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HomeMy WebLinkAbout12-13-10 Minutes, City Commission/ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 13, 2010 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday May 17, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Finance Director Anna Rosenberry, Interim Planning Director Chris Saunders, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. These minutes are not word for word and should be considered along with the audio recording. 0:00:04 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse 0:00:11 B. Pledge of Allegiance and a Moment of Silence 0:01:00 C. Changes to the Agenda Mayor Krauss asked City Manager Kukulski if there were any changes to the agenda. 0:01:05 Chris Kukulski, City Manager Mr. Kukulski explained a change does need to be made on consent item F. 5. revising the agreement to include the nondiscrimination language needed to comply with resolution 4250. 0:02:08 D. Public Service Announcement - City Hall Office Closures December 24th and December 31st (Kissel) 0:02:11 Aimee Kissel, Deputy City Clerk Ms. Kissel announced City Office closures for December 24th and December 31st for the holidays. 0:02:30 E. Minutes - Executive Session Minutes of October 11, 2010 0:02:37 Motion and Vote to approve the executive session minutes of October 11, 2010. It was moved by Cr. Andrus, seconded by Cr. Becker to approve the minutes of October 11, 2010. Those voting Aye being Crs. Andrus, Becker, Taylor, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:02:53 Public Comment Mayor Krauss opened public comment for consent. No person commented. Mayor Krauss closed public comment. 0:02:59 F. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize Mayor to sign Interlocal and Mutual Aid Agreement between Gallatin County and the City of Bozeman for the Performance of Rural Fire Chief Duties on an Interim Basis (Shrauger) Titled amended/packet materials added 12-9-2010 3. Authorize Mayor to sign the Preserve America sub-grant application through the Montana State Historic Preservation Office (Kramer) 4. Authorize City Manager to sign an Interlocal Agreement with the Montana Department of Transportation for a MPDES Small MS4 Storm Water Discharge Co-Permit (Johnson) 5. Authorize City Manager to sign a Professional Services Agreement with Gaston Engineering & Surveying for a Pedestrian Bridge Feasibility Study 6. Approve Liquor License Renewals for 2011 (Neibauer) 7. Approve Resolution No. 4303, authorizing City Manager to sign Change Order No. 17 in the amount of $5,873.05 for the Lower Yard Vehicle Maintenance and HRDC Bus Barn (Goehrung) 0:03:10 Motion and Vote to approve consent items F. 1-14, adding anti-discrimination language to item F. 5 per resolution 4250. It was moved by Cr. Becker, seconded by Cr. Taylor to approve consent items F. 1-14, adding anti-discrimination language to item F. 5 per resolution 4250. Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:03:53 G. Public Comment Mayor Krauss opened general public comment. 0:04:06 Nancy Field, Public Comment Ms. Field spoke regarding action item 2., specifically the CTEP projects path planned for Oak Street. As a member of Gallup she was excited to see this listed. They would however like to request that the organizers of this plan consider equestrian access (easement) along Oak Street as they traditionally ride along Oak Street to the Fairground. When queried by Mayor Krauss, Ms. Field said this could be accomplished by leaving some grassy space between the asphalt trail and the Fairgrounds fence. 0:05:46 Ralph Zimmer, Public Comment Mr. Zimmer of 2103 South Tracy Ave. spoke regarding the positioning of the public comment period on the agenda. He feels public comment should come before approval of the minutes. He also feels citizen advisory boards should be provided more than three minutes during public comment or during action items, etc. Mr. Zimmer also requested lighting be added to the floor of the Bozeman Creek bridge coming to City Hall. 0:09:59 Dr. Steve Nickisch, Public Comment Dr. Nickisch of 1345 Ludwig Lane with Bozeman Deaconess Hospital recommended a hands free ordinance while driving and would ask that the Commission take a proactive stance on this issue. 