HomeMy WebLinkAboutJuly 19, 2010 Commission minutes.pdf
July 19, 2010
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, June 19, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski,
Assistant City Manager Chuck Winn, City Attorney Greg Sullivan and City Clerk Stacy Ulmen.
* * Please refer to the audio recording of this meeting for additional detail.
0:02:31 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Krauss called the Meeting to Order.
0:02:34 B. Pledge of Allegiance and a Moment of Silence
0:03:26 Welcome
Mayor Krauss welcomed everyone to the Commission meeting.
0:03:44 C. Changes to the Agenda
0:03:49 D. Authorize Absence of Cr. Becker
0:03:57 Motion and Vote to authorize the absence of Cr. Becker.
It was moved by Cr. Mehl, seconded by Cr. Andrus to authorize the absence of Cr. Becker.
Those voting Aye being Crs. Mehl, Andrus, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:04:13 E. Minutes June 14, 2010
0:04:18 Motion and Vote to approve the Minutes from June 14, 2010.
It was moved by Cr. Andrus, seconded by Cr. Taylor to approve the Minutes from June 14,
2010.
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Those voting Aye being Crs. Andrus, Taylor, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:04:28 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize an Exception to Resolution No. 4250 and Authorize City Manager to Sign a
Memorandum Of Understanding with Gallatin County for a Law and Justice Master Plan
(Winn)
3. Authorize Award of Bid for One 2010 Structural Firefighting Apparatus to Sutphen
Corporation (Shrauger)
4. Authorize Mayor to sign the J & D Family Major Subdivision Findings of Fact and Order
No. P-10001 (Skelton)
5. Authorize Mayor to sign the Findings of Fact and Order for the preliminary plat of the
Amended Plat of Lot 7, Block 16, Cattail Creek Minor Subdivision (Riley)
0:04:35 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:05:18 Motion to approve Consent Items F. 1-5.
It was moved by Cr. Taylor, seconded by Cr. Mehl to approve Consent Items F. 1-5.
0:05:49 Vote on the Motion to approve Consent Items F. 1-5.
Those voting Aye being Crs. Taylor, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:05:58 G. Public Comment
Mayor Krauss opened Public Comment.
0:06:27 DeDee Taylor, Public Comment
Dede Taylor or 8 West Harrison Street and a member of the Friends of the Story Mansion invited
the Commission and the Public to attend the Story Mansion 100 year Birthday Party on Sunday,
July 25th.
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0:08:43 Nick Landeros, Public Comment
Mr. Landeros of 614 Lexington Drive spoke regarding the one ways. He wants to keep the one
ways but change them to go the other directions. He spoke regarding his dislike of the City's
Sign Code.
0:11:50 Jim Gingery, Public Comment
Mr. Gingery of 508 West Arnold and Executive Director of the Medical Growers Association
spoke regarding the concern of the capping of caregivers. He is asking that the Commission
reconsider this.
0:13:33 John Belshaw, Public Comment
Mr. Belshaw 1062 Oak Street spoke in favor of reverting back Mendenhall and Babcock to two
way streets.
0:15:54 Lucille Pope, Public Comment
Ms. Pope stated that she is with the Alliance for Building Communities which is a non-profit
organization which is interested in preserving affordable housing.
0:18:07 Sahara Devy, Public Comment
Ms. Devy of North 6th Street asked what the Commission does with the questions that are asked
during public comment.
0:18:41 Mayor Krauss
Mayor Krauss stated that typically the Commission does not discuss public comment.
0:21:14 Norhan Bader, Public Comment
Ms. Badar from Egypt introduced the Middle East Partnership Initiative whom consists of
leaders from 17 different countries. They are in America 5 weeks. They are grateful to be here.
0:21:57 Mayor Krauss
Mayor Krauss asked the Group if they wanted to introduce themselves.
0:22:16 The Following members introduced themselves:
Nacer Tayeb-Algeria, Ahmed Al-Qayyim-Iraq, Ebrahim Al Sharif-Yemen, Kawkab Al Balushi-
Oman, Rihab Balti-Tunisia, Anthony Tawil-Lebanon, Wajeeha Alli-Bahrain, Yassine Echcherki-
Morraco, Huda Al Abri-UAE, Aram Ellafi-Libya, Amal Al-Enazi- Qatar, Murad Ban Qaflah-
Yemen, Khalil Shehadeh-Jordan, Maria Naser- Israel, Reham Abd El Al –Israel, and Lamia
Alsalahi-Kuwait.
