HomeMy WebLinkAboutNovember 28, 2011 Minutes
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LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 28, 2011
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, November 28, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commission Sean Becker, Commissioner Chris Mehl and Commissioner Carson Taylor,
City Manager Chris Kukulski, Assistant City Manager Chuck Winn, City Attorney Greg Sullivan
and City Clerk Stacy Ulmen.
** Please refer to the audio recording of this meeting for additional detail.
0:00:02 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Krauss called the meeting to order.
0:00:05 B. Pledge of Allegiance and a Moment of Silence
0:00:52 Welcome
Mayor Krauss welcomed everyone to the meeting.
0:01:09 C. Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr.
Kukulski stated no.
0:01:13 D. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Appoint Mayor Krauss and Commissioner Andrus as a sub-committee to review
Depository Bonds & Securities as of September 30, 2011 (Clark)
3. Approve Beer and Wine or Liquor License Renewals for 2012 (Neibauer)
4. Approve a Wine License for Old Hatchery Winery LLC to sell Wine at 2711 West College
Street (Neibauer)
5. Approve Amendment to Promissory Note with Parker Triska Restaurant Group, LLC to
defer payments for one year, for payment of Cash-in-Lieu of Parking (Rosenberry)
6. Finally Adopt Ordinance No. 1818, Providing for a Municipal Infraction of $100 for use of
a hand-held electronic device while operating a vehicle (Price/Sullivan)
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0:01:16 Public Comment
Mayor Krauss opened public comment on the Consent Items.
0:01:37 Ralph Zimmer, Public Comment
Mr. Zimmer of 2103 South Tracy commended the Commission for the hand held device
Ordinance. He spoke regarding his concern of the evaluation to be conducted in one year. He
has experience in this area and is an engineer. Statistics for cell phones are not accurate. He
urged the Commission to approach this with caution. It is going to be difficult to do a
comparison a year from now in his opinion. He urged the Commission to finally adopt the
ordinance.
0:05:28 Mathew Payne, Public Comment
Mr. Payne spoke regarding Consent Item 6. (Finally adopting Ordinance No. 1818 for hand-held
electronic device). He covers many miles and sees many distractions while driving. Is there
really a pressing need for this? He is wondering who will pay the costs for signage.
0:09:39 Ryan Victor, Public Comment
Mr. Victor 205 Peter Koch Tower on the MSU Campus spoke regarding Consent Item 6.(Finally
adopting Ordinance No. 1818 for hand-held electronic device). He feels the law is not the right
avenue tonight. He wants the Commission to vote no and urges the Commission to do more
research. He represents a scientific background on the Ordinance. The law the way it is puts a
burden on law enforcement. Please look at evidence.
0:12:45 Wolf, Public Comment
Wolf of 815 Rifle Road stated that he does not feel that the ordinance proposed is a legally sound
ordinance and feels that it is not enforceable. He spoke regarding the burdens to tax payers. It
also burdens Police Officers to make judgment calls. Do not target one thing. We already have a
reckless driving Ordinance. He urges the Commission to reconsider their position. Make officers
enact reckless driving.
0:16:06 Tom Keck, Public Comment
Mr. Keck of 411 North third stated that the City Ordinance enforced will make it safer.
0:17:27 Public Comment closed
Mayor Krauss closed public comment.
0:17:35 Motion and Vote to approve Consent Items D. 1-6 as submitted
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve Consent Items D. 1-6 as
submitted.
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Minutes of the Bozeman City Commission, November 28, 2011
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Those voting Aye being Crs. Andrus, Mehl, Taylor and Becker.
Those voting No being Mayor Krauss.
The motion passed 4-1.
0:18:28 E. Public Comment
Mayor Krauss opened public comment.
No person spoke.
Mayor Krauss closed public comment.
0:18:54 Break
0:18:56 F. Work Session
0:21:10 1. Joint Meeting with School District 7
Mayor Krauss and the President of the School Board called the meeting to order.
0:21:13 Tax Increment Finance Districts
The City Commission, City Staff, School District and members from the Downtown Business
Association discussed the creation of the Downtown Tax Increment Financing District (TIF), the
boundaries of the TIF district along with contributions and grants that are being run by the TIF
district, taxable valuation and the prorated shares that are paid out. The school stated that they
want to be involved in future TIF district set ups. They want to be involved early and often in the
process.
1:00:05 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
1:00:10 Public Safety
The City Commission, City Staff, the School District and the Safe Routes to Schools State
Coordinator discussed the Safe Routes to School program and the School resource Officer.
1:33:52 Planning for Future School Locations
The City Commission, City Staff and the School District discussed future locations of schools,
current locations that are owned by the district, possible sites outside the City of Bozeman, park
land dedications, the drinking fountain at the tennis courts, possible collaborative purchases and
the possibility of common use of facilities and parks and schools.
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1:49:26 Public Comment
Mayor Krauss opened public comment.
1:50:05 Sandy Dodge, Public Comment
Mr. Dodge stated that he is part of the Parks and Recreation Board. He spoke regarding parkland
requirements. This is in the distant future. He spoke regarding the idea of sharing. This is in the
interest of the tax payers. He can see that this could be worked out. He spoke regarding shared
use agreements.
