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HomeMy WebLinkAboutAugust 29, 2011 Minutes Page 1 of 11 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 29, 2011 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, August 29, 2011. Present were Mayor Jeff Krauss, Commissioner Sean Becker, Commissioner Chris Mehl (arriving late) and Commissioner Carson Taylor, City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. ** Please refer to the audio recording of this meeting for additional detail. 0:09:55 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order. 0:09:59 B. Pledge of Allegiance and a Moment of Silence 0:10:47 Welcome Mayor Krauss welcomed everybody to the meeting. 0:10:50 C. 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 stated that he is removing E.2 and E.3 from the Consent agenda and adding them to the Action Items list. 0:11:13 D. Authorize the Absence of Commissioner Andrus 0:11:21 Motion and Vote to authorize the absence of Cr. Andrus. It was moved by Cr. Becker, seconded by Cr. Taylor to authorize the absence of Cr. Andrus. Those voting Aye being Crs. Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 3-0. 5 Minutes of the Bozeman City Commission, August 29th, 2011 Page 2 of 11 0:11:39 E. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize City Manager to sign Professional Services Agreement Amendment Number 2 for the College and 11th Roundabout Project (Heaston) 3. Authorize City Manager to sign an Amendment to the Professional Services Agreement with Great West Engineering for Closure of the Class IV Cell at the Story Mill Landfill (Johnson) 4. Approve Resolution No. 4334, authorizing City Manager to execute an alternative delivery contract for Bogert Pool Renovations (Cooper) 5. Approve Resolution No. 4337, authorizing City Manager to sign Change Order No. 1 for the 2011 Water Renovations Project (Kerr) 6. Approve cancelling the September 5th Commission meeting in observance of Labor Day (Kissel) 0:11:49 Public Comment on Consent Mayor Krauss opened public comment on the Consent Agenda. No person commented. Mayor Krauss closed public comment on the Consent Agenda. 0:12:21 Motion to approve Consent Items E. 1, 4, 5 and 6. It was moved by Cr. Taylor, seconded by Cr. Mehl to approve Consent Items E. 1, 4, 5 and 6. Those voting Aye being Crs. Taylor, Mehl, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:12:39 F. Public Comment Mayor Krauss opened general public comment. 0:13:08 Ted Newman, Public CommentMr. Newman of 512 Christopher Way stated that he would like feedback on how the City is doing without a code enforcement officer? He spoke regarding cross training the inspectors in regards to the Unified Development Ordinance. He would like a check off box on the planning applications regarding Home Owner Association Architecture Committees. He spoke regarding how the unrelated 4 renters per household is working out. 0:16:08 Venessa Skelton, Thrive, Public Comment Ms. Skelton stated that she works at Thrive and thanked the Commission for the declaration of Thriving Community month. She spoke regarding what Thrive is about. A representative of Thrive spoke regarding programs and the Family resource center. 6 Minutes of the Bozeman City Commission, August 29th, 2011 Page 3 of 11 0:19:28 Deborah Gebhart, Public Comment Ms. Gebhart of Thrive thanked the City Commission for their support. 0:19:47 Public Comment Closed Mayor Krauss closed public comment. 0:19:48 G. Action Items 0:19:49 Consent Item 2. Authorize City Manager to sign Professional Services Agreement Amendment Number 2 for the College and 11th Roundabout Project (Heaston) Discussion took place regarding the Engineer's pay. Mr. Kukulski spoke regarding the original preliminary design and the longer length of time for the construction timeline. Public Works Director Debbie Arkell spoke regarding the pre-design and the time span. Mr. Murray stated that costs in front of the Commission tonight are the actual costs. 0:26:36 Motion to Authorize City Manager to sign Professional Services Agreement Amendment Number 2 for the College and 11th Roundabout Project. It was moved by Cr. Mehl, seconded by Cr. Becker to Authorize City Manager to sign Professional Services Agreement Amendment Number 2 for the College and 11th Roundabout Project. 0:26:51 Commission Discussion on the Motion Mayor Krauss spoke regarding the amount of the costs. 0:28:17 Vote on the Motion to Authorize City Manager to sign Professional Services Agreement Amendment Number 2 for the College and 11th Roundabout Project. Those voting Aye being Crs. Mehl, Becker and Taylor. Those voting No being Mayor Krauss. The motion passed 3-1. 0:28:29 Consent Item 3. Authorize City Manager to sign an Amendment to the Professional Services Agreement with Great West Engineering for Closure of the Class IV Cell at the Story Mill Landfill (Johnson) Mayor Krauss asked if the City needs to contract out for this. Engineer Dustin Johnson stated that the state requires the City to have a professional engineer under contract. 