordinance revised April 21 st) Rick Hixson provided the staff presentation on this item. 06:30:20 PM Mayor Krauss began questions for staff on this item. Public Comment Mayor Krauss opened public comment. Seeing none he closed public comment. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd Having conducted a public hearing, considered written and spoken public testimony, and based on the findings contained in this and other related staff memoranda, the content of Ordinance 1888 as amended and findings articulated by the Commission during discussion, I hereby move to provisionally adopt Ordinance 1888 as amended ratifying the City Manager's signature on the Agreement to Sell and Purchase Real Estate, Tract A-1-13 of Certificate of Survey 1243 B, with the Montana Department of Transportation. 06:32:08 PM Cr. Taylor began discussion on the motion. Mr. Andrus provided discussion on the motion. Mayor Krauss provided discussion on the motion. Cr. Mehl provided discussion on the motion. 06:35:14 PM City Attorney Greg Sullivan provided advice on this ordinance. 06:36:04 PM Amendment and Vote to the Main Motion to strike the last sentence from section one of the proposed Ordinance. Commissioner- Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Ta l�pprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve The amendment passed 5-0. Page 5 of 9 Bozeman City Commission Agenda, April 21, 2014 Vote on the Motion as amended that having conducted a public hearing, considered written and spoken public testimony, and based on the findings contained in this and other related staff memoranda, the content of Ordinance 1888 as amended and findings articulated by the Commission during discussion, I hereby move to provisionally adopt Ordinance 1888 as amended ratifying the City Manager's signature on the Agreement to Sell and Purchase Real Estate, Tract A-1-B of Certificate of Survey 1243 B. with the Montana Department of Transportation with the Ordinance amended to strike the last sentence from section one of the proposed Ordinance. Deputy Mayor- Carson Taylor: 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 The motion as amended passed 5-0. 06:37:19 PM Break Mayor Krauss called for a short break. 06:46:08 PM Mayor Krauss called the meeting back to order after break. H. Policy Discussion 1. 06:46:08 PM Stormwater Utility Enhancement (Woolard) `3 a Craig Woolard, Director of Public Works began the staff presentation on this item. 06:58:30 PM Questions, a continuation of the presentation and discussion by staff and the Commission began with staff members Kyle Mehrens, Brian Heaston and Anna Rosenberry answering questions in addition to Director Woolard. 08:17:22 PM Public Comment Mayor Krauss opened public comment on this item. 08:17:29 PM Christopher Romankiewicz,Public Comment Mr. Romankiewicz of 2527 Speer Crossing Lane thanked staff and the Commission for approaching this topic. He said doing nothing is not an option. As a DEQ employee here for the last three years overseeing the city construction and MS4 program, he has seen very little done from a compliance aspect. He spoke regarding the aggressive mapping of the stormwater system the city just underwent. He spoke regarding the stormwater program and looking at it holistically, saying that all citizens benefit from improvements. If the city does not take an aggressive approach to this the state will step in and tell the Page 6 of 9 Bozeman City Commission Agenda, April 21, 2014 city what we need to do. He spoke regarding the need for a construction program to better protect the detention facilities. 08:20:18 PM Guy Alsentzer, Public Comment Mr. Alsentzer of 209 North 3rd Avenue spoke on behalf of the nonprofit Upper Missouri Water Keeper. He spoke regarding addressing the underlying concern that is connected to economics. He reminded everyone there is no right to pollute and the MS4 program is in violation. A system that has not been well maintained and kept up to date must be dealt with. He mentioned a good model in Lancaster, Pennsylvania. He recommended that the city be aggressive to maximize the benefits of taking care of our stormwater. 08:23:41 PM Bart Manion, Public Comment Mr. Manion of 425 East Lincoln Street said he has lived on Bozeman Creek for about 14 years and he spoke regarding seeing poor storm water management directly. He says he has the best way to remove sediment from a stormwater drain system and spoke regarding the system. He would like to get a pilot system going and get citizens buy in on stormwater treatment. He spoke regarding the way retention ponds and detention ponds work and the difference between them. 08:31:00 PM Marsha YounPman,Public Comment Ms. Youngman of 1214 West Koch and the Chair of the Greater Gallatin Watershed Council spoke on behalf of their board stressing the importance of the watershed and how excited they are that the city is addressing this issue. She said they loved partnering with the city in the past on the stormwater stenciling project and would love to partner with the city in some manner in the future. They are working on a plan regarding an HOA educational outreach. They are also developing a Watershed Restoration Plan they are developing with support of the DEQ is focused on improving the water quality, fish habitat and environment for all. She spoke regarding Bozeman Creek going through 8 parks and how all citizens benefit from a healthy creek. 