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HomeMy WebLinkAboutOctober 4, 2010 Minutes 1 of 12 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 4, 2010 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday October 4, 2010. Present were Mayor Jeff Krauss, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. * Please refer to the audio recording of this meeting for additional detail. 0:00:01 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse 0:00:19 B. Pledge of Allegiance and a Moment of Silence 0:01:17 C. Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. 0:01:20 Chris Kukulski, City Manager Mr. Kukulski changed the date on item E. 7 (seven) on the consent agenda to November 15th for the scheduled appeal. 0:01:50 D. Authorize Absence of Commissioner Andrus 0:01:58 Motion and Vote to authorize the absence of Commissioner Andrus. It was moved by Cr. Taylor, seconded by Cr. Becker to authorize the absence of Commissioner Andrus. Those voting Aye being Crs. Taylor, Becker, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:02:13 Minutes - August 23, 2010 0:02:24 Motion and Vote to approve the minutes of August 23, 2010. It was moved by Cr. Becker, seconded by Cr. Mehl to approve the minutes of August 23, 17 Minutes of the Bozeman City Commission, October 4, 2010 2 of 12 2010. Those voting Aye being Crs. Becker, Mehl, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:02:28 E. Consent 1. Authorize payment of Accounts Payable Claims (LaMeres) 2. Authorize City Manager to sign a Trail Corridor Easement for Petra Academy (Johnson) 3. Authorize City Manager to sign a Release and Reconveyance of Utility Easement for the Hansons (Kerr) 4. Authorize City Manager to sign a Utility Easement for the Mandeville Farm Property (Kerr) 5. Approve update on Leash-free Designation of Cooper and Centennial Parks (Dingman) 6. Approve a One Year Extension of the McGee Sketch Plan Certificate of Appropriateness with Demolition, Application No. Z-09145 (Kramer) 7. Schedule October 25, 2010 to hear a request and associated appeal regarding the Mitchell Development, IFCR-0601 (Saunders) 0:02:34 Public comment on Consent. Mayor Krauss opened public comment. No person commented. Mayor Krauss closed consent. 0:02:49 Motion and Vote to approve Consent Items E. 1-7 with the amendment that number 7 be scheduled for November 15th, 2010. It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Consent Items E. 1-7 with the amendment that number 7 be scheduled for November 15th, 2010. Those voting Aye being Crs. Mehl, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:03:08 Public Comment Mayor Krauss opened general public comment. 0:03:39 Wendy Wilson, Public Comment Ms. Wilson, President of the Gallatin Association of Realtors read a letter from GAR regarding 18 Minutes of the Bozeman City Commission, October 4, 2010 3 of 12 ideas that they would like to see enacted by the city at the earliest possible time in an effort to promote and foster the economy. 0:07:56 Public Comment Closed Mayor Krauss closed public comment. 0:08:08 G. Special Presentation - Gallatin City-County Health Department Fiscal Year 2011 Budget (Matt Kelley, MPH Health Officer/Gallatin City-County Health Department) 0:08:19 Matt Kelley, Health Department Officer Mr. Kelley, the new Health Department Officer introduced himself and provided the presentation on this item. 0:13:21 Mr. Kelley Mr. Kelley responded to a question from Cr. Mehl regarding what the Commission should be looking at - going forward in the next five years. 0:17:49 H. Action Items 0:17:54 1. Resolution No. 4292, Annual Assessment for all Lighting Districts For Fiscal Year 2011 (Shannon) 0:17:59 Deanna Shannon Ms. Shannon provided the staff presentation on this item. 0:19:51 Public Comment Mayor Krauss opened public comment on this item. No person commented. Mayor Krauss closed public comment. 0:20:02 Motion and Vote to approve Resolution No. 4292, annual assessment for all lighting districts for fiscal year 2011. It was moved by Cr. Taylor, seconded by Cr. Becker to approve Resolution No. 4292, annual assessment for all lighting districts for fiscal year 2011. Those voting Aye being Crs. Taylor, Becker, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:20:24 2. Willson Avenue and College Street Intersection Improvements (LeRoy Wosoba, Montana Department of Transportation) 0:20:57 Debbie Arkell, Public Works Director Ms. Arkell began the presentation on this item providing a brief background. 