The URL can be used to link to this page

Home My WebLink About03-05-12 Minutes, City Commission CL co, MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 5,2012 The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, March 5, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Finance Director Anna Rosenberry, City Attorney Greg Sullivan, and City Clerk Stacy Ulmen. *These minutes are not word for word and should be considered along with the audio recording. 0:00.02 A. Call to Order—6 p.m. —Commission Room, City Hall, 121 North Rouse Mayor Becker called the meeting to order at 6 p.m. 0:00:08 B. Pledge of Allegiance and a Moment of Silence 0:00:40 C. Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated no. 0:00:46 D. Minutes —January 23, 2012 0:00:49 Motion and Vote to approve the minutes from January 23rd as submitted. It was moved by Cr. Taylor, seconded by Cr. Andrus to approve the minutes from January 23rd as submitted. Those voting Ave beine Crs. Taylor, Andrus Deputy Mayor Krauss Cr. Mehl and Mayo Becker. Those voting No beine none. The motion passed 5-0. Page 1 of 8 Minutes of the Bozeman City Commission Meeting,March 5,2012 0:01:04 E. Consent 1. Authorize Payment of Accounts Payable Claims(LaMeres) 2. Authorize City Manager to sign grant submittal to the U.S. Department of Health and Human Services and other related documents for the purchase of Defibrillators (Stocks) 3. Authorize City Manager to sign Gallatin County Mutual Aid Agreement dated December 7, 2011 (Shrauger) 4. Approve the Mayor's signature on a Certified Local Government Grant Application to the Montana State Historic Preservation Office (Kramer) 5. Approve Cancelling the Commission meeting on March 12,2012 (Ulmen) 6. Approve Resolution No.4369, Ratifying City Manager's signature on Change Order No. 1 for the Bozeman Water Reclamation Facility Administration and Lab Building (Murray) 7. Approve Reclaiming Jurisdiction of the Montana Aleworks Conditional Use Permit Application No.Z-12017 (Bristor) S. Approve Reclaiming Jurisdiction of the Bridger Industrial Park Zoning Variance Application No. C-12001 (Krueger) 0:01:13 Public Comment Mayor Becker opened public comment on the Consent agenda. No person commented. Mayor Becker closed public comment. 0:01:27 Motion and Vote to approve Consent Items E.1-8 as submitted. It was moved by Cr. Andrus, seconded Deputy Mayor Krauss to approve Consent Items 1- 8 as submitted. Those voting Aye being Cr. Andrus, Deputy Mayor Krauss, Crs. Mehl, Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:01:44 F. Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 0:02:20 G. Special Presentation—Bozeman City Hall LEED Silver Certification (Kath Williams, Kath Williams and Associates) Ms. Williams presented the City with the Leadership in Energy and Environmental Design (LEED) Silver Certification for the renovation of the City Hall building at 121 North Rouse. She presented a glass plaque to Mayor Becker and Deputy Mayor Krauss to be installed in the building. Page 2 of 8 Minutes of the Bozeman City Commission Meeting,March 5,2012 0:07:19 H. Action Items 0:07:24 1. Resolution No, 4368, Intention to create Special Improvement District No. 713 for South 8th Avenue reconstruction and improvements (Arkell) 0:07:48 Chris Kukulski, City Manager Mr. Kukulski gave the staff presentation regarding Resolution No. 4368, Intention to create Special Improvement District No. 713 for South 8th Avenue reconstruction and improvements. 0:18:35 Questions for Staff The Commission and Staff spoke regarding going to a bond issue and costs pertaining, methods of financing, ordering in sidewalks, administrative costs to administer the SID, the bidding process and SID proportions, true costs, protests, other streets where SIDs have occurred and property owner paybacks. 0:39:50 Public Comment Mayor Becker opened public comment. 0:40:09 Un-named,Public Comment The speaker failed to give her name but spoke regarding the payback timeframe and how the costs are transferred when a property sells. City Finance Director Anna Rosenberry stated that the costs stay with the land. 0:41:11 Chuck Paden,Public Comment Mr. Paden of 153 South 8th wonders if this is a new tax policy? The way the tax is structured does not match replacing sidewalks in front of our homes. The proposed costs have jumped 71% and he wants to know why. He urged enforcing the existing sidewalk codes. 