0:30:48 Motion to Authorize City Manager to sign an Amendment to the Professional Services Agreement with Great West Engineering for Closure of the Class IV Cell at the Story Mill Landfill. It was moved by Cr. Becker, seconded by Cr. Taylor to Authorize City Manager to sign an Amendment to the Professional Services Agreement with Great West Engineering for Closure of the Class IV Cell at the Story Mill Landfill. 7 Minutes of the Bozeman City Commission, August 29th, 2011 Page 4 of 11 Those voting Aye being Crs. Becker, Taylor and Mehl. Those voting No being Mayor Krauss. The motion passed 3-1. 0:31:33 G. Action Items 0:31:34 1. Jurisdiction of a Conditional Use Permit with Certificate of Appropriateness and Deviation application for Audrey's Pizza located at 401 E. Peach requesting to add a new outdoor seating area with onsite consumption of alcohol, including a request for a 13 foot deviation from the required Rouse Street setback (Riley) 0:31:35 Doug Riley, Associate Planner Mr. Riley gave the staff report regarding the Jurisdiction of a Conditional Use Permit with Certificate of Appropriateness and Deviation application for Audrey's Pizza located at 401 E. Peach requesting to add a new outdoor seating area with onsite consumption of alcohol, including a request for a 13 foot deviation from the required Rouse Street setback. 0:32:30 Commission Questions for Staff 0:32:54 Public Comment Mayor Krauss opened public comment. 0:33:04 Julie Maxwell, Public Comment Ms. Maxwell stated that she owns the property directly across the street. She has some concerns. Are there plans that can be seen? She has a concern of noise. She is concerned about the parking when the street is widened and suggested that Cottonwood have parking only for residents. 0:34:24 Public Comment closed Mayor Krauss closed public comment. 0:34:33 Mr. Riley Mr. Riley spoke in regards to the public comment. He would be happy to go over the plans with Ms. Maxwell prior to the next meeting. Comments from the MT Department of Transportation can be obtained as well. 0:36:34 Motion to reclaim Jurisdiction of a Conditional Use Permit with Certificate of Appropriateness and Deviation application for Audrey's Pizza located at 401 E. Peach requesting to add a new outdoor seating area with onsite consumption of alcohol, including a request for a 13 foot deviation from the required Rouse Street setback. It was moved by Cr. Taylor, seconded by Cr. Mehl to reclaim Jurisdiction of a Conditional Use Permit with Certificate of Appropriateness and Deviation application for Audrey's Pizza located at 401 E. Peach requesting to add a new outdoor seating area with onsite consumption of alcohol, including a request for a 13 foot deviation from the required Rouse Street setback. 8 Minutes of the Bozeman City Commission, August 29th, 2011 Page 5 of 11 0:37:02 Commission Discussion on the Motion 0:37:57 Vote on the Motion to reclaim Jurisdiction of a Conditional Use Permit with Certificate of Appropriateness and Deviation application for Audrey's Pizza located at 401 E. Peach requesting to add a new outdoor seating area with onsite consumption of alcohol, including a request for a 13 foot deviation from the required Rouse Street setback Those voting Aye being Crs. Taylor, Mehl, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:38:06 2. Public Hearing for Christenot Annexation Application No. A-11001, requesting annexation of 6.663 acres located at 5200 Durston Road (Riley) 0:38:19 Doug Riley, Associate Planner Mr. Riley gave the staff presentation regarding Christenot Annexation Application No. A-11001, requesting annexation of 6.663 acres located at 5200 Durston Road. 0:44:38 Questions for Staff Discussion took place regarding the Special Improvement District. Questions were raised regarding if this property is within the district. Finance Director Anna Rosenberry spoke regarding the bonds. Discussion took place regarding charging for right of way. Discussion took place regarding Impact Fees and which fire district the property would be in. 1:02:28 Jerry Pape, Applicant Representative Mr. Pape gave the Applicant presentation regarding the Christenot Annexation Application No. A-11001, requesting annexation of 6.663 acres located at 5200 Durston Road. This lot is a funny puzzle piece surrounded. 1:06:17 Chris Budeski, Madision Engineering/Applicant Representative Mr. Budeski spoke regarding the impact fees. They are asking that the payments be delayed and paid when the actual impact takes place. 1:08:46 Commission Questions for Applicant Discussion took place regarding the other property owners in the area. The fact that there is only one home on the property, waivers of right to protest, and the difficulty of the applicant coming up with the money at this time. Mr. Sullivan spoke regarding the requirements for cash in lieu. 1:26:10 Public Comment Mayor Krauss opened public comment. 1:26:29 Deb Stober, Public Comment Ms. Stober of 395 North Valley Drive stated that she is part of the payback district. 