HomeMy WebLinkAbout11-07-11 Minutes, City Commission LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 7, 2011
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, November 7, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commission Sean Becker, Commissioner Chris Mehl and Commissioner Carson Taylor,
City Manager Chris Kukulski, Finance Director Anna Rosenberry, City Attorney Greg Sullivan.
and City Clerk Stacy Ulmen.
**Please refer to the audio recording of this meeting for additional detail.
0.08:26 A. Call to Order—6 p.m. — Commission Room, City Hall, 121 North Rouse
Mayor Krauss called the meeting to order at 6:02 p.m.
0:08:27 B. Pledge of Allegiance and a Moment of Silence
0:09:26 Welcome
Mayor Krauss welcomed everyone to the meeting.
0:09:33 C. Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr.
Kukulski stated no.
0:09:38 D. Public Service Announcement—City Offices will be closed Friday, November
11th for Veteran's Day (Ulmen)
Ms. Ulmen gave the PSA regarding City Elections and the City Office closure on November 11th
for Veteran's Day.
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Minutes oftlre Bozenrrrn Cite Commission Meeiing,November 7,2011
0:11:18 E. Minutes—August 22, 2011 Executive Session Minutes and September 12,
2011
0:11:21 Motion and Vote to approve the August 22,2011 Executive Session Minutes and the
September 12, 2011 Regular Meeting as submitted.
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve the August 22,2011
Executive Session Minutes and the September 12,2011 Regular Meeting as submitted.
Those voting Ave being Crs. Andrus, Mehl, Becker, Tavlor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:11:42 F. Consent
1. Authorize Payment of Accounts Payable Claims(LaMeres)
2. Authorize City Manager to sign Professional Services Agreement with Peter C.Werwath
for the preparation of an updated Affordable Housing Needs Assessment(McHarg)
3. Authorize City Manager to sign lnterlocal Agreement between the City and Gallatin
County regarding funding and operations for the Gallatin County Victim/Witness
Program (Sullivan)
4. Accept Planning Department First Quarter Fiscal Year 2012 Report(McHarg)
5. Approve Resolution No.4351, authorizing City Manager to sign Change Order No. 2 for
the Hyalite/Sourdough Water Treatment Plant, Membrane Equipment Procurement
Project(Murray)
6. Approve Resolution No.4352, ratifying City Manager's signature on Change Order No. 2
for the College and 11th Roundabout(Hesston)
0:11.47 Public Comment
Mayor Krauss opened public comment on the Consent Agenda.
No person commented.
Mayor Krauss closed public comment on the Consent Agenda.
0:12:02 Motion and Vote to approve (Consent items) F. 1-6 inclusive.
It was moved by Cr. Mehl, seconded by Cr. Becker to approve (Consent items) F. 1-6
inclusive.
Those voting Ave being Crs, Mehl, Becker, Taylor,Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
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Minutes of'the Bozeman Chy Cominission Meeting,November 7,2011
0:12:16 G. Public Comment
Mayor Krauss opened general public comment.
0:12:49 Marty Stewert,Public Comment
Ms. Stewcrt of 3303 Bitterroot Drive commented on the Policy Discussion regarding the Durston
Road and West Babcock Street Special Improvement District and Payback Districts. She spoke
regarding alternative A and urged the Commission to adopt this alternative. She stated that her
neighbor is not happy that he missed the meeting schedule for this item.
0.15:14 Public Comment closed
Mayor Krauss closed public comment.
0:15:23 H. Mayoral Proclamation—Small Business Saturday -November 26, 2011
Mayor Krauss declared November 26, 2011 as Small Business Saturday.
0:17:01 I. Special Presentation—Codification of Municipal Code Online
(Sullivan[Ulmcn)
Ms. Ulmen gave the Special Presentation regarding the Codification of Municipal Code Online.
0:26:56 J. Action Items
0:26:58 1. Public Hearing to consider the Billion Plaza II Nissan Sign Variance
Application No. Z-11265 (Riley)
0:27:17 Doug Riley, Associate Planner
Mr. Riley gave the staff presentation regarding the Public Hearing to consider the Billion Plaza Il
Nissan Sign Variance Application No. Z-11265. Staff recommends approval based on the
findings in the staff report.
0:31:36 Bayliss Ward, Applicant Representative
Mr. Ward stated that he is the architect for the projects. He stated that they are ok with the
conditions.
0:32:05 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:32:14 Motion that based on the findings in the staff report that the application meets the
variance review criteria of Section 18.66.060.0 of the Bozeman Municipal Code, I move to
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Minutes of the Bozeman Cite Commission Meeting,November 7,2011
approve the Billion Plaza 11 Nissan Sign Variance Application #Z-11265 subject to the
condition of approval included in the project staff report,
It was moved by Cr. Becker, seconded by Cr. Taylor that based on the findings in the staff
report that the application meets_the variance review criteria of Section 18.66.060.0 of the
Bozeman Municipal Code,I move to approve the Billion Plaza 11 Nissan Sign Variance
Application #Z-11265 subject to the condition of approval included in the project staff
report,
0:32:45 Commission Discussions on the Motion
The Commission discussed meeting the public interest, location by Cottonwood, capping the
sign size and granting flexibility, proportion of the sign and the size of the lot.
