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Home My WebLink About2007-05-21 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 21, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 Wes.t Main Street, on Monday, May 21,2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, Cr. Jeff Rupp, City Manager Chris Kukulski, Planning Director Andy Epple, Assistant Planning Director Chris Saunders, Director of Public Services Debbie Arkell, Finance Director Anna Rosenberry, Assistant City Attorney TirrfCooper, and Deputy City Clerk Cynthia Jordan Delaney. '0:12:59 A. Call to Order - 6:00-pm - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Krauss called the meeting to order at 6:00 pm. 0:13:00 B. Pledge of Allegiance and a Moment of Silence 0:13:52 C. Public Service Announcement - Advisory Board Vacancies (Delaney) Deputy City Clerk Cynthia Jordan Delaney informed the City Commission and the public about the current vacancies on the City's citizen advisory boards. 0: 16:59 Public Service Announcement - Bozeman Main Street Makeover (Arkell) Director of Public Services Debbie Arkell informed the City Commission and the public about the start of the Main Street Project, and it should be completed in November. JTL is doing the construction work for the Montana Dept. of Transportation. JTL can be contacted about this project at jtlbelgrade.com. 0: 18:25 D. Consent I. Authorize Payment of Claims (LaMeres) 2. Finally Adopt Ordinance 1700, Municipal Infractions, Downtown Sidewalk Encroachment Permit Program (Luwe) 3. Authorize City Manager to sign the Loyal Garden Public Street Easement (Morris) 4. Authorize City Manager to sign the Loyal Garden Lift Station Agreement (Morris) 5. Approve Resolution No. 4021, Intent to Create SILD #695, West Winds Subdivision Phases 2 and 3 (Shannon) 6. Approve the South Towne Square Minor Subdivision Findings of Fact #P07012 (Krueger) 7. Authorize City Manager to sign a Release & Recon~eyance document for a portion of an existing 30'Iinear park/trail easement (Heaston) 8. Authorize City Manager to sign a Release & Reconveyance document for an existing stormwater easement (I-Ieaston) 9. Provisionally Adopt Ordinance No. 1706, Flanders Townhomes Zone Map Amendment #Z- 07087 (Knight) 10. Authorize City Manager to sign Public Street & Utility Easements for secondary/emergency access to the Mengel Annexation (Heasto-n) 11. Authorize the City Manager to sign the Underground Electric Easement for West Winds Subdivision Phase 3 0:18:32 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. "\ .. 0:18:52 Motion and Vote to approve Consent items 1-11. It was moved by Cr. Becker. seconded by Cr. Rupp. to approve Consent items 1-11. Those votine: Aye beine: Crs. Becker, Rupp, Kirchhoff. Jacobson. and Mayor Krauss. Those votine: No beine: none. The motion carried 5-0. 0: 19:07 Introduction of International Visitors from Latin America These delegates from Latin America are visiting Bozeman through a State Dept. program and learning about grassroots democracy, especially state and local government. They introduced themselves: Silvana de Martino from Paraguay, Luis from Peru, Alejandro from Guatemala, Raul Chorinos from Venezuela, Enrique Alto from Paraguay, and Francisco Cobarrubias from Chile. They thanked the City of Bozeman and Gallatin County for such a warm welcome and stated that they had learned a lot while visiting 12 local organizations. 0:21 :27 Chris Kukulski, City Manager Mr. Kukulski asked the Commission to consider removing item F3 from the agenda (Resolution No. 4022, Sunset Hills Cemetery Monument Setting). lIe is hopeful that in two weeks this same resolution will be presented with changes that will make it simpler for the Commission's approval. He wants to postpone it for two weeks from this evening. 0:22:43 Mayor Krauss Mayor Krauss stated that he will ask for public comment on this item, but he agreed that this item will be pulled and will reappear on the agenda in two weeks. 0:23 :32 E. Public Comment Mayor Krauss opened public comment. 0:23:58 Ron Dim/man - Public Comment Mr. Dingman, the Parks and Recreation Superintendent who lives at 215 Willow Lane, wanted to announce to the Commission and the public that Bozeman Baseball has been awarded the 2008 NW Regional. Legion Baseball Tournament to be held in Bozeman at the Legion Hero Park in August 2008. Volunteers have spent many hours securing the bid for this tournament which includes MT, ID, AK, OR, W A, and WY. Ron Edwards, the Director of the Tournament and Bozeman Baseball, put together a 35 page report. Mr. Dingman discussed the improvements that are needed to be made for the event and mentioned that Parks Foreman Thorn_White was featured . . m a magazme. 2 0:26:55 Ron Edwards - Public Comment Mr. Edwards, of 680 Sycamore Lane, appeared on behalf of the Legion Baseball Program. He thanked Thorn White for all his help with field management. He encouraged the City's ongoing help with field maintenance and preparations for the 2008 Regional Tournament. They anticipate about 150 players and coaches coming in from all over the NW. He offered this web site for more information: bozemanbaseball.com. The Regional Tournament will take place from August 16-20, 2008, and it is a qualifier for the Legion World Series. 0:29:26 Public Comment closed. Mayor Krauss closed public comment. 0:29:29 F. Action Items 0:29:36 1. Water Impact Fee Study Update, Opened and Continued from May 14,2007 (Saunders/HDR) 0:30:00 Chris Saunders, Assistant Director of Planning Mr. Saunders presented the staff report. 0:46:41 Randy Goff, HDR Engineering Mr. Goff, of HDR Engineering's Portland, OR office, prepared the fee studies. He presented the project status, criteria in determining impact fees, water impact fees, and recommendations. 1 :03 :02 Mayor Krauss Mayor Krauss says the City has been aggressive with rates to make sure rate payers are covering the costs of the facilities they are responsible for. He wants it on the record: the City is charging ahead for projects to corne, raising rates in the last two years to set aside money for the future. 1 :09:47 Public Comment opened. Mayor Krauss opened public comment. 1 :09:56 Shawn Cote - Public Comment Mr. Cote, of the Southwest Montana Building Industry Association (SWMBIA), asked the Commission for 30 days to continue working with the City and HDR Engineering to address additional concerns. He finds it interesting that fees have increased minimally. He would argue that the original fees were set too high because of lack of participation. He asked not to duplicate that process again and to grant the building industry 30 days. 1: 11 :38 Public Comment closed. Mayor Krauss closed public comment. 1 :30: 18 Mayor Krauss Mayor Krauss confirmed that the Commission is willing to wait 45-60 days. 1 :32:37 Mr. Saunders 3 Mr. Saunders recommended July 23, 2007 as the date for this item to come back before the Commission. 1 :33:32 Motion to direct staff to prepare an implementing resolution for July 23, 2007, utilizing the larger meter size alternative calculation and keeping the Sourdough funding level at 20%. It was moved by Cr. Rupp. seconded by Cr. Kirchhoff. to direct staff to prepare an implementine: resolution for July 23. 2007 and come back to us that utilizes the lare:er meter size alternative calculation as well as to continue to keep Sourdoue:h Dam fundine: at the level identified in the study. the 20% fie:ure. 1:48:12 Amended Motion Cr. Rupp stated that he is willing to change the motion to have the I 00% funding data presented on July 23,2007. Cr. Kirchhoff seconded the amended motion. 1 :49:25 Andy Epple, Planning Director Mr. Epple confirmed that Cr. Rupp's motion was to present some additional data regarding the 100%, data along the lines of what that would do to the impact fee. 1 :50:02 Motion Clarification Cynthia Jordan Delaney, Deputy City Clerk, clarified that Cr. Rupp's original motion remains intact (direct staff to bring back implementing resolution on July 23, 2007 the large meter size alternative calculation, and the Sourdough Dam with 20%), and clarified that the amended motion is also asking to present information and data on July 23,2007 about what the 100% would be. 1 :50:44 Vote to direct staff to prepare an implementing resolution for July 23, 2007, utilizing the larger meter size alternative calculation and keeping the Sourdough funding level at 20%, and presenting the 100% funding data on July 23. [It was moved by Cr. Rupp. seconded by Cr. Kirchhoff. to direct staff to prepare an implementine: resolution for July 23. 2007 and come back to us that utilizes the lare:er meter size alternative calculation as well as to continue to keep Sourdoue:h Dam fundine: at the level identified in the studv. the 20% fie:ure. and to have the 100% fundine: data presented on July 23. 2007.1 Those votine: Aye beine: Crs. Rupp. Kirchhoff. Jacobson. and Becker. Those votine: No beine: Mayor Krauss. The motion carried 4-1. 1 :50:53 2. Wastewater Impact Fee Study Update, Opened and Continued from May 14, 2007 (Saunders/HDR) 1 :51 :04 Mr. Goff Mr. Goff, from HDR Engineering, presented the report. 4 1 :58:07 Public Comment opened. Mayor Krauss opened public comment. 1 :58: 18 Shawn Cote - Public Comment Mr. Cote, of the Southwest Montana Building Industry Association (SWMBIA), stated that he appreciates the extension on the water fee schedule, and for the same reasons he asked for the same extension to be granted for wastewater. 1 :58:34 Public Comment closed. Mayor Krauss closed public comment. 1 :58:48 Motion to give staff until July 23, 2007 to prepare an implementing resolution for the updated fee study for wastewater and that staff also includes the extra strength discharge alternative calculation. It was moved by Cr. Kirchhoff. seconded by Cr. Jacobson. to e:ive staff until July 23, 2007 to prepare an implementine: resolution for the updated fee study for wastewater and that staff also includes the extra strene:th dischare:e alternative calculation as presented on Julv 23. 2007. 2:00:15 Cr. Becker Cr. Becker asked Mr. Goff to return on July 23. 2:00:24 Mr. Goff Mr. Goff confirmed that he will be present at the July 23 City Commission meeting. 2:05:35 Vote to give staff until July 23, 2007 to prepare an implementing resolution for the updated fee study for wastewater' and that staff also includes the extra strength discharge alternative calculation. It was moved by Cr. Kirchhoff. seconded by Cr. Jacobson, to e:ive staff until Julv 23. 2007 to prepare an implementine: resolution for the updated fee study for wastewater and that staff also includes the extra strene:th dischare:e alternative calculation as presented on July 23. 2007. Those votine: Aye bein!! Crs. Kirchhoff. Jacobson. Becker. Rupp. and Mavor Krauss. Those votin!! No bein!! none. The motion carried 5-0. 2:05:543. Resolution No. 4022, Sunset Hills Cemetery Monument Setting (Dingman) Mayor Krauss stated that this item was pulled from the agenda so it is no longer on the agenda. . Mayor Krauss said he would take public comment on this item. 2:06: 18 Break Mayor Krauss called for a 15 minute break. 5 2:30:12 FYI Mayor Krauss called for FYI items while waiting for Cr. Rupp to return. 2:30: 14 FYI - Mr. Kukulski Mr. Kukulski stated that Chuck Winn, Fire Chief, has an FYI that will take 10 minutes. 2:30:40 FYI ~ Mr. Saunders Mr. Saunders reminded the Commissioners that they will be meeting with the Planning Board and their consultant for the 2020 Update on Tuesday, May 29,2007. 2:31 :48 4. Provisionally Adopt Ordinance No. 1681, Urban Mixed Use Zoning District (Saunders) 2:31 :57 Mr. Saunders Mr. Saunders presented the staff report. 2:57:39 Public Comment/Applicant Mayor Krauss opened public comment. 2:57:54 Michael Delanev - Public CommentJAoolicant Mr. Delaney talked about his consultant Dan Burden, and Mr. Burden's guidance to craft a mixed use zoning ordinance for Bozeman. In Mr. Burden's recent letter to the Commissioners, he stated that in most progressive cities, most mixed use districts are allowed in virtually any district, provided the criteria of the mixed use components comply and the Commissioners determine it will be in the best use of the community. He stated that in today's zoning code for Bozeman, you have to meet every criteria of a mixed use district, but if your underlying zoning doesn't permit it, you are shot down. 3:05:51 Mr. Epple Mr. Epple wanted to clarify that they are not talking about underlying zoning, but underlying land use designation from the 2020 Plan. They are talking about the potential conflict with the underlying land use designation. 