08:34:29 PM Darrell Behrent,Public Comment Mr. Behrent of 208 Lindley Place spoke regarding a lack of enforcement by the city over the years regarding stormwater violations and past conversations he had regarding the problem with the public works department. He spoke regarding his thoughts on detention ponds and impervious services. He spoke regarding water coming off roofs going into the stormwater system and that all of these surfaces are polluting. 08:38:00 PM EJHook,Public Comment Mr. Hook of 4634 Daniel Blane said he is a sub-permittee for MS4 at Montana State University. The enforcement piece is missing and that getting people to understand through education and enforcement is important. As far as the water quality piece, we are all in this as a community. Water is a community treasure. When people use the city streets or various parking lots they are impacting the system. The goal of the whole program is that when the water gets to the East Gallatin River it is as good or better than when we received it. Page 7of9 Bozeman City Commission Agenda, April 21, 2014 08:40:50 PM Public Comment Closed Seeing no further public comment, Mayor Krauss closed public comment. Further discussion on this item. 08:40:55 PM Cr. Mehl provided direction to staff. 08:44:27 PM Mayor Krauss provided direction to staff. 08:44:50 PM Cr. Andrus provided direction to staff. 08:46:23 PM Deputy Mayor Taylor provided direction to staff. 08:49:35 PM Cr. Pomeroy provided direction to staff. 08:50:07 PM Mayor Krauss provided direction to staff. 09:00:10 PM I. FYI/Discussion 09:01:21 PM 1. Update from the Trails, Open Space and Parks Committee Cr. Andrus provided an update from the TOPS Committee saying all the projects they approved are moving forward and the Committee is putting together an Op-Ed to go in the paper to educate the community. 09:01:52 PM 2. City receives the Montana Tourism Award Cyndy Andrus reported that the city received an award at the Governor's Conference. It is the Montana Tourism Award from the Montana Office of Tourism and the Tourism Advisory Council presenting an outstanding film friendly community award to Bozeman in recognition of the city's commitment the promotion and development of tourism in Montana. This award was open for voting by everyone at the Governor's Conference. 09:03:39 PM 3. Cr. Pomeroy will be absent next week Mayor Krauss announced that next week Cr. Pomeroy will be absent. 09:03:36 PM 4. Format for next week's meeting Mayor Krauss explained the format he will follow for next week's meeting. The April 28th meeting will start at 6 p.m. with the only action item being to decide what we may move forward with on the nondiscrimination ordinance. He says it will be a policy meeting and will start with about an hour of policy discussion and then he will allow for about 2 1/2 hours of public comment ending public comment at 9:30 p.m. He encouraged people to submit public comment to agenda@bozeman.net. 09:05:14 PM Deputy Mayor Taylor explained that he has finished a memorandum and draft Ordinance to go out in the normal process for this item. Page 8 of 9 Bozeman City Commission Agenda, April 21, 2014 09:05:42 PM Aimee Brunckhorst, Deputy City Clerk explained the many ways that public comment can be submitted to the Commission and staff. These include a-mails to agenda(gbozeman.net, a submittal form on the city website at www.bozeman.net on the same page where the commission agenda's are shown, sending comments in the mail to the Commission's attention to P.O. Box 1230, 59771 and by delivery to the clerk's office at City Hall, 121 North Rouse Avenue, or by phone call to 582-2320. 09:06:53 PM Mayor Krauss said that the people that want to submit lengthy and coordinated public comment can do so in writing. Mayor Krauss said that roughly two weeks after the policy meeting,there will be a public meeting for a first reading (provisional adoption)of the Ordinance where public comment will again be called for. 09:09:32 PM 5. Sister City Commissioner Pomeroy asked about whether the Commissioners would be interested in having a sister city with Korea. Mayor Krauss recommended she speak with Stacy Ulmen about it as Ms. Ulmen has conducted research on sister cities in the past. I. Adjournment 09:10:28 PM Mayor Krauss adjourned the meeting at 9:10 p.m. •B Jeffir K##ssl ayor A S Sta y UI^ °AMC; City Clerk PREPARED BY: m2zmu--,,-&�akA ndll- Aim e Brunckhorst, Deputy City Clerk Approved on �cul5 ZO I Page 9 of 9 • � 1 J �