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HomeMy WebLinkAbout04-13-09 Minutes, City Commission LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 13, 2009 **:~:~~****:~:x*:x********* The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, April 13, 2009. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Kukulski, Finance Director Anna Rosenberry, Planning Director Andy Epple, Assistant City Attorney Tim Cooper, and City Clerk Stacy Ulmen. 0:00:15 A. Call to Order - 6 p.m. -Commission Room, City Hall, 121 North Rouse Mayor Jacobson called the meeting to order. 0:00:16 B. Pledge of Allegiance and a Moment of Silence Mayor Jacobson asked that the former City Commissioner Joan M. Rudberg be remembered during the Moment of Silence. 0:00:57 C. Changes to the Agenda Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the Agenda. 0:01:02 Chris Kukulski, City Manager Mr. Kukulski stated that there were no changes to the Agenda. 0:01:06 D. Public Service Announcements 0:01:13 1. Gallatin .Earth Celebration (Meyer) Natalie Meyer, City Grants/Climate Protection Coordinator spoke regarding the second annual Gallatin Earth Celebration. There are many events that are going on beginning with an E-Waste event. 0:04:32 2. Grand Opening of Bridger Park Downtown (Burns) Paul Burns, City of Bozeman's Parking Manager stated that the Bridger Park Downtown Parking Garage opened this morning. 0:05:11 3. Announcement of Vehicle and Bicycle Auction on April 18, 2009 (McLane) Rich McLane, Police Lieutenant spoke regarding the Vehicle and Bicycle Auction on April 18, 2009. The viewing begins at 9 a.m. 0:06:07 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Approve Cancelling the Regular Meeting on Monday, May 4, 2009 and Schedule a Roundtable Discussion with Planning and Engineering that Evening (Ulmen) Linked Minutes of the Bozeman Ciry Commission Meeting, Aprrl 13, 2009 3. Approve the Monthly Building Report for March 2009 (Risk) 4. Ratify City Manager's signature on Agreement between the Department of the Army and the City of Bozeman, Montana for Design and Construction Assistance for the City of Bozeman Water Reclamation Facility, Gallatin County, Bozeman, Montana (Murray) 0:06:13 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:06:26 Motion and Vote to approve Consent Items E. 1-4. It was moved by Cr. Rupp, seconded by Cr. Becker to approve Consent Items E. 1-4. Those voting Ave being Crs. Rupp, Becker, Krauss, Bryson ,and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 0:06:42 F. Public Comment Mayor Jacobson opened public comment. 0:07:00 Hallie Rugheimer, Public Comment Ms. Rugheimer 1400 Story Mill Road spoke regarding the view shed in the lower Bridger Mountains. She spoke regarding sprawl. She spoke regarding sustainability of agriculture. 0:10:39 June Humble, Public Comment Ms. Humble 1441 North 15th Avenue spoke regarding the Summerwood Apartments. She spoke regarding the elimination of exercise machines in the apartments. 0:12:07 Public Comment Closed. Mayor Jacobson closed public comment. 0:12:12 G. Action Items 0:12:15 1. Story Mansion Community Center Conditional Use Permit and Certificate of Appropriateness with a Deviation Application, No. Z-09022 (Bristor) 0:12:23 Public Hearing open Mayor Jacobson opened the Public Hearing. 0:12:28 Allyson Bristor, Associate Planner and Historic Preservation Officer Ms. Bristor gave the staff presentation regarding the Story Mansion Community Center Conditional Use Permit and Certificate of Appropriateness with a Deviation Application. t} " Linked Minutes of the Bozeman City Commission Meeting, April 13, 2009 0:22:17 Cr. Bryson Cr. Bryson spoke regarding the parking spaces on the street. 0:22:31 Ms. Bristor Ms. Bristor spoke regarding phase 1 of the parking. 0:24:02 Public Comment Mayor Jacobson opened public comment. 0:24:13 Jane Klockman, Public Comment Ms. Klockman of 713 South Willson stated that she is representing the Friends of the Story Mansion. The group has an IRS status and wants to work with the Community at large. They envision this as a work in progress and invited others to join the group. 