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HomeMy WebLinkAbout02-03-14 City Commission Minutes, draftPage 1 of 8 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, February 3, 2014 Mayor - Jeff Krauss: Present Deputy Mayor - Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Present Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. A. 06:03:43 PM Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6:03 p.m. B. 06:03:46 PM Pledge of Allegiance and a Moment of Silence C. 06:04:24 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated no. Mayor Krauss asked for an update on the recent escape from the Detention Center. Mr. Kukulski stated that the Police Department is conducting a review of the situation. D. 06:05:58 PM Authorize Absence of Commissioner Andrus 06:06:14 PM Motion and Vote to approve the absence of Commissioner Andrus. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve E. 06:06:28 PM Minutes – Executive Session Minutes from December 16, 2013 7 Bozeman City Commission Minutes, February 3, 2014 Page 2 of 8 06:06:31 PM Motion and Vote to approve the executive session minutes from December 16, 2013 as submitted. Deputy Mayor - Carson Taylor: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve F. 06:06:51 PM Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres)  2. Approve Depository Bonds and Pledged Securities as of December 31, 2013 (Rosenberry)  3. Approve Resolution 4506, authorizing Change Order 6 on the Hyalite/Sourdough Water Treatment Plant Replacement Project (Murray)  06:06:53 PM Public Comment on Consent Agenda Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 06:07:04 PM Motion and Vote to approve consent items G. 1-3 as submitted. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve G. 06:07:22 PM Public Comment Mayor Krauss opened general public comment. 06:07:49 PM Jody McDevit, Public Comment Ms. McDevit urged the Commission to approve a non-discrimination ordinance. 06:10:35 PM Jeffrey Lyton, Public Comment Mr. Lyton urged the Commission to approve a non-discrimination ordinance. 06:11:19 PM Public Comment closed Mayor Krauss closed public comment. 8 Bozeman City Commission Minutes, February 3, 2014 Page 3 of 8 H. 06:11:21 PM Action Items 06:11:23 PM 1. South University District Phase 1 Minor Subdivision Preliminary Plat application to allow the subdivision of 126.9 acres to create 3 lots on property generally located on the south side of West Kagy Boulevard, between South 19th and South 11th Avenues, bound on the south by a future extension of Arnold Street, Application P13048 (Quasi-Judicial) (Krueger)  06:11:56 PM Staff Presentation Brian Krueger, Development Review Manager gave the staff presentation for the South University District Phase 1 Minor Subdivision Preliminary Plat application to allow the subdivision of 126.9 acres to create 3 lots on property generally located on the south side of West Kagy Boulevard, between South 19th and South 11th Avenues, bound on the south by a future extension of Arnold Street, Application P13048. Staff is recommending a modification to Condition 9 to add “the developer shall enter into an agreement with the City prior to final plat approval evidencing the following” as a first sentence to recommended condition 9 on page 3 of the staff report. 06:22:37 PM Commission questions for Staff The Commission and staff discussed the changes to Condition 9, level of service numbers on Kagy and 11 th Streets, the REMU zoning, the Middle Creek ditch users water rights and storm water concerns along with the construction of State Street. 06:31:41 PM Applicant presentation The Applicant representative gave the applicant presentation for the South University District Phase 1 Minor Subdivision Preliminary Plat application to allow the subdivision of 126.9 acres to create 3 lots on property generally located on the south side of West Kagy Boulevard, between South 19th and South 11th Avenues, bound on the south by a future extension of Arnold Street, Application P13048. 06:42:34 PM Questions for Applicant No questions for applicant 06:42:38 PM Public Comment Mayor Krauss opened public comment. 06:42:47 PM Constance Dratz, Public Comment Ms. Dratz stated that she is a Monastery owner in the area of this proposed project. She spoke regarding her concerns of prior calls to the Police Department in regards to student conduct, concerns about density, losing their view and concerns of increased police visits if the project commences. 06:49:11 PM Brian Chisdak, Public Comment Mr. Chisdak stated that he is the owner of a dentistry practice in the area of this proposed project. He spoke regarding charging for parking and giving it to charity, his prior 9 Bozeman City Commission Minutes, February 3, 2014 Page 4 of 8 experience of trash being left on his property after games, concerns of changes to the neighborhood, traffic congestion and emergency access. This is a safety issue for him. 06:54:44 PM Kevin Cook, Public Comment Mr. Cook stated that he is an owner of 4 lots in the Stadium View Development and spoke regarding difficulties of making left turns out of the area. He gave some ideas of how to solve this. He suggested that the Commission look at State Street and see if it needs to be built now instead of putting it off. 06:57:58 PM Edward Dratz, Public Comment Mr. Dratz stated that it seems students do better spread around the City instead of in a student “ghetto”. 07:00:49 PM Steve Hample. Public Comment Mr. Hample stated that he is the owner of a lot in the Stadium view Development. He supports street connection to Stucky. He feels that congestion will be less if there is a direct way o 19 th . His concerns are in regards to traffic. 07:02:30 PM Bill Gruesef, Public Comment Mr. Gruesef stated that this project is disjointed from the Campus itself. MSU should address the housing and do partnerships. They have land available. 07:03:35 PM Public Comment closed Mayor Krauss closed public comment. 