0:45:44 Janis Bullock,Public Comment Ms. Bullock stated that she is a property owner on South 8th Avenue and she does not support the SID. The cost of the SID is likely to be passed on to renters. The proposal has the opposite effect. 0:49:15 Public Comment closed Mayor Becker closed public comment. 0:49:22 Questions for Staff The Commission and Staff spoke regarding the amount of people that use the street, the overall street assessment, estimated costs for the entire project, those that benefit and adjacent neighborhood streets. Page 3 of 8 Minutes of the Bozeman City Commission Meeting,March 5,2012 1:06:30 Motion to approve Resolution No. 4368, a Resolution of intent to create Special Improvement District No. 713 for the purpose of financing the identified improvements associated with the reconstruction of South 8th Avenue and its sidewalks, curbs and gutters. It was moved by Deputy Mayor Krauss , seconded by Cr. Mehl to approve Resolution No. 4368, a Resolution of intent to create Special Improvement District No. 713 for the purpose of financing the identified improvements associated with the reconstruction of South 8th Avenue and its sidewalks, curbs and gutters. 1:07:47 Commission discussion on the Motion The Commission spoke regarding the core areas of the City, benefits to the neighborhood, the need to balance this out and what it means for other streets, deferred maintenance and fairness. 1:23:55 Vote on the Motion to approve Resolution No. 4368, a Resolution of intent to create Special Improvement District No. 713 for the purpose of financing the identified improvements associated with the reconstruction of South 8th Avenue and its sidewalks, curbs and gutters. Those voting Ave being Deputy Mayor Krauss, Crs. Mehl, Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 1:24:22 2. Kleindl Duchin Sketch Plan Certificate of Appropriateness with Deviation, Application No. Z12006 (Quasi Judicial) (Kramer) 1:24:51 Courtney Kramer , Associate Planner Ms. Kramer gave the staff presentation regarding the Kleindl Duchin Sketch Plan Certificate of Appropriateness with Deviation, Application No. Z12006. 1:28:45 Questions for staff The Commission and staff spoke regarding the historic district and housing additions criteria within the district. 1:31:14 Public Comment Mayor Becker opened public comment. Page 4 of 8 Minutes of the Bozeman City Commission Meeting,March 5,2012 1:31:24 Catherine Courtenaye, Public Comment Ms. Courtenaye of 311 South 8th stated that she is 2 houses down from this project. She supports the project. 1:32:10 Public Comment closed Mayor Becker closed public comment. 1:32:13 Motion to approve application Z-12006 as described in the staff report and subject to the conditions therein, based on a finding of compliance with all applicable criteria. It was moved by Cr. Mehl seconded Cr. Taylor to approve application Z-12006 as described in the staff report and subject to the conditions therein, based on a finding of compliance with all applicable criteria. 1:32:32 Discussion on the Motion The Commission spoke regarding the support of the project. 1:35:58 Vote on the Motion to approve application Z-12006 as described in the staff report and subject to the conditions therein, based on a finding of compliance with all applicable criteria. Those voting Ave being Crs._Mehl, Taylor,Andrus, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 1:36:10 Break Mayor Becker declared a break. 1:53:20 Meeting called back to order Mayor Becker called the meeting back to order. 1:53:23 3. Policy direction for Updating the Transportation.Impact Fees (Saunders) 1:53:35 Chris Saunders, Assistant Planning Director Mr. Saunders gave the staff report Policy direction for updating the Transportation Impact Fees. The Commission is being asked to provide direction to the Staff and Consultants on the questions below to allow moving forward with the transportation impact fee update. Recommendations for each of the four subjects are included with each subject. Page 5 of 8 Minutes of the Bozeman City Commission Meeting,March 5,2012 1:58:42 General Methodology The Commission and Staff spoke regarding the General Methodology. Staff is recommending the Incremental Approach. This approach is similar to the presently used methodology in that it focuses on identifying an amount of additional capacity need per unit of new development. The majority of the Commission supported this approach. 