0:26:25 Rob Kaufmann, Public Comment Mr. Kaufmann of 3632 Bungalow Lane spoke regarding the parking areas. He feels that the impact of the Story Mansion is large and that the City should not compete with private businesses. This is going to be a troublesome area. 0:29:17 Elsa Campbell, Public Comment Ms. Campbell of 14577 Cottonwood Canyon Road stated that she is the owner of property on South Willson. She runs a private events center called the Woodlands. She is against the City entering into direct competition. The City should not pick up "for profit" events. She has concerns of the wrap up time of 11 p.m. and suggests that the time be changed to 9 p.m. 0:31:49 Lonnie Bos, Public Comment Mr. Bos of 74 East Alexa Court stated that he operates the Lazy B Farm. He disagrees with competing against tax payer dollars. This should stay with non-profit dollars. 0:33:10 Charlton Campbell, Public Comment Mr. Campbell of 14577 Cottonwood Canyon Road and owns property on Willson. He is here on behalf of his mother. He does not see how this is a conditional use. This is a commercial facility. He spoke regarding the parking which should be determined by square footage. 0:36:31 Mark Kaufmann, Public Comment Mr. Kaufinann of 4247 Benepe Street stated that he is representing his parents at 912 South Willson. He spoke regarding parking. Many people will be entering the residential neighborhood. 0:37:33 Dee Dee Taylor, Public Comment Ms. Taylor of 8 West Harrison Street stated she is a member of the Friends of the Story Mansion. The friends group has been in existence for a year. Have had open meetings at the Library. Linked Minutes of the Bozeman City Commission Meeting, April ]3, 2009 Their core mission is to support the City's ownership. They want to balance the use of these buildings and the property. 0:41:02 Charidy Jenson. Public Comment Ms. Jenson of 777 Haggerty Lane stated that the Story Mansion is an asset to the Community. She spoke regarding security. She feels that a balanced use is important. 0:43:56 Katie Bark. Public Comment Ms. Bark of 524 South 5th stated that she likes the Story Mansion but is concerned about lights and security. She would like the time for events being done earlier than 11 p.m. She thinks the area would be good for a Community Garden. 0:45:23 Steven Tanner. Public Comment Mr. Tanner of 807 South Grand Avenue stated that he is interested in historic preservation and is a friend of the Friends of the Story Mansion. He stated that activities have not been defined yet. Need to determine what kind of activities there will be. This needs to be determined before the parking. He is In favor of maintaining the Story Mansion. 0:47:58 Public Comment closed Mayor Jacobson closed public comment. 0:48:13 Ms. Bristor Ms. Bristor spoke regarding landscaping and screening. 0:51:42 Public Hearing closed Mayor Jacobson closed the public hearing. 0:51:55 Mayor Jacobson Mayor Jacobson spoke regarding the other City facilities. 0:54:02 Cr. Bryson Cr. Bryson stated that the parking seems problematic. 0:55:37 Cr. Krauss Cr. Krauss spoke regarding his concern of the conditional use permit. 0:59:38 Cr. Becker Cr. Becker spoke regarding the City's Noise Ordinance. 1:01:01 Mr. Epple Mr. Epple spoke regarding the process of determining parking requirements. 1.:09:14 Cr. Rupp Cr. Rupp spoke regarding the public comment received. v 4 Linked Minutes of the Bozeman City Commission Meeting, April 13, 2009 1:15:07 Motion to approve the Story Mansion Community Center Conditional Use Permit and Certificate of Appropriateness with Deviation Application No. Z-09022 as conditioned by staff limiting the application to the first floor. It was moved by Cr. Becker, seconded by Cr. Krauss to approve the Story Mansion Community Center Conditional Use Permit and Certificate of Appropriateness with Deviation Application No. Z-09022 as conditioned by staff limiting the application to the first floor. 1:19:56 Amendment to the Main Motion that the hours of closing be changed from 11 p.m. to 9 p.m. It was moved by Cr. Rupp, seconded by Cr. Krauss that the hours of closing be changed from 11 p.m. to 9 p.m. 1:21:14 Amendment withdrawn that the hours of closing be changed from 11 p.m. to 9 p.m. Cr. Rupp withdrew his amendment that the hours of closing be changed from 11 p.m. to 9 p•m. 1:21:20 Amendment to the Main Motion that the 9 p.m. limitation is for outdoor activities. It was moved by Cr. Rupp, seconded by Cr. Becker that the 9 p.m. limitation is for outdoor activities. 1:21:46 Vote on the Amendment to the Main Motion that the 9 p.m. limitation is for outdoor activities. Those voting Ave being Crs. Rupp, Becker and Krauss. Those voting No being Cr. Bryson and Mayor Jacobson. The motion passed 3-2. 