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HomeMy WebLinkAbout09-08-14 Minutes, City Commission draft_2Page 1 of 10 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, September 8, 2014 This meeting was NOT streamed live due to the alternate meeting location, but was aired live on Charter Channel 190. A. Call to Order – 6 p.m. – Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Krauss called the meeting to order at 6:04 p.m. Mayor - Jeff Krauss: Present Deputy Mayor - Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Present City staff present at the dais was City Manager Chris Kukulski, City Attorney Greg Sullivan and Deputy City Clerk Aimee Brunckhorst. B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda Authorize Absence of Commissioner Andrus. Motion and Vote to approve the absence of Commissioner Andrus. It was moved by Cr. Mehl, seconded by Cr. Taylor to approve the absence of Commissioner Andrus. The motion passed 4-0. D. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Boulder Creek Phases 1-4 Major Subdivision Preliminary Plat Findings of Fact and Order, Application P14023 (Quasi-Judicial) (Saunders) 3. Flanders Mill Phases 1-7 Major Subdivision Preliminary Plat Findings of Fact and Order, Application P14024 (Quasi-Judicial) (Saunders) 7 Bozeman City Commission Minutes, September 15, 2014 Page 2 of 10 4. Southbridge Major Subdivision Preliminary Plat Modification Findings of Fact and Order, Application P14010 (Quasi-Judicial) (Rogers) 5. Professional Services Agreement with The Sanborn Map Company, Inc. for the creation of impervious surface area data to support an updated stormwater billing methodology (Henderson) 6. Professional Services Agreement with the Downtown Business Partnership, LLC regarding the administration and management of the Downtown Bozeman Urban Renewal District (Kukulski) 7. Special Permit for Intermountain Opera of Bozeman to sell Beer and Wine for a non-profit fundraiser at the Emerson Cultural Center on October 11 through 13 (Rosenberry) Public Comment on Consent. Mayor Krauss opened public comment. Seeing none, he closed public comment. Motion and Vote to approve Consent Items D. 1-7 as submitted. It was moved by Deputy Mayor Taylor, seconded by Cr. Pomeroy to approve Consent Items D. 1-7 as submitted. The motion passed 4-0. E. Public Comment Mayor Krauss opened public comment. Mr. Lebaron of 314 Treasure Avenue spoke regarding action item F. 4, Bicycle Sharrows saying he is reliant on safe bicycle infrastructure in Bozeman to meet his transportation needs. He spoke regarding experiences in other cities when sharrows are installed and feels sharrows are a step in the right direction, but leave a lot to be desired. He spoke regarding the need and advantages to more aggressive safe bicycle infrastructure. Anthony Lebaron, Public Comment Peter and Eileen McGovern, Public Comment Mr. and Mrs. McGovern of 801 Turnberry Court spoke regarding concerns for health and safety in their residence within phase 3 of the Bridger Creek Subdivision. Mrs. McGovern provided copies of the latest mitigation results from her home. She spoke regarding some of the levels going up, and some going down even though they have a mitigation system. They spoke with a TetraTech employee who said he did not know why. Mr. McGovern continued repeating quotes from city staff and officials. Mrs. McGovern then read from a letter she just sent to Public Works Director Craig Woolard regarding needing a discussion of what can be done to lower the VOC levels in their house. She spoke regarding possible solutions. She said they do not feel safe living in their home. She then spoke regarding the details within her home. Public Comment Closed Seeing no further public comment, Mayor Krauss closed public comment. 8 Bozeman City Commission Minutes, September 15, 2014 Page 3 of 10 F. Action Items 1. Alexander Annexation A14001 and Zone Map Amendment Z14177 requesting annexation of approximately 2.137 acres and amendment of the City zoning map for the establishment of a zoning designation of B-2 Community Business District at the Northeast intersection of Springhill Road and Frontage Road (HWY 10), bordered by Reeves Road (Tabled 8-25-14) (Saunders) Chris Saunders provided the staff presentation on this item. Applicant Presentation, Chris Budeski Mr. Budeski with Madison Engineering provided the applicant presentation saying they requested B-2 zoning as it would provide a bit of flexibility. He is in agreement with all conditions of approval. Public