0:36:44 Vote on the Motion that based on the findings in the staff report that the
application meets the variance review criteria of Section 18.66.060.0 of the Bozeman
Municipal Code, I move to approve the Billion Plaza 11 Nissan Sign Variance Application
9Z-11265 subject to the condition of approval included in the project staff report.
Those votine Ave beine Crs. Becker, Taylor, Andrus, Mehl and Mayor Krauss.
Those votine No beine none.
The motion passed 5-0.
0:36.53 2. Review and consider Memorandum of Understanding with Gallatin County
for the Construction of a Municipal Law Enforcement and Courts Building at the Law and
Justice Center Site (Winn)
0:37:18 Chuck Winn, Assistant City Manager
Mr. Winn gave the staff presentation regarding the Memorandum of Understanding with
Gallatin County for the Construction of a Municipal Law Enforcement and Courts Building at
the Law and Justice Center Site.
0:49:23 Questions for Staff
There were no questions for Staff.
0:49:29 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
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Minutes of the Bozeman City Commission Meeting,November 7,2011
0:49:44 Motion to approve the Memorandum of Understanding with Gallatin County for
the construction of a Municipal Law Enforcement and Courts building at the Law and
Justice Center site.
It was moved by Cr. Taylor, seconded by Cr. Andrus to approve the Memorandum of
Understanding with Gallatin County for the construction of a Municipal Law Enforcement
and Courts building at the Law and Justice Center site.
0:49:55 Commission Discussion on the Motion
The Commission discussed that this is the next step in the process, options, important flexibility,
location choice, working with the County, exiting the process if needed,the current conditions of
staff and the hope for progress over the next year.
0:55:29 Vote on the Motion to approve the Memorandum of Understanding with Gallatin
County for the construction of a Municipal Law Enforcement and Courts building at the
Law and Justice Center site.
Those voting Ave being Crs. Tavlor,Andrus, Mehl, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:55:47 3. Public Hearing and possible provisional adoption of Ordinance No. 1821,
creating the Conservation Advisory Board (Meyer)
0:56:06 Natalie Meyer, Grants and Climate Protection Coordinator
Ms. Meyer gave the staff presentation regarding the Public Hearing and possible provisional
adoption of Ordinance No. 1821, creating the Conservation Advisory Board. This Board would
help implement items within the Climate Action Plan. She spoke regarding the idea of creating
working groups.
1:00:10 Commission Questions for Staff
The Commission and Staff discussed working groups, codification needs, liaisons, level of
interests by the Commission, the amount of staff time that will be needed, the contact person for
the public, what would occur in the event that institutional knowledge was lost, vacancies, the
number of working groups, branding and education, involvement of the original task force,
experts, anti idling efforts, interest by other partnerships,benchmarking,recommendations, a
single board vs ad hoc boards, priorities, the possibility of not having a board at all, community
participation, past task forces, abolishment of prior boards, influence and stakeholder
composition.
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Minutes of the Bozeman Cite Commission Meeting,November 7,2011
1:29:04 Public Comment
Mayor Krauss opened public comment.
1:29:13 Nick Bentley, Public Comment
Mr. Bentley stated that he is an organizer of the Bozeman Climate Alliance. This group has been
speaking about things that they would like to do in the community. One of the things that they
identified was to support the Climate Action Plan. There are members that would be interested in
taking part.
1:30:32 Public Comment Closed
Mayor Krauss closed public comment.
1.30:41 Commission Discussion
The Commission discussed the term expert driven, the creation of a new advisory board, mission
creep, how to define expert,the need for people to understand the field, the Commission setting
the agenda, the concerns of workload for current staff in working with small workgroups, costs
to the community,the need to re-evaluate small groups, the community implementation efforts
that need to be addressed, consistency of meetings and community involvement.
1,50:44 Motion to direct staff to return to the Commission with a resolution establishing
working groups based on the recommendation of the Climate Action Plan and the
Commission Annual Work Plan specifying the branding effort and the idling working
groups (these two at a minimum) on November 21, 2011,
It was moved by Cr. Andrus, seconded by Cr. Mehl to direct staff to return to the
Commission with a resolution establishing working groups based on the recommendation
of the Climate Action Plan and the Commission Annual Work Plan specifying the branding
effort and the idling working groups (these two at a minimum) on November 21,2011.
1:51:23 Commission Discussion on the Motion
The Commission discussed constancies of what can be done in one year and the willingness to
try this.
