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HomeMy WebLinkAbout07-19-10 Minutes, City CommissionCal July 19, 2010 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 Ave 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, 2.010. It was moved by Cr. Andrus, seconded by Cr. Taylor to approve the Minutes from June 14, 2010. Minutes of the Bozeman City Commission Meeting, July 19, 2010 Those voting Ave being Crs. Andrus, Taylor, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:04:28 F. Consent I. 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) 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 .tepee 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. Page 2 of 15 Minutes of the Bozeman City Commission Meeting, July 19, 2010 0:08:43 Nick Landeros, Pudic 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. 0:1 1:50 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 Belsh aw, Public Comment Mr. Belshaw 1.062 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. 0:1 8:07 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. Bader 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, Wajecha Alli-Bahrain, Yassine Echcherki- Morraco, Huda Al Abri-UAE, Aram Ellafi-Libya, Amal Al-Enazi- Qatar, Murad Ban Qaflah- Yemen, Khalil Shehadch-Jordan, Maria Naser- Israel, Reham Abd El Al —Israel, and Lamia Alsalabi-Kuwait. Page 3 of 15 Minutes of the Bozeman City Commission Meeting, July 19, 2010 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 Pap_es, 2-3 of the Staff Report, and directing staff to prggare 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 TMlor. Those voting No bciug Mayor Krauss. The motion passed 3-1. Page 4 of 15 Minutes of the Bozeman City Commission Meeting, July 19, 2010 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. Page 5 of 15 Minutes of the Bozeman City Commission Meeting, July 19, 2010 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. Page 6 of 15 Minutes of the Bozeman City Commission Meeting, July 19, 2010 137:52 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. 1:38:414. 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: Sahara DevE, 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. Page 7 of 15 Minutes of the Bozeman City Commission Meeting, July 19, 2010 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 Bud for the Northeast Urban Renewal Board. Those voting Aye being Crs. Mehl Andrus Taylor and Mayor Krauss. Those voting No being none. The motion 12assed 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- 1012'9. 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. Page 8 of 15 Minutes of the Bozeman City Commission Meeting, July 19, 2010 2:59:01 Public Comment Mayor Krauss opened public comment. 2:59:14 Kathy Powell Publie 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 Liehmann, 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 plea 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. Tallor to allow demolition of the structure existing at 410 West Garfield Street with the conditions o f a roval 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 Ale being Crs. Andrus, Taylor, Mehl and Mayor Krauss. Those voting No being none. Page 9 of 15 Minutes of the Bozeman City Commission Meeting, July 19, 2010 The motion passed 4-0. 3:21:57 6. Spring Creek Village Resort Informal No. 1-10009 (Krueger) 3:22:28 Chris Saunders, Interim Planning Director Mr. Saunders gave the staff presentation regarding the Spring Creek Village Resort Informal No. 1-10009. 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. Page 10 of 15 Minutes of the Bozeman City Commission Meeting, July 19, 2020 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. lie 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 pm. 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 Rqlph 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. Page 11 of 15 Minutes of the Bozeman City Commission Meeting, July 19, 2010 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. 4:34:23 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 Dewy, 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. Zimnier'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. Page 12 of 15 Minutes of the Bozeman City Commission Meeting, July 19, 2810 4:58:45 S. 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 attornpl Susan Wordal f o r a ppointment to the Gallatin County Mental Health Local AdvisoEy 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 votin-g A-Ye. being Crs. Mehl, Andrus, Taylor and Ma or Krauss. Those voting No being none. The motion passed 4-01. 4:59A0 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 b3: Cr. Tqjlor, seconded by Cr. Mehl to reappoint Lora Dalton (Cooper Park Historic District rep.), Lesley Gilmore ro fess io nail, Mark Hufstetler (professional representative and chair of the board), Boone Nolte (professional) and Ryan Olson (Main Street rep.) to the Bozeman Historic Preservation Board. Page 13 of 15 Minutes of the Bozeman City Commission Meeting, July 19, 2010 Those voting Ave being Crs. Tailor, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 4-0. 5:00:06 1.1. 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.Tavlor, 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. TqIlor,, 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 N o being none. The motion passed 4-0. 5:00:55 I. FYI[Discussion 5:01:021 Adjournment Mayor Krauss adjourned the meeting at 11:04 p.m. ATTEST; ...... B 0 St fl, Ql IC Clerk J effre(�/ us s, Ma Page 14 of �15 Minutes of the Bozeman City Commission Meeting, duly 19, 2010 ,,,I, B��3 P RLD s m a clerk Approved on ALAc,(AsI Q 3 ( 0 Page 15 of 15