HomeMy WebLinkAboutOctober 11, 2010 Minutes
October 11, 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, October 11, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commissioner Sean Becker, 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.
A. Call to Order- 5p.m. - Commission Room, City Hall, 121 North Rouse
B. Executive Session-Litigation Strategy
*The Mayor closed to the public this meeting pursuant to Sect. 2-3-203(4)(a), MCA, finding that
the meeting involves a discussion of litigation strategy and an open meeting would have a
detrimental effect on the litigation position of the City.
*A separate set of minutes of have been written for the Executive Session.
0:11:39 C. Call to Order regular meeting – 6 p.m.
Mayor Krauss called the meeting to order at 6:16 p.m.
0:11:42 D. Pledge of Allegiance and a Moment of Silence
0:12:29 E. Changes to the Agenda
Mayor Krauss asked if there were any changes to the Agenda. Mr. Kukulski stated no. Mayor
Krauss stated that it is unlikely that the Commission will get to the 4th Action Item. The Policy
Development on Advertising Signage on Municipal Property item was moved to October 18,
2010.
0:13:08 F. Minutes-September 13, 2010
0:13:15 Motion and Vote to approve the Minutes from September 13, 2010 as submitted.
It was moved by Cr. Andrus, seconded by Cr. Taylor to approve the Minutes form
September 13, 2010 as submitted.
Those voting Aye being Crs. Andrus, Taylor, Becker, Mehl and Mayor Krauss.
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Those voting No being none.
The motion passed 5-0.
0:13:30 G. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Approve Request for one-year extension of Preliminary Plat Approval No. P-08008,
Mandeville Major Subdivision (Riley)
3. Conditionally approve the Bozeman Senior Center Bus Stop Certificate of
Appropriateness, Application No. Z-10056 with staff's recommended conditions and
code provisions (Bristor)
0:13:34 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:13:54 Motion and Vote to approve Consent Items G. 1-3.
It was moved by Cr. Taylor, seconded by Cr. Becker to approve Consent Items G. 1-3.
Those voting Aye being Crs. Taylor, Becker, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:14:17 H. Public Comment
Mayor Krauss opened public comment.
0:14:39 Audrey Kalinowsky, Public Comment
Ms. Kalinowsky of 221 South Bozeman Avenue spoke regarding the Helena Aquatic Center. She
urged the Commission to consider building a new aquatic center here in Bozeman.
0:15:36 Public Comment closed
Mayor Krauss closed public comment.
0:15:43 I. Special Presentation – Update on Gallatin County Detention Center (County
Commissioner Steve White)
Mr. White gave an update on the Gallatin County Detention Center. Completion is planned for
the end of this year. Mr. White displayed each area of the Center. He pointed out the floor plan
of the 160 bed facility.
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0:40:45 Mayor Krauss
Mayor Krauss asked what was going to be done with the old jail.
0:40:51 Mr. White
Mr. White stated that the old jail will be demolished.
0:47:22 J. Policy Discussion – Ballot Measure to amend the Bozeman City Charter to
add Two Members to the Bozeman City Commission (Mayor Krauss and Commission)
0:47:41 Mayor Krauss
Mayor Krauss stated that the City Charter required that a measure related to increasing the size
of the Commission be added to the ballot in 2010.
0:48:48 Greg Sullivan, City Attorney
Mr. Sullivan stated that some research has been done regarding the amount of elected officials
per capita in other communities.
0:49:21 Discussion
Mayor Krauss stated that the last time the Commission was increased was in 1970-1971. The
costs of the additional Commissioners were discussed. Mayor Krauss spoke regarding the
comparisons between now and in 1970.
Cr. Taylor stated that if there were two more commissioners, they could assist with the amount
of boards that each Commissioner Liaisons for. There is a benefit to competition. The cost is
something to think about.
Cr. Becker spoke regarding the elections and the complexity. He spoke regarding the larger
bodies and the difficulties, and added that a smaller group compromises. The Commission is able
to represent the breath of the Community. He is not sure if adding 2 more members would
improve representation. He has some concerns filling the two extra seats.
Cr. Mehl stated that Montana cities are all over the place (re: amount of members). He urged that
we need to look at what is best for Bozeman. He thanked the Study Commission. Bozeman is not
that big of a City. We represent well. A smaller group works together; a larger group creates
"wings" and there is a concern of this. He spoke regarding the Advisory Boards. Not all of the
Boards meet on a regular basis. There are concerns with increasing the size of the Commission at
this time.
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Cr. Andrus stated that she has been able to go to most of the meetings for Advisory Boards. She
stated that communication is easier with a smaller group.