1:53:35 Vote on the Motion to direct staff to return to the Commission with a resolution
establishing working groups based on the recommendation of the Climate Action PIan and
the Commission Annual Work Plan specifying the branding effort and the idling working
groups (these two at a minimum) on November 21, 2011.
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n,linutes ofthe Bozeman City Commission Afeeting,November 7,2011
Those voting Aye being Crs. Andrus, Mehl, Becker,Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1:54:09 4. Public Hearing and possible Final Adoption of Ordinance No. 1819,
reinstating Park Provisions in the Bozeman Municipal Code as an Emergency Measure
(Dingman)
1:54:24 Greg Sullivan, City Attorney
Mr. Sullivan gave the staff presentation regarding the Public Hearing and possible Final
Adoption of Ordinance No. 1819, reinstating Park Provisions in the Bozeman Municipal Code as
an Emergency Measure. This item was inadvertently omitted during the re-codification process.
1:57:00 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
1:57:11 Motion and Vote to Finally Adopt Ordinance No. 1819, reinstating Park Provisions
in the Bozeman Municipal Code.
It was moved by Cr. Mehl, seconded by Cr. Becker to Finally Adopt Ordinance No. 1819,
reinstating Park Provisions in the Bozeman Municipal Code.
Those voting Aye being Crs. Mehl, Becker, Taylor,Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1:57:42 Break
Mayor Krauss declared a break.
2:14:36 Meeting brought back to order
Mayor Krauss called the Meeting back to order.
2:14:51 K. Policy Discussion
2:14:53 1. Durston Road and West Babcock Street Special Improvement Districts and
Payback Districts (Arkell)
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Minutes of the Bozeman Cite Comndssion Meeting,November 7,11171
2:15:06 Debbie Arkell, Public Services Director
Ms. Arkell gave the staff presentation regarding the Durston Road and West Babcock Street
Special Improvement Districts and Payback Districts. Staff presented the following options for
the Commission to consider:
a) Direct staff to bring back Resolutions to amend the West Babcock Street and Durston Road
payback districts to create a homestead exemption as discussed below, with the remaining
payback assessed at the time of future development/subdivision of the land. Payback funds
received would be deposited to the Street Maintenance Fund, assigned to Street Reconstructions.
b) If Alternative (a) is selected,this Alternative will not he applicable. Direct staff to bring back
Resolutions to amend the West Babcock Street and Durston Road payback districts to allow the
payback on properties that have a future potential for further development to estimate the square
footage of right-of-way and exclude that area from payback,with a provision to be included in
future Annexation Agreements that recognizes the right-of-way was estimated, and there will be
no refund of payback fees if the area was underestimated. Payback funds received would be
deposited to the Street Maintenance Fund, assigned to Street Reconstructions.
c) If Alternative(a) is selected,this Alternative will not be applicable. Direct staff to bring back
Resolutions to amend the West Babcock Street and Durston Road payback districts to allow the
deferral of the payback for the estimated future public park land area until the property is further
developed or subdivided, with a provision to be included in future Annexation Agreements that
recognizes the park area was estimated, and there will be no refund of payback fees if the area
was under-estimated. Payback funds received would be deposited to the Street Maintenance
Fund, assigned to Street Reconstructions.
d) Direct staff to research options for a future policy discussion with the Commission on the
potential refund or recalculation of previously paid/charged Durston Road and West Babcock
Street paybacks for properties that have already paid into the Districts.
e)As determined by the City Commission
2:36:25 Commission and Staff discussion
The Commission and Staff discussed the street maintenance fund and where the money will be
spent, growth and the old part of town, the majority of the street reconstruction projects, bonds,
the money used to pay off the bonds,the formula of impact fees and the SID, homestead
exemptions, different methods of assessing, arterial assessments, setting policy for those in an
SID district, encouraging annexations,what is in the City's best interest long term, balance,
fairness and the need to not confuse this with an impact fee.
3:25:02 Commission Direction
Cr. Mehl, Cr. Becker, Cr. Taylor and Cr. Andrus all agreed with pursuing Option A. Mayor
Krauss spoke regarding doing away with the theory of an "Annexation Tax". He feels that it is a
better idea to not reinvent the wheel. Let's see how we can incentivize small properties to come
into our city and have a policy that is consistent. Cr. Taylor agreed that there is a need to have a
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Alinuies of the Bozeman City'Commission Meeting,November 7,2011
discussion related to pockets and payback district. This item will remain on the Work Plan along
with the need to look at a broader annexation policy.
3:37:59 L. FYI/Discussion
3:38:08 1. Upcoming Meetings
There is a grand opening scheduled the same day as the Joint City/Town and County meeting
this Thursday.
3:39:10 M. Adjournment
Mayor Krauss adjourned the meeting at 9:33 p.m.
Jeff
_$� au , Mayor
ATTEST:
r � s
Stacy Ok
PREPARED BY:
S ac(t7m , CMC, City Clerk
Approved on t&t CA.)I _•
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