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HomeMy WebLinkAbout11-14-11 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 14,2011 The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday,November 14, 2011. 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, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. These minutes are not wordfor word and should be considered along ivith the audio recording. 0:00:00 A. Call to Order Executive Session - 5 p.m. - Commission Room, City Hall, 121 North Rouse 0:00:00 B. Executive Session - City Manager Evaluation The Mayor closed to the public this meetingpursuant to Sect. 2-3-203(3), MCA, because discussion related to a matter of individual privacy and the Mayor determined the demands of the individual's privacy clearly exceeded the merits ofpublic disclosure. A separate set of minutes have been prepared for the executive session. 0:00:06 C. Call to Order Regular Meeting 0:00:10 D. Pledge of Allegiance and a Moment of Silence 0:01:23 E. Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski reported there were not. 0:01:28 F. Public Service Announcement- Citizen Advisory Board Openings and Year End Term Expirations 0:01:34 Aimee Kissel, Deputy City Clerk 1 Citizen Advisory Board Coordinator Ms. Kissel explained that the city of Bozeman citizen advisory boards have many terms which will expire soon. She provided directions on how to find information on the boards, available positions and board applications on the city of Bozeman website. 0:03:34 G. Minutes - September 19, 2011 and October 3,2011 0:03:39 Motion and Vote to approve the minutes of September 19 and October 3, 2011. It was moved by Cr. Mehl, seconded by Cr. Andrus„to approve the minutes of September 19 and October 3,2011 as submitted. Those voting Aye being Crs. Mehl, Andrus,Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:04:06 H. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize Payment of$4,713.93 for Buttrey's Solvent Site Cost Recovery (Cooper) 3. Approve Resolution No. 4354, authorizing the commitment of matching funds for the Treasure State Endowment Program Preliminary Engineering Grant Application (Johnson) 4. Approve Resolution No. 4355, authorizing City Manager to sign Change Order No. 9, Bozeman Water Reclamation Facility, Phase I Improvements (Murray) 0:04:20 Public comment on Consent Mayor Krauss opened public comment on consent items. No person commented. Mayor Krauss closed public comment. 0:04:20 Motion and Vote to approve consent item 1-4 as submitted. It was moved by Cr. Andrus, seconded by Cr. Becker to approve consent items 1-4 as submitted. _ Those voting Ave being Crs. Andrus, Becker, Taylor and Mehl. Those voting No being Mayor Krauss. The motion passed 4-1 with Mavor Krauss opposed to consent item 2 authorizing payment of$4,713.93 for the Buttrey's Solvent Site cost recovery. 0:04:55 L Public Comment Mayor Krauss opened general public comment. 0:05:40 Sam Haraldson, Public Comment Mr. Haroldson of 1530 South Grand suggested that the Commission pass Ordinance 1818, distracted driving. 0:06:07 Ann Justin Public Comment Ms. Justin of 618 Autumn Ridge Road said she is opposed to a ban on cell phones while driving as everyone does it and it is a great time to talk on the phone. She finds having her daughter in the car more distracting than talking on the cell phone. She feels this ban would make ordinary citizens law breakers as people will not stop talking on their cell phones while driving, 0:09:46 R an Victor Public Comment Mr. Victor of 205 Peter Koch Tower disagrees with Ordinance 1818 as he feels it would be difficult to enforce because police officers will have a difficult time determining what people are doing with their electronics. He also has a problem with what is punishable - because we are not making hands free illegal. Mr. Victor spoke to research that states there is no difference in danger between a hands free and hands on cell phone. He does not feel this Ordinance will cause a reduction in accidents. Mr. Victor absolutely cannot support Ordinance 1818. 