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HomeMy WebLinkAboutOctober 3, 2011 Minutes 1 of 11 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 3, 2011 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, October 3, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, City Attorney Greg Sullivan, Finance Director Anna Rosenberry, Chief of Police Ron Price, Director of Planning and Community Development Tim McHarg, and Deputy City Clerk Aimee Kissel. * These minutes are not word for word and should be considered along with the audio recording. 0:00:28 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse 0:00:32 B. Pledge of Allegiance and Moment of Silence 0:01:15 C. Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. 0:01:37 Chris Kukulski, City Manager Mr. Kukulski reported he was not aware of any changes to the agenda. 0:01:45 D. Minutes - August 15, 2011 0:01:50 Commissioner Taylor Cr. Taylor proposed a deletion to the minutes of August 15th saying at 3:09:09 the sentence "He stated that all ties are severed." should be removed as he did not make that statement. 0:02:23 Motion and Vote to approve the minutes of August 15, 2011 with the deletion of the sentence, "He stated all ties have been severed." It was moved by Cr. Taylor, seconded by Cr. Becker to approve the minutes of August 15, 2011 with the deletion of the sentence, "He stated all ties have been severed." 20 Minutes of the Bozeman City Commission, October 3, 2011 2 of 11 Those voting Aye being Crs. Taylor, Becker, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:03:01 E. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Approve Amendments to the Bozeman Beautification Advisory Board Bylaws (Bristor) 3. Approve Resolution No. 4339, authorizing City Manager to sign Change Orders No. 1R, 2R, 3R, 4, and 5 for the Remodel and Renovation of the City Shop Complex at 814 North Bozeman with combined Change Orders totaling $6,924. (Goehrung) 4. Approve Resolution No. 4347, Amendment to Resolution No. 4327, amending the Bulk Water Rate, non-potable for construction use amount within Section 2-Flat Rate Customers to Current Water Rates at $5.05, Effective September 1, 2011 to $5.28 and Effective September 1, 2012 to $5.52.(Ulmen/Rosenberry) 5. Finally Adopt Ordinance No. 1816, Codifying the Bozeman Municipal Code (Sullivan) 0:03:14 Public comment on Consent Mayor Krauss opened public comment for consent items. No person commented. Mayor Krauss closed public comment. 0:03:22 Motion and Vote to approve consent items E. 1-5. It was moved by Cr. Becker, seconded by Cr. Mehl to approve consent items E. 1-5. Those voting Aye being Crs. Becker, Mehl, Andrus, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:03:42 F. Public Comment Mayor Krauss opened general public comment. 0:04:19 Sam Miller, Public Comment Mr. Miller of 412 West Cleveland Street, spoke on behalf of the trauma program at Bozeman Deaconess Hospital and as a member of the Pedestrian and Traffic Safety Committee. Mr. Miller spoke regarding cell phone distraction during driving. He mentioned other cities and states that have passed laws regarding cell phone use while driving and he feels we need to address this issue here in Bozeman. This issue is causing deaths and injuries across the country. People are at 21 Minutes of the Bozeman City Commission, October 3, 2011 3 of 11 significant risk when drivers are not paying attention. Please consider an ordinance for the city of Bozeman. 0:06:46 Kent Madin, Public Comment Mr. Madin of 14543 Kelly Canyon Road said the notion of hands free being a safe way to talk on the phone and not be distracted is a smoke screen. The actual conversation makes you a distracted driver. Science does not support the notion that if the phone is not in your hand you are safer. Since cell phone companies are selling a potentially hazardous product, when they want to expand, the Commission is in a good position to say to them, show us what you are doing as a company in our community to educate people. 0:09:09 Ralph Zimmer, Public Comment Mr. Zimmer of 2103 South Tracy asked about public comment procedures. 0:10:42 Tom Keck, Public Comment Mr. Keck of 411 North 3rd Ave. said he has a lot of respect for the new Police Chief. The results of the reports collected by the Chief showed that a texting only ban likely would not work well. However, the Billings ban on cell phone use while driving was successful and passed without controversy. Whatever we do to handle distracted driving we need a multi-faceted approach with education, public outreach and legal incentives. The Ordinance needs to be targeted to be affective. Mr. Keck submitted research from the Virginia Tech Transportation Institute and relayed some of the research. Mr. Keck is most concerned about pedestrians and bicyclists and would urge the Commission to pass a City Ordinance that gets to the problem of distracted driving. 0:14:50 Bill Bartlett, Public Comment Mr. Bartlett of 609 Dell Place, spoke as a lawyer and as a member and spokesperson of the Bozeman Area Bicycle Advisory Board. He would urge the Commission on behalf of the board to ban cell phone use while driving because if we reduce the risk we will reduce the loss. Publicity is one of the benefits of a cell phone ban. He recommended the Commission pass some sort of Ordinance banning cell phone use that has a clear statement of expectations with enforcement. 