07:03:43 PM Applicant rebuttal The Applicant representative spoke regarding the student ghetto label and added that this will be a professional managed property and that there will be strict regulations to follow. Most students are under the age of 21. The complex manages issues. Traffic, biking and walking continues in other places they are studying. They will sign the entrance from Arianna Way. 07:10:14 PM Questions for staff The Commission and staff discussed traffic calculations and standard, density, location of the project, park land requirements, wetlands areas, and construction timelines of Kagy. 07:24:48 PM Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application P13048 and move to approve the preliminary plat with conditions and subject to all applicable code provisions, with amendment to Condition No. 9 to add “the developer shall enter into an agreement with the City prior to final plat approval evidencing the following” as a first sentence to recommended condition 9 on page 3 of the staff report. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd 10 Bozeman City Commission Minutes, February 3, 2014 Page 5 of 8 07:25:35 PM Commission discussion on the Motion. 07:42:30 PM Vote on the Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application P13048 and move to approve the preliminary plat with conditions and subject to all applicable code provisions, with amendment to Condition No. 9 to add “the developer shall enter into an agreement with the City prior to final plat approval evidencing the following” as a first sentence to recommended condition 9 on page 3 of the staff report. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve 07:42:52 PM Break Mayor Krauss declared a break. 07:55:09 PM 2. Resolution 4507, establishing goals and policies for the Funding of Street Reconstruction Projects including establishing a fixed percentage for street reconstruction to be paid for by the creation of a Special Improvement District based on Street Functional Classification (Hixson/Woolard)  07:55:50 PM Staff Presentation Craig Woolard, Public Service Director and Rick Hixson, City Engineer gave the staff presentation regarding Resolution 4507, establishing goals and policies for the Funding of Street Reconstruction Projects including establishing a fixed percentage for street reconstruction to be paid for by the creation of a Special Improvement District based on Street Functional Classification. 08:12:04 PM Commission questions for staff The Commission and staff discussed traffic counts, prioritization of projects, improvements in asset management software, pavement condition indexes, citizen willingness, impact fee and property tax allocations. 08:19:53 PM Continued Staff presentation Mr. Hixson spoke regarding prioritizing projects. 08:20:52 PM Commission questions for staff The Commission and staff discussed funding classifications, special improvement districts, payback districts, traffic counts and margin of error in those, short term projects and the need to review policies every couple of years. 11 Bozeman City Commission Minutes, February 3, 2014 Page 6 of 8 08:44:31 PM Public Comment Mayor Krauss opened public comment. Dave Crawford, Public Comment Mr. Crawford supports the concepts that are being contemplated. 08:47:43 PM Public Comment closed Mayor Krauss closed public comment. 08:47:53 PM Motion to approve Resolution 4507 establishing goals and policies for the funding of street reconstruction projects with the friendly amendment adding the word: “ other” in Third Column named Funding Split and within the text of number 2 in Section 2 Policies. Deputy Mayor - Carson Taylor: Motion Commissioner - Chris Mehl: 2nd 08:48:52 PM Commission discussion on the Motion The Commission spoke regarding the word “other” being added so it is very clear that it is not just SIDs, the local share language, the funding mechanisms in the 50s and 60s, that the biggest luxury is maintaining infrastructure and the need to be responsible. 08:56:50 PM Vote on the Motion to approve Resolution 4507 establishing goals and policies for the funding of street reconstruction projects with the friendly amendment adding the word: “other” in Third Column named Funding Split and within the text of number 2 in Section 2 Policies. Deputy Mayor - Carson Taylor: Motion Mayor - Jeff Krauss: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve 3. 08:58:31 PM Property Tax Abatement for Historic Properties (Thomas)  08:58:33 PM Staff Presentation Community Development Director Wendy Thomas gave the staff presentation for the Property Tax Abatement for Historic Properties. 09:07:45 PM Commission questions for Staff 09:07:48 PM Public Comment 12 Bozeman City Commission Minutes, February 3, 2014 Page 7 of 8 Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 09:08:04 PM Commission questions for Staff The Commission and staff discussed the Board’s involvement. 09:08:32 PM Motion to direct that Staff and the Historic Preservation Advisory Board prepare amendments to the Bozeman Municipal Code to amend the Historic Preservation program including tax abatements and other processes. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 09:10:10 PM Commission discussion on the Motion The Commission discussed wanting to know more about recognition, moving projects forward, and priorities of staff. 09:11:47 PM Vote on the Motion to direct that Staff and the Historic Preservation Advisory Board prepare amendments to the Bozeman Municipal Code to amend the Historic Preservation program including tax abatements and other processes. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Disapprove Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve 09:12:05 PM 4. Appointments to the City Planning Board (Brunckhorst)  09:12:14 PM Mayoral Appointment The Mayor appointed Brett Potter, Laura Dornberger and re-appointed Julien Morice to the City Planning Board. 09:12:46 PM Motion and Vote to affirm the Mayor’s appointment of Brett Potter, Laura Dornberger and re-appointed Julien Morice to the City Planning Board. Commissioner - Chris Mehl: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve 13 Bozeman City Commission Minutes, February 3, 2014 Page 8 of 8 09:12:59 PM I. FYI/Discussion 1. Fire Department voluntary rental safety program meeting on February 12, 214 at 6:30 p.m. at Station No. 3 2. Early meeting start time next week at 4 p.m. 09:14:20 PM J. Adjournment Mayor Krauss adjourned the meeting at 9:14 p.m. ______________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, City Clerk Approved on ___________________________ 14