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HomeMy WebLinkAboutOctober 22, 2007 MinutesMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 22, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, October 22, 2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Kaaren Jacobson, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Sean Becker, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Planning Director Andy Epple, Finance Director Anna Rosenberry, City Attorney Paul Luwe, and Deputy City Clerk Cynthia Jordan Delaney. A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Krauss called the meeting to order. B. Pledge of Allegiance and a Moment of Silence Changes to the Agenda - Chris Kukulski, City Manager Mr. Kukulski stated that there were no changes to the agenda. C. Public Service Announcement - Fire Mill Levy (Winn) Chief Chuck Winn stated that the question for the Fire Dept. is whether they are authorized by City voters to levy 16 mills, which will improve the Fire Dept. by hiring 11 new firefighters to open a third fire station and providing an annual contribution to replace worn out fire equipment. D. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign The Knolls at Hillcrest Notice of Right to Discharge Drainage (Morris) 3. Authorize City Manager to sign The Knolls at Hillcrest Release and Reconveyance of Easements (Morris) 4. Authorize City Manager to sign The Knolls at Hillcrest Uniform Escrow Agreement (Morris) 5. Authorize City Manager to sign The Knolls at Hillcrest Public Street and Utility Easement (Morris) 6. Authorize City Manager to sign The Knolls at Hillcrest Sewer Pipeline and Access Easement and Agreement (Morris) 7. Authorize City Manager to sign the Consultant Agreement for Safe Routes to School Assessment Services-Additional Services with Alta Planning and Design as recommended by the Bozeman Area Bicycle Advisory Board (Fontenot) 8. Authorize Sundance Business Park II Annexation #A-07005 (Knight) 3 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 Public Comment Mayor Krauss opened and closed public comment. No person commented. Motion and Vote to approve Consent items 1-8. It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Consent items 1-8. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 5-0. E. Public Comment Mayor Krauss opened public comment. Donald Steinmen - Public Comment Mr. Steinmen submitted a copy of the Homeowners’ and Bank Protection Act of 2007, a model resolution, and a signed petition to the Commission. He talked about the implications of the national mortgage meltdown crisis on the City of Bozeman, and he urged the Commission to act. Brian Caldwell - Public Comment Mr. Caldwell resides at 733 South Tracy. He made observations about the PROST Plan related to the classification of trails, asphalt trails/sidewalks in a comprehensive pedestrian plan, more cash-in-lieu for infill projects, calculation of parkland, and open space and parkland being added together. Public Comment closed. Mayor Krauss closed public comment. F. Special Presentation 1. Montana Recreation and Parks Association Award to Anne Banks (Krauss) Mayor Krauss Mayor Krauss presented the Citation of Merit Award to Anne Banks. He listed her many volunteer experiences, including 14 years on the Recreation and Parks Advisory Board. He thanked her for her outstanding contributions to the field of parks and recreation, and she received a standing ovation. Anne Banks Ms. Banks thanked Sue Harkin and the rest of the Recreation and Parks Advisory Board. She said they have one of the hardest-working, most dedicated boards in the City. 2. Montana Recreation and Parks Association Award of the Young Professional Award to Jamie Saitta, Recreation Program Manager (Harkin) Sue Harkin, Recreation Dept. Director 4 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 Ms. Harkin presented the Young Professional Award to Jamie Saitta, for an up and coming leader who has demonstrated outstanding service to the community, and who has earned the respect of her peers and the community. G. Action Items 1. Parks, Recreation, Open Space and Trails (PROST) Plan Public Hearing (Sanford) Jody Sanford, Senior Planner Ms. Sanford provided an overview of the PROST Plan. Sandy Dodge, Chairman of the Recreation and Parks Advisory Board Mr. Dodge explained the process of creating the PROST Plan. Public Comment Mayor Krauss opened public comment. Marianne Amsden – Public Comment Ms. Amsden resides at 5588 Patterson Road. She spoke for the equestrian contingent in the community: asking for horse trails and an equestrian