0:12:24 Mr. Wolf,Public Comment Mr. Wolf of 815 Rifle Road said he does not think there is clarification within Ordinance 1818 for bicycles with Ipods and mp3 players which are just as distracting as cell phones. He asked about the restriction on navigational systems and what would happen with built in systems such as On Star; saying you are denying the owner of a vehicle the right to use their built in device. He feels the Ordinance is poorly written as touching a device is necessary to activate it even on hands free devices. He feels a two way radio is just as distracting as a cell phone. He does not think the Ordinance defines the purpose and scope of what you are trying to do. He feels definitions are not clearly defined. He feels this Ordinance will not create safety. He feels this Ordinance is unenforceable and relies upon police officers to make a judgment call. 0:15:30 Elliot Justin,Public Comment Mr. Justin of 618 Autumn Ridge Road spoke regarding Ordinance 1818 and said he is hoping the Commission is using data that shows some sort of spire in accidents related to the use of electronic devices because without that data he says he cannot see passing a Iaw that criminalizes the relationship between the citizens and the police. People will lie and it is dangerous when a law regularly generates dishonesty when dealing with the police. Mr. Justin would like the Commission to include a sundown provision so that after a period of time effectiveness data could be reviewed. 0:16:52 Bill Bartlett Public Comment Mr. Bartlett of 609 Dell Place spoke on behalf of the Bozeman Area Bicycle Advisory Board and a joint committee of the Bicycle Board and the Pedestrian and Traffic Safety Committee. The joint committee have studied this issue and brought it before the Commission. The City has discussed this subject for two years and during that time has looked at a lot of studies and viewpoints. He feels this is the right time to pass this Ordinance. The bicycle board studied the Billings ordinance and was in unanimous agreement with 99% of the Ordinance. The BABAB has voted that bicyclists should have the same laws as automobile drivers. He commended the city of Bozeman for making bicycling safer and friendlier and spoke to some of the improvements made. He spoke to the 60 miles of bike paths available through Gallatin Valley Land Trust for bicycling. He reported that the Gallatin Valley Bicycle Club is huge. On a Tuesday, Wednesday and Thursday afternoon from 5 to 7, volunteers counted bicyclists going through 12 different locations. They found that 1500 bicyclists on average went through those locations each day during those two hours. Bicyclists are a large piece of the population and need protection. Mr. Bartlett would greatly encourage the Commission to pass Ordinance 1818, 0:21:15 Gary Vodehnal,Public Comment Mr. Vodehnal of 614 South 7th spoke on behalf of the Pedestrian and Traffic Safety Committee as their vice-chair saying they are very much in favor of a distracted driving ordinance. They have been looking at this issue for several years. They have heard many stories about people being injured or killed by distracted driving. They have followed other communities and laws and feel this will improve safety for pedestrians, bicyclists and drivers. Mr. Vodehnal provided a personal story about a vehicle collision he witnessed. 0:24:59 James Mirand,Public Comment Mr. Mirand of 1207 Pinehurst Drive is strongly against the ordinance for distracted driving as he feels it is just another infringement on what a citizen can do while in his vehicle. Mr. Mirand said he uses the cell phone constantly for his business. Having children in the car is also distracting and he asked when the city will stop infringing on citizens rights while in their vehicle. He feels people are capable of using cell phones and driving at the same time. 0:26:53 Greg Smith, Public Comment Mr. Smith of 423 North Black Avenue thanked the Commission for the bike lane on Peach saying he uses it regularly. Mr. Smith would like the Commission to pass Ordinance 1818 as this is about safe driving and asking people to drive their vehicles more safely. This focuses attention back on driving the vehicle. 0:28:12 Public Comment Closed Seeing no further public comment, Mayor Krauss closed public comment. 0:28:29 J. Action Items 0:28:29 1. Consider Reclaiming Review Authority for Christenot Annexation No. A- 11001 and Open and Continue to November 28, 2011 (Riley) 0:28:52 Chris Saunders, standing in for Doug Riley, Planning and Community Development Mr. Saunders presented the staff report on this item. 0:29:17 Mayor Krauss asked the Commission if they had any questions for staff. No questions were forthcoming. 0:29:20 Public Comment Mayor Krauss opened public comment on this item. Seeing none, Mayor Krauss closed public comment. 0:29:21 Motion that based upon the fact that the City Commission is the review authority for the Christenot Annexation, and the submitted variance request to defer payment of the fee-in-lieu of water rights is part of that application, I move to reclaim jurisdiction of the Christenot Annexation fee-in-lieu of water rights variance per Section 18.64.010.0.1 and to open and continue the public hearing date for#A-11001 for November 28, 2011. It was moved by Cr. Becker, seconded by Cr. Taylor that based ul2on the fact that the City Commission is the review authority for the Christenot Annexation, and the submitted variance re uest to defer pplment of the fee-in-lieu of water rights is part of that application, I move_to reclaim jurisdiction of the Christenot Annexation fee-in-lieu of water rights variance per Section 18.64.010.C.1 and to open and continue the public hearing date for#A-11001 for November 28,2011. 