Mayor Krauss spoke regarding the diversity issue including age and sex on the Commission. He
spoke regarding geographic representation. There is interest in the political process. There are
only a couple more years until another Study Commission will be considered. He spoke
regarding the benefits for the City. Better representation is worth the money you spend. It would
be worthwhile to have 7.
1:27:55 Break
Mayor Krauss declared a break.
1:43:14 K. Action Items
1:43:28 1. Resolution No. 4294, Final Creation of Special Improvement Lighting
District No. 712, Cottonwood Road (Shannon)
1:43:35 Deanna Shannon, Special Improvement District Clerk
Ms. Shannon gave the staff presentation regarding Resolution No. 4294, Final Creation of
Special Improvement Lighting District No. 712, Cottonwood Road.
1:46:01 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
1:46:14 Motion to approve Resolution No. 4294, final creation of special lighting district no.
712 for Cottonwood Road.
It was moved by Cr. Becker, seconded by Cr. Mehl to approve Resolution No. 4294, final
creation of special lighting district no. 712 for Cottonwood Road.
Cr. Mehl thanked staff for working on the size of the poles.
1:47:03 Vote on the Motion to approve Resolution No. 4294, final creation of special
lighting district no. 712 for Cottonwood Road.
Those voting Aye being Crs. Becker, Mehl, Andrus, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
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1:47:29 2. Resolution No. 4290, Annual Assessment of the Tourism Business
Improvement District (Shannon) (Moved from September 27, 2010)
1:47:40 Cr. Andrus
Cr. Andrus recused herself from the discussion due to her affiliation with the Chamber.
1:47:57 Deanna Shannon, Special Improvements District Clerk
Ms. Shannon gave the staff presentation regarding Resolution No. 4290, Annual Assessment of
the Tourism Business Improvement District.
1:50:02 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
1:50:13 Motion and Vote to approve Resolution No. 4290, annual assessment of the
Tourism Business Improvement District.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Resolution No. 4290, annual
assessment of the Tourism Business Improvement District.
Those voting Aye being Crs. Mehl, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
1:50:41 3. Residential Emphasis Mixed Use (REMU) Zoning Code Amendment No. Z-
09241 Work Session (Krueger)
1:51:02 Brian Krueger, Associate Planner
Mr. Krueger gave the staff report regarding the Residential Emphasis Mixed Use (REMU)
Zoning Code Amendment No. Z-09241. There is an application that has been submitted for a
new zoning district. This is a policy discussion. This will be a combined presentation between
the City Staff and applicant.
1:54:19 Chris Saunders, Assistant City Planner
Mr. Saunders spoke regarding the City's Community Plan and the prior discussions regarding
zoning designations.
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1:59:48 Bob Emery, Applicant
Mr. Emery stated that he is representing GGLO Seattle, WA and Intrinsik Architecture. They
have requested that the City create a new zoning district to be called the Residential Emphasis
Mixed Use (REMU) district.
2:03:35 Sean Kennedy, GGLO Seattle, WA
Mr. Kennedy spoke regarding the overview of their vision of REMU and what it could look like.
His company does a lot of planning for large scale projects. He spoke regarding the framework
of mixed use developments. He spoke regarding meeting the needs of university communities.
The REMU could set the standard for high quality development.
2:22:07 Questions/Discussion
Mayor Krauss stated that we did this not too long ago. He tends to think of this as no zoning-
zoning. Is there a homeowners/condo association in these downtown areas? He gave an example
of an "organic" area in Bozeman which is both walk-able and drive-able. Will we have
arterials…significant streets to support the kind of retail that has been shown, or are you
expecting the people in the area to support the retail?
2:34:18 Randy Hecht, RTR Holdings
Mr. Hecht spoke regarding the concept of retail and commercial.
3:18:41 Public Comment
Mayor Krauss opened Public Comment.
3:18:56 Daryl Schliem, Public Comment
Mr. Schliem on behalf of the Bozeman Economic Development Council strongly urged the
Commission to take the time to make this a priority.
3:20:12 Public Comment closed
Mayor Krauss closed public comment.
3:20:33 Questions from Staff that the Commission is being asked to give input towards
1. Does the Commission agree with the Zoning Commission and Planning Board that the zone is
being developed consistent with the vision in the Growth Policy?
2. Should staff begin work to develop final Code revisions in order to implement the REMU
zone as indicated above?
3. Are there any specific areas of concern at this time regarding the proposed new REMU zone
that staff and the applicant should analyze and resolve?
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4. Would the Commission like to consider setting a date for a public hearing and vote to finalize
the chapter and the other required concurrent code amendments?
Cr. Becker answered the staff questions as follows: 1. Yes 2. Yes 3. As soon as possible.