park, including horse barns in the plan as a recreation facility, and listing the equestrian group in the plan to work with the City. Jon Henderson – Public Comment Mr. Henderson resides at 411 South 10th. As the board’s chairperson, he read a prepared statement from the Bozeman Area Bicycle Advisory Board expressing support for the PROST Plan and reiterating the recommendation to hire a full-time bike/pedestrian coordinator to provide overall consistency necessary for planning in the big picture. Ted Lange – Public Comment Mr. Lange, of the Gallatin Valley Land Trust, said that GVLT strongly supports the plan and worked with City staff to envision trail lines for where trail connectivity might be if parcels develop. He talked about the benefits of asphalt, the development community chipping in for signage costs, the safety issues of street crossings and shared use paths, and the issues of horses on existing urban trails. Mara O’Neil – Public Comment Ms. O’Neil resides at 6877 Fowler Lane. She made a case for equestrian trails and identity. With more development, the equestrian uses are under pressure and dangerous with roads being paved and car volumes increasing. Horse barns and an equestrian park are places for recreation, competition, and learning. She presented a petition with 150 signatures. James Mason – Public Comment Mr. Mason resides at 206 Sweetgrass Avenue. He supports the PROST Plan, but stated that they need to acquire the land and easements now because once it’s developed or built on, it’s gone 5 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 forever. If the citizens of Bozeman approve open space money, develop a funding tool, use only within City limits, and do infill to resist sprawl. Mayor Krauss Mayor Krauss closed public comment. Mayor Krauss Mayor Krauss asked why cross-country ski trails and ski areas and standards weren’t listed in the plan. Cr. Becker Cr. Becker sought clarification about this plan’s implementation strategies and connections, especially relating to the changes to be made to the Unified Development Ordinance, Bozeman Municipal Code, Growth Policy, Capital Improvement Plan, etc. He stated that with the City’s expansion, not accommodating a diversity of rural recreation uses is an omission. Cr. Rupp Cr. Rupp said that reading public comment, the one overwhelming theme was dog waste. He wanted to know why the missing links in the trail system from Main Street to the National Forests weren’t mentioned as an action item. He wanted to make sure the additional pool would be in located in a park. Cr. Jacobson Cr. Jacobson stated that she was shocked that every quadrant in the City is deficient in children’s playground equipment, and for her it is a high priority to rectify the situation. Cr. Kirchhoff Cr. Kirchhoff stated his sharp disagreement with the policy statement in 8.8.2 on street frontage on a case-by-case basis. He said that this was already decided on the City Commission level, and it shouldn’t be revised on the PROST level. He asked for this revision: “Street frontage for City parks will be required on 100% of parks’ perimeters; however, the Commission may consider less street frontage upon recommendation from the board, and the board shall use the following guidelines in making a recommendation.” He doesn’t think equestrian facilities are incompatible with urban growth, but he wants it to be possible in the future. Ron Dingman, Parks and Recreation Superintendent Mr. Dingman agreed to leave the options open for equestrian facilities. Mayor Krauss Mayor Krauss said that street frontage on parks is far more desirable than land-locking the parks behind backyards. He supports Cr. Becker's idea to look at this plan more closely before approving it tonight. He pointed out dog issues and said creating a new City advisory board to look at pet-related issues could be done now, and wanted to find a way to pay for an enforcement program. He’s worried they’ll get boxed into a corner or over-design all facilities (ADA- compatible trails, bilingual signs, etc.). In some wildlife areas, less intrusion is better. He prefers to begin to take these point by point, and look at policy implications. He thinks the 6 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 asphalt/concrete issue is important, and wants to encourage density and infill and study the infill policy. He wanted to go through this plan in a more systematic manner and have staff identify where special attention should be paid in the contents of chapters 8 and 10 where recommendations differ from current policy and regulations. Cr. Jacobson Cr. Jacobson wanted to insert a parks’ foundation into the plan so it is there in the future in case the Commission wants to pursue it. Cr. Rupp Cr. Rupp joined the other Commissioners in thanking the Recreation and Parks Advisory Board and the staff for their time and effort with this plan. Cr. Rupp said it is appropriate that equestrian use be referenced in this plan. Motion that we adopt the October 1, 2007 draft PROST Plan with the revisions listed in the memo of October 16, and based on the unanimous recommendation of the Bozeman Rec. and Parks Advisory Board. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that we adopt the October 1, 2007 draft PROST Plan with the revisions listed in the memo of October 16, and based on the unanimous recommendation of the Bozeman Rec. and Parks Advisory Board. After Cr. Kirchhoff seconded the motion above, Cr. Rupp continued making his motion: I would direct staff to begin to establish the priorities that you've heard us Commissioners speak of this evening and schedule a work session as soon as possible, a work session where we can take action. Mayor Krauss Mayor Krauss interrupted Cr. Rupp to say that would be a public meeting on a Monday night if they are going to take action. Cr. Rupp Cr. Rupp stated he didn’t see that in the Rules of Procedure. He referenced that it would be a duly noticed work session where they could take action. He continued making his motion: But that you start with the ten recommendations and we start putting a priority on these and some costs, and that’s when we can deal with the language changes you and Steve spoke of as well and to the UDO, but it’s going to take some time. Cr. Kirchhoff Cr. Kirchhoff asked Cr. Rupp to clarify what the basic motion is because he didn’t know how much of that he is supposed to say “Aye” to. Clarification of Motion Cr. Rupp clarified his motion and Cr. Kirchhoff seconded it: 7 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that we adopt the plan and that we direct staff to establish priorities and schedule a work session. Cr. Jacobson Cr. Jacobson asked about the amendment regarding the park perimeters and Cr. Kirchhoff’s language. Crs. Rupp, Becker, and Jacobson Cr. Rupp said he is willing to do amendments one at a time, and Crs. Becker and Jacobson agreed. Cr. Kirchhoff Cr. Kirchhoff said that Jody was nodding that she already has the language down, and maybe it could be included (in the motion). Ms. Sanford Ms. Sanford stated that she understands the Commission is staying with the policy they have set forth, but maybe use the language that’s in here as reasons you might consider letting somebody do less than 100%. Cr. Kirchhoff Cr. Kirchhoff said Ms. Sanford’s understanding is right. Friendly Amendment to Motion Cr. Rupp agreed to include Cr. Kirchhoff’s language in the motion. Cr. Kirchhoff clarified that the motion includes those suggested changes to 8.8.2, and seconded it: It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that we adopt the plan and that we direct staff to establish priorities and schedule a work session. The motion includes those suggested changes to 8.8.2: “Street frontage for City parks will be required on 100% of parks’ perimeters; however, the Commission may consider less street frontage upon recommendation from the board, and the board shall use the following guidelines in making a recommendation.” Mayor Krauss Mayor Krauss said they are adopting the plan to use it to establish policies, but none of this establishes policies at this time. It’s not incorporated into the policies of the City yet. Vote that we adopt the plan and that we direct staff to establish priorities and schedule a work session and include suggested changes to 8.8.2. [It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that we adopt the plan and that we direct staff to establish priorities and schedule a work session. The motion includes those suggested changes to 8.8.2: “Street frontage for City parks will be required on 100% of parks’ perimeters; however, the Commission may consider less street frontage upon 8 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 recommendation from the board, and the board shall use the following guidelines in making a recommendation.”] Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. The motion carried 5-0. Refer to the Staff Memo from Jody Sanford dated October 16, 2007 and the PROST Plan. Break Mayor Krauss declared a break. 