0:29:59 Discussion on the motion. 0:30:00 Cr. Mehl Cr. Mehl said he would support the motion and would add that he also supports taking it back as it may set a precedent on how we handle cash in lieu. 0:30:15 Cr. Taylor Cr. Taylor said he would also support it because of reclaiming the zone map aspect and he feels it will be more efficient. 0:30:24 Vote on the motion Based upon the fact that the City Commission is the review authority for the Christenot Annexation, and the submitted variance request to defer payment of the fee-in-lieu of water rights is part of that application, I move to reclaim jurisdiction of the Christenot Annexation fee-in-lieu of water rights variance per Section 18.64.010.0.1 and too en and continue the public hearin date for 9A-11001 for November 28,2011. Those voting-Aye being Crs. Becker, Taylor, Mehl, Andrus and Mavor Krauss Those voting No being none. The motion passed 5-0. 0:30:45 2. Consider Opening and Continuing Christenot Zone Map Amendment No. Z- 11170 to November 28, 2011 (Riley) 0:30:46 Mayor Krauss Mayor Krauss asked if there were any questions for staff. There were none. 0:30:54 Public Comment Mayor Krauss opened public comment, no person commented. Mayor Krauss closed public comment. 0:30:59 Motion and vote to continue based upon the open and continuing of the preceding Christenot annexation application, I move to open and continue the Christenot Zone Map Amendment for November 28,2011. It was moved by Cr. Taylor, seconded by Cr. Mehl that based u on the open and continuing of the preceding Christenot annexation application, I move too en and continue the Christenot Zone Mau Amendment for November 28,2011. Those voting Ave being Crs. Taylor, Mehl,Andrus, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:31:44 3. Public Hearing and consideration of Provisional Adoption of Ordinance No. 1818, Providing for a Municipal Infraction of$100 for use of a hand-held electronic device while operating a motor vehicle (Sullivan) 0:32:00 Ron Price, Chief of Police Chief Price provided the presentation on this item. 0.33:46 Cr. Mehl Cr. Mehl began questions for staff verifying that the Billings ordinance has been in effect for one year. 0:34:22 Police Chief Price Responding to Cr. Mehl, Chief Price responded that conversations staff had with the Billings Chief indicated they were supportive of the Ordinance and have not had problems with it. 0:34:42 Police Chief Price Chief Price responded to a question from Cr. Taylor regarding what other cities have passed distracted driving ordinances. He referred to Billings, Whitefish, Butte and an Ordinance currently going through the Commission process in Helena. Missoula has a texting only ordinance and they have had significant problems with enforcement. 0:35:49 Police Chief Price Chief Price responded to a question from Cr. Andrus regarding whether he was concerned with enforcement issues. Chief Price indicated he was not concerned with enforcement issues as the Ordinance is currently written. Billings has demonstrated a clean enforcement track record. 0:36:09 Cr. Becker Cr. Becker feels the definition of hands free within the ordinance is confusing and asked questions related to this definition. 0:37:20 Cr. Becker Cr. Becker asked why this was not written as a secondary offense instead of a primary offense. 0:39:19 Greg Sullivan, City Attorney Greg Sullivan spoke regarding the definition of motor vehicle per a request from Cr. Becker. 0:40:06 Cr. Becker Cr. Becker asked for clarification regarding exceptions to the Ordinance. 0:45:02 Greg Sullivan, City Attorney Mr. Sullivan responded to a question from Cr. Becker saying that Interstate 90 would technically be subject to the Ordinance. However that is the State Patrol's jurisdiction and they do not usually tickets for local provisions. 0:47:30 Cr. Becker Cr. Becker confirmed that staff is not recommending legislating any other type of distraction while driving. 0:47:38 Chief Price Chief Price explained that in great part staff does not recommend legislating for other types of distractions because of feasibility and enforceability issues. 0:48:18 Cr. Mehl Cr. Mehl asked questions regarding the timing of the effective date of the Ordnance if passed. 0:49:33 Chief Price Chief Price said he feels it would be a good policy decision to enter into a very well publicized period of time where warnings were the mandate as opposed to enforcement action in addition to education. 