0:18:44 G. Action Items 0:18:59 1. Public Hearing and Possible Approval of Resolution No. 4344, Levying a Special Assessment for Delinquent Water and Sewer Charges for Fiscal Year 2012 (Rosenberry) 0:19:05 Anna Rosenberry, Finance Director Ms. Rosenberry provided a brief staff presentation on this item. 22 Minutes of the Bozeman City Commission, October 3, 2011 4 of 11 0:19:52 Public Comment Mayor Krauss opened public comment on this item. No person commented. Mayor Krauss closed public comment. 0:20:11 Motion and Vote to approve Resolution No. 4344, levying a Special Assessment for Delinquent Water and Sewer Charges for Fiscal Year 2012. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve Resolution No. 4344, Levying a Special Assessment for Delinquent Water and Sewer Charges for Fiscal Year 2012. Those voting Aye being Crs. Mehl, Andrus, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:20:43 2. Public Hearing and Possible Approval of Resolution No. 4345, Levying a Special Assessment for Delinquent Solid Waste Charges for Fiscal Year 2012 (Rosenberry) 0:20:48 Anna Rosenberry, Finance Director Ms. Rosenberry provided the staff report on this item. 0:21:08 Public Comment Mayor Krauss opened public comment on this item. No person commented. Mayor Krauss closed public comment. 0:21:24 Commissioner Mehl Cr. Mehl clarified that about half of the charges originally listed on this Resolution have been paid since materials were submitted for this agenda. 0:21:52 Motion and vote to approve Resolution No. 4345, Levying a Special Assessment for Delinquent Solid Waste Charges for Fiscal Year 2012. It was moved by Cr. Andrus, seconded by Cr. Taylor to approve Resolution No. 4345, Levying a Special Assessment for Delinquent Solid Waste Charges for Fiscal Year 2012. Those voting Aye being Crs. Andrus, Taylor, Becker, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:22:32 3. Public Hearing and Possible Approval of Resolution No. 4346, Levying a Special Assessment for Delinquent Weed Mowing Charges for Fiscal Year 2012 (Rosenberry) 0:22:45 Ms. Rosenberry Ms. Rosenberry provided the staff presentation on this item. 23 Minutes of the Bozeman City Commission, October 3, 2011 5 of 11 0:23:08 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:23:13 Motion and vote, to approve Resolution No. 4346, Levying a Special Assessment for Delinquent Weed Mowing Charges for Fiscal Year 2012. It was moved by Cr. Taylor, seconded by Cr. Becker to approve Resolution No. 4346, Levying a Special for Delinquent Weed Mowing Charges for Fiscal Year 2012. Those voting Aye being Crs. Taylor, Becker, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:23:35 Anna Rosenberry, Finance Director Ms. Rosenberry provided the staff presentation on this item. 0:23:40 4. Public Hearing and Possible Approval of Resolution No. 4348, Levying and Assessing Costs for Special Improvement Lighting Maintenance Districts for Fiscal Year 2012 (Rosenberry) 0:24:16 Commissioner Becker Cr. Becker asked questions of staff. 0:26:10 John VanDelinder, Street Superintendent Mr. VanDelinder clarified who pays for street lights when they are not a part of a street lighting assessment. 0:26:52 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:27:01 Motion and Vote to approve Resolution No. 4348, levying and assessing costs for Special Improvement Lighting Maintenance Districts for Fiscal Year 2012. It was moved by Cr. Becker, seconded by Cr. Mehl to approve Res. 4348, to approve Resolution No. 4348, levying and assessing costs for Special Improvement Lighting Maintenance Districts for Fiscal Year 2012. Those voting Aye being Crs. Becker, Mehl, Andrus, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:27:30 5. Appointment to the Community Affordable Housing Advisory Board (Kissel) 24 Minutes of the Bozeman City Commission, October 3, 2011 6 of 11 0:27:43 Motion and Vote to appoint Tim Dean to the Community Affordable Housing Advisory Board as the building industry professional. It was moved by Cr. Taylor, seconded by Cr. Becker to appoint Tim Dean to the Community Affordable Housing Advisory Board as the building industry professional. Those voting Aye being Crs. Taylor, Becker, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:28:17 H. Policy Discussion 0:28:18 1. Policy Discussion regarding Cellular Phone / Distracted Driving Ordinance (Price) 0:28:52 Ron Price, Chief of Police Mr. Price provided the staff presentation on this item. 0:36:27 Commissioner Taylor Cr. Taylor began questions for staff. 0:43:45 Commissioner Mehl Cr. Mehl continued questions for staff. 0:47:55 Commissioner Becker Cr. Becker continued questions for staff. 0:58:37 Mayor Krauss Mayor Krauss continued questions for staff. 1:02:52 Public Comment Mayor Krauss opened public comment. 