1:22:33 Vote on the Main Motion to approve the Story Mansion Community Center Conditional Use Permit and Certificate of Appropriateness with Deviation Application No. Z-09022 as conditioned by staff limiting the application to the first floor as amended. Those voting Ave being Crs. Becker, Rupp and Mayor Jacobson. Those voting No being Crs. Krauss and Bryson. The motion passed 3-2. 1:22:55 Greg Sullivan, City Attorney Attorney Sullivan asked that the evaluation of the review criteria and the findings be addressed. 5 Linked Minutes of the Bozeman City Conamisseon Meeting, Apri! 13, 2009 1:24:44 Cr. Becker Cr. Becker stated that the Intent of his motion and the votes were based upon the review criteria and findings in the staff report. 1:25:23 Break 1:40:20 2. Resolution No. 4163, Adoption of the Bozeman Community Plan (Saunders) 1:40:21 Chris Saunders, Assistant Planning Director Mr. Saunders gave the staff presentation regarding the Bozeman Community Plan. The City is required by law to update the policy every 5 years. The process began by selecting a consultant to review the document. Mr. Saunders spoke regarding the Planning Board's Vision Statement. 2:09:08 Cr. Bryson Cr. Bryson spoke regarding the Transportation Plan and the proposed extension of Highland that if constructed would go through the Delaney swamp area. 2:09:20 Mr. Saunders Mr. Saunders stated that the Transportation Plan does propose this but it is listed as a "theoretical" extension because of the change of grade in the area. 2:09:36 Cr. Bryson Cr. Bryson spoke regarding the zoning of the swamp area. 2:13:47 Mayor Jacobson Mayor Jacobson spoke regarding the possible wetlands area and asked who would determine if the land could be developed. 2:13:53 Mr. Saunders Mr. Saunders stated that there are a series of regulatory agencies that would be involved. 2:14:30 Cr. Krauss Cr. Krauss spoke regarding the two areas where the new growth policy is in conflict with the underlying zoning and asked if there were others. 2:14:55 Mr. Saunders Mr. Saunders stated that there are others and pointed them out on the map. 2:16:11 Cr. Krauss Cr. Krauss stated that he would like a report identifying the areas where the growth policy changes conflict with the underlying zoning areas and possibly ask for input from those property owners involved. 6 Linked Minutes of the Bozeman City Commission Meeting, Apri113, 2009 2:17:00 Mayor Jacobson Mayor Jacobson spoke regarding the zoning designation of Business Park. She thought that it had been discussed to eliminate this designation. 2:17:43 Mr. Saunders Mr. Saunders stated that the designation has been revised and spoke regarding those changes. 2:18:47 Cr. Becker Cr. Becker spoke regarding the Business Park Mixed Use Zoning designation. 2:20:27 Public Comment Mayor Jacobson opened public comment. 2:20:42 Casey Wells, Public Comment Mr. Wells of 1621 West College Street stated that he is Senator ASMSU. A letter was given to the Commission in regards of a couple of items that he would like to be addressed in the Community Plan. He would like to see alternative transportation addressed in the plan. 2:24:12 Steven Ziegler, Public Comment Mr. Ziegler of 2531 Whitetail Road thanked the City for being pro-active. Mr. Ziegler stated that he is concerned about the future urban boundary. He showed the area on a map and spoke regarding the view sheds. He also spoke regarding the wildlife corridors. 2:28:27 Patricia McKernan, Public Comment Ms. McKernan of 3365 Deer Creek Drive spoke regarding her concern of the future urban designation. This invites density. Is there really a need to designate the foothills future urban? She spoke regarding the amount of undeveloped acreage. 2:31:44 Charles Peetree. Public Comment Mr. Peetree of 3365 Deer Creek Drive spoke regarding the area of concern in the foothills. Doesn't seem to be a benefit is respect to the possible density. He is suggesting that a new category be added calling the area Future Rural. He suggested that the City work with the County to develop a plan to keep the foothills at a low density. 