0:50:06 Cr. Mehl Cr. Mehl asked staff about their opinion on sun setting the ordinance or asking for a report on effectiveness. 0:50:11 Greg Sullivan, City Attorney Mr. Sullivan responded that he feels the Commission should consider in a policy session, that type of automatic sunset in relation to the underlying rationale to adopting an Ordinance. 0:51:57 Mayor Krauss Mayor Krauss asked Chief Price whether the Montana Highway Patrol would enforce this on the interstate. 0:52:06 Police Chief Price Chief Price responded he does not believe Montana Highway Patrol cites into the municipal courts. 0:53:10 Mayor Krauss Mayor Krauss asked questions regarding enforcement and the possible effects of passing this Ordinance on law enforcement. 0:53:48 Mayor Krauss Mayor Krauss asked questions about laws for younger drivers. 0:56:57 Cr. Taylor Cr. Taylor asked about distracted driving education. 0:57:07 Police Chief Price Chief Price said the distracted driving education component will continue regardless of what happens with this Ordinance. Lieutenant Mark Johnson has been charged with crafting an approach and has already had a significant event at the high school during teen driving week which was quite well attended. They also continue to be a part of student driving classes. 0:58:11 Cr. Andrus Cr. Andrus asked questions related to how out of town drivers will know we have this Ordinance in place. 0:58:48 John Van Delinder, Street Superintendent Mr. Van Delinder said city staff met with Montana Department of Transportation today and MDT is working on an acceptable sign to put up on their streets which are the entryways to the City of Bozeman. 1:00:32 Public Comment Mayor Krauss opened public comment. 1:00.3 8 4ella Raznoff, Public Comment Ms. Raznoff of 515 South 12th said she supports the distracted driving ordinance as she works at an urgent care and they see a significant number of people who have been in an accident and they relay that someone has been talking on their phone. She regularly sees police officers talking on their cell phones and she asked about that use. Ms. Raznoff also said that many of the youth in the community can operate their cell phones without looking at them while the older generation may have a hard time with cell phones. She would like to see the Ordinance be fair and equitable and not overly punitive to younger drivers. 1:02:53 Danielle Scharff, Public Comment Ms. Scharff of 1311 Wildflower Way currently serves as secretary of the Pedestrian and Traffic Safety Committee. Ms. Scharff spoke in favor of the proposed ordinance. She referred to a statistic from the National Highway Traffic Safety Administration that drivers who use handheld devices while driving are four times more likely to get into a crash serious enough to harm themselves or someone else. If this Ordinance results in the reduction of collisions it would be worth it. She feels this is common sense and we know we are more attentive drivers when not talking on a phone_ She also feels talking on a hands free device is also a distraction, but is hard to enforce. She thanked the Commission for their consideration. 1:04:44 Laura Wilburn,Public Comment Ms. Wilburn of 514 North Black said she is strictly a bicycle commuter and she relayed that as an extremely experienced commuter it is scary when car owners are on phones. They are noticeably less predictable and as a vulnerable user, she has to constantly be aware of that. Ultimately, the research is pretty clear. It is the cities obligation to save people's lives over convenience. 1:06:04 John Preston Public Comment Mr. Preston of 409 South Bozeman is a bicycle commuter. He referred to needing to swerve to the right numerous times to avoid drivers who come around the corner while talking on a phone. Large vehicles are especially difficult to control with one hand. Mr. Preston also spoke as an elementary school teacher and he worries about the children who are not defensive bicyclists. Overall safety would be enhanced and this comes down to a matter of convenience versus public safety. 1:07:14 Tom Keck, Public Comment Mr. Keck of 411 North 3rd Ave., spoke on behalf of himself and his family and his son Colin who unfortunately could not be here today. (Colin was killed by a driver using a cell phone.) Mr. Keck said they are concerned about at risk user groups; the bicyclists and pedestrians who are legally using our roads and crossing our streets and there safety when they are. Any distraction while driving is bad, but based on the sheer number of people using a cell phone while driving and the seriousness of taking your eyes off the road, this is even more serious. The research is clear that anything that takes your eyes off the road is the main thing that makes it more likely that you will get into a serious accident or kill someone. Mr. Keck and family are strongly in support of the Ordinance that bans phones while driving. Mr. Keck Mr. Keck said most people would like to obey the law and he is hoping that the Commission will pass this ordinance unanimously. 