19 Minutes of the Bozeman City Commission, October 4, 2010 4 of 12 0:25:41 LeRoy Wosoba, Montana Department of Transportation Mr. Wosoba, Project Engineer provided additional information from the Montana Dept. of Transportation. Mr. Wosoba would like direction regarding whether to build a traffic light or a roundabout at this intersection. 0:39:24 Mayor Krauss Mayor Krauss began questions on this item beginning with asking the level of service on Willson as a corridor. 0:46:25 Cr. Taylor Cr. Taylor continued questions. 0:55:23 Cr. Becker Cr. Becker continued questions for staff. 0:56:19 Jeff Ebert, Montana Department of Transportation Mr. Ebert said that any improvements or changes in speed limit on this state urban route (Willson) would require State Transportation commission approval after an engineering study. 0:57:44 Mr. Wosoba Mr. Wosoba explained that traffic control devices (such as a no left turn sign) are within City jurisdiction and while the State may not approve of them, the State could not prevent the City from posting them. 1:06:53 Cr. Mehl Cr. Mehl continued questions for Mr. Wosoba. 1:12:25 Mayor Krauss Mayor Krauss began questions for engineer Rick Hixson. 1:19:21 Public Comment Mayor Krauss opened public comment. 1:19:39 Ron Gompertz, Public Comment Mr. Gompertz lives close to the intersection at issue and initially supported the roundabout, but the downside in this location is the old trees that would likely need to be taken down. Mr. Gompertz also mentioned that his neighbors would lose some of their property and that a roundabout would be an expensive solution long term. The traffic light would not go with the character of the historic neighborhood. Mr. Gompertz feels the problem exists only at commute hours during the day. He would suggest a right turn only restriction off of College during specific times and on Willson, no left turns during heavy use hours. 1:22:45 Mary Vanthull, Public Comment Ms. Vanthull of 416 South Story Street spoke regarding reducing accidents at this intersection by 20 Minutes of the Bozeman City Commission, October 4, 2010 5 of 12 banning cell phone use while driving. She would also support no left turns from College onto Willson. 1:24:39 Elliot Justin, Public Comment Mr. Justin of 618 Autumn Ridge Road said he avoids this intersection when commuting. He also said his cousin purchased one of the historic homes on this corner and feels either option would be taking from him and that traffic lights or roundabouts are ugly. Mr. Justin would favor a sign with a judicious trial. 1:25:59 Jane Klockman, Public Comment Ms. Klockman of 713 South Willson said she first provided public comment on this issue seven or eight years ago. She would support signage for no turns at specific times of the day and would support lowering speed limits as the least invasive approach. She would also support better ADA ramps and better lighting at the intersection to avoid accidents as drivers avoid the ADA ramps. 1:29:30 Mark Hufstetler, Public Comment Mr. Hufstetler, Chair of the Bozeman Historic Advisory Board and an alumni of the Sigma Ki House said he is a huge fan of the roundabout concept, but not in Bozeman. Mr. Hufstetler said he would disagree with the State Historic Preservation Office assessment. A roundabout or traffic signal would cause a domino effect in the entire neighborhood and have a negative effect. Mr. Hufstetler feels the Commission should look at this under a comprehensive plan. 1:33:19 Regina Briceno, Public Comment Ms. Briceno, owner of the Children's Development Center at 804 Willson Ave., (on the corner in question) is concerned about a roundabout and safety issues regarding how close the roundabout would be to the daycare and the safety of the drop off area parents use on College. They are also concerned regarding the safety of the pedestrian crossing for the children as vision would be impeded. 1:34:27 Joanne Jensen, Public Comment Ms. Jensen, owner of the property at 804 South Willson spoke regarding the possibility of widening South Church as another connector. She is concerned about the children's safety at the Development Center and the possible loss of parking for parents. Ms. Jensen is also concerned that a roundabout would bring more traffic. She would also like to see the speed limit reduced for the school there and would advocate the idea of a no left turn restriction. 1:36:09 Andrew Martzloff, Public Comment Mr. Martzloff, owner of a business at Main and Tracy feels either alternative would have an adverse impact on throughput via Willson and the neighborhood characteristics and also feels these solutions would be expensive. He would support turning restrictions as a low cost solution, which could be easily reversed if necessary. 21 Minutes of the Bozeman City Commission, October 4, 2010 6 of 12 1:37:20 Michael DeLaney, Public Comment Mr. DeLaney of 415 South Willson feels these options would have a dramatic impact on the historic, residential district. Mr. DeLaney feels traffic calming that would be less intrusive would be possible, such as a landscaped median. 1:42:00 Aleana Indreland, Public Comment Ms. Indreland of 415 South Willson spoke regarding the beautiful nature of the south side and feels a traffic signal or a roundabout at this location would compromise the historic nature of the neighborhood. She would recommend alternatives such as those suggested tonight. 1:43:46 Bruce Brown, Public Comment Mr. Brown of 725 South Willson feels he was not shown respect. Mr. Brown feels the Commission would render Willson Avenue a commercial zone by rendering properties unfit for residential use if either alternative is installed. He would like the Commissioners to explore different alternatives. 1:48:14 Virginia Kelly, Public Comment Ms. Kelly of 311 Summerset Drive spoke as a commuter of Willson Avenue and would encourage the Commission to look at alternatives to either a stoplight or roundabout. 1:48:58 Ralph Zimmer, Public Comment Mr. Zimmer of 2103 South Tracy Ave. spoke on behalf of the Pedestrian and Traffic Safety Committee and said they do support some type of significant traffic improvement at this intersection for safety and traffic flow reasons. As a legally blind pedestrian he would like some added protection for him to cross Willson somewhere along this area. 1:52:53 Public Comment Closed Seeing no further comment, Mayor Krauss closed public comment and opened motion, discussion and vote. 1:52:58 Mayor Krauss Mayor Krauss asked staff and MDT if they would like rebuttal time. 1:53:00 Staff Staff and MDT did not wish to offer a rebuttal. 1:54:06 Public Hearing Closed Mayor Krauss closed the public hearing on this item and opened motion, discussion and vote. 1:54:18 Cr. Becker Cr. Becker began discussion on this issue. 1:58:38 Cr. Mehl Cr. Mehl clarified that the City can restrict how traffic turns off of College without MDT 22 Minutes of the Bozeman City Commission, October 4, 2010 7 of 12 approval, but the City cannot change the speed limit without MDT approval. Cr. Mehl then continued discussion on this issue. 2:00:01 Debbie Arkell, Public Works Director Ms. Arkell confirmed with Mr. Ebert at Montana Department of Transportation that the City could still have MDT come back in six months or so if a no left turn sign does not work out. 2:00:25 Cr. Mehl Cr. Mehl continued clarifications and discussion. 2:09:52 Mayor Krauss Mayor Krauss continued discussion on this issue. 2:23:07 Cr. Taylor Cr. Taylor continued discussion on this issue. 2:23:54 Motion that having considered the Willson and College Street intersection improvements presentation and public comment I move to determine that College to Willson Ave. and Willson to College should be signed right turn only and this is currently the best option for improvement at the intersection of Willson Ave. and College Street and ask the Montana Department of Transportation to wait to install intersection improvements with funding from the Traffic Hazard Elimination Program until a holistic corridor approach is studied and more safety warrants are met. It was moved by Cr. Becker, seconded by Cr. Mehl that having considered the Willson Ave. and College Street intersection improvements presentation and public comment moved to determine that College to Willson and Willson to College should be signed right turn only and this is currently the best option for improvement at the intersection ask the Department of Transportation to wait to install intersection improvements with funding from the Traffic Hazard Elimination Program until a holistic corridor approach is studied and more safety warrants are met. 2:25:25 Clarification of the Motion Cr. Becker provided rationale for his motion and then clarified the motion saying College should be a right turn only movement - no left turn or straight across movement allowed. Off of Willson should be 'no left turn allowed' at all times. 