2:35:38 Lucille Pone, Public Comment Ms. Pope stated that she is with the Alliance for Building Communities. The organization is interested in housing from the $10,000-$100,000 range. She thanked the Planning Board for their work. She spoke regarding affordable housing and urged the Commission to support the plan. 2:36:39 Bonnie Jarret. Public Comment Ms. Jarret stated that she is representing the Delaneys. She spoke regarding the zoning on the wetlands. 7 Linked Minutes of the Bozema~a City Commission Meeting, Apri113, 2009 2:38:20 Richard Shafski, Public Comment Mr. Shafski of 125 Sypes Canyon Spur Road stated that he lives on the border of view sheds. Water is a concern in that area and will not support urban growth. He urged the Commission to look at defining this area as something else. 2:40:10 Ted Lame, Public Comment Mr. Lange of the Gallatin Valley Land Trust stated that they support the 2020 plan. He suggested an amendment regarding integrating and supporting agriculture. He has no problem with renaming the foothills something more neutral. He spoke regarding the wetlands. 2:43:38 Johns Ferdinand, Public Comment Mr. Ferdinand of 2355 Whitetail road stated he does not live in the City and is in the foothills. This area needs to be treated different than the flatlands. It makes more sense to build down on the flat ground and it makes sense to make flat areas different than the foothills. The wording is problematic. 2:45:38 Brian Dingman, Public Comment Mr. Dingman of 8645 Lookfar Way spoke regarding the urban designation. This is contradictory of the Vision statement. 2:46:23 Paul Rugheimer, Public Comment Mr. Rugheimer of 1400 Story Mill Road and 506 Oxford Drive showed a power point showcasing the view of foothills from different locations around the City. The foothills deserve better then random planning. He spoke regarding the current houses that are on the foothills. He urged the existing guidelines for the properties in the foothills. 2:51:19 Brian Caldwell, Public Comment Mr. Caldwell stated that he is the Planning Board's President. He spoke regarding the UDO and the section pertaining to review and amendment section and the process therein. There is review criteria that wasn't there in the past. 2:54:17 Cr. Krauss Cr. Krauss asked Mr. Caldwell if the Planning Board would be willing to meet and discuss the plan. 2:56:18 Lynn Rugheimer, Public Comment Ms. Rugheimer of 1404 Story Mill Road stated that she commented the last 2 times the plan was updated. She spoke regarding the Bridger foothills. She is concerned with some of the plans shown this evening. 8 Linked Mi--utes of the Bozeman City Commission Meeting, April 13, 2009 2:58:36 Katie Bark. Public Comment Ms. Bark of 524 South 5th spoke regarding health, safety, and sustainability. She stated that she is promoting a complete streets ordinance. She also would like to promote the sustainability for more gardens. She spoke regarding the safety on the trails. There needs to be rules and signage. 3:00:47 Chris Mehl. Public Comment Mr. Mehl of 115 South Willson stated that he is on the Planning Board. He thanked the Board members. He said it is a good plan and will move Bozeman forward. It is shorter and easier to read. They have improved the amendment process. 3:02:44 Public Comment closed. Mayor Jacobson closed public comment and the public hearing. 3:02:56 Mayor Jacobson Mayor Jacobson spoke regarding Climate protection within the plan. She would like to have it beefed up a bit. It needs to be clearer. She suggested having Natalie Meyer, the City's Climate Protection representative draft up a section regarding carbon emissions. 3:05:19 MayorJacobson Mayor Jacobson spoke regarding Chapter 14 regarding regional cooperation. She spoke regarding the things that the City is doing with MSU. The work on the Town Gown should be added to the list. 3:07:08 Cr. Bryson Cr. Bryson spoke regarding the economic development portion of the plan. 3:08:50 Cr. Bryson Cr. Bryson stated that there needs to be nuts and bolts regarding economic development and that we have groups drafting specific plans, they should be incorporated into the plan. 3:09:48 Mr. Mehl Mr. Mehl spoke regarding the Planning Board is in support of Cr. Bryson's statements regarding economic development. 3 :11:3 8 Cr. Rupp Cr. Rupp thanked the Planning Board for their work on the plan. There is a lot of information. He supports getting together with the Planning Board next. He spoke regarding the transit system and that ASMSU should be listed along with the City of Belgrade along with the non- profit running that system. He looks forward to a discussion with the Planning board regarding the foothills. 