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0:28:30 Brian Leland, Public Comment
Mr. Leland of 528 North Bozeman spoke on behalf of the Green Coalition of Gay Loggers for
Jesus. He spoke regarding dropping their petition.
0:30:43 Public Comment Closed
Mayor Krauss closed Public Comment.
0:31:18 1. Brandner Annexation No. A-10003 (Skelton)
Interim Planning Director Chris Saunders gave the staff presentation regarding the Brandner
Annexation. There has not been any public comment received. DNRC has recommended
approval of this application.
0:37:28 Jeff Thompson, Applicant representative
Mr. Thompson stated that the applicant is requesting a partial waiver on the Impact Fees. This is
for a house remodel. He went over impact fee costs. Bridger Drive is the only access to the
property and it is a secondary street.
0:40:30 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:41:05 Motion to approve the provided findings and approve Annexation No. A-10003,
with the recommended terms of annexation listed on Pages 2-3 of the Staff Report, and
directing staff to prepare an annexation agreement for signature by the parties.
It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the provided findings and
approve Annexation No. A-10003, with the recommended terms of annexation listed on
Pages 2-3 of the Staff Report, and directing staff to prepare an annexation agreement for
signature by the parties.
0:43:51 Vote on the Motion to approve the provided findings and approve Annexation No.
A-10003, with the recommended terms of annexation listed on Pages 2-3 of the Staff
Report, and directing staff to prepare an annexation agreement for signature by the
parties.
Those voting Aye being Crs. Mehl, Andrus and Taylor.
Those voting No being Mayor Krauss.
The motion passed 3-1.
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0:44:18 2. Brandner Zone Map Amendment No. Z-10093 (Skelton)
Mr. Saunders gave the staff report regarding the Brandner Zone Map Amendment No. Z-10093.
There is a diversity of zoning districts in this area.
0:46:21 Jeff Brandner, Applicant
Mr. Brandner stated that he is the owner of the property and is not sure if he will pursue this
project now. He was disappointed about not receiving a reduction in the street impact fees. He
urged the Commission to rethink the policies.
0:49:56 Public Comment
Mayor Krauss opened Public Comment.
No person commented.
Mayor Krauss closed Public Comment.
0:50:06 Motion and Vote to adopt the findings presented in the staff report and, as
recommended by the City of Bozeman Zoning Commission, 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-10093.
It was moved by Cr. Andrus, seconded by Cr. Taylor to adopt the findings presented in the
staff report and, as recommended by the City of Bozeman Zoning Commission, 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-10093.
Those voting Aye being Crs. Andrus, Taylor, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:50:42 3. North Seventh Urban Renewal Board Annual Work Plan and Budget Fiscal
Year 2011 (Thorpe)
0:51:59 Keri Thorpe, Assistant Planner
Ms. Thorpe gave the staff presentation regarding the North Seventh Urban Renewal Board
Annual Work Plan and Budget Fiscal Year 2011.
0:52:57 Cr. Mehl
Cr. Mehl stated that he is interested in delaying this item because information was received late
and he would like to see more justification of the programs in the staff memo.
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0:53:29 Mayor Krauss
Mayor Krauss asked if the item was delayed, would it delay construction that is going on this
year?
0:53:44 Ms. Thorpe
Ms. Thorpe stated no because it was budgeted last year.
0:54:44 Mayor Krauss
Mayor Krauss is concerned about rescheduling this item because of the HB645 money.
0:55:32 Cr. Andrus
Cr. Andrus stated that there needs to be more detail in terms in what the money was used for last
year.
1:02:21 Ms. Thorpe
Ms. Thorpe spoke regarding the accomplishments that occurred last year. She spoke regarding
the funding that was sought after. She spoke regarding landscaping and partnering with property
owners. She spoke regarding missing areas of sidewalks and improvements at sidewalks and
light fixtures.
1:18:48 Chuck Winn, Assistant City Manager
Mr. Winn spoke regarding the HB645 funds and the Big Box funds.
1:21:11 Ms. Thorpe
Ms. Thorpe spoke regarding the rehab plan and program development.
1:24:04 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
1:26:47 Motion to provisionally approve the Annual Work Plan and Fiscal Year 2011
Budget for the North Seventh Urban Renewal Board to be brought back for final approval
on August 2nd of this year.