2:26:56 Mayor Krauss Mayor Krauss continued with discussion on the motion. 2:27:12 Cr. Taylor Cr. Taylor continued discussion on the motion. 23 Minutes of the Bozeman City Commission, October 4, 2010 8 of 12 2:27:57 Cr. Mehl Cr. Mehl continued discussion on the motion. 2:28:38 Additional clarification of the motion. Cr. Becker clarified that he is only concerned with a right turn only off of College onto Willson. 2:28:47 Mayor Krauss Mayor Krauss continued discussion on the motion. 2:31:20 Cr. Mehl Cr. Mehl continued discussion on the motion. 2:31:45 Cr. Taylor Cr. Taylor continued discussion on the motion. 2:32:56 Cr. Becker dissolved the motion on the table. 2:33:08 Motion to direct staff consistent with this discussion, to do what is necessary to restrict turns for east bound traffic on college to right hand turn only at Willson Street and that they consider and come back with a recommendation regarding anything else at that intersection involving restriction of left hand turns. It was moved by Cr. Taylor, seconded by Cr. Becker to direct staff consistent with this discussion, to do what is necessary to restrict turns for east bound traffic on College to right hand turn only at Willson Street and that they consider and come back with a recommendation regarding anything else at that intersection involving restriction of left hand turns. 2:33:42 Friendly amendment Cr. Mehl made a friendly amendment to make the right turn only off of College onto Willson for both east and west directions. The friendly amendment was accepted by Cr. Taylor and Cr. Becker. 2:34:38 Vote to direct staff consistent with this discussion to do what is necessary to restrict turns for east bound traffic on College to right hand turn only at Willson Street and that they consider and come back with a recommendation regarding anything else at that intersection involving restriction of left hand turns with the friendly amendment to make the right turn only off of College onto Willson for both east and west directions. Those voting Aye being Crs. Taylor, Becker, Mehl and Mayor Krauss. 24 Minutes of the Bozeman City Commission, October 4, 2010 9 of 12 Those voting No being none. The motion passed 4-0. 2:35:04 Break Mayor Krauss called for a ten minute break. 2:52:54 Back from Break Mayor Krauss called the meeting back to order. 2:53:01 3. South 19th Avenue and College Street Two Lot Minor Subdivision, Preliminary Plat Application No. P-10008 (Riley) 2:53:13 Doug Riley, Department of Planning and Community Development Mr. Riley provided the staff presentation on this item. 2:57:40 Cr. Mehl Cr. Mehl began questions for staff on condition number six. 3:03:59 Eric Nelson, on behalf of the applicant Mr. Nelson spoke on behalf of the applicant, Dr. Rodgers, saying they would like condition six to be stricken altogether or additional clarification added regarding an alternative financing method. Mr. Nelson also spoke regarding condition two regarding water rights or cash in lieu, as he feels this is an unnecessary condition and would like it removed. 3:08:18 Cr. Becker Cr. Becker clarified the conditions the applicant would like stricken. 3:08:32 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3:09:06 Brian Heaston, Project Engineer Mr. Heaston spoke regarding the applicants request to strike condition number two regarding water. 3:12:10 Public Hearing Closed Seeing no further questions, Mayor Krauss closed the public hearing, opening motion, discussion and vote. 3:12:11 Motion to approve the South 19th Avenue and College Street Two Lot Minor Subdivision Preliminary Plat Application No. P-10008 with the Conditions of Approval 1-5 and 7 and 8 and Code Provisions as recommended in Planning Board Resolution No. P- 10008. 25 Minutes of the Bozeman City Commission, October 4, 2010 10 of 12 It was moved by Cr. Mehl, seconded by Cr. Taylor to approve the South 19th Avenue and College Street Two Lot Minor Subdivision Preliminary Plat Application No. P-10008 with the Conditions of Approval 1-5 and 7 and 8 and Code Provisions as recommended in Planning Board Resolution No. P-10008. 3:12:49 Cr. Mehl Cr. Mehl discussed his rationale on the motion. 3:15:10 Vote on the motion to approve the South 19th Avenue and College Street Two Lot Minor Subdivision Preliminary Plat Application No. P-10008 with the Conditions of Approval 1-5 and 7 and 8 and Code Provisions as recommended in Planning Board Resolution No. P-10008. Those voting Aye being Crs. Mehl, Taylor, Becker and Mayor Krauss. Those Voting No being none. The motion passed 4-0. 