Comment Mayor Krauss opened public comment. No person commented. It was moved by Cr. Pomeroy, seconded by Cr. Mehl that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application A14001 and move to approve the Alexander Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Discussion on the motion. Cr. Mehl noted that the property is completely surrounded by the city and is primed for our goals for annexation. The motion passed 4-0. It was moved by Cr. Pomeroy, seconded by Cr. Mehl that Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z14177 and move to approve the Alexander Zone Map Amendment with contingencies required to complete the application processing. Cr. Mehl said he notes that condition A-K is in compliance but especially with 1-4. Mayor Krauss said this property is located on two entry way corridors so there will be constraints on how it will look. 9 Bozeman City Commission Minutes, September 15, 2014 Page 4 of 10 Cr. Pomeroy spoke regarding annexation near the golf course being a good idea. Vote that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z14177 and move to approve the Alexander Zone Map Amendment with contingencies required to complete the application processing. The motion 4-0. 2. Gallatin Valley Vineyards Conditional Use Permit to allow alcohol wine production (artisan manufacturing use) with an attached tasting room with retail sales and on premises consumption of alcohol at 113 East Main Street, Application Z14215 (Quasi-Judicial) (Saunders) Chris Saunders provided the staff presentation. Mayor Krauss began questions asking about how this fits into the definition of production of goods by the use of hand tools or other small scale light mechanical equipment. Carson Taylor confirmed there will be no production within the tasting area. Bret Archer and Wes Stewart, Applicant Presentation Bret Archer and Wes Stewart answered questions from the Commission. Mr. Archer and Mr. Stewart said they will be bottling from bulk within this facility. Chris Mehl confirmed that the applicants were okay with all the provisions. Public Comment Mayor Krauss opened public comment. No person commented. It was moved by Cr. Mehl, seconded by Deputy Mayor Taylor that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application Z14125 and move to approve the Gallatin Valley Vineyards conditional use permit to allow alcohol wine production an artisan manufacturing use, with an attached tasting room with retail sales and on-premises consumption of alcohol in the building tenant space at 113 East Main Street with recommended conditions and subject to all applicable code provisions. Cr. Mehl provided discussion on this item saying it is in compliance and providing details. Cr. Pomeroy said this application does not include any variations or deviations. She spoke regarding a similar project that the Commission just approved. 10 Bozeman City Commission Minutes, September 15, 2014 Page 5 of 10 Cr. Taylor said they passed the concept of artisan manufacturing, though he did have some concerns. Mayor Krauss provided discussion on this item comparing other projects with this one, speaking regarding retail sales. He would not anticipate this being similar to a traditional bar. Vote on the motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application Z14125 and move to approve the Gallatin Valley Vineyards conditional use permit to allow alcohol wine production an artisan manufacturing use, with an attached tasting room with retail sales and on-premises consumption of alcohol in the building tenant space at 113 East Main Street with recommended conditions and subject to all applicable code provisions. The motion passed 4-0. 3. Resolution 4551, Establishing and Affixing the number of Mills to be charged against the Assessed Valuation of all Taxable Property within the corporate Jurisdictional Boundaries of the City for Fiscal year 2014-2015 (FY15) (Rosenberry) Anna Rosenberry, Administrative Services Director provided the staff presentation on this item. Anna Rosenberry answered a question from Mayor Krauss saying we are 12 mills below the cap. Mayor Krauss answered questions regarding the 911 levy. Deputy Mayor Taylor asked about the reserve and how this change will affect the reserve. Cr. Pomeroy asked a question from page 255, asking why in FY11 and 12 the mill levy went down. 00:47:46 Anna Rosenberry Cr. Mehl asked questions about whether Ms. Rosenberry has yet received information from the state on the class A and TIF information mentioned on page 3 of the memorandum. Ms. Rosenberry had not heard from the state on these items and provided details about this issue. Cr. Mehl asked about how the cap would be affected if the Law and Justice Center Bonds are passed. 