1:53:03 David Cook, Public Comment
Mr. Cook stated that he is a member on the Parks and Recreation Board. He spoke regarding
membership on the Board. He discussed wetlands as park land dedications. He stated that there is
a need for a discussion of funding future parks. He also spoke regarding the benefits of having
parkland around schools.
2:03:42 Public Comment
Public comment was closed.
2:16:02 Projected dates
The City Commission, City Staff and the School Board spoke regarding when the School will be
going to the voters to build a new elementary school.
2:17:56 Future meetings
The Commission and School District agreed to hold a future meeting. Agenda Items including
the efforts of the two year college were suggested to be added to the future meeting discussion.
2:19:15 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:22:50 Break
Mayor Krauss declared a break.
2:22:54 Meeting called back to order
Mayor Krauss called the meeting back to order.
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2:23:03 G. Action Items
2:23:15 1. Public Hearing for Christenot Annexation No. A-11001 (continued from 9-
26 and 11-14) (Riley)
2:23:37 Doug Riley, Associate Planner
Mr. Riley gave the Staff Presentation regarding the Public Hearing for Christenot Annexation
No. A-11001.
2:35:49 Commission Questions for staff
The Commission and staff discussed use of the ground water well and the costs of deferring
water rights.
2:37:26 Applicant Presentation
Chris Budeski stated that he is the applicant representative and gave the applicant presentation
for the Christenot Annexation No. A-11001. He spoke regarding density.
2:41:00 Public Comment
Mayor Krauss opened public comment.
2:41:10 Deb Stober, Public Comment
Ms. Stober of 395 North Valley Drive stated that she was not notified of the hearings.
2:41:56 Ben (last name not audible), Public Comment
Ben thanked the Commission and urged them to accept the recommendations.
2:42:53 Public Comment closed.
Mayor Krauss closed public comment.
2:42:58 Motion that based upon the analysis and findings in the staff report, I move to
grant a variance to Section 38.23.180, BMC, that provisions for water rights or cash in-lieu
of water rights shall be provided upon further development or subdivision of the property
and/or payment be required for the existing single-family residence at the time that
residence connects to municipal water.
It was moved by Cr. Mehl, seconded by Cr. Taylor that based upon the analysis and
findings in the staff report, I move to grant a variance to Section 38.23.180, BMC, that
provisions for water rights or cash in-lieu of water rights shall be provided upon further
development or subdivision of the property and/or payment be required for the existing
single-family residence at the time that residence connects to municipal water.
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2:43:28 Commission Discussion
2:44:01 Vote on the Motion that based upon the analysis and findings in the staff report, I
move to grant a variance to Section 38.23.180, BMC, that provisions for water rights or
cash in-lieu of water rights shall be provided upon further development or subdivision of
the property and/or payment be required for the existing single-family residence at the
time that residence connects to municipal water.
Those voting Aye being Crs. Mehl, Taylor, Becker, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:44:08 Motion that based upon the analysis and findings in the staff report, I move to
approve Annexation #A-11001, with the 12 recommended terms of annexation listed on
Pages 2-4 of the Staff Report, and direct staff to prepare an annexation agreement for
signature by the parties.
It was moved by Cr. Mehl , seconded by Cr. Taylor that based upon the analysis and
findings in the staff report, I move to approve Annexation #A-11001, with the 12
recommended terms of annexation listed on Pages 2-4 of the Staff Report, and direct staff
to prepare an annexation agreement for signature by the parties.
2:44:34 Commission Discussion on the Motion
The Commission discussed pocket infill annexations, including fire access and consolidation of
city areas.
2:48:36 Vote on the Motion that Based upon the analysis and findings in the staff report, I
move to approve Annexation #A-11001, with the 12 recommended terms of annexation
listed on Pages 2-4 of the Staff Report, and direct staff to prepare an annexation agreement
for signature by the parties.
Those voting Aye being Crs. Mehl, Taylor, Becker, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:48:49 2. Public Hearing for Christenot Zone Map Amendment No. Z-11170
(continued from 9-26 and 11-14) (Riley)
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2:49:15 Doug Riley, Associate Planner
Mr. Riley gave the staff presentation regarding the Public Hearing for Christenot Zone Map
Amendment No. Z-11170.
2:54:53 Question for Staff
The Commission and staff spoke regarding the Zoning Commission's lack of a recommendation
on the project, other possible developments and annexations, parking spaces, subdivision design,
criteria and notifications.
3:02:21 Applicant Chris Budeski
Mr. Budeski gave the Applicant Presentation on the Public Hearing for Christenot Zone Map
Amendment No. Z-11170. He stated that they have looked at the concerns that the neighbors
had regarding the zoning. He spoke regarding the choice of R-4 zoning. He spoke regarding the
potential density of the property.
3:12:04 Commission Questions for Applicant
The Commission, Applicant and staff discussed parking restrictions and width of lots.
3:14:23 Public Comment
Mayor Krauss opened public comment.