1:09:37 Ralph Zimmer,Public Comment Mr. Zimmer of 2103 South Tracy Avenue spoke for himself referring to statistics provided at an earlier meeting by the Police Department and statistics provided by students at Montana State University. Mr. Zimmer feels there is vast under reporting by drivers of the use of cell phones. This changes the statistics drastically and makes accuracy difficult. Mr. Zimmer also referred to a study provided to the Commission by staff from GHSA. The memo stated it was from the Governors Highway Safety Administration. Mr, Zimmer said that is not correct- it was from the Governors Highway Safety Association a voluntary association. The study in question was funded by State Farm Insurance who hired an outside consultant. Mr. Zimmer would encourage the Commission to adopt the proposed Ordinance. He would like the Commission to look at including unicycles and to talk about commercial taxi drivers and their use of cell phones. 1:14:17 Nigel Waterton,Public Comment Mr. Waterton of 1304 South Montana Avenue said he and his family bicycle frequently and seeing a cell phone in a drivers hand is very scary for him to see. He would encourage the Commission to pass this Ordinance. He is also concerned about enforcement and would look at studies between the relationship of enforcement and compliance. 1:15:29 Public Comment Closed Seeing no further public comment, Mayor Krauss closed public comment. 1:15:38 Motion to adopt Ordinance No. 1818 providing for a municipal infraction of$100 for use of a handheld electronic device while operating a motor vehicle. It was moved by Cr. Mehl seconded b Cr. Andrus to provisionally adopt Ordinance No. 1818, providing for a municipal infraction of$100 for use of a handheld electronic device while operating a motor vehicle. 1:15:57 Discussion on the motion. 1:19:19 Amendment to the main Motion to create section 1.0 excluding Interstate 90 from Ordinance 1818. It was moved by Cr. Becker, seconded by Cr. Mehl to create section I.d7 excluding Interstate 90 from Ordinance 1818. 1:19:55 Discussion on the amendment to the main motion. 1:21:10 Vote on the amendment to the main motion to create section 1.d7 excluding Interstate 90 from Ordinance 1818. Those voting Ave bcine Crs. Becker, Mehl,Andrus, Taylor and Mayor Krauss. Those voting No being none. The amendment to the main motion passed 5-0. 1:21:26 Continued discussion on the main motion. 1:22:33 Amendment to the main motion to strike from section l.c 'touching a handheld communication or electronic communication device; or'. It was moved by Cr. Becker, seconded by Cr. Taylor to strike from section l.c 'touching a handheld or electronic communication device; or'. 1.23.43 Discussion on the amendment to the main motion. 1:37:36 Vote on the amendment to the main motion to strike from section Le 'touching a handheld or electronic communication device: or'. Those voting Aye being Crs. Becker and Mayor Krauss. Those voting No being Crs. Taylor,Mehl and Andrus. The amendment to the main motion failed 2-3 with Crs. Taylor, Mehl and Andrus opposed 1:38:25 Amendment to the main motion to strike the line from d4 starting with `provided the driver does not touch the wireless telephone or wireless or electronics communication device with ones hands while operating a motor vehicle.' It was moved by Cr. Becker, seconded by Cr. Mehl to strike the line from d4 starting with 'provided the driver does not touch the wireless telephone or wireless or electronics communication device with ones hands while operating a motor vehicle.' 1:38:57 Discussion on the amendment to the main motion. 1:39:34 Mayor Krauss suggested the Commission put a motion on the floor that we allow the touching of bluetooth devices to be legal and that the staff incorporate that into the Ordinance. 1:39:59 Cr. Becker removed his motion to strike the line from d4 starting with, 'provided the driver does not touch the wireless telephone or wireless or electronics communication device with ones hands while operating a motor vehicle.' 1:40:01 Amendment to the main motion per what the Mayor said to be able to legally use a bluetooth or other hands free or wired device, and that staff incorporate that into the Ordinance. It was moved by Cr. Becker, seconded by Cr. Mehl per what the Mayor said to be able to legally use a bluetooth or other hands free or wired device and that staff incorporate that into the Ordinance. 