3:15:30 4. South 19th Avenue and College Street Master Site Plan and Certificate of Appropriateness, No. Z-10176 (Riley) 3:15:40 Doug Riley, Dept. of Planning and Community Development Mr. Riley provided the staff presentation on this item. 3:18:10 Mr. Riley Mr. Riley said the applicant contacted staff late last week asking for a cited code provision to be stricken. Staff agreed with the applicant and would ask that code provision a. on Commission packet page 157 be stricken within the second paragraph referencing occupancy of structures or buildings. 3:19:12 Cr. Taylor Cr. Taylor began questions for staff. 3:19:35 Eric Nelson, on behalf of the applicant Mr. Nelson spoke on behalf of the applicant. 3:20:46 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment and opened motion, discussion and vote. 3:20:57 Motion to approve the 19th and College Master Site Plan and Certificate of Appropriateness application, no. Z-10176, as recommended by the Development Review Committee with the staff Findings and recommended Conditions of Approval those being found on page 3 of the staff report and the staff findings including staff findings 1-20 26 Minutes of the Bozeman City Commission, October 4, 2010 11 of 12 except that the second paragraph of staff finding 2a be stricken. It was moved by Cr. Taylor, seconded by Cr. Becker to approve the 19th and College Master Site Plan and Certificate of Appropriateness application, no. Z-10176, as recommended by the Development Review Committee with the staff Findings and recommended Conditions of Approval those being found on page 3 of the staff report and the staff findings including staff findings 1-20 except that the second paragraph of staff finding 2a be stricken. 3:21:52 Vote on the motion to approve the 19th and College Master Site Plan and Certificate of Appropriateness application, no. Z-10176, as recommended by the Development Review Committee with the staff Findings and recommended Conditions of Approval those being found on page 3 of the staff report and the staff findings including staff findings 1-20 except that the second paragraph of staff finding 2a be stricken. Those voting Aye being Crs. Taylor, Becker, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:22:16 5. Appointments to the Design Review Board (Kissel) 3:22:28 Motion to appoint Scott Bechtle to the Design Review Board as an architect representative. It was moved by Cr. Taylor, seconded by Cr. Becker to appoint Scott Bechtle as an architect representative to the Design Review Board. Those voting Aye being Crs. Taylor, Becker, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:23:07 Cr. Taylor Cr. Taylor said he has been interviewing the other candidates, with just one more to go. Applicant Burnett has withdrawn his application. Cr. Taylor would like to come back to the Commission at a later time with a recommendation and is hoping for future discussion among the Commission regarding what type of applicant they are looking for in the non-professional position. 3:23:59 I. FYI/Discussion 3:24:04 1. Public Awareness that amendments to the Charter are on the ballot. 27 Minutes of the Bozeman City Commission, October 4, 2010 12 of 12 City Attorney Greg Sullivan said he would like City staff to educate the press and public that this issue will be on the ballot. 3:25:31 Mayor Krauss Mayor Krauss asked that discussion on this upcoming ballot measure be added to the next agenda; prompting a current discussion regarding what limits would need to be followed during this type of discussion. 3:30:37 Mayor Krauss Mayor Krauss asked that this item be added as a policy discussion on the next agenda. 3:31:27 2. Cr. Becker spoke to the letter from the Gallatin Association of Realtors (GAR); asking that staff take time to respond to GAR members. 3:31:55 Cr. Mehl Cr. Mehl explained that the Planning Board will be considering one of the recommendations made by GAR tomorrow and the Economic Development Council will be discussing these later this week. Therefore it may be wise to have the City Manager hold on for a bit. 3:32:43 Mayor Krauss Mayor Krauss asked for an update regarding LEED certification on this (City Hall) building. 3:34:19 Cr. Becker Cr. Becker thanked the Commission for covering his absence. 3:35:04 J. Adjournment Mayor Krauss adjourned the meeting at 9:43 p.m. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________ 28