0:11:25 Mayor Krauss Mayor Krauss asked whether this had been taken to the Councils of Belgrade, Manhattan, Three Forks, West Yellowstone or the County, or whether the advocacy group for this was planning on prompting state legislation. 0:12:08 Sam Miller, Public Comment Mr. Miller of 412 South Cleveland Street spoke as a trauma coordinator and on behalf of the Pedestrian and Traffic Safety Committee, urging the Commission to look at cell phones and distracting driving in the city next year. 0:13:32 Public comment closed. Seeing no further public comment, Mayor Krauss closed public comment. 0:13:39 G. Action Items 0:13:40 1. Request for Sewer Service Outside of City Limits from Jeff Brandner, 1118 Bridger Drive (Hixson) 0:13:50 Rick Hixson, City Engineer Mr. Hixson gave the staff presentation on this item. 0:18:28 Cr. Andrus Cr. Andrus began questions for staff. 0:18:41 Cr. Becker Cr. Becker continued questions for staff. 0:19:43 Debbie Arkell Ms. Arkell provided history on similar items regarding sewer before annexation. 0:21:03 Cr. Taylor Cr. Taylor continued questions for staff. 0:23:11 Cr. Mehl Cr. Mehl continued questions for staff. 0:23:47 Jeff Brandner, Applicant Mr. Brandner of 1118 Bridger Drive spoke as the applicant. 0:26:26 Cr. Taylor Cr. Taylor began questions for the applicant. 0:29:26 Public Comment Mayor Krauss opened public comment, no person commented. Mayor Krauss closed public comment. 0:29:39 Motion, discussion and vote. Mayor Krauss opened motion, discussion and vote. 0:29:45 Motion to allow the owner of 1118 Bridger Drive to connect his residence to the city sewer system prior to annexation subject to the conditions listed on the related memorandum. It was moved by Cr. Taylor, seconded by Cr. Mehl to allow the owner of 1118 Bridger Drive to connect this residence to the city sewer system prior to annexation subject to the conditions listed on the related memorandum. 0:30:18 Discussion on the motion. The Mayor and Commissioners discussed the motion. 0:48:27 Vote on the motion to allow the owner of 1118 Bridger Drive to connect his residence to the city sewer system prior to annexation subject to the conditions listed on the related memorandum. Those voting Aye being Cr. Mehl. Those voting No being Crs. Taylor, Andrus, Becker and Mayor Krauss. The motion failed 1-4. 0:48:54 2. Community Transportation Enhancement Project (CTEP) Recommendations for Fiscal Year 2012-2013 (Dingman) 0:49:11 Ron Dingman, Parks and Recreation Director Mr. Dingman gave the staff presentation on this item. 0:49:58 Mayor Krauss Mayor Krauss began questions for staff. 0:51:56 Cr. Mehl Cr. Mehl continued questions for staff. 0:54:01 Cr. Becker Cr. Becker continued questions for staff. 1:00:38 Cr. Taylor Cr. Taylor continued questions for staff. 1:01:32 Public Comment Mayor Krauss opened public comment. 1:01:40 Ralph Zimmer, Public Comment Mr. Zimmer, chair of the Pedestrian and Traffic Safety Committee said the committee was included in drafting the list of recommendations and does support the CTEP recommendations. He also said the Pedestrian and Traffic Safety Committee are opposed to horses having access to the same path pedestrians are using. 1:02:52 Public comment closed. Seeing no further public comment, Mayor Krauss closed public comment. 1:02:58 Motion, discussion and vote. Mayor Krauss opened motion, discussion and vote. 1:02:59 Motion to approve the Community Transportation Enhancement Projects for fiscal years 2012 and 2013, authorizing staff to make application to the CTEP for all approved projects. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the Community Transportation Enhancement Projects for fiscal years 2012 and 2013, authorizing staff to make application to the CTEP for all approved projects. 1:03:16 Mayor Krauss Mayor Krauss provided discussion on the motion. 1:03:55 Vote on the motion to approve the Community Transportation Enhancement Projects for fiscal years 2012 and 2013, authorizing staff to make application to the CTEP for all approved projects. Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 1:04:16 3. 