1:41:15 Discussion on the amendment to the main motion. 1:46:26 Vote on the amendment to the main motion per what the Mayor said to be able to legally use a bluetooth or other hands free or wired device, and that staff incorporate that into the Ordinance. Those voting Ave being Crs. Becker, Mehl, Taylor and Mayor Krauss. Those voting No being Cr. Andrus. The amendment to the main motion passed 4-1 with Cr. Andrus opposed. 1:46:50 Further discussion on the main motion. 1:47:28 Amendment to the main motion that on section D3 to strike `not in gear and replace with or'. It was moved by Cr. Becker, seconded by Cr. Mehl that on section D3 strike, 'not in gear and replace with or'. 1:47:59 Discussion on the amendment to the main motion. 1.50:26 Vote on the amendment to the main motion that on section D3 strike 'not in gea r and replace with or'. Those voting Ave being Cr. Becker and Mayor Krauss. Those voti No being Crs. Mehl,Andrus and Taylor. The amendment to the main motion failed 2-3 with Crs. Mehl Andrus and Taylor opposed. 1:51:07 Amendment to the main motion to change the effective date to January 17,2012 or 30 days after final adoption whichever is later. It was moved by Cr. Mehl, seconded by Cr. Taylor to change the effective date to January 17, 2012 or 30 days after final adoption whichever is Iater. 1:51:25 Discussion on the amendment to the main motion. 1:52:14 Vote on the amendment to the main motion to change the effective date to January 17, 2012 or 30 days after final adoption whichever is later. Those voting Ave being Crs. Mehl, Taylor, Andrus, Becker_and Mayor Krauss. Those voting No being none. The amendment to the main motion passed 5-0. 1:52:22 Amendment to the main motion to instruct the City Manager to report back to us within one year about the efficacy of the program. It was moved by Cr. Mehl, seconded by Cr. Andrus to instruct the City Manager to report back to us within one year about the efficacy of the program. ^ 1:52:42 Discussion on the amendment to the main motion. 1:53:02 Vote on the amendment to the main motion to instruct the City Manager to report back to us within one year about the efficacy of the program. Those voting Ave being Crs. Mehl,Andrus,Becker, Taylor and Mayor Krauss. Those voting No being none. The amendment to the main motion passed 5-0. 1:53:15 Discussion and position statements on the main motion. 2:12:20 Vote on the main motion as amended to provisionally adopt Ordinance No. 1818, providing for a municipal infraction of$100 for use of a handheld electronic device while operating a motor vehicle and to create section 1.d7 excluding Interstate 90 and to be able to legally use a bluctootb or other hands free or wired device, and that staff incorporate that into the Ordinance and to change the effective date to January 17, 2012 or 30 days after final adoption whichever is later and to instruct the City Manager to report back to us within one year about the efficacy of the Rrogram. Those voting Ave bein2 Crs. Mehl Andrus Becker and Taylor. Those voting No being Mayor Krauss. The main motion as amended passed 4-1 with Mayor Krauss opposed. 2:12:48 Break Mayor Krauss called for a break. Mayor Krauss resumed the meeting. 2:13:00 K. Policy Discussion 2:13:01 1, Policy Discussion on possible Huffine Lane growth policy amendments (Saunders) 2:13:02 Mayor Krauss Mayor Krauss introduced the policy discussion saying Commission and staff are going to talk about a planning approach besides the standard review of looking at the growth plan every five years. A number of people have asked for changes to the zoning, planning and growth policy along this corridor. 2:13:26 Chris Saunders, Planning and Community Development Mr. Saunders provided the staff presentation on this item. He explained that this present discussion was started with the submittal of an application to change a piece of property at the southeast corner of Cottonwood Road and Huffine Lane to Community, Commercial mixed use. Given the activity seen in the area, the question was asked whether we should proceed with this application itself, or whether this is an indication that we need to look at the larger corridor. 2:20:07 Mayor Krauss Mayor Krauss began discussion by suggesting that staff proceed with recommendation number six to meet with the landowners along Huffine to see what they have to say. 2:20:18 Chris Saunders, Planning and Community Development Mr. Saunders explained meeting with the landowners was planned with any of the proposed alternatives. 2:23:31 Cr. Taylor Cr. Taylor also would like staff to meet with landowners and prefers staff option 44. 2:24:29 Cr. Mehl Cr. Mehl continued the discussion asking what staff has been hearing from the community about Huffine. 