2. Sundance Business Park II Zone Map Amendment #Z-07208 (Knight) Andy Epple, Planning Director Mr. Epple presented the staff report. Chris Budeski, Applicant Mr. Budeski stated that Mr. Epple covered everything, and he is here if the Commission has any questions. Public Comment Mayor Krauss opened and closed public comment. No person commented. Motion and Vote that we approve the Sundance Business Park 2 Zone Map Amendment with the contingencies listed on page 2 of the Zoning Commission Resolution. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, that we approve the Sundance Business Park 2 Zone Map Amendment with the contingencies listed on page 2 of the Zoning Commission Resolution. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss. Those voting No being none. The motion carried 5-0. Refer to page 2 of the Zoning Commission Resolution for contingencies. 3. Resolution No. 4079, Establishing Fees for Beer, Wine, and Liquor Licenses (Rosenberry) Anna Rosenberry, Finance Director Ms. Rosenberry presented the staff report. Public Comment Mayor Krauss opened and closed public comment. No person commented. 9 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 Motion that we adopt Resolution 4079, Establishing Fees for Beer, Wine, and Liquor Licenses. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, that we adopt Resolution 4079, Establishing Fees for Beer, Wine, and Liquor Licenses. Cr. Rupp Cr. Rupp wants a reminder in the next budget cycle that the extra $43,000 is designated to the prosecutor or the police. Cr. Becker Cr. Becker wanted to have a policy discussion and set up a fee schedule for the next 15-20 years. Mayor Krauss Mayor Krauss suggested it could be discussed in the next budgeting session. Vote that we adopt Resolution 4079, Establishing Fees for Beer, Wine, and Liquor Licenses. [It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, that we adopt Resolution 4079, Establishing Fees for Beer, Wine, and Liquor Licenses.] Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 4. Tax Abatement for Historic Preservation (Kramer) Courtney Kramer, Assistant Planner for Preservation and Staff Liaison to the Bozeman Historic Preservation Advisory Board Ms. Kramer presented the staff report. Public Comment opened. Mayor Krauss opened public comment. Edward Szczypinski – Public Comment Mr. Szczypinski resides at 811 West Villard. He is Co-chair of the Bozeman Historic Preservation Advisory Board. He addressed Cr. Kirchhoff’s question to say that it isn’t the abatement of the investment; it’s the abatement of the proposed taxes that would be increased into that property value, and they can be abated up to 100%. It’s a matter of reassessing that property after it has been improved and looking at the percentage of that abatement. He said that to help increase investment in the historic district and encourage historic preservation it is important to have a tax abatement ordinance prepared. Public Comment closed. Mayor Krauss closed public comment. 10 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 Paul Luwe, City Attorney Mr. Luwe stated that statute provides that the BHPAB shall determine eligibility, and they will make a recommendation of approval or denial to the Commission, then it is the Commission’s decision. Ms. Kramer Ms. Kramer stated that the BHPAB is interested first in getting into a policy meeting. Mayor Krauss Mayor Krauss stated that he is in favor of a policy meeting. Mr. Epple Mr. Epple asked the Commission if they want the BHPAB to draft some guidelines. Crs. Rupp, Becker, and Jacobson Crs. Rupp, Becker, and Jacobson said yes, and Cr. Becker wanted to see numbers. Cr. Rupp Cr. Rupp stated that the work has to be historic, not just that the work was done. Mr. Epple Mr. Epple said that in December they can bring forward this proposal that was submitted months ago with a staff and BHPAB evaluation and recommendation. He doesn’t think they can hold someone off until they have a comprehensive program in place. Cr. Rupp Cr. Rupp agreed that it might take some pressure off if they come to resolution on these two applications and then step back and put together a tax abatement process that makes some sense. Mayor Krauss Mayor Krauss stated that going through those two applications will inform their discussion. Ms. Kramer Ms. Kramer said she believes the state ordinance specifies the Secretary of Interior’s standards and then enables further local standards so she will write a staff report that calls out that language. 