2011 Legislative Discussion (Kukulski) 1:05:01 Chris Kukulski, City Manager Mr. Kukulski gave the staff presentation on this item. 1:05:55 Public Comment Mayor Krauss opened public comment. 1:06:07 Ralph Zimmer, Public Comment Mr. Zimmer said the Pedestrian and Traffic Safety Committee would be lobbying at the state and local levels for legislation to restrict the use of cell phones while driving. 1:06:07 Public comment closed. Seeing no further public comment, Mayor Krauss closed public comment. 1:07:49 Cr. Mehl Cr. Mehl said he agrees with league items presented, adding he feels strongly regarding the big bill, subdivision flexibility and municipal water. 1:08:50 Mr. Kukulski Mr. Kukulski continued the discussion. 1:10:46 Mayor Krauss Mayor Krauss said he would like localities to be included in receiving taxes from medical marijuana. Mayor Krauss is also interested in protecting big bills, TIFS and funding two year colleges. Mayor Krauss put in a request for a placeholder with Art Wittich and Kathleen Williams to allow development agreements. 1:15:05 Cr Andrus Cr. Andrus asked questions of staff and then said Representative Phillips has five climate protection bill placeholders. She'll work with him and staff on these. 1:17:49 Cr. Becker Cr. Becker asked that policy suggestions within city plans such as the Community Plan and Prost plans be considered. He also would like staff time dedicated to tracking bills within the legislature and keeping the Commission informed. 1:19:45 Cr. Taylor Cr. Taylor says a state version of restrictions on the use of cell phones by drivers would be preferred. Cr. Taylor spoke towards supporting the medical marijuana bill and feels the climate control legislation is very important. 1:27:06 Mayor Krauss Mayor Krauss said he would strongly oppose the looting of the treasure state endowment. He would also like to see tax protest appeals being held in a timely manner. 1:34:56 Break Mayor Krauss called for a ten minute break. 1:49:21 Back From Break Mayor Krauss called the meeting back to order from break. 1:49:3 1. Presentation of Parts of the Recommended Capital Improvements Plan (CIP) for FY2012-2016 - Impact Fee Funds (Rosenberry) 1:49:32 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation on this item beginning with the fire impact fee fund. 1:56:36 Ms. Rosenberry Ms. Rosenberry continued her presentation speaking regarding water impact fees. 2:13:00 Ms. Rosenberry Ms. Rosenberry began the presentation regarding the waste water impact fee schedule. 2:34:29 Public comment Seeing no public present, Mayor Krauss opened public comment and then closed public comment. 2:34:43 5. Provisional Adoption of Ordinance No. 1796, Engineering Text Amendments to Title 18, Unified Development Ordinance, Bozeman Municipal Code, No. Z-10304 (Saunders) *Packet materials added 12-8-2010 2:35:03 Mr. Kukulski Mr. Kukulski spoke regarding contacting several stakeholders on this issue to inform them of this item on tonight's agenda. 2:35:57 Chris Saunders, Planning Department Mr. Saunders gave a brief presentation on this item as the Commision spoke on this item last week during a work session. 2:42:12 Public Comment Mayor Krauss opened public comment. Seeing none, Mayor Krauss closed public comment. 2:42:17 Motion, discussion and vote. Mayor Krauss opened motion, discussion and vote. 2:42:23 Motion that having heard and considered public comment and all presented materials, I hereby adopt the findings presented in the staff report and as recommended by Zoning Commission Resolution Z-10304 and Planning Board Resolution P-10304 I move to approve Ordinance No. 1796 enacting the text amendments requested in application Z-10304. It was moved by Cr. Andrus, seconded by Cr. Becker that having heard and considered public comment and all presented materials, I hereby adopt the findings presented in the staff report and as recommended by Zoning Commission Resolution Z-10304 and Planning Board Resolution P-10304 I move to approve Ordinance No. 1796 enacting the text amendments requested in application Z-10304. 2:42:52 Discussion on the motion. 2:43:00 Friendly amendment Cr. Mehl offered a friendly amendment to the motion substituting the revised section 18.42.180 with the text in total as submitted by the City Attorney. The friendly amendment was accepted. 