3:15:49 Cr. Becker Cr. Becker stated that GVLT's proposed amendment and does not have a problem with it. 9 Linked Minutes of the Bozeman Cdry Commission Meeting, April 13, 2009 3:16:23 Mr. Saunders Mr. Saunders stated that the amendment has been incorporated already into the plan. 3:16:34 Cr. Becker Cr. Becker stated that he agrees with the link to the Climate Plan, Town Gown addition, and the Streamline edits. Cr. Becker spoke regarding the trail use. and complete streets as brought forth in public comment. The trails are covered in the PROST Plan. The complete streets are covered in the Transportation Plan. Cr. Becker spoke regarding annexation, Future Urban, and \the mass transit issues that were brought up during public comment. 3:24:05 Cr. Krauss Cr. Krauss spoke regarding bike lanes, ridgeline protection, affordable housing, dark skies ordinance. Cr. Krauss spoke regarding the foothills. He has concerns regarding the conflict of the plan and underlining zoning. 3:30:35 Mayor Jacobson Mayor Jacobson spoke regarding growth projections. 3:35:21 Mr. Cooper Mr. Cooper stated that because the public hearing has been closed, there would need to be a Motion and seconded for an additional public hearing. 3:35:54 Motion to call for an additional public hearing, and that we schedule a meeting as soon as it's possible for staff and the planning board to put together on a regular Monday night meeting to discuss with the Planning Board the Community Plan as its been presented to us. It was moved by Cr. Krauss, seconded by Cr. Bryson to call for an additional public hearing, and that we schedule a meeting as soon as it's possible for staff and the planning board to put together on a regular Monday night meeting to discuss with the Planning Board the Community Plan as its been presented to us. This motion was clarified as follows: It was decided to hold the next Public Hearing on Apri127t" and then the two groups (Commission and Planning Board) would discuss the plan, and then on May llt", possibly take action (with additional public comment again) on the Community Plan. 3:48:40 Vote on the Motion to call for an additional public hearing, and that we schedule a meeting as soon as it's possible for staff and the planning board to put together on a regular Monday night meeting to discuss with the Planning Board the Community Plan as its been presented to us. Those voting Ave being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson. 10 Linked Minutes of the Bozeman Ciry Comn-ission Meeting, April 13, 2009 Those voting No being none. The motion passed 5-0. 3:48:49 Motion and Vote to suspend the rules 15 minutes. It was moved by Cr. Krauss, seconded by Cr. Bryson to suspend the rules 15 minutes. Those voting Ave being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 3:49:12 H. FYI/Discussion 3:49:18 1. Discuss determining a date for an Informal Presentation as requested by the Gallatin Valley Spay-Neuter Coalition (Kukulski/Ulmen) Mr. Kukulski stated that this item should be discussed with a broader budget discussion. Staff will look at when this can be scheduled. 3:50:21 2. Letter regarding the status of the clean-up from the Downtown Businesses. Cr. Rupp stated that he would like to see a future agenda item and discussion as soon as the final report is done and cleanup is capable of beginning that the City takes a step forward to getting it started. He would like the Commission to look at reserves and start committing a certain amount of dollars, possibly around $250,000. Cr. Krauss stated that we need to have a "rainy day- disaster" grant. Cr. Bryson suggested a no interest long term loan. 3:56:07 3. Impact fee Schedules Cr. Becker spoke regarding certificates of occupancy. He would like staff to report the feasibility of adjusting impact fee schedules. 4:01:44 4. Community Gardens Cr. Becker spoke regarding spaces for Community Gardens. Mr. Saunders stated that gardens could possibly be placed in parks. Brit Fontenot, Neighborhoods Coordinator is looking into spaces for community garden areas. 4:05:18 I. Adjournment Mayor Jacobson adjourned the meeting at 10:14 p.m. Kaaren Jacobso ,Mayor 11 Linked Minutes of the Bozeman City Commission Meeting, April 13, 2009 ATTEST: Stacy Ul n, CM ,City Clerk PREPARED BY: Stacy Ul n, CM ,City Clerk Approved on g~` 12