11 Bozeman City Commission Minutes, September 15, 2014 Page 6 of 10 Ms. Rosenberry explained that the cap automatically moves so we can make the bond payments as the voters would authorize an increase in the maximum mill levy. Cr. Mehl asked questions about the transportation bonds and how the street general fund is considered. Mayor Krauss asked whether we should leave any mills on the table this year and whether we can levy to pay down general obligation debt. He spoke regarding uncertainty with the legislature and reappraisal. Can we levy to pay off a specific project we did not get to? Anna Rosenberry Public Comment Mayor Krauss opened public comment. No public comment. It was moved by Deputy Mayor Taylor, seconded by Cr. Pomeroy to approve Resolution 4551, establishing and affixing the number of mills to be charged against the assessed valuation of all taxable property within the corporate jurisdictional boundaries of the city for fiscal year 2014-2015. Deputy Mayor Taylor said staff was able to get very close in estimating the valuation of property. He would not be in favor of levying any more than what the budget requires. He spoke further about this. Cr. Pomeroy said the Commissioners already approved the budget and the city needs to pay the bills. She has noticed that the city has deferred maintenance issues. He spoke regarding the ballot measures that the citizens passed. Cr. Mehl said he will be supporting this and thanked staff for coming so close to the values during the budget process. He spoke regarding the low interest rates we already borrow against. He addressed Mayor Krauss’s concerns with the legislature. Mayor Krauss said he voted against the budget. The issues that concern him going forward is that the city has had a long period of operating business as usual. He worries that we could be subject to a lot of changes out of the legislature and the reappraisals. If we did levy the money, it would be something we would not have to levy in the future. He spoke regarding the TOPS bond and things undone during the recession and further into the past. Vote on the motion to approve Resolution 4551, establishing and affixing the number of mills to be charged against the assessed valuation of all taxable property within the corporate jurisdictional boundaries of the city for fiscal year 2014-2015. The motion passed 4-0. 12 Bozeman City Commission Minutes, September 15, 2014 Page 7 of 10 4. Shared Lane Markings (Sharrows) Discussion (Woolard) Rick Hixson, City Engineer provided the staff presentation on this item. Cr. Pomeroy said she is a liaison of the bicycle advisory board and spoke regarding riding a bicycle. She would like to see more bicycle riders for many reasons. Mr. Hixson spoke to why this issue was brought before the Commission. Cr. Pomeroy said she is concerned about safety issues on Mendenhall for bicyclists. Mr. Hixson said bicyclists are already in the lanes of travel right now avoiding the door zone to stay safe. The only difference will be the addition of a reminder to the motorists that they are there and have a right to be there. Cr. Mehl asked about the total budget for pavement marking. Craig Woolard, Public Works Director said $50,000 is budgeted for a striping plan. The $5,000 that the sharrows would cost would come from the street assessment money. John VanDelinder, Street Superintendent said we have a budget of $25,000 for bike infrastructure. Cr. Mehl asked questions regarding whether we should use this as an experiment to see if this works in the community before doing the same on other streets. He asked about the priority list that the bicycle advisory board has created. Rick Hixson explained that Mendenhall came up because of the new construction. Deputy Mayor Taylor asked what the plan is for resurfacing Babcock? Rick Hixson said Babcock is not in the cue. Mayor Krauss asked what the purpose of the cuplets is. Rick Hixson provided background on the cuplets. Mayor Krauss asked whether Mr. Hixson feels the sharrows on Mendenhall will increase congestion on Main Street. Mr. Hixson said he does not feel adding sharrows will add more traffic to Main Street. Mayor Krauss asked about other streets we may put sharrows on. He also asked about the Transportation Plan. 13 Bozeman City Commission