2:21:13 System Improvements Mr. Saunders spoke regarding the System Improvement options including whether to include: A) All the existing major street network,meaning arterials and collectors, as is currently done, or 13) If there are sections which the Commission would like removed, such as state highways. Staff recommends option A. The majority of the Commission supported Option A but would like the scope of the contribution from state highways clearly distinguished.. 2:53:28 Funding Mix Mr. Saunders spoke regarding the funding mix options including the policy alternatives are follows: A) Dedicate urban funds solely to repair and maintenance or other non-impact fee funding eligible expenses, or B) Dedicate some defined amount or percentage of urban funds to pay for capacity expansion and reduce impact fees. Staff recommends option A. A majority of the Commission agreed to dedicate 75% of the urban funds to repair and maintenance and 25% of the urban funds to capacity expansion. 3:05:56 Categories of uses Mr. Saunders spoke regarding the options for Categories of uses including: A) Base residential fees on square footage increment, or B) Base residential fees on a median size and cost. C)No longer use the income based cost differential to distinguish residential transportation impact fee categories. Staff recommends options A and C. A majority of the Commission agreed with Options A and C. 3:11:06 Non-Residential Uses Mr. Saunders spoke regarding non-residential uses and the Commission's policy alternatives as follows: A)Accept a consolidation of non-residential uses, or B) Retain the existing more detailed schedule. Staff recommends option A. The majority of the Commission supported Option A. 3:13:46 4. Provisional Adoption of Ordinance No. 1823, amending Section 2.06.1680 of the Bozeman Municipal Code to add a prohibition on refunds of impact fees paid based on the retroactive acquisition of impact fee credits (Saunders) 3:13:54 Chris Saunders, Assistant Planning Director Mr. Saunders gave the staff presentation regarding the Provisional Adoption of Ordinance No. 1823, amending Section 2.06.1680 of the Bozeman Municipal Code to add a prohibition on refunds of impact fees paid based on the retroactive acquisition of impact fee credits. Page 6 of 8 Minutes of the Bozeman City Commission Meeting,March 5,2012 3:15:44 Questions for Staff The Commission and Staff spoke regarding the time period that the city has had impact fees, problems with this being silent in the code, the amount this out for credit, honoring amounts and the Capital Improvements Program. 3:23:35 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 3:23:43 Motion to approve provisional adoption of Ordinance No. 1823, amending Section 2.06.1680 of the Bozeman Municipal Code to add a prohibition on refunds of impact fees based on the retroactive acquisition of impact fee credits. It was moved by Cr. Taylor, seconded by Cr. Andrus to approve provisional adoption of Ordinance No. 1823, amending Section 2.06.1680 of the Bozeman Municipal Code to add a prohibition on refunds of impact fees based on the retroactive acquisition of impact fee credits. 3:24:35 Discussion on the Motion " The Commission spoke regarding value and refunds. 3:26:32 Vote on the Motion to approve provisional adoption of Ordinance No. 1823, amending Section 2.06,1680 of the Bozeman Municipal Code to add a prohibition on refunds of impact fees based on the retroactive acquisition of impact fee credits. Those voting Ave beine Crs. Taylor, Andrus and Mayor Becker. Those voting No beinE Cr. Mehl and Deputy Mayor Krauss. The motion passed 3-2. 3:25:43 I. FYI/Discussion 1. No Commission Meeting on Monday, March 12, 2012 (Ulmen) 2. Pool Heater Update (Kukulski) Mr. Kukulski announced that the Swim Center is closed from March 12-April 1st. 3. Board of Adjustments A majority of the Commission agreed to having a discussion about the Board of Adjustments at a future meeting. 4. Summer schedules Mayor Becker asked that the Commission give the Clerk their summer schedules. 5. City Commission group photo in June Page 7 of 8 Minutes of the Bozeman City Commission Meeting,March 5,2012 6. Mayor Becker trip to Washington DC 3:35:531 Adjournment Mayor Becker adjourned the meeting at 9:36 p.m. Scan A Becker, Mayor ® BO ATTE,,S.`1°: VC. _._ St lixie' -"Clerk R tl n O • t� ' PREPARED BY: U *!Tmel CMC, City Clerk Approved on &—Y� I a, Z,O Page 8 of 8