1:03:15 Ralph Zimmer, Public Comment Mr. Zimmer of 2103 South Tracy Ave., spoke on behalf of the Pedestrian and Traffic Safety Committee. Mr. Zimmer referred to a statistic in the Dec. 2010 memo from Ron Price that a driver using a (hand held?) cell phone was four times as likely to be involved in a crash. This is an argument for establishing an ordinance restricting those devices. He said we have all seen crashes or near crashes from drivers using cell phones. At a previous meeting Dexter Tank testified who lost a portion of a leg as a result of a driver using a cell phone. Many towns in Montana have enacted or are enacting Ordinances. Mr. Zimmer said he received an email from a professor at MSU in traffic engineering. His students did observations and collected data at six sights. They found 4.5% of a.m. peak Bozeman motorists were obviously using a hand held cell phone with 9% in the p.m. peak. Mr. Zimmer feels the mere enactment of an Ordinance will 25 Minutes of the Bozeman City Commission, October 3, 2011 7 of 11 result in a number of folks ceasing to use cell phones while driving simply because there was a law against it. 1:08:13 Kent Madin, Public Comment Mr. Madin of would ask the chief to consider asking Verizon to provide the data they have that shows the curve of bandwidth usage of people in cars. There is a growing trend of using smart phones which require more attention. If you have a carpool, and cell phone use is illegal you provide an opening for a mother to ask another to not talk on the cell phone. 1:10:26 Sam Miller, Public Comment Mr. Miller read research statements about the risks of cell phone use while driving. Another study from the University of Illinois studying 9 years of crash data in New York, after banning hand held cell phone use while driving. The researchers found significant reductions in crashes. Cell phone use while driving is taking away our ability to react to the road. 1:13:33 Tom Keck, Public Comment Mr. Keck asked about the statement that there have not been reductions in crashes from cell phone bans. He asked how many studies have been done and reviewed. 1:15:05 Mayor Krauss Seeing no further public comment, Mayor Krauss closed public comment. 1:15:24 Commissioner Andrus Cr. Andrus began discussion on this item saying this is a public safety issue. If we can eliminate any distraction this is a good thing. She feels education is a key part, especially for those who are just beginning to drive. 1:17:34 Mayor Krauss Mayor Krauss spoke regarding the city not 'following the herd'. A primary violation would speak to the attitude in Montana that this would be just another reason for law enforcement to stop us. A secondary violation only when another violation is observed fits in nicely that distracted driving causes other things. There are lots of things that people do when they drive. Mayor Krauss would not support a criminal violation. He would support lots of education with minor drivers. Peering into cars to see if minors are texting or under 18 are not what he would like to have the police doing. He does not agree that just having a law will have an affect without enforcement and questioned how enforcement of this Ordinance could affect the ability to enforce other issues. 1:24:59 Commissioner Taylor Cr. Taylor said just forcing people to do something generally does not work, they need to understand why. A vigorous education campaign is very important. Cr. Taylor worries about the youth who use these technologies constantly and would like to focus on these groups. Cr. Taylor spoke regarding being very distracted looking at a map while driving. The reality is that if half 26 Minutes of the Bozeman City Commission, October 3, 2011 8 of 11 the people obey the law, the risk is being somewhat reduced so why not have the Ordinance? He also likes the idea of a distracted driving ordinance that includes other distractions besides cell phone use such as eating, etc. The downside of an Ordinance could be if law enforcement enforces this at the danger of not enforcing something as bad or worse. Cr. Taylor likes the idea of people being cited as a secondary offense when in an accident. The science about whether a statute works is unequivocal. 1:32:38 Mayor Krauss Mayor Krauss spoke further about multi-tasking in a vehicle and how most people are while they are driving. He also spoke about a study that showed a big increase in productivity due to cell phone use. He would question how a ban on cell phone use while driving would affect businesses with service calls, etc. 1:36:06 Commissioner Becker Cr. Becker thanked the police chief for his research and spoke to Ron Price's comments about this being a social norms/acceptance issue not an enforcement issue. Making something illegal does have an impact. In terms of enforceability, we need to look at the impacts on finite resources. The research does not indicate at this time that cell phone use while driving is more dangerous while personal experience tells us doing things in your car is distracting. As cell phone use increases, this issue may become worse. He would support education and possibly a novice driver restriction. 1:46:21 Commissioner Mehl Cr. Mehl clarified the estimated impact to the police force if an Ordinance is passed. He would like some questions answered more clearly such as what would be the impact on staff and whether new drivers can somehow be singled out. He would like to see staff recommendations regarding education efforts and to look at possible Ordinances that would run the gamut of choices such as whether it would be a primary or secondary offense, how extensive the Ordinance would be - hands free only or no devices. He would like to know more options before deciding. 