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HomeMy WebLinkAboutOctober 11, 2010 Minutes October 11, 2010 ********************** 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. 8 Minutes of the Bozeman City Commission Meeting, October 11, 2010 Page 2 of 9 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. 9 Minutes of the Bozeman City Commission Meeting, October 11, 2010 Page 3 of 9 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. 10 Minutes of the Bozeman City Commission Meeting, October 11, 2010 Page 4 of 9 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. 11 Minutes of the Bozeman City Commission Meeting, October 11, 2010 Page 5 of 9 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. 12 Minutes of the Bozeman City Commission Meeting, October 11, 2010 Page 6 of 9 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? 13 Minutes of the Bozeman City Commission Meeting, October 11, 2010 Page 7 of 9 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. 14 Minutes of the Bozeman City Commission Meeting, October 11, 2010 Page 8 of 9 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. 15 Minutes of the Bozeman City Commission Meeting, October 11, 2010 Page 9 of 9 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 ___________________________. 16