3:14:39 Carolyn Powell, Public Comment
Ms. Powell of 315 North Valley Drive stated that she was a member of zoning district. She
spoke regarding the lay of the land. She urged that all walk the land. R-4 does not create
neighborhoods but creates problems. Valley Drive is a gravel road and is a county road.
3:17:43 Cyndy Kindschi. Public Comment
Ms. Kindschiof 505 North Valley Drive stated that she is opposed to the R-4 zoning designation.
There is R-4 zoning in the area and she spoke regarding the concerns. She would like to see R-1
or R-2 zoning instead.
3:18:52 Marty Stewart, Public Comment
Ms. Stewart of 3303 Bitterroot way stated that she would prefer less than an R-4 zoning
designation. Infill should be at a minimum.
3:20:29 Deb Stober, Public Comment
Ms. Stober of 395 North Valley Drive spoke regarding the locations of the current homes in the
area. She spoke regarding criteria. She spoke regarding the current district and the concern of
property values plummeting.
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3:25:09 Greg Kindschi, Public Comment
Mr. Kindschi of 505 North Valley Drive stated that he opposes R-4 zoning designation. He is not
opposed to annexation or and R-2 zoning designation. Please support a lower zoning designation.
3:27:38 Public Comment Closed
Mayor Krauss closed public comment.
3:27:50 Applicant rebuttal
Mr. Budeski rebutted the concerns that were brought up during public comment.
3:31:34 Questions for Applicant
The Commission and Applicant spoke regarding the length and width of the property along with
the dimensions and alignment with Spring Brook.
3:36:45 Public Hearing Closed
Mayor Krauss closed the public hearing.
3:36:49 Suspend Rules
Mayor Krauss suspended the rules until 10:30 p.m.
3:37:04 Motion that based upon the analysis and findings in the staff report and after
consideration of public comment, I move to approve the zone map amendment request for
R-4, with the 4 recommended contingencies listed on Page 2 of the Staff Report, and direct
staff to prepare an ordinance for the map amendment.
It was moved by Cr. Taylor, seconded by Cr. Becker that Based upon the analysis and
findings in the staff report and after consideration of public comment, I move to approve
the zone map amendment request for R-4, with the 4 recommended contingencies listed on
Page 2 of the Staff Report, and direct staff to prepare an ordinance for the map
amendment.
3:37:32 Commission Discussion on the Motion
The Commission discussed the configuration of the lots, the residents that will be affected by the
density, the most viable options, sensitivity to the neighbors on the south side of the
development, what encompasses infill, other developments and density areas, the insistence of
tying into Spring Brook, flexibility of zoning designations, the possibility of working with the
County instead of the City, the Zoning Commission minutes, the limitations of the property,
future developers, the value of annexation being valuable to the City, designing, the differences
in zoning designations, the size of lots in R-3 and R-4 and lot width differences for duplexes.
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4:09:22 Suspend the Rules
Mayor Krauss suspended the Rules to 10:45 p.m.
4:10:01 Vote on the Motion that based upon the analysis and findings in the staff report
and after consideration of public comment, I move to approve the zone map amendment
request for R-4, with the 4 recommended contingencies listed on Page 2 of the Staff Report,
and direct staff to prepare an ordinance for the map amendment.
Those voting Aye being Crs. Taylor, Mehl and Mayor Krauss.
Those voting No being Crs. Becker and Andrus.
The motion passed 3-2.
4:10:34 3. Reappointments to the Gallatin Local Water Quality District Board (Kissel)
It was move d by Cr. Mehl, seconded by Cr. Taylor to appoint Randy Carpenter and Cr.
Cyndy Andrus to the Gallatin Local Water Quality District Board.
Those voting Aye being Crs. Mehl, Taylor, Becker, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
4:11:27 4. Appointment to the Library Board of Trustees (Kissel)
4:11:40 Commission Discussion on the Mayoral appointment
The Commission discussed the applicants for this board.
4:13:00 Mayor Krauss appoints Jennifer Pawlak
Mayor Krauss appointed Jennifer Pawlak to the Library Board of Trustees.
4:14:05 Motion and Vote to support the Mayor's appointment of Jennifer Pawlak to the
Library Board of Trustees.
It was moved by Cr. Becker, seconded by Cr. Taylor to support the Mayor's appointment
of Jennifer Pawlak to the Library Board of Trustees.
Those voting Aye being Crs. Becker, Taylor, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
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4:14:27 5. Appointment to the Senior Citizens' Advisory Board (Kissel)
4:14:28 Motion and Vote to appoint Martha Drysdale to the Senior Citizens' Advisory
Board.
It was moved by Cr. Mehl seconded by Cr. Taylor to appoint Martha Drysdale to the
Senior Citizens' Advisory Board.
Those voting Aye being Crs. Mehl, Taylor, Becker, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
4:14:55 H. FYI/Discussion
1. Video on Bozeman
2. Safeway Grand Opening
3. January 30th Commission Retreat-Formation of Work Plan
4. Chicken Ordinance Appeal received
5. Cr. Andrus gone next week
6. Story regarding Park User Fees
4:18:56 I. Adjournment
The Meeting was adjourned at 10:44 p.m.
____________________________________
Jeff Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on __________________________.
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