It was moved by Cr. Taylor, seconded by Cr. Mehl to provisionally approve the Annual
Work Plan and Fiscal Year 2011 Budget for the North Seventh Urban Renewal Board to be
brought back for final approval on August 2nd of this year.
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1:37:52 Vote on the Main Motion to provisionally approve the Annual Work Plan and
Fiscal Year 2011 Budget for the North Seventh Urban Renewal Board to be brought back
for final approval on August 2nd of this year.
Those voting Aye being Crs. Taylor, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
1:38:41 4. Northeast Urban Renewal Board Annual Work Plan and Budget for Fiscal
Year 2011 (Thorpe)
1:38:57 Eric Nelson, Northeast Urban Renewal Board
Mr. Nelson gave the staff presentation regarding the Northeast Urban Renewal Board Annual
Work Plan and Budget for Fiscal Year 2011. Her spoke regarding the open spaces, trails, a
bridge connection over a creek for a connection to Rouse, the Depot Park , infrastructure and
intersection improvements, grants that are being sought after and a redevelopment incentive
program.
1:55:32 Public Comment
Mayor Krauss opened Public Comment.
1:55:44 Sahara Devy, Public Comment
Ms. Devy of North 6th Street stated that if the Depot is private property, why would government
funds and public funds being used to restore the facility? It should belong to the Public if it is
restored by public funds.
1:56:26 Mayor Krauss
Mayor Krauss explained that federal grant money is used to restore old buildings. It furthers
historic preservation. Many times projects are private property. He spoke regarding what public
funds are used for.
1:57:57 Michelle Wolf, Chair of the North Seventh Urban Renewal Board.
Ms. Wolf spoke regarding the difficulty of finding appropriate grants and subsidies for projects.
1:59:18 Public Comment closed
Mayor Krauss closed public comment.
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1:59:36 Motion and Vote to approve the Annual Work Plan and Fiscal Year 2011 Budget
for the Northeast Urban Renewal Board.
It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the Annual Work Plan and
Fiscal Year 2011 Budget for the Northeast Urban Renewal Board.
Those voting Aye being Crs. Mehl, Andrus, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
2:00:02 Break
Mayor Krauss declared a break.
2:14:36 5. Hannah House / Phi Sigma Kappa Demolition Certificate of
Appropriateness No. Z-10129 (Bristor)
2:14:47 Cr. Andrus
Cr. Andrus stated that there is a potential of a conflict of interest because the applicant and
contractor for this project rents office space from her and her husband. For the record she has
never discussed the application with the applicant, there is no personal involvement with the
application and she is not benefiting personally from this project.
2:15:39 Allyson Bristor, Associate Planner
Ms. Bristor gave the staff presentation regarding the Hannah House / Phi Sigma Kappa
Demolition Certificate of Appropriateness No. Z-10129. She spoke regarding the historic
inventory. It is proposed that once the demolition takes place, there will not be any construction
taking place as the area will be grassed over. She spoke regarding the $5,000 contribution
towards an updated inventory.
2:27:54 Ms. Bristor
Ms. Bristor spoke regarding the need for an updated inventory.
2:48:31 Tom Stonecipher, Applicant Representative
Mr. Stonecipher stated that he is the Applicant's representative. He gave the applicant
presentation. The application was turned in January of 2010 which was submitted under the
understanding that it was an intrusive property. Then in June, it was determined that it was a
contributing property. He spoke regarding the structure. He spoke regarding the lack of a nexus
regarding the $5,000 for the inventory. The request is that Condition Number one be taken out.
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2:59:01 Public Comment
Mayor Krauss opened public comment.
2:59:14 Kathy Powell, Public Comment
Ms. Powell who lives on South 3rd, spoke regarding the demolishing of the property. Her
concern is the health hazard of demolishing the building.
3:01:24 Marianne Liebmann, Public Comment
Mr. Liebmann stated that she is the owner of the property. The property was not purchased to
tear down originally. They were shocked at the condition of the building. They are not sure what
they will do with the property due to the economic conditions.
3:02:35 Susan Hekins, Public Comment
Ms. Hekins stated that she lives diagonally across from the property. Her concern is that they
were not notified that it was a dangerous building. There should be a penalty for allowing blight
to occur.
3:04:14 Michael Delaney, Public Comment
Mr. Delaney stated that he and his wife purchased a four plex on South Willson Ave in which
they asked to demo. This seems subjective.