9 Minutes of the Bozeman City Commission, August 29th, 2011 Page 6 of 11 1:28:30 Public Comment Temporarily Closed Mayor Krauss temporarily closed public comment in order to give staff time to find documents related to payback districts. 1:30:11 Commission Discussion Public Service Director Debbie Arkell spoke regarding the Resolution of Intent for the SID. Mr. Sullivan spoke regarding how SIDs are setup and function. City Engineering Associate Bob Murray spoke regarding trigger points. Discussion took place regarding annexations in payback districts. 1:56:41 Public Comment re-opened Mayor Krauss re-opened public comment. 1:57:02 Ted Newman, Public CommentMr. Newman of 512 Christopher Way spoke regarding annexation and deferring the SID. 1:59:51 Public Comment closed Mayor Krauss closed public comment. 2:00:11 Applicant responses Mr. Pape stated that they need more time to get this application straightened out. He spoke regarding the amount of the money and that the property owner may not annex if this is the case. He spoke regarding the fees upfront. 2:05:24 Commission Discussion Cr. Becker spoke regarding changing the conditions, the SID question, fee in lieu of water rights, the timing of the water right fee, and the connection to water and sewer. Cr. Taylor spoke regarding the sewer, choosing a point of time that will not get lost in the shuffle. Cr. Mehl spoke regarding the Community Plan. 2:14:27 Mr. Kukulski Mr. Kukulski stated that it is his preference to move this a few weeks so that the payback district can be looked at further. 2:36:54 Commission Direction to Staff The Commission gave the following points to explore prior to the next meeting: • Work with Applicant on a variance process • Look at process of deferral of payback • Look at waiver • Make sure all of the details have been looked at in regards to the Annexation agreement • Calculation for the payback. Look at all areas excluding public spaces • Applicant executing in 6 months • Cr. Mehl’s point regarding making things up on the fly. This is the first time that we have looked at it this way. See in the future how this could apply in a generic way. Answers should be more generic. No policy discussion needed. 10 Minutes of the Bozeman City Commission, August 29th, 2011 Page 7 of 11 2:40:41 Motion and Vote to continue this item to September 26, 2011. It was moved by Cr. Mehl, seconded by Cr. Becker to continue this item to September 26, 2011. Those voting Aye being Crs. Mehl, Becker, Taylor and Mayor Krauss. Those voting No being none. 2:41:03 3. Public Hearing for Christenot Zone Map Amendment Application No. Z- 11170, requesting R-4 zoning in conjunction with Annexation (Riley) The motion passed 4-0. 2:41:03 Motion to continue this item to September 26, 2011. It was moved by Cr. Mehl , seconded by Cr. Becker to continue this item to September 26, 2011. 2:41:21 Public Comment Mayor Krauss opened public comment. 2:42:12 Ted Newman, Public Comment Mr. Newman spoke regarding the zoning. He wants to know why properties within 200 feet were not notified. He wants to see R-1 zoning in the area. 2:45:17 Vote on the Motion to continue this item to September 26, 2011. Those voting Aye being Crs. Mehl, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:45:34 Break Mayor Krauss declared a break. 3:07:22 Meeting called back to order Mayor Krauss called the meeting back to order. 3:07:28 4. Public Hearing for Woerlein Single-Household Residence/Garage Certificate of Appropriateness with a Deviation, Application No. Z-11213 (Bristor) 3:07:54 Tim McHarg, Planning Director Mr. McHarg gave the staff presentation regarding the Woerlein Single-Household Residence/Garage Certificate of Appropriateness with a Deviation, Application No. Z-11213. Staff is recommending Conditional Approval. 11 Minutes of the Bozeman City Commission, August 29th, 2011 Page 8 of 11 3:14:41 Commission Questions for Staff The Commission and staff spoke regarding the conditions including the fencing, screening, the location of the property, the finish and design guidelines and Accessory Dwelling Units. 3:17:11 Applicant Presentation Ed Adamson of Bozeman Building Traditions stated that he sold the property to the applicants and that it did have an approved Accessory Dwelling Unit at the time the sale took place. Mr. Adamson gave the applicant presentation. 3:18:24 Commission Questions for Applicant The Commission and Applicant spoke regarding the amount of parking spaces on the lot. Mr. Adamson spoke regarding the landscaping. 3:20:19 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3:20:29 Motion that having reviewed application materials, considered public comment, and considered all information presented, I hereby adopt the findings presented in the staff report for Z-11213 and move to approve Certificate of Appropriateness with a Deviation application Z-11213 requesting the construction of a new single-household residence with an attached garage on the vacant property addressed as 515 West College Street, hereby incorporating by reference the findings included in the staff report with conditions and subject to all applicable code provisions. It was moved by Cr. Becker , seconded by Cr. Taylor that Having reviewed application materials, considered public comment, and considered all information presented, I hereby adopt the findings presented in the staff report for Z-11213 and move to approve Certificate of Appropriateness with a Deviation application Z-11213 requesting the construction of a new single-household residence with an attached garage on the vacant property addressed as 515 West College Street, hereby incorporating by reference the findings included in the staff report with conditions and subject to all applicable code provisions. 