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HomeMy WebLinkAboutDecember 6, 2010 Minutes MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 6, 2010 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, December 6, 2010. Present were Mayor Jeff Krauss, Commissioner Sean Becker, Commissioner Cyndy Andrus, Commissioner Chris Mehl, Commissioner Carson Taylor, Assistant City Manager Chuck Winn, City Attorney Greg Sullivan, Finance Director Anna Rosenberry and City Clerk Stacy Ulmen. * * Please refer to the audio recording of this meeting for additional detail. 0:00:13 A. Call to Order – 5:00 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 5 p.m. 0:00:17 B. Work Session 1. Amendments to the Commission Rules of Procedure (Chapter 2.04, Bozeman Municipal Code) (Sullivan) City Attorney Greg Sullivan began the discussion regarding the Amendments to the Commission Rules of Procedure (Chapter 2.04, Bozeman Municipal Code). Mr. Sullivan stated that the Bozeman City Commission Rules of Procedure have been in effect for over three decades and play an important role in the administration of meetings and the conduct of Commission business. Over time, these rules have been amended and expanded upon as technological changes occurred and as new issues arose related to the conduct of meetings and city business. The most recent amendment to the rules occurred with the adoption of Ordinance 1757 on February 9, 2009. After assisting the Commission in its operation under these rules, he believes that there are numerous items which should be “cleaned up” and other issues the Commission may want to consider. He spoke regarding a Commissioner's duty to vote, Citizen Advisory Board Rules of Procedure and streaming of Commission Meetings. 0:06:07 Mr. Sullivan Mr. Sullivan spoke regarding Robert’s Rules of Order and Mason's Rules as procedures for the Commission to generally abide by. Discussion took place regarding Parliamentary process and the quasi judicial process. Mr. Sullivan stated that he will come back to the Commission with a memo regarding the two 34 Minutes of the Bozeman City Commission, December 6, 2010 Page 2 of 11 processes. Cr. Andrus stated that Mason’s is much more formal. Cr. Taylor likes the way the meetings are run currently. Discussion took place regarding privileged motions. 0:19:45 Mr. Sullivan Mr. Sullivan spoke regarding orderly conduct at meetings. 0:20:50 Cr. Mehl Cr. Mehl spoke regarding special meetings and the request for physical advertising. 0:22:48 Cr. Andrus Cr. Andrus spoke regarding Commission Liaisons and voting members. 0:26:00 Mayor Krauss Mayor Krauss spoke regarding how he put together the selection of Commission Liaison's to boards. He stated that he did recognize seniority. 0:28:36 Cr. Taylor Cr. Taylor stated that he would like to create a system of creation for liaison placement that is similar to what has been done. 0:31:28 Mayor Krauss Mayor Krauss spoke regarding work sessions and public comment. 0:38:42 Mr. Sullivan Mr. Sullivan spoke regarding agendas for work sessions. 0:40:24 Mayor Krauss Mayor Krauss spoke regarding Advisory Boards and the need to conform to the Commission Rules. He stated that for any board that is quasi judicial in nature should have a Rules of Procedure. 0:41:35 Mr. Sullivan Mr. Sullivan spoke regarding the need to review by laws with each board to see how they operate. A standard operating rules to follow may be considered. 0:43:39 Mayor Krauss Mayor Krauss spoke regarding the rule of 3 votes to deny or approve items. He spoke regarding conflict of interest. 0:47:51 Cr. Taylor Cr. Taylor stated that he is concerned about someone being forced to vote in a situation where it will look bad forever. 35 Minutes of the Bozeman City Commission, December 6, 2010 Page 3 of 11 0:57:07 Mayor Krauss Mayor Krauss spoke regarding reconsiderations. 0:59:20 Cr. Taylor Cr. Taylor spoke regarding televising working meetings. 0:59:46 Stacy Ulmen, City Clerk Ms. Ulmen spoke regarding microphones. 1:02:02 Mr. Sullivan Mr. Sullivan stated that this will come back to the Commission in January. Mr. Sullivan stated that they will look further at Mason's vs Robert's in the future. 1:02:53 Work Session Closed. Mayor Krauss closed the work session. 1:03:04 Break Mayor Krauss declared a break. 1:14:13 C. Call to Order Regular Meeting – 6:00 p.m. Mayor Krauss called the Regular Meeting to order. 