3:05:56 Public Comment closed
Mayor Krauss closed public comment.
3:11:27 Public Hearing Closed
Mayor Krauss closed the public hearing.
3:11:39 Motion to allow demolition of the structure existing at 410 West Garfield Street
with the conditions of approval number 2-6 as listed on page 8 of the staff report.
It was moved by Cr. Andrus, seconded by Cr. Taylor to allow demolition of the structure
existing at 410 West Garfield Street with the conditions of approval number 2-6 as listed on
page 8 of the staff report.
3:21:00 Vote on the Motion to allow demolition of the structure existing at 410 West
Garfield Street with the conditions of approval number 2-6 as listed on page 8 of the staff
report.
Those voting Aye being Crs. Andrus, Taylor, Mehl and Mayor Krauss.
Those voting No being none.
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The motion passed 4-0.
3:21:57 6. Spring Creek Village Resort Informal No. I-10009 (Krueger)
3:22:28 Chris Saunders, Interim Planning Director
Mr. Saunders gave the staff presentation regarding the Spring Creek Village Resort Informal No.
I-10009.
3:29:40 Michael Delaney, Applicant
Mr. Delaney gave the applicant presentation. He and his wife have been planning to develop the
property since 1987. The project is proposed to be an Urban Mixed Use project in 4-6 phases.
He spoke regarding landscaping and contacting the current residents in the area. He spoke
regarding bike-ability and walk-ability and connectivity. He spoke regarding the plaza area.
3:41:38 Mr. Delaney
Mr. Delaney spoke regarding the phasing of the property.
3:46:16 Mr. Delaney
Mr. Delaney spoke regarding residential areas.
3:49:59 Mr. Delaney
Mr. Delaney spoke regarding storm water collection.
3:52:36 Cr. Mehl
Cr. Mehl stated spoke regarding urban density.
3:53:38 Cr. Andrus
Cr. Andrus spoke regarding the sense of place. She spoke regarding residential use and phasing.
3:55:15 Mr. Delaney
Mr. Delaney spoke regarding the sense of place and that they have enough people to begin the
first block. There needs to be a lot of critical care into the development. Success is an important
ingredient.
4:00:09 Suspension of Rules to 10:30 p.m.
Mayor Krauss suspended the rules to 10:30 p.m.
4:00:18 Cr. Taylor
Cr. Taylor spoke regarding his likes regarding the proposed development. He spoke regarding
residential areas and phasing.
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4:03:14 Mr. Delaney
Mr. Delaney spoke regarding parking.
4:06:28 Mayor Krauss
Mayor Krauss urged that he look at downtown.
4:07:35 7. Downtown Street Transformation (Hixson)
4:07:59 Rick Hixson, City Engineer
Mr. Hixson gave the staff presentation regarding the Downtown Street Transformation. He spoke
regarding Babcock, Mendenhall and Main. He spoke regarding the 2009 Downtown
Improvement Plan which advocated converting one ways back to two way streets. This has been
identified in the Commission's work plan as a priority to look further at this. There are more than
one study which contradicts each other. We need to figure out how to integrate the plans. Mr.
Hixson spoke regarding drafting a scope of work to hire a consultant to do a study for the City
looking at integrating the plans. He highlighted all of the previous studies.
4:26:20 Rules suspended to 11 p.m.
Mayor Krauss suspended the Rules to 11 p.m.
4:26:31 Cr. Mehl
Cr. Mehl spoke regarding process.
4:26:51 Mr. Hixson
Mr. Hixson stated that staff will come back with a final Request for Proposals.
4:27:44 Mr. Hixson
Mr. Hixson estimate a year until the study completion.
4:28:56 Mr. Hixson
Mr. Hixson spoke regarding the level of service and capacity.
4:30:41 Public Comments
Mayor Krauss opened public comment.
4:30:53 Ralph Zimmer, Public Comment
Mr. Zimmer stated that he is speaking as a pedestrian. He urged that the composition of the 2
committees include members from the pedestrian community and a traffic safety person.
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4:34:51 Victoria Drummond, Public Comment
Ms. Drummond of 519 West Babcock stated that she is a planner for MSU but speaking as a
resident spoke regarding Babcock. She spoke regarding the speed limits and bike paths. She
stated that she would be willing to volunteer for a committee related to this.