3:15:39 Public Hearing closed. Mayor Krauss closed the public hearing. 3 :23 :09 Mayor Krauss Mayor Krauss worried about gambling being able to spread throughout the community with this zoning designation. 3:28:37 Mayor Krauss Mayor Krauss asked ifhe needed to add language about "five machines or less" in the ordinance. 3:29:10 Mr. Saunders Mr. Saunders suggested that on page 7 in the ordinance, in the list of "Table of Commercial Uses," where it says, "Sales of Alcohol for On-Premise Consumption," the Commission could include 6 "with X number of machines." He stated that the ordinance could be drafted so that alcohol could be served under those limited conditions, but gaming wouldn't be on the acceptable options list. 3:30:54 Mayor Krauss Mayor Krauss confinned "Sales of Alcohol for On-Premise Consumption--No Gaming Pennitted." 3:45:04 Motion to provisionally adopt Ordinance No. 1681, Urban Mixed Use Zoning District, and adding "No Gaming Permitted" to the table of "Commercial Uses: Sales of Alcohol on Premise Consumption." It was moved bv Cr. Jacobson. seconded bv Cr. Becker. to provisionallv adopt Ordinance No. 1681. Urban Mixed Use Zonine: District. but that we under the table of "Commercial Uses: Sales of Alcohol on Premise Consumption" we add "No Gamine: Permitted." 3:50:50 Vote to provisionally adopt Ordinance No. 1681, Urban Mixed Use Zoning District, and adding "No Gaming Permitted" to the table of "Commercial Uses: Sales of Alcohol on Premise Consumption." It was moved bv Cr. Jacobson. seconded bv Cr. Becker. to provisionallv adopt Ordinance No. 1681. Urban Mixed Use Zonine: District. but that we under the table of "Commercial Uses: Sales of Alcohol on Premise Consumption" we add "No Gamine: Permitted." Those votine: Ave beine: Crs. Jacobson. Becker. Ruop. Kirchhoff. and Mavor Krauss. Those votine: No beine: none. The motion carried 5-0. 3:51:12 G. FYI/Discussion ..,-, 3:53:05 1. The next City Commission meeting is scheduled for 'Tuesday; May 29, 2007 due to the Memorial Day Holiday on Monday, May 28, 2007. 3:53:58 FYI - Cr. Rupp Cr. Rupp announced he will be absent on June 4, 2007. - -~..."- - -:.~~=-- ' ~~f~ ., " ~...... -".. - ~. ......., ----,~.. ,. ....-.., ,. 3:54:32 FYI - Chuck Winn, Fire Chief Chief Winn gave the Commissioners an update on the efforts to secure a location for Fire Station 3 and the idea to co-locate Fire Station 3 with the 911 Center in the Regional Park. He stated that there was a unanimous recommendation of the County Board of Park Commissioners to the County Commission to build this 911 Center/Fire Station 3 project on the comer of Vaquero and Davis Lane. He said that the County Commission will vote on it and give their approval in a few weeks. He asked for the Commissioners' thoughts and direction. He stated that what is still needed is both the City and County Commissions' approval, an appraisal for the site, how to pay for it, agreement on the details of partnership, and ideas about the common areas and their cost. 3:59:05 Mr. Kukulski 7 Mr. Kukulski asked the Commission if they would like to do a two-step approval process (like the County will): 1. preliminary approval of the concept, and 2. approval ofthe details, or if they would just like to see it when the details arc worked out. 4:03:47 Mr. Kukulski Mr. Kukulski confirmed the consensus of three Commissioners to bring this project to the Commission when all details are ironed out and ready for approval. 4:04:29 FYI - Mr. Kukulski Mr. Kukulski announced that Officer Rich McLane was named Officer of the Year for the State of Montana. He said that Hattie Baker started as the Mayors' Climate Protection Intern. He said he will share details of the Yellowstone Business Partnership meeting at a later date. 4 :05: 17 H. Adjournment Mayor Krauss adjourned the meeting at 10:00 pm. ~L~.-r-- 1 fr a ss, Mayor ATTEST: PREP ARED BY; 8