1:14:32 Mayor Krauss Mayor Krauss spoke regarding Montana Highway Patrol Trooper David J. DeLaittre, 23, who was shot and killed near Three Forks recently. He asked that he be honored during the Pledge of Allegiance and the Moment of Silence this evening. 1:15:40 D. Pledge of Allegiance and a Moment of Silence 1:16:51 E. Changes to the Agenda Mayor Krauss asked Assistant City Manager Chuck Winn if there were any changes to the agenda. Mr. Winn stated that there was a formatting issue with Action Item 2. Mr. Sullivan stated that the strikeout underline version of the item did not display correctly. He urged the Commission to take care of this item next week. 1:18:34 F. Minutes – October 18, 2010 1:18:38 Motion and Vote to approve the minutes from October 18, 2010 as submitted. It was moved by Cr. Andrus, seconded by Cr. Taylor to approve the minutes from October 18, 2010 as submitted. Those voting Aye being Crs. Andrus, Taylor, Becker, Mehl and Mayor Krauss. Those voting No being none. 36 Minutes of the Bozeman City Commission, December 6, 2010 Page 4 of 11 The motion passed 5-0. 1:18:54 G. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize the City Manager to sign the award of bid to F.L Dye for the replacement of the Main Pool Pump for the Bozeman Swim Center for $40,342.00 (Brennan) 3. Authorize the City Manager to sign the award of bid to Liberty Electric Inc. for the replacement of the natatorium lighting at the Bozeman Swim Center for $88,681.00 (Brennan) 1:18:58 Public Comment Mayor Krauss opened Public Comment. No person commented. Mayor Krauss closed Public Comment. 1:19:06 Motion and Vote to approve consent items G. 1-3 as proposed. It was moved by Cr. Taylor, seconded by Cr. Becker to approve consent items G. 1-3 as proposed. Those voting Aye being Crs. Taylor, Becker, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 1:19:25 H. Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 1:20:18 I. Mayoral Proclamation – Bozeman Hawks Football (Mayor Krauss) Mayor Krauss presented a Mayor Proclamation regarding Bozeman Hawks Football who just finished a 13-0 season and won the State AA football championship. 1:22:40 J. Action Items 1:22:42 1. Frost/Kerin Administrative Project Decision Appeal Application No. C- 10004 (Bristor) 1:24:06 Allyson Bristor, Associate Planner Ms. Bristor gave the staff presentation regarding the Frost/Kerin Administrative Project Decision Appeal Application No. C-10004. Ms. Bristor gave some history regarding the application 37 Minutes of the Bozeman City Commission, December 6, 2010 Page 5 of 11 stating that on May 20, 2010, the Department of Planning received a Certificate of Appropriateness (COA) application from Patrick Donahoe, the owner of the property addressed as 613 South 6th Avenue for construction of a garage. She showed pictures and the drawings of the project. She showed amended drawings of the project. 1:35:32 Ms. Bristor Ms. Bristor stated that the height is the main thing that changed in the application. 1:38:13 Ms. Bristor Ms. Bristor stated that the garage can have running water. There are standards for a dwelling. 1:41:42 Ms. Bristor Ms. Bristor spoke regarding the deviation. 1:45:15 Rick Kerin, Appellant Mr. Kerin gave the Appellant presentation. Mr. Kerin stated that he and the applicant have been neighbors for 30 years. He spoke regarding the increase in the elevated grade. He stated that the height and mass is not what was proposed. He showed pictures of the garage and spoke regarding the scale of the area. He stated that he and his wife felt that they were out of the loop. He spoke regarding the wall scale. It affects their light, air space and view. The building is not appropriate. They would like the applicant to comply with the original plan. 2:00:27 Mr. Kerin Mr. Kerin stated that they signed the original zero lot line agreement based on the original scaled drawing. 2:05:12 Public Comment Mayor Krauss opened public comment. 2:05:24 Greg Vidmar, Public Comment Mr. Vidmar stated that he is a builder. He stated that Mr. Kerin has turned the facts around. The dimensions of the building have been correct since the beginning. He spoke regarding the height measurements and the height of the slab. Mr. Kerin's drainage drains on the applicant’s property. Mr. Kerin has been kept in the loop. 2:13:51 Pat Donahoe, Public Comment Mr. Donahoe stated that he has followed the rules and regulations. He is aware of communicating with the neighbors. He stated that his current garage is in a low grade and constantly floods. He stated that his neighbor pulled out the forms for the concrete. Meetings have taken place to work out a compromise. The foundation was lowered. He did try to accommodate the neighbor's concerned. There was never an attempt to deceive the neighbors. They have followed the rules. 