Minutes, September 15, 2014 Page 8 of 10 Rick Hixson said they used other guides that are more current than the last Transportation Plan which is due to be updated. Mayor Krauss asked further questions regarding the possibility of a shift in traffic and what the plan would be if that occurred. Craig Woolard said they are trying to balance with this proposal the issues between cars and bicycles. The sharrows could always be removed if they caused issues. Public Comment Mayor Krauss opened public comment. Chris Naumann, Public Comment Mr. Naumann, Executive Director of the Downtown Bozeman Partnership spoke regarding commuting via bicycle 120 days a year. He does not feel that sharrows will shift vehicles off Mendenhall. He spoke regarding the 2009 Downtown Improvement Plan calls for the welcoming of bicyclists downtown via infrastructure improvements. The plan also calls for the transformation of the Mendenhall corridor. He spoke to the very collaborative efforts extensive talks about calming traffic on Mendenhall while better accommodating pedestrian and bicycle traffic. He spoke to city staff working not only with the Partnership but the Bike Board, Parking Commission and Transportation Coordinating Committee. He spoke regarding the problems with removing parking to get a bike lane. On behalf of the Downtown Partnership and in collaboration with all of those groups he would support the inclusion of Sharrows on Mendenhall. Bill Cochran, Public Comment Mr. Cochran, a representative of the Bozeman Area Bicycle Advisory Board, said the Bicycle Board is very supportive of sharrows on Mendenhall. He said this was a compromise they have all worked out. He spoke regarding the results seen in studies when sharrows are added to roads. Jason Delmue, Public Comment Mr. Delmue of the Bozeman Area Bicycle Advisory Board spoke saying this a great opportunity and thanked the city for acknowledging that. When you have two lanes going the same direction, motorists often have another lane to pass within. This is about making more awareness to drivers that bicycling is allowed. Bicycling is only disallowed in two situations - on the downtown sidewalks at any age and on other sidewalks by people over age 15. We should broaden the focus to the downtown neighborhood. Jessie May Campbell, Public Comment Ms. Campbell of 115 South Church Avenue, vice-chair of the Bozeman Area Bicycle Area Advisory Board, the outreach coordinator for the Bozeman Bike Kitchen and the coordinator for the adaptive cycling program for Eagle Mount. She is also a small business owner downtown. Her clientele is about 50% downtown based. She is very much in favor of sharrows on Mendenhall. 14 Bozeman City Commission Minutes, September 15, 2014 Page 9 of 10 Petra Davis, Public Comment Ms. Davis of 901 South Willson Avenue is a Bicycle Advisory Board member and also the MSU bike/ped coordinator. She voiced her support for sharrows. She said when she sees a sharrows she feels safer as a bicyclist. Public Comment Closed. Mayor Krauss opened discussion. Deputy Mayor Taylor said he has been riding his bike more and feels he would ride more often downtown if sharrows were present. If we had 20% more bicyclists downtown, people would understand. He would love to see sharrows on Babcock and Mendenhall simultaneously. The middle of the street makes the most sense. He spoke regarding the sharrows calming traffic on Mendenhall and Babcock. Downtown is becoming more and more the vibrant place we want it to be. Cr. Pomeroy said she lives downtown and supports downtown. If sharrows were present she would ride her bike more often. Cr. Mehl said trying this on Mendenhall is well worth doing. He spoke regarding growth and seeing more and more demand for biking. He does not anticipate a problem with traffic. He is also impressed by how many groups are in support of this. He would be interested to hear what other roads would use sharrows. 5. Appointment to the Bozeman Area Bicycle Advisory Board (Brunckhorst) It was moved by Cr. Pomeroy, seconded by Cr. Mehl Motion and Vote to appoint Daniel Davis to the Bozeman Area Bicycle Advisory Board as the County representative. The motion passed 4-0. G. FYI/Discussion H. Adjournment Meeting adjourned at 8 p.m. ______________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk 15 Bozeman City Commission Minutes, September 15, 2014 Page 10 of 10 PREPARED BY: ______________________________________ Aimee Brunckhorst, Deputy City Clerk Approved on ___________________________ 16