3:21:16 Commission Discussion on the Motion Mayor Krauss spoke regarding Accessory Dwelling Units, increasing density and the size of the home proposed. 3:22:34 Vote on the Motion that Having reviewed application materials, considered public comment, and considered all information presented, I hereby adopt the findings presented in the staff report for Z-11213 and move to approve Certificate of Appropriateness with a Deviation application Z-11213 requesting the construction of a new single-household residence with an attached garage on the vacant property addressed as 515 West College Street, hereby incorporating by reference the findings included in the staff report with conditions and subject to all applicable code provisions. 12 Minutes of the Bozeman City Commission, August 29th, 2011 Page 9 of 11 Those voting Aye being Crs. Becker, Taylor, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:22:50 5. Public hearing and possible approval of Resolution No. 4333, relating to $19,552,000 Water System Revenue Bonds (Department of Natural Resources and Conservation Drinking Water State Revolving Loan Program), consisting of the $10,000,000 Series 2011A Bond and the $9,552,000 Series 2011B Bond; authorizing the issuance and fixing the terms and conditions thereof (Rosenberry) 3:22:59 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation regarding Resolution No. 4333, relating to $19,552,000 Water System Revenue Bonds (Department of Natural Resources and Conservation Drinking Water State Revolving Loan Program), consisting of the $10,000,000 Series 2011A Bond and the $9,552,000 Series 2011B Bond; authorizing the issuance and fixing the terms and conditions thereof. 3:27:00 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3:27:12 Motion to approve Resolution No. 4333, relating to $19,552,000 Water System Revenue Bonds, consisting of the $10,000,000 Series 2011A Bond and the $9,552,000 Series 2011B Bond; authorizing the issuance and fixing the terms and conditions thereof. It was moved by Cr. Taylor, seconded by Cr. Mehl to approve Resolution No. 4333, relating to $19,552,000 Water System Revenue Bonds, consisting of the $10,000,000 Series 2011A Bond and the $9,552,000 Series 2011B Bond; authorizing the issuance and fixing the terms and conditions thereof. 3:27:50 Commission Discussion on the Motion 3:28:19 Vote on the Motion to approve Resolution No. 4333, relating to $19,552,000 Water System Revenue Bonds, consisting of the $10,000,000 Series 2011A Bond and the $9,552,000 Series 2011B Bond; authorizing the issuance and fixing the terms and conditions thereof. Those voting Aye being Crs. Taylor, Mehl, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:29:20 6. Appointment to the Board of Ethics (Kissel) 3:30:15 Motion to approve the appointment of Chris Carraway to the Board of Ethics. 13 Minutes of the Bozeman City Commission, August 29th, 2011 Page 10 of 11 It was moved by Cr. Mehl, seconded by Cr. Taylor to appointment of Chris Carraway to the Board of Ethics. 3:30:49 Commission discussion on the motion The Commission discussed visitation with the application. 3:32:15 Vote on the Motion to appointment of Chris Carraway to the Board of Ethics. Those voting Aye being Crs. Mehl, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:32:41 H. Policy Discussion 3:32:52 1. Policy Discussion regarding Board of Adjustment Purview and Development Review Processes (McHarg) Mr. McHarg asked the Commission if they wanted to move ahead with this discussion given the time of the night. The Commission agreed to move this item to September 26th. 3:33:54 Commission Direction to Staff The Commission mentioned the following items to be looked into prior to the next discussion on this item: Process of how to decide which will go to BOA and to the Commission. Do we need a BOA? Is it a good idea? Think in the context of what 3 commissioners can do. BOA agendas after the fact. Inform the Commission more in advance of what the Commission is going to reclaim. 3:43:20 I. FYI/Discussion 3:43:28 1. City Hall will be closed Monday, September 5th 3:43:48 2. Tour of Bogert Pool Mr. Kukulski wants to get a tour of Bogert Pool setup with the Commission. 3:44:19 J. Adjournment Mayor Krauss adjourned the meeting at 9:44 p.m. ____________________________________ Jeff Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk 14 Minutes of the Bozeman City Commission, August 29th, 2011 Page 11 of 11 PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________. 15