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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 14, 2012
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The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
May 14, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner
Cyndy Andrus, 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.
0:00:03 A. Call to Order – 6:00 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Becker called the meeting to order.
0:00:04 B. Pledge of Allegiance and a Moment of Silence
0:00:37 C. Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda. Mr.
Kukulski stated that there were no changes.
0:01:03 D. Authorize Absence of Cr. Mehl
0:01:05 Motion and Vote to authorize the absence of Cr. Mehl.
It was moved by Cr. Andrus, seconded by Cr. Taylor to authorize the absence of Cr. Mehl.
Those voting Aye being Crs. Andrus, Taylor, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:01:17 E. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign Bid Award to Engine 8 Design for logo development in
collaboration with Bozeman Climate Partners’ Communications Working Group (Meyer)
3. Approve applicant’s request of an extension for the execution of the Christenot
Annexation Agreement for an additional 6 months or to coincide with the required
execution date of the pending adjacent Leep Annexation (Riley)
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4. Approve and Authorize City Manager to sign Irrevocable Offer of Dedication for
Resurrection Parish Catholic Church Conditional Use Permit No.Z-10356 (Thorpe)
5. Approve Resolution No. 4378, authorizing City Manager to sign Change Order No. 3 for
the Hyalite/Sourdough Water Treatment Plant Membrane Equipment Procurement
Project (Murray)
6. Approve Resolution No. 4379, authorizing City Manager to sign Change Order No. 1 for
the Hyalite/Sourdough Water Treatment Plant Replacement Project (Murray)
7. Approve Cancelling the City Commission meeting on May 28th (Ulmen)
0:01:21 Public Comment
Mayor Becker opened public comment on the Consent agenda.
No person commented.
Mayor Becker closed public comment.
0:01:32 Motion and Vote to approve Consent Items 1-7 as submitted.
It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to approve Consent Items
1-7 as submitted.
Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Cr. Andrus and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:01:47 F. Public Comment
Mayor Becker opened public comment.
0:02:20 Chris Wilcox, Public Comment
Mr. Wilcox of 1107 East Main spoke regarding the budget.
0:04:10 Public comment closed
Mayor Becker closed public comment.
0:04:20 G. Action Items
0:04:24 1. Auto Stop Conditional Use Permit and Certificate of Appropriateness,
Application No. Z-12043, located at 1401 East Main Street (Quasi Judicial) (Krueger)
0:04:43 Tim McHarg, Planning Director
Mr. McHarg gave the staff presentation regarding the Auto Stop Conditional Use Permit and
Certificate of Appropriateness, Application No. Z-12043, located at 1401 East Main Street.
0:08:46 Kirk Michels, Architect
Mr. Michels stated that he is the Architect for the project. He feels that this will be a great
improvement to the existing facility.
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0:09:16 Questions for Applicant
The Commissioners and applicant spoke regarding the conditions.
0:09:30 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:09:41 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 #Z-12043 and approve the conditional use permit and
certