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HomeMy WebLinkAboutJune 07, 2010 Minutes.pdf 1 of 14 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 07, 2010 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday June 07, 2010. Present were Mayor Jeff Krauss, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Interim Planning Director Chris Saunders, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. * Please refer to the audio recording of this meeting for additional detail. A. Call to Order-5:30 p.m. - Commission Room, City Hall, 121 North Rouse B. Executive Session - Personnel Mayor Krauss closed the meeting to the public pursuant to Sect. 2-3-203(3), MCA, finding that the meeting relates to a matter of individual privacy and the demands of individual privacy exceeds the merits of public disclosure. *A separate set of Minutes have been prepared for the Executive Session. 0:00:03 C. Call to Order regular meeting - 6 p.m. 0:00:05 D. Pledge of Allegiance and a Moment of Silence 0:00:50 E. Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. 0:00:59 Chris Kukulski Mr. Kukulski said there were no changes to the agenda. 0:01:03 F. Public Service Announcement - Citizen Advisory Board Vacancies and Expiring Terms (Kissel) 0:01:04 Aimee Kissel, Deputy City Clerk Ms. Kissel provided information regarding vacancies and expiring terms on the citizen advisory boards. 5 Minutes of the City Commission, June 07, 2010 2 of 14 0:02:49 G. Authorize Absence of Commissioner Andrus 0:02:51 Motion and Vote to Authorize the Absence of Commissioner Andrus. It was moved by Cr. Becker, seconded by Cr. Taylor to authorize the absence of Commissioner Andrus. Those voting Aye being Crs. Becker, Taylor, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:03:02 H. Minutes - Executive Session April 19, 2010, April 26, 2010, May 10, 2010 0:03:04 Motion and Vote to approve the minutes. It was moved by Cr. Taylor, seconded by Cr. Mehl to approve the executive session minutes from April 19, 2010 and regular meeting minutes from April 26, 2010 and May 10, 2010. Those voting Aye being Crs. Taylor, Mehl, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:03:24 I. Consent Items 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign North Seventh Sidewalk Infill Public Access Easements (Johnson) 3. Authorize City Manager to sign Bozeman Peaks Condominiums Public Access Easement for Open Space Area No. Z-06079A (Krueger) 4. Authorize City Manager to sign Notice of Award for the 2010 Street Improvements to Knife River, Inc. in the amount of $385,447.60 (Kerr) 5. Authorize City Manager to sign a Contract with Massive Studios in the amount of $8,995 to Design and Print Bozeman Area Bike Maps (Van Delinder) 6. Authorize Chief of Police to sign the Edward Byrne Memorial Justice Assistance Grant (JAG) Application (Gauley) 7. Acknowledge Receipt of City Manager's Recommended Budget Document for Fiscal Year 2010-2011 (FY11) (Rosenberry) 8. Approve Depository Bonds and Pledged Securities as of March 31, 2010 (Clark) 0:03:28 Public comment on consent items I. 1-8. Mayor Krauss opened public comment. 6 Minutes of the City Commission, June 07, 2010 3 of 14 No person commented. Mayor Krauss closed public comment. 0:03:44 Motion and Vote to approve consent items I. 1-8. It was moved by Cr. Mehl, seconded by Cr. Becker to approve consent items I. 1-8. Those voting Aye being Crs. Mehl, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:04:07 J. Public Comment Mayor Krauss opened general public comment. 0:04:32 Terri Sullivan, Public Comment Ms. Sullivan of 302 North 3rd Ave. spoke regarding the General Willson / Delaney Building agenda item. She said she sent an email to the Commission yesterday regarding her views and then polled fellow business and building owners today on Main Street and came up with a petition of ten members of this constituency who felt the same way she does about this issue. She said she is opposed to selling public parking spaces to one business so they might sell more food and drink to the detriment of all of us. She spoke regarding the cost and value of the parking spaces. She asked that the Commission not pass the related Ordinance and not sell these parking spaces. 0:07:42 Public Comment Closed Seeing no further public comment, Mayor Krauss closed public comment. 0:07:48 K. Action Items 0:07:52 1. Commission discussion with and direction to the Planning Board (Saunders) 0:08:01 2. Commission discussion with and direction to the Board of Adjustment Mayor Krauss combined action items one and two, handling both items at once. 0:08:25 Chris Saunders, Interim Planning Director Mr. Saunders provided background on the Planning Board, explaining the boards authorization, purposes and charges. He also explained the source of the criteria the Planning Board must use to make decisions and spoke regarding the composition of the Board. 0:13:56 Mayor Krauss Mayor Krauss said the Planning Board does not have a quorum present, but since the Board of Adjustment does, he asked the Chair of the Board of Adjustment to call their meeting to order. 7 Minutes of the City Commission, June 07, 2010 4 of 14 0:14:09 JP Pomnichowski, Board of Adjustment Ms. Pomnichowski called the meeting of the Board of Adjustment to order. 0:15:31 Chris Saunders Mr. Saunders provided information regarding the purpose, authority and composition of the Board of Adjustment, explaining they are a zoning related board with final decision making authority. The board is charged with looking at zoning applications and sketch or site plans related to variances or deviations, or a conditional use permit. The City Commission does however have the authority to reclaim jurisdiction on an application. 0:19:39 Mayor Krauss Mayor Krauss asked the members of both boards to introduce themselves. 0:19:55 JP Pomnichowski, Chair of the Board of Adjustment Ms. Pomnichowski introduced herself. 0:19:59 Caroline Adams, Board of Adjustment Ms. Adams introduced herself. 0:20:04 Edward Szczypinski, Planning Board and Board of Adjustment member Mr. Szczypinski introduced himself. 0:20:08 Richard Lee, Board of Adjustment Mr. Lee introduced himself. 0:20:18 Bill Quinn, Planning Board Mr. Quinn introduced himself saying he is a County representative. 0:20:24 Chris Budeski, Planning Board Mr. Budeski introduced himself. 0:20:42 Mayor Krauss Mayor Krauss explained he would really like to hear from the Board members regarding what is on their minds. 0:21:17 JP Pomnichowski, Board of Adjustment Chair Ms. Pomnichowski thanked the Mayor for this opportunity and expressed pride that the Board uses the same criteria for everyone to ensure the same standards. She asked the Commission if they have criteria regarding when the Commission reclaims jurisdiction over an application. 0:23:36 Mayor Krauss Mayor Krauss explained that the criteria for reclaiming an application is that three members of the Commission or the Mayor must agree to reclaim it. He explained the reason behind the ability for the Commission to reclaim jurisdiction. 8 Minutes of the City Commission, June 07, 2010 5 of 14 0:25:09 Cr. Mehl Cr. Mehl spoke further regarding the reasoning behind reclaiming jurisdiction and said reclaiming is not a reflection on the Board of Adjustment. 0:26:29 Mayor Krauss Mayor Krauss spoke regarding the timeliness of getting before the Commission and asked the board to communicate with the Commission regarding issues they are having problems with or feel legislative changes should be made. 0:28:49 JP Pomnichowski Ms. Pomnichowski explained that the board's scope is limited and quite structured. She then spoke further regarding reclaiming procedures. 0:30:16 Mayor Krauss Mayor Krauss continued the discussion regarding reclaiming applications. 0:32:57 Ed Szczypinski, Planning Board and Board of Adjustment member Mr. Szczypinski began a discussion with the Commission regarding why applicants might ask the Commission to reclaim jurisdiction. 0:35:49 Cr. Mehl Cr. Mehl spoke regarding the importance of the Commission liaison communicating between the board and the Commission. 0:41:24 Mayor Krauss Mayor Krauss continued the discussion regarding the importance of communicating policy or legislative issues, problems, etc. between the boards and the Commission. 0:44:38 Mayor Krauss Mayor Krauss began a discussion regarding the importance of regular meeting attendance. 0:48:18 JP Pomnichowski Ms. Pomnichowski adjourned the meeting of the Board of Adjustment. 0:48:48 Bill Quinn, Planning Board Mr. Quinn explained that several of the Planning Board members were present for the meeting earlier in the evening, but had prior commitments at 7 p.m. He then spoke regarding the board working on updating the 2020 plan and the Community Plan and providing a forum for citizens to participate in those discussions. 0:51:04 Edward Szczypinski, Planning Board member Mr. Szczypinski spoke regarding his unique perspective from serving on both the Planning Board and Board of Adjustment and the importance of cross pollination between the two. He also spoke regarding the role the Planning Board has in looking to the future. 9 Minutes of the City Commission, June 07, 2010 6 of 14 0:51:58 Chris Budeski, Planning Board member Mr. Budeski spoke regarding his appreciation of the diversity of the representatives on the Planning Board. 