38 Minutes of the Bozeman City Commission, December 6, 2010 Page 6 of 11 2:22:36 Susan Swimley, Public Comment Mr. Swimley is an Attorney stated that she represents Mr. Donahoe and the statements made by Mr. Kerin related to the building being a barn, studio apartment, kitchen etc. are not factual. The building meets standards. It compares to everything in the entire area. She commended staff for their assistance. 2:24:49 Mr. Kerin Mr. Kerin stated that he does not lie and he is hoping to get back to the way things used to be. He spoke regarding the parking pad. He spoke regarding the original drawings. 2:28:13 Ms. Bristor Ms. Bristor spoke regarding height maximums and the property lines. She spoke regarding parking in the rear of the structure. 2:40:21 Public Hearing Closed Mayor Krauss closed the Public Hearing. 2:40:52 Motion that having reviewed the application materials, heard public comment, and considered all of the information presented, move to approve the Frost/Kerin Administrative Project Decision Appeal application No. C-10004, incorporating by reference the findings included in the staff memo and the staff recommendation. It was moved by Cr. Becker, seconded by Cr. Mehl that having reviewed the application materials, heard public comment, and considered all of the information presented, move to approve the Frost/Kerin Administrative Project Decision Appeal application No. C-10004, incorporating by reference the findings included in the staff memo and the staff recommendation. 2:41:34 Cr. Becker Cr. Becker stated that the decision to be made is merely if the applicant operated in the constraints of the policy that has been set by staff and the Commission to build the building. There are other issues beyond the scope of what is being reviewed. He will be voting no and will be asking staff to lift the stop work order. 2:42:21 Cr. Taylor Cr. Taylor stated that he will voting no. He spoke regarding the height and the lot line agreement. He sees no reason to block the continuation. We are well within the Unified Development Ordinance. 2:45:08 Cr. Andrus Cr. Andrus stated that she will be voting. She hopes the neighbors can work it out. The building meets all the guidelines. 39 Minutes of the Bozeman City Commission, December 6, 2010 Page 7 of 11 2:46:07 Cr. Mehl Cr. Mehl he will be voting no. It is unfortunate that we are here today. The question is if the City complied correctly. 2:47:20 Mayor Krauss Mayor Krauss stated that the building is big. The question is how modern needs fit in with what we have. He will be voting in the negative. 2:50:54 Mr. Sullivan Mr. Sullivan wanted to make sure that the Commission still agrees with staff's findings. They agreed. 2:51:32 Mr. Sullivan Mr. Sullivan stated that if the motion fails, the stop work order would automatically occur. 2:51:50 Vote on the Motion that having reviewed the application materials, heard public comment, and considered all of the information presented, move to approve the Frost/Kerin Administrative Project Decision Appeal application No. C-10004, incorporating by reference the findings included in the staff memo and the staff recommendation. Those voting Aye being none. Those voting No being Crs. Becker, Mehl, Andrus, Taylor and Mayor Krauss. The motion failed 0-5. 2:52:31 2. Provisional Adoption of Ordinance No. 1796, Engineering Text Amendments to Title 18, Unified Development Ordinance, Bozeman Municipal Code, No. Z-10304 (Saunders) 2:53:47 Mr. Sullivan Mr. Sullivan stated that the Ordinance did not show the strike outs. The public did not have the ability to see the specific changes. He stated that the Ordinance should be acted upon next week. 2:55:49 Chris Saunders, Assistant City Planner Mr. Saunders gave the Staff presentation regarding the Provisional Adoption of Ordinance No. 1796, Engineering Text Amendments to Title 18, Unified Development Ordinance, Bozeman Municipal Code, No. Z-10304. 3:06:42 Cr. Andrus Cr. Andrus spoke regarding water rights. 3:07:19 Mr. Saunders Mr. Saunders spoke regarding processes with water rights. 40 Minutes of the Bozeman City Commission, December 6, 2010 Page 8 of 11 3:08:16 Debbie Arkell, Director of Public Services Ms. Arkell spoke regarding change of use applications. 