1:50:16 Mayor Krauss Mayor Krauss continued discussion confirming that the Commission would not be interested in a criminal offense but rather a civil. Staff and Commission then discussed options and related consequences for how the law would be written. 1:51:14 Greg Sullivan, City Attorney Mr. Sullivan spoke to his preferences regarding the way the law would be written if the Commission does decide to pass a distracted driving Ordinance. 1:52:14 Mayor Krauss Mayor Krauss continued the discussion. 27 Minutes of the Bozeman City Commission, October 3, 2011 9 of 11 1:56:07 Commissioner Mehl Cr. Mehl summarized direction to staff saying the Commission is interested in staff returning with a plan for a public education campaign and whether special standards can legally be created for new drivers. 1:59:38 Greg Sullivan, City Attorney Mr. Sullivan summarized that staff will bring this issue back to the Commission with an education component, the possibility of addressing novice drivers and a more in depth look at different ordinances. 2:02:49 Mr. Kukulski Mr. Kukulski confirmed that the Commission would like staff to begin drafting an Ordinance with options. 2:03:17 Mayor Krauss Mayor Krauss said he thought he was the only Commissioner that stated he does not like the Billings Ordinance. 2:03:34 Commissioner Andrus Cr. Andrus reiterated that she would like looking at the Billings Ordinance as a model. 2:06:11 Break Mayor Krauss called for a break. 2:25:07 Back from Break Mayor Krauss called the meeting back to order. 2:25:17 2. Policy Discussion regarding Board of Adjustment Purview and Development Review Process (McHarg) 2:25:22 Tim McHarg, Planning Director Mr. McHarg provided a brief presentation on this item. 2:26:11 The Commission began questions for staff. 2:26:14 Mayor Krauss Mayor Krauss spoke to the history of the Board of Adjustment and he does not know whether this board is needed. We are trying to increase what staff can approve. The Commission considers a larger point of view than just the rules strictly by the book. If an adjustment is questionable, it should have public input and be handled by the Commission. He also feels the board just takes more staff time for meetings, etc. without much gain. 2:33:05 Commissioner Taylor Cr. Taylor asked questions of staff. 28 Minutes of the Bozeman City Commission, October 3, 2011 10 of 11 2:35:49 Tim Cooper, Staff Attorney Mr. Cooper provided background on the Board of Adjustment and the process of removing the board or changing the boards jurisdiction. He would caution the Commission that they will need some kind of appellate review. 2:40:57 Mayor Krauss Mayor Krauss spoke regarding timing for an applicant. 2:42:00 Commissioner Taylor Cr. Taylor continued questions for staff. 2:43:04 Commissioner Mehl Cr. Mehl clarified with staff that the ideas listed on the memorandum are supported by staff. He said he is comfortable with the process the way it is now with the Board of Adjustment. 2:52:00 Greg Sullivan Mr. Sullivan explained the differences between how grievances with the Board of Adjustment and the Commission vary. 3:03:44 Commissioner Andrus Cr. Andrus asked staff what the ramifications for staff would be if the Board of Adjustment was eliminated. 3:05:2 Chris Saunders, Planning Department Mr. Saunders continued the discussion regarding what items would be appropriate for which body. He also suggested that instead of removing the Board of Adjustment, modify the language saying 'If the board is not appointed, decisions will defer to the Commission'. 3:07:56 The Commission continued discussion with staff speaking about differences between Board of Adjustment and Commission decisions. 3:16:45 Commissioner Becker Cr. Becker spoke to moving towards the high and medium goals listed on the staff report as the first step. 3:17:57 Commissioner Mehl Cr. Mehl said the merits of the goals should be considered separately whether there is a Board of Adjustment or not. 3:23:15 Mayor Krauss Mayor Krauss said he would like to get these goals passed. 3:33:55 I. FYI / Discussion 29 Minutes of the Bozeman City Commission, October 3, 2011 11 of 11 3:34:07 1. League of Cities and Towns None of the elected officials will be attending the League of cities and towns this year. 3:34:53 2. Upcoming agenda schedules The Associated Students of Montana State University will meet with the City Commission on October 24th. The School District will meet with the City Commission on the 28th. The meeting of the 10th will be early. The Commission decided to cancel the meeting of October 17th due to a lack of items scheduled on that date. The Commission will also not meet October 31st as it is the fifth Monday of the month. Mayor Krauss said the Commission would not meet December 26th or January 2, 2012. The swearing in of soon to be Mayor Becker will occur January 9, 2012. 3:42:10 J. Adjournment Mayor Krauss adjourned the meeting at 9:48 p.m. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________. 30