0:53:03 Mayor Krauss Mayor Krauss spoke to the huge task of looking at the Community Plan. He asked the board if they have any new projects in mind they would like to take on and said the Commission might have some ideas of projects the Commission would like the board to take on. Mayor Krauss also asked the board if they had a preference regarding member representation they might be missing on the board. 0:54:43 Bill Quinn, Planning Board member Mr. Quinn said he has heard gender related comments regarding a new board member. 0:55:30 Edward Szczypinski, Planning Board member Mr. Szczypinski spoke regarding how to move policies or agenda items forward. 0:56:01 Chris Budeski, Planning Board member Mr. Budeski said he would like to see representation from parks and recreation. He feels the planning board should take a look at suggestions for minor changes to the Unified Development Ordinance. 0:58:05 Cr. Mehl Cr. Mehl feels a long term goal for the board is to have a joint meeting/discussion with the Economic Development Council and the City Planning Board. 0:59:26 Chris Budeski, Planning Board member Mr. Budeski continued the discussion regarding the importance of combining planning with economic development. 1:00:33 Mayor Krauss Mayor Krauss said he would like to see a larger variety of lots for sale in Bozeman and would like to look at how to encourage that. Discussion continued on this topic. 1:06:31 Cr. Becker Cr. Becker spoke regarding the ability of the Planning Board to take the lead on policy, providing examples. He also spoke regarding the value of the Planning Board reviewing the two year goals of the Commission. Cr. Becker then provided an idea to add 'horizon items' to the agenda. 1:10:28 Cr. Mehl Cr. Mehl spoke regarding the recent City tour and the importance of recommendations from the Planning Board on issues such as properties facing bankruptcy, beautification, maintenance issues, public safety, etc. 10 Minutes of the City Commission, June 07, 2010 7 of 14 1:12:31 Cr. Taylor Cr. Taylor thanked the Planning Board for the work that they do and asked if there were ways the Commission could help the Planning Board. 1:13:02 Chris Budeski, Planning Board member Mr. Budeski spoke regarding the difficulties of digesting information when receiving packet information on Thursday for a Tuesday meeting. 1:14:39 Chris Budeski, Planning Board member Mr. Budeski said the Planning staff is very thorough in the information provided in the packets. 1:16:02 Break Mayor Krauss called for a short break. 1:30:28 Meeting called back to order. Mayor Krauss called the meeting back to order. 1:30:37 3. Evans Annexation No. A-10002 (Riley) 1:30:52 Doug Riley, Department of Planning and Community Development Mr. Riley gave the staff presentation on this item. 1:35:45 Cr. Mehl Cr. Mehl began questions for staff, asking about the power line issue. 1:37:32 Mac Evans, Applicant Mr. Evans asked for the Commissions support with this annexation. 1:38:27 Dave Crawford, TD & H Engineering Mr. Crawford said he was available for questions and they have completed the flood plain mapping. 1:39:57 Public Comment Mayor Krauss opened public comment. 1:40:04 Ted Lange, Public Comment Mr. Lange of Gallatin Valley Land Trust supports the inclusion of a trail easement as a condition although they would not advocate building the trail at this time. 1:41:42 Rick Lazinski, Public Comment Mr. Lazinski asked how this annexation would affect the estate south of the subject property and how and where a trail would work. 11 Minutes of the City Commission, June 07, 2010 8 of 14 1:45:26 Public Comment Closed Seeing no further public comment, Mayor Krauss closed public comment and asked for applicant rebuttal. 1:45:41 Dave Crawford, TD & H Engineering Mr. Crawford spoke regarding the rationale for the location of the trail easement. 1:49:37 Mr. Riley Mr. Riley continued the discussion regarding the trail easements along the creek and then read the public comment in opposition to the annexation. 1:51:40 Mayor Krauss Mayor Krauss closed the public hearing and opened motion, discussion and vote. 1:52:16 Motion to adopt the findings provided in the staff report and approving Evans Annexation No. A-10002 with the eleven recommended terms listed on pages two and three of the staff report, and directing staff to prepare an annexation agreement for signature by the involved parties. It was moved by Cr. Becker, seconded by Cr. Taylor to adopt the findings provided in the staff report and approving Evans Annexation No. A-10002 with the eleven recommended terms listed on pages two and three of the staff report, and directing staff to prepare an annexation agreement for signature by the involved parties. 1:54:56 Mayor Krauss Mayor Krauss began discussion on the motion saying he will support the motion and providing reasons why. 1:55:40 Vote on the motion to adopt the findings provided in the staff report and approving Evans Annexation No. A-10002 with the eleven recommended terms listed on pages two and three of the staff report, and directing staff to prepare an annexation agreement for signature by the involved parties. Those voting Aye being Crs.Becker, Taylor, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 1:56:15 4. Evans Zone Map Amendment No. Z-10047 (Riley) 1:56:19 Doug Riley, Department of Planning and Community Development Mr. Riley gave the staff presentation on this item. 1:59:37 Cr. Becker Cr. Becker began questions for staff. 12 Minutes of the City Commission, June 07, 2010 9 of 14 2:03:33 Dave Crawford, with TD & H Engineering on behalf of the applicant. Mr. Crawford addressed comments regarding water and sewer. 2:04:36 Public Comment Mayor Krauss opened public comment. 2:04:41 Ted Lange, Public Comment Mr. Lange of Gallatin Valley Land Trust feels the conditions on this amendment are very important. 2:04:59 Rick Lazinski, Public Comment Mr. Lazinski spoke regarding the possibility of a precedent being set for the other properties south of the subject property. 2:08:22 Public Comment Closed Seeing no further public comment, Mayor Krauss closed public comment. 2:08:31 Dave Crawford, Applicant Mr. Crawford spoke to the sewer and water issues and limitations on capacity on the Rouse sewer. 2:10:59 Mayor Krauss Mayor Krauss closed the public hearing and opened motion, discussion and vote. 2:11:05 Motion to adopt the findings provided in the staff report and approving an initial municipal zoning designation of R-1 (Residential, single household low density district) for the property subject to the contingencies listed in Zoning Commission Resolution No. Z- 10047. It was moved by Cr. Taylor, seconded by Cr. Mehl to adopt the findings provided in the staff report and approving an initial municipal zoning designation of R-1 (residential, single household low density district) for the property subject to the contingencies listed in Zoning Commission Resolution No. Z-10047. 2:11:26 Mayor Krauss Mayor Krauss responded to issues brought up by public comment and the Zoning Commission hearing. 2:15:08 Vote on the motion to adopt the findings provided in the staff report and approving an initial municipal zoning designation of R-1 (residential, single household low density district) for the property subject to the contingencies listed in Zoning Commission Resolution No. Z-10047. Those voting Aye being Crs. Taylor, Mehl, Becker and Mayor Krauss. 13 Minutes of the City Commission, June 07, 2010 10 of 14 Those voting No being none. The motion passed 4-0. 2:16:27 5. Public Hearing & Adoption of the Solid Waste Fund Capital Improvements Plan for Fiscal Years 2011-2015 (Rosenberry) 2:16:43 Anna Rosenberry, Finance Director Ms. Rosenberry introduced the proposed capital improvements plan for the solid waste fund. 2:22:13 Mayor Krauss Mayor Krauss asked for questions regarding this item. 2:22:25 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment and opened motion, discussion and vote. 2:22:42 Motion And Vote to adopt the Solid Waste Fund portion of the Capital Improvements Program for Fiscal Years 2011-2015. It was moved by Cr. Mehl, seconded by Cr. Becker to adopt the Solid Waste Fund portion of the Capital Improvements Program for Fiscal Years 2011-2015. Those voting Aye being Crs. Mehl, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:23:10 6. Public Hearing & Approval of Resolution No. 4259, Establishing Solid Waste Collection Fees for Solid Waste Services (Rosenberry) 2:23:20 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation on this item. 2:26:17 Mayor Krauss Mayor Krauss began questions for staff. 2:27:07 Ms. Rosenberry, Finance Director Ms. Rosenberry responded to Mayor Krauss' question explaining that commercial customers are charged for extra materials by the estimated additional yardage. This information could be incorporated into the Resolution under item D. 2:28:22 Steve Johnson, Superintendent of Solid Waste Mr. Johnson answered questions from Mayor Krauss regarding specialty items. 2:29:59 Cr. Becker Cr. Becker asked questions of staff regarding the upcoming rate study. 14 Minutes of the City Commission, June 07, 2010 11 of 14 2:31:04 Mr. Johnson, Superintendent of Solid Waste Mr. Johnson spoke to the gains and goals of the upcoming rate study. 2:32:34 Cr. Becker Cr. Becker asked questions regarding the process of bidding commercial customers. 2:34:36 Cr. Becker Cr. Becker asked questions regarding the compost service. 2:37:49 Mr. Johnson Mr. Johnson spoke regarding the possibility of using the landfill gas that is generated. 2:38:36 Cr. Becker Cr. Becker indicated he would like the compost issue to be part of the rate study. 2:39:05 Cr. Mehl Cr. Mehl asked questions regarding the financial aspect of curbside recycling. 2:48:07 Rules of Procedure suspended for 15 minutes. Mayor Krauss suspended the rules of procedure for fifteen minutes to allow the meeting to extend past 10 p.m. 2:48:31 Mayor Krauss Mayor Krauss asked questions of staff. 2:50:58 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment and opened motion and vote. 2:51:11 Motion and Vote to approve Resolution No. 4259, establishing solid waste collection fees for solid waste services. It was moved by Cr. Becker, seconded by Cr. Taylor to approve Resolution No. 4259, establishing solid waste collection fees for solid waste services. Those voting Aye being Crs. Becker, Taylor, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:51:48 Mayor Krauss Mayor Krauss suspended the rules of procedure until 10:30 to allow the meeting time to be extended. 15 Minutes of the City Commission, June 07, 2010 12 of 14 2:51:52 7. General Willson Building Site Plan and Certificate of Appropriateness Application No. Z-09235 (Bristor) 2:52:13 Allyson Bristor, Associate Planner, Department of Planning and Community Development Ms. Bristor gave the staff presentation on this item. 2:57:03 Cr. Mehl Cr. Mehl began questions for staff. 2:57:56 Cr. Taylor Cr. Taylor asked questions of staff. 2:59:18 Tony Renslo, Applicant Mr. Renslo of 101 East Main Street, representing Delaney and Co. gave the applicant presentation on this item. 3:02:09 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment and opened motion, discussion and vote. 3:02:19 Motion to preliminarily approve the General Willson site plan and certificate of appropriateness, Application No. Z-09235 with the conditions of approval and code provisions recommended by staff. It was moved by Cr. Taylor, seconded by Cr. Mehl to preliminarily appprove the General Willson site plan and certificate of appropriateness, Application No. Z-09235 with the conditions of approval and code provisions recommended by staff. 3:02:47 Mayor Krauss Mayor Krauss provided discussion on the motion. 3:03:48 Cr. Taylor “ Cr. Taylor continued discussion on the motion. 3:04:30 Vote on the motion to preliminarily approve the General Willson site plan and certificate of appropriateness, Application No. Z-09235 with the conditions of approval and code provisions recommended by staff. Those voting Aye being Crs. Taylor, Mehl, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 16 Minutes of the City Commission, June 07, 2010 13 of 14 3:04:45 8. Appointment to the City Planning Board 3:04:45 Mayor Krauss Mayor Krauss chose not to make a Mayoral appointment to the Planning Board at this time. 3:04:52 9. Appointments to the Bozeman Historic Preservation Advisory Board (Kissel) 3:05:00 Mayor Krauss Mayor Krauss chose to postpone item no. nine, since one of the applicants used Cr. Andrus as a reference and she was not present. 3:05:15 L. FYI/Discussion 3:05:21 Cr. Becker Cr. Becker asked if anyone was available this Thursday at 7 p.m. to attend the Recreation and Parks Advisory Board meeting as he will be unable to attend. 3:06:10 Cr. Taylor Cr. Taylor agreed to attend the next Recreation and Parks Advisory Board meeting for Cr. Becker. 3:06:44 Mr. Kukulski Mr. Kukulski said he had left a message earlier to reschedule the Habitat for Humanity project tour as next Monday does not seem like the best time to tour. 3:07:46 Anna Rosenberry, Finance Director Ms. Rosenberry provided a brief update on the budget presentation. She spoke regarding working with the Information Technology Department to bring about creative technological ways for people to provide public comment on budget presentations. 3:09:11 Mayor Krauss Mayor Krauss said the new President of Montana State University went to the Board of Regents and got a College of Technology administered for Bozeman if there is a mill levy to support that before they can expand. Mayor Krauss will be proposing that the College of Technology be supported in their efforts. 17 Minutes of the City Commission, June 07, 2010 14 of 14 3:11:11 M. Adjournment Mayor Krauss adjourned the meeting at 10:24 p.m. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________. 18