4:39:23 Chris Naumann, Public Comment
Mr. Naumann spoke regarding the downtown improvement plan. There needs to be a strategy to
transform Mendenhall and Babcock and create a more pedestrian environment. A 4th objective
should be added to challenge the consultants to assess the effects of altering traffic patterns and
other streetscape changes on economic and residential development, urban livability and the
pedestrian experience. Need to define exactly what we want and how to get to it.
4:42:57 Sahara Devy, Public Comment
Ms. Devy from North 6th spoke regarding riding her bicycling and takes the back ways. She
drives the back ways as well in her car. When she is on her bike it is easy to travel east to west
on Babcock. The drivers are courteous. It is rare that she drives on Main because of the stop and
go traffic. Input from the community is important. She is concerned about density.
4:49:57 Public Comment closed
Mayor Krauss closed public comment.
4:50:24 Mayor Krauss
Mayor Krauss stated that he liked Mr. Naumann and Mr. Zimmer’s suggestions.
4:52:42 Cr. Andrus
Cr. Andrus stated that the intent needs to be clear. A timeline for the scope of work would be
helpful.
4:53:32 Cr. Taylor
Cr. Taylor stated that there needs to be community development.
4:55:35 Mayor Krauss
Mayor Krauss has some concerns with spending the $200,000 for this at this time. The
Commission needs to think about this. They need to ponder for a week or so.
4:57:12 Debbie Arkell, Public Works Director
Ms. Arkell stated that there is not a rush to do this. Ms. Arkell stated that the draft scope will be
taken to the TCC. This will be brought back at a later time.
4:58:32 Mayor Krauss suspended the Rules an additional 10 minutes.
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4:58:45 8. Referral of City Designee to the Gallatin County Mental Health Local
Advisory Council (Kissel)
4:58:55 Motion and Vote to refer staff attorney Susan Wordal for appointment to the
Gallatin County Mental Health Local Advisory Council.
It was moved by Cr. Mehl, seconded by Cr. Andrus to refer staff attorney Susan Wordal
for appointment to the Gallatin County Mental Health Local Advisory Council.
Those voting Aye being Crs. Mehl, Andrus, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
4:59:15 9. Appointment to the Prospera Revolving Loan Fund Committee (Kissel)
4:59:18 Motion and Vote to appoint Brit Fontenot to the Prospera Revolving Loan Fund
Committee.
It was moved by Cr. Mehl, seconded by Cr. Andrus to appoint Brit Fontenot to the
Prospera Revolving Loan Fund Committee.
Those voting Aye being Crs. Mehl, Andrus, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
4:59:40 10. Re-appointments to the Bozeman Historic Preservation Advisory Board
(Kissel)
4:59:45 Motion and Vote to reappoint Lora Dalton (Cooper Park Historic District rep.),
Lesley Gilmore (professional), Mark Hufstetler (professional representative and chair of
the board), Boone Nolte (professional) and Ryan Olson (Main Street rep.) to the Bozeman
Historic Preservation Board.
It was moved by Cr. Taylor, seconded by Cr. Mehl to reappoint Lora Dalton (Cooper Park
Historic District rep.), Lesley Gilmore (professional), Mark Hufstetler (professional
representative and chair of the board), Boone Nolte (professional) and Ryan Olson (Main
Street rep.) to the Bozeman Historic Preservation Board.
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Those voting Aye being Crs. Taylor, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
5:00:06 11. Re-appointments to the Design Review Board (Kissel)
5:00:12 Motion and Vote to re-appoint Walter Banziger (architect), Randy Wall (non-
professional) and Elissa Zavora (landscape architect) to the Design Review Board.
It was moved by Cr.Taylor, seconded by Cr.Mehl to re-appoint Walter Banziger
(architect), Randy Wall (non-professional) and Elissa Zavora (landscape architect) to the
Design Review Board.
Those voting Aye being Crs. Taylor, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
5:00:30 12. Appointment to the Wetlands Review Board (Kissel)
5:00:39 Motion and Vote to appoint Troy Lane (plant scientist) to the Wetlands Review
Board.
It was moved by Cr. Mehl, seconded by Cr. Andrus to appoint Troy Lane (plant scientist)
to the Wetlands Review Board.
Those voting Aye being Crs. Mehl, Andrus, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
5:00:55 I. FYI/Discussion
5:01:02 J. Adjournment
Mayor Krauss adjourned the meeting at 11:04 p.m.
____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
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PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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