5. Streamline Bus Shelters (Epple) Cr. Rupp Based on the Rules of Procedure, Cr. Rupp recused himself from this discussion because this is an activity that the HRDC is currently administering. Mr. Epple Mr. Epple presented the staff report and raised questions about the number of bus shelters (24-30 total over the next 3-5 years?) and how the shelters would be paid for (by advertisers, the 11 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 community, or grants?). He stated that Streamline wants to get five or six shelters up immediately. Cr. Jacobson Cr. Jacobson wanted to install five or six more bus shelters immediately while working out an alternative. Cr. Becker Cr. Becker would feel much more comfortable if these conditions are met: he wants to run the Chandler shelter design through the Design Review Board; to reduce the lumens because it’s too bright; to develop a consistent poster standard; to have stronger, more pronounced rooflines that can be carried from the custom shelter to the Chandler shelter (the design is weak and can be better); to have a shelter and bus service at the airport; and to have title on the bus shelters and lease them to Chandler so the City controls the shelters in case unforeseen circumstances emerge. He said that he would call Chandler to ask about maintaining ownership of the land/shelters. Cr. Kirchhoff Cr. Kirchhoff wanted the MSU architecture design students to design the shelters, and he didn’t want people to have to wait until next season. He didn’t want shelters with advertising on them. Mayor Krauss Mayor Krauss wants to see something particularly “Bozeman” in their design. He isn’t opposed to advertising. He isn’t impressed with putting those all over town. Mayor Krauss Mayor Krauss told Cr. Rupp to come forward to answer questions about Streamline. Jeff Rupp Mr. Rupp approached the podium and identified himself as CEO of the Human Resource Development Council. He stated that one of HRDC’s programs is Streamline. He said the buses are owned by MDOT, along with those who put up the matching funds: MSU, HRDC, Bozeman, the County, and Belgrade. He said the transit board has identified five or six public spaces for shelters. Suspension of Rules of Procedure Mayor Krauss suspended the Rules of Procedure at 10:00 pm for the next 10 minutes until they are done. Cr. Becker Cr. Becker stated that he will call Chandler. There might not be much that needs to be changed to upgrade these shelters, and there might be public construction costs to produce a better aesthetic. Let’s find out the information, see what we can do with what finite resources we have, see what contracts are amenable to him, and go from there. Cr. Jacobson 12 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 Cr. Jacobson wanted to get this back on a Commission agenda as soon as possible. 6. Appointment to the Community Affordable Housing Advisory Board (CAHAB) (Delaney) Motion and Vote to approve the appointment of Susan Floerchinger. It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the appointment of Susan Floerchinger. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 5-0. H. FYI/Discussion Mayor Krauss After checking with the Commissioners, Mayor Krauss stated that the November 25 Policy Meeting will be cancelled because there will not be a quorum. Mr. Kukulski Mr. Kukulski stated that because of the cancelled policy meeting the Neighborhood Recognition Ordinance will come to the Commission for review and approval at a regular Commission meeting in early November. Mayor Krauss Mayor Krauss stated that he wants this to go on a Monday night. Cynthia Jordan Delaney, Deputy City Clerk Ms. Delaney stated that because of the cancelled policy meeting and no meeting on October 29 since it is the fifth Monday of the month, the next Commission meeting will be on November 5. 1. Ordinance No. 1729, Budget Administration (Rosenberry) Anna Rosenberry, Finance Director Ms. Rosenberry stated that per the Rules of Procedure, she needed to introduce the proposal of the draft Budget Administration Ordinance and gave the Commissioners copies of the draft. It will be on the Commission meeting agenda for provisional adoption on November 5 and final adoption on November 19. Mayor Krauss Mayor Krauss asked about when the Charter is effective because the Charter requires them to do an ethics training. Paul Luwe, City Attorney 13 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 Mr. Luwe stated that the Charter will be effective on January 1, and the Commission will have a training some time after January 1. I. Adjournment Mayor Krauss adjourned the meeting. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, City Clerk PREPARED BY: ______________________________________ Cynthia Jordan Delaney, Deputy City Clerk Approved on ___________________________. 14