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HomeMy WebLinkAbout11-28-11 Minutes, City Commission a LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 28, 2011 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) 1 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. f=inally 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) Page 1 of 10 Minutes of the Bozeman City Commission,November 28,2011 0:01:16 Public Comment Mayor Krauss opened public comment on the Consent Items. 0:01:37 Ralph Zimmer, Puhlic 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. Page 2 of 10 Minutes of the Bozeman City Commission,November 28,2011 Those voting Me being Crs. Andrus Mehl Ta Ior 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 Continent 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. Page 3 of 10 Minutes of the Bozeman City Commission,November 28,2011 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. Page 4 of 10 Minutes of the Bozeman City Commission,November 28,2011 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 existin�- single-family residence at the time that residence connects to municipal water. Page 5 of 10 Minutes of the Bozeman City Commission,November 28,2011 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 Ave 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) Page 6 of 10 Minutes of the Bozeman City Commission,November 28,2011 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 CVkdy 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. Page 7 of 10 Minutes of the Bozeman City Commission,November28,2011 3:25:09 Grey 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 rcbutted 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 re guest 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. Page 8 of 10 Minutes of the Bozeman City Commission,November 28,2011 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 neap 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 Ave 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. Cvndv Andrus to the Gallatin Local Water Quality District Board. Those voting Ave 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 Ave being Crs. Becker, Taylor, Andrus, Mehl and Mavor Krauss Those voting No being none. The m_otion-passed 5-0. Page 9 of 10 Minutes of the Bozeman City Commission,November 28,2011 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. of B 02,�; �. - .° __ Jeffaus yor M1/L ♦ 4. l y Y�- �. ATTEST* — Stacy Uh , o i �*P(.0•k PREP D .,L4 U[,Z Stacy linen, MC City Clerk Approved o "C) Page 10 of 10