2:24:45 Brit Fontenot, Director of Economic Development and Community Relations Mr. Fontenot explained he has been hearing from the community as a whole in terms of where some of the difficulties may be in acquiring certain types of properties for citing a business. This larger discussion may create opportunities that might help other businesses. 2:25:48 Commission and staff continued discussion regarding what type of applications have been submitted over time in the corridor and what the current zoning is. 2:27:41 Cr. Mehl Cr. Mehl would also agree with the Mayor,that staff should proceed by talking with the property owners first. He also explained his thoughts on the different staff options offered. 2:28:26 Cr. Andrus Cr. Andrus asked Mr. Fontenot to elaborate on what opportunities are there that businesses may not be able to move forward with. 2:28:41 Brit Fontenot, Director of Economic Development and Community Relations Mr. Fontenot explained what he has been hearing during conversations with small business owners who are looking for the right location to expand or grow their business and may not be interested in the M-1 zoning designation because it does not suit their particular type of manufacturing. It raises the question are there are other areas within the community that may be appropriate. 2:30:15 Cr. Mehl Cr. Mehl asked Mr. Saunders to expand on what has been heard from property owners in the Huffine area. Discussion focused on what development has happened in the area, and what may be coming in the future. 2:35:21 Chris Kukulski, City Manager Mr. Kukulski spoke regarding the plan to build a second High School just to the south within the next decade. 2:38:50 Cr. Becker Cr. Becker indicated he feels the Commissions decisions in this area should be heavily influenced by the property owners future intent and looking at how that fits into our future growth plans in the area. We would like to see more center type development in the Huffine Corridor. Discussion continued about the balance between future planning and time frames to make changes. 2:42:34 Chris Saunders, Office of Planning and Community Development Mr. Saunders suggested sending out notices to property owners along the corridor that a public hearing will be held on a particular day on this issue. 2:47:35 Public Comment Mayor Krauss opened public comment. 2:47:48 Lucy Poe Public Comment Ms. Pope with the Alliance for Building Communities, Box 5193 in Bozeman spoke regarding speaking with not only the land owners but with the property owners. Specifically there are 129 families within the manufacturing home park that own their own home and are going to be affected by decisions made. She would like manufactured home parks preserved. She spoke about specific agreements with Mountain Meadows Estates relating to water and sewer and future annexation. 2:49:46 Chris Saunders, Office of Planning and Community Development Mr. Saunders explained in further detail the history of agreements with Mountain Meadows Estates. 2:51:32 Chris Budeski Public Comment Mr. Budeski of 895 Technology Blvd is representing the applicant for the Crescent Cross growth policy amendment. He would appreciate the Commission resolving this as quickly as possible because the applicant is in negotiations with a potential buyer for that property. He does like the idea of speaking with property owners and mentioned there is not many along that corridor other than the manufactured home park. 2:54:17 Mr. Saunders Mr. Saunders summed up direction from the Commission saying staff will contact property and land owners in the area inviting them to a public hearing and also let them know they can comment via email, letter, phone call. 2:54:50 Mayor Krauss Mayor Krauss suggested we also hear the application on the same night. 2:55:04 Cr. Taylor Cr. Taylor requested we include what is being proposed in the notices that go out. 2:55:45 2. Presentation of parts of the Recommended Capital Improvements Plan (CIP) for Fiscal Years 2013-2017 (Rosenberry) 2:58:00 Anna Rosenberry, Finance Director Ms. Rosenberry provided the staff presentation on this item. 2:58:14 Building Inspection Fund Capital Improvement Plan 2:58:43 Cr. Mehl Cr. Mehl asked questions regarding the percentage increases prompting discussion with staff on how those percentages are calculated. 3:02:33 Mayor Krauss Mayor Krauss began by saying not to plan on replacing any cars or light service trucks in the next five years. 3:03:31 Anna Rosenberry, Finance Director Ms. Rosenberry spoke regarding the unscheduled items on this CIP. 3:04:54 Discussion occurred regarding vehicles. 