2:43:36 Discussion on the motion. Discussion and clarification began on the motion. 2:44:54 Vote on the motion that having heard and considered public comment and all presented materials, I hereby adopt the findings presented in the staff report and as recommended by Zoning Commission Resolution Z-10304 and Planning Board Resolution P-10304 I move to approve Ordinance No. 1796 enacting the text amendments requested in application Z-10304 with a friendly amendment substituting the revised section 18.42.180 with the text in total as submitted by the City Attorney. Those voting Aye being Crs. Andrus, Becker, Taylor, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:45:21 6. Appointment to the Impact Fee Advisory Committee (Kissel) 2:45:26 Motion to appoint George Thompson to the Impact Fee Advisory Committee. It was moved by Cr. Mehl, seconded by Cr. Becker to appoint George Thompson to the Impact Fee Advisory Committee. 2:45:27 Cr. Mehl Cr. Mehl spoke towards the appointment of George Thompson to this board as he is the liaison. 2:46:11 Discussion on the motion. 2:46:33 Vote on the motion to appoint George Thompson to the Impact Fee Advisory Committee. Those Voting Aye being Crs. Mehl, Taylor, Andrus, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:47:01 I. FYI/Discussion 2:47:02 1. Thank you to Assistant City Manager, Chuck Winn for his work on the historic lighting district. Cr. Mehl thanked Chuck Winn and said the lights look wonderful. 2:47:34 2. Senior Citizens' Advisory Board has been discussing a park and walk plan Cr. Becker explained a project that the Senior Citizens' Advisory Board has been working on at the Senior Citizen Center and urged that the Commission support these effort 2:48:34 3. Information on plowing near the Senior Center. Debbie Arkell provided information regarding snow plowing and removing snow from this area. 2:50:13 Discussion on this item. 2:53:14 4. Do not need to register as a lobbyist as an elected official. Mr. Sullivan explained elected officials do not need to register with the state as a lobbyist. 2:53:32 5. Pension Obligation Summary Cr. Mehl asked city staff for a pension obligation summary. 2:54:43 6. Thank you to those involved in preparing Ordinance 1796, engineering text amendments to the UDO. City Manager Kukulski thanked all those who were involved in putting together Ordinance 1796, which made a number of engineering text amendments to the UDO. Mr. Kukulski specifically thanked SWMBIA, Realtors, Tim Cooper, Rick Hixson, Debbie Arkell and Chris Saunders and spoke regarding how passage of this item is one big step in the goals of the Commission. 2:55:22 7. Snow Plowing Information. Mr. Kukulski spoke regarding snow plowing efforts and how those have improved in neighborhoods where people are getting notices and working with the street department. The police department will be working on getting vehicles off the street that never move so the street department can properly plow. 2:55:54 Mayor Krauss Mayor Krauss explained his expectation regarding how tickets should be distributed to cars that do not move. 2:57:44 8. Kagy, 7th Ave. Intersection Pedestrian Safety Improvements Mayor Krauss said the City of Bozeman received a letter from Robert Lashaway with MSU regarding the need for intersection pedestrian safety improvements at Kagy and 7th Ave. Mayor Krauss said this has been an important issue for several years with him as he feels it is unsafe and well used pedestrian crossing area. 3:00:28 9. Economic Issues within the Legislature. Mayor Krauss asked that Brit Fontenot familiarize himself about State Legislative Bills as they pertain to economic development. 3:00:51 10. Cemetery Board Re-Appointments during the next meeting. Cr. Taylor mentioned that he will not be present for the next commission meeting when board re-appointments for the Cemetery Board will be handled. As he is the liaison for this board, he mentioned that he would support re-appointment of the members. 3:01:44 Adjourned Mayor Krauss adjourned the meeting at 9:09 p.m. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________.