3:15:47 Mr. Saunders Mr. Saunders stated that these changes will reduce the number of applications that come before the City Commission. Mr. Saunders spoke regarding transferring some responsibility to staff. He spoke regarding water rights and the laws and mechanics regarding them. 3:18:07 Ms. Arkell Ms. Arkell spoke regarding the timing of annexations and the cost of water rights. 3:22:21 Mr. Saunders Mr. Saunders spoke regarding the design year and traffic study. 3:25:05 Mayor Krauss Mayor Krauss spoke regarding annexation agreements. 3:27:50 Mr. Saunders Mr. Saunders spoke regarding the exception for level of service standards. 3:29:43 Mayor Krauss Mayor Krauss stated that this item will be added to the December 13th Agenda for Provisional adoption. 3:31:38 Break Mayor Krauss declared a break. 3:36:24 Meeting called back to order Mayor Krauss called the meeting back to order. 3:36:27 3. Adoption of the Capital Improvements Plan (CIP) for 2012-2016, General Fund (Rosenberry) 3:36:30 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation regarding the Adoption of the Capital Improvements Plan (CIP) for 2012-2016, General Fund. 3:39:38 Ms. Rosenberry Ms. Rosenberry spoke regarding the ratings and scoring criteria. 3:41:22 Cr. Andrus Cr. Andrus spoke regarding the copy machine replacements. 41 Minutes of the Bozeman City Commission, December 6, 2010 Page 9 of 11 3:41:52 Ms. Rosenberry Ms. Rosenberry spoke regarding the possibility of replacing the copiers all at once. 3:45:17 Ms. Rosenberry Ms. Rosenberry spoke regarding the patrol motorcycles. 3:45:40 Mr. Winn Mr. Winn spoke regarding the useful life of police motorcycles. 3:49:26 Motion to adopt the General Fund Capital Improvements Plan (CIP) for 2012- 2016. It was moved by Cr. Mehl, seconded by Cr. Andrus to adopt the General Fund Capital Improvements Plan (CIP) for 2012-2016. 3:49:38 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3:49:45 Vote on the Motion to adopt the General Fund Capital Improvements Plan (CIP) for 2012-2016. Those voting Aye being Crs. Mehl, Andrus, Taylor , Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:50:02 4. Reappointment to the Transportation Coordinating Committee (Kissel) 3:50:09 Motion and Vote to appoint Dan Martin to the Transportation Coordinating Committee. It was moved by Cr. Mehl, seconded by Cr. Andrus to appoint Dan Martin to the Transportation Coordinating Committee. Those voting Aye being Crs. Mehl, Andrus, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 42 Minutes of the Bozeman City Commission, December 6, 2010 Page 10 of 11 3:50:54 K. FYI/Discussion 3:50:57 1. Replacement Street Light for the Willson and Cleveland lighting District Mr. Winn pointed out a street light that will replace the old street lights on Willson and Cleveland. There was a meeting last Thursday with the neighbors and there will be another meeting January 12th at the Story Mansion. 3:51:39 2. L & J Center and Jail Tour-Wednesday at 8 a.m. This tour will take 2 hours. Mayor Krauss, Cr. Becker and Cr. Mehl stated that they will be there at 10 a.m. 3:53:31 Mr. Winn Mr. Winn spoke further regarding the Willson and Cleveland lights. 3:57:01 3. Rural Fire Chief Duties Agreement Mr. Sullivan stated that there will be a Rural Fire Chief Duties Agreement that will come before the Commission next week. The County wants to take over the Rural Fire Chief duties on an interim basis. These materials will come in late to the Commission. 3:58:31 4. Regional Training Opportunity in Big Timber, December 15th Ms. Ulmen stated that MMIA and the Local Government Center are putting on a Regional Training. This will take place from 8:30-4:30 p.m. Carpooling over is an option. 4:00:05 5. Lobby Registration Cr. Becker stated that he is confused about a letter from the State that was sent to the Commission regarding lobbying. Ms. Ulmen took a look at it and it was meant to notify the Commission that they can register on line. 4:01:13 6. Litigation updates Cr. Becker would like a Litigation Update. Mr. Sullivan stated that they are working on this. 4:02:57 7. Cr. Taylor will be gone for the December 20, 2010 Meeting 4:03:14 8. AED in City Hall Mr. Winn stated that a new AED has been installed in City Hall in the Lobby area. 4:04:38 L. Adjournment Mayor Krauss adjourned the meeting at 9:08 p.m. ____________________________________ Jeffrey K. Krauss, Mayor 43 Minutes of the Bozeman City Commission, December 6, 2010 Page 11 of 11 ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________. 44