3:07:30 Fire Equipment & Capital Replacement Fund CIP 3:07:30 Anna Rosenberry, Finance Director Ms. Rosenberry began the presentation on this item saying this fund derives its revenues from annual taxes; the 4 mill levy approved by the voters. Those annual increases reflect what we expect to happen with the taxable value of the city over the next five years. 3:09:43 Cn Mehl Cr. Mehl began discussion asking about vehicles. 3:17:42 Anna Rosenberry, Finance Director Ms. Rosenberry began her presentation of Tree Maintenance/Forestry unit by saying this division has very little capital. A chipper and the replacement of a 1/2 ton truck are on the list. 3:17:47 Tree Maintenance Fund CIP 3:18:44 Mayor Krauss Mayor Krauss began a discussion regarding vehicles. This discussion included talk about the vehicle replacement policy. 3:20:06 Debbie Arkell, Director of Public Works Ms. Arkell spoke regarding the vehicle, equipment replacement policy and the possibility of revising that policy. They are doing a better job with a vehicle replacement committee that examines replacement on a case by case basis. 3:22:15 Anna Rosenberry, Finance Director Ms. Rosenberry explained that tree and street assessments are based on square footage of lots in town. When annual assessments increase without increases in the rate, they are attributable to annexations primarily. 3:23:13 Cr. Taylor Cr. Taylor continued discussion on the vehicle replacement policy. 3:25:06 Street Maintenance CIP 3:25:11 Anna Rosenberry, Finance Director Ms. Rosenberry began this presentation saying they have split this item into three parts. The first list is programmatic items and equipment replacement. The schedule of projects is included next. Snow removal signs have been removed from the plan since last year. 3:27:31 Anna Rosenberry, Finance Director Ms. Rosenberry explained the service trucks were combined into one schedule. 3:28:39 Mayor Krauss Mayor Krauss began discussion regarding vehicles. 3:29:30 Anna Rosenberry, Finance Director Ms. Rosenberry spoke regarding the sweepers. 3:31:29 Curb Replacement 3:32:05 Cr. Mehl Cr. Mehl began discussion regarding the timing of spending curb replacement money. 3:33:42 Street Reconstruction Schedule 3:33:42 Anna Rosenberry, Finance Director Ms. Rosenberry explained this includes a map of the proposed projects. Several of the Baxter Lane improvements are tied into a street impact fee project. The Durston Road reconstruction project also relates to the maintenance side of a street impact fee project. 3:35:06 Mayor Krauss Mayor Krauss began a discussion regarding South Church Street. 3:35:43 Rules of Procedure Suspended. Mayor Krauss suspended the rules of procedure to allow the meeting to extend past 10 p.m. 3:35:51 Cr. Taylor Cr. Taylor asked questions regarding how this schedule is balanced with impact fee projects. 3:36:40 Anna Rosenberry, Finance Director Ms. Rosenberry explained the process of balancing the street reconstruction timing with impact fee project construction. 3:41:10 L. FYI/Discussion 3:41:21 1. Cr. Mehl will not be here next week. 3:41:30 2. City Commission of Billings is considering a Parks District 3:41:39 3. Public meeting for trails and parks system in Bozeman Cr. Mehl announced a public meeting on Wednesday the 16th at 6:30 in the commission room at City Hall for a presentation and discussion on the trails and parks system in Bozeman. 3:42:22 4. City - County Lunch Mayor Krauss will be attending at noon in the detention center. 3:42:27 5. Board of Regents meeting with Leadership Montana Mayor Krauss spoke regarding meeting with the Board of Regents on Wednesday at the Baxter Hotel. 3,44-006. Leadership Montana Mayor Krauss announced a Leadership Montana business after hours event at Stockman at 19th and Oak. Mayor Krauss will also be attending a Leadership Montana breakfast which will occur on the 1 8th at 7:30 a.m. with the Board of Regents. 3:45:06 7. City exemptions from the Municipal Code Mr. Kukulski spoke to Cr. Mehl`s request from earlier in the year regarding taking a look at the Bozeman Municipal Code to examine in what areas the city has exempted themselves. Mr. Kukulski said staff will continue working on this project. 3:45:57 8. Congratulations to Mayor Krauss and Commissioner Andrus and thank you to their opponents for running. Cr. Taylor congratulated the two candidates who won the recent election for Mayor and Commissioner. He also thanked the people who ran against them. 3:46:23 9. Mobile Food Vendor Materials Mr. Fontenot explained that packet materials for the policy discussion on the agenda for 11-21 will be given to the Commission as soon as possible. 3:46:55 M. Adjournment Mayor Krauss adjourned the meeting at 10:11 p.m. Jeffrey K. a si&ay4r ATTEST: .$ z a - Stacy Ulrri 11C,` C1e PREPARED BI's Aimel Kissel, eputy Ci Clerk Approved on Q 1 �_.