3:20:58 Discussion on alleys
Cr. Mehl answered the staff questions as follows: 1. Yes 2. Yes 3. He has some concerns. He is
open to what was suggested for alleys and drive-throughs. 4. He is not sure if we are ready to set
a date.
Cr. Taylor answered the staff questions as follows: 1. Yes 2. Yes 3. Yes. His area of concern is
the alley issue. He is not fond of drive-throughs and big huge buildings. He likes the idea of
larger buildings and drive-throughs along 19th. He does not have guidance yet. There has to be a
compromise with the alleys. Set a date whenever feasible.
Cr. Andrus answered the staff questions as follows: 1. Yes 2. Yes 3. Yes. She likes the idea. She
can visualize this in our community. She has the same concerns that have been expressed. She
wants to know how the transportation plan fits in. She stated yes with setting a date.
Mayor Krauss answered the staff questions as follows: 1. Yes 2. Yes 3. Yes. Student housing has
to have students in it. He cannot seem himself there. There is nowhere to park an RV. He doesn't
care about the alleys. His chief concern is that there have to be arterials, this has to fit into the
transportation plan. He does not believe it should all be lined up inside. College is a perfect
example. Make sure we have a road system through there that identifies the kind of development
that we want. He wants this to be the area of limited zoning. Street standards should be flexible.
As far as drive -throughs, they are fine. He agrees with the exhibits that show standards to be
included in the codification.
Cr. Becker spoke regarding the housing ordinance and affordable housing. He wants to see
connectivity. He wants it to be a mixed use. He spoke regarding details on conflict of Unified
Development Ordinance and current policies may impact this project.
Cr. Mehl suggested that the importance of public comment be emphasized when staff returns.
Mr. Kukulski spoke regarding bumping other items and making this a priority.
A 3 month return to the Commission time frame was agreed upon. The Re-Codification project
will be in front of the Commission at that time as well.
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3:42:40 5. Appointment to the Community Affordable Housing Advisory Board
(Kissel)
3:42:53 Motion and Vote to appoint to appoint J. David Magistrelli to the Community
Affordable Housing Advisory Board as a representative of an organization supporting the
availability of low- and moderate-income housing.
It was moved by Cr. Taylor, seconded by Cr. Becker to appoint J. David Magistrelli to the
Community Affordable Housing Advisory Board as a representative of an organization
supporting the availability of low- and moderate-income housing.
Those voting Aye being Crs. Taylor, Becker, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
3:43:23 6. Appointment to the Community Alcohol Coalition (Kissel)
3:43:29 Motion and Vote to appoint Dustin Pitman (Law Enforcement) as new member to
the Community Alcohol Coalition.
It was moved by Cr. Andrus, seconded by Cr. to appoint Dustin Pitman (Law
Enforcement) as new member to the Community Alcohol Coalition.
Those voting Aye being Crs. Andrus, Taylor, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
3:43:59 L. FYI/Discussion
3:44:05 1. D-O-G signs
Mayor Krauss asked for an update on the recent approval of the D-O-G signs. Mr. Saunders
explained that the applicant revised their comprehensive sign plan in order to comply. They are
now lawfully conforming.
3:48:13 2. Inter Neighborhood Council
Cr. Becker stated that the Inter Neighborhood Council has recently changed their meeting date
which conflict with another board he liaisons for. He asked if another Commissioner would be
interested in taking over this meeting. Cr. Taylor and Cr. Andrus stated they would consider it.
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3:49:09 3. Signs
Cr. Mehl would like to know all of the areas where the City exempts themselves from their own
regulations. Mr. Sullivan stated that the research will be simpler when the Code is codified. Mr.
Kukulski stated that this can be added to the Work Plan discussion on the 25th.
3:51:07 4. Update on Water Transmission Line Break/Black Street
Mr. Kukulski reported that the 90 day time frame is about to expire. He is hoping that the final
claims have been submitted and that he should be able to give a dollar figure soon.
3:51:53 5. Commission Absence/Meeting Date changes.
Mayor Krauss stated that the assumption is that when the schools are out, the Commission is out.
The Commission agreed that the meetings around the Christmas holiday should be cancelled.
3:53:57 6. Water Rights Discussion/Moved to November 1st
The Commission agreed to a 6 hour work session on November 1st to discuss Water Rights.
They also agreed to Cancel the November 22, 2010 Meeting and have the 4th Commission
meeting on November 29th.
3:56:44 7. Gallatin County Meeting in Three Forks Friday
Reminder that there is a Gallatin County Meeting in Three Forks Friday at the Sacajawea Inn.
3:57:35 8. Bozeman Hawks
Mayor Krauss recognized the Bozeman Hawks stating that they are number 1 in double A
football.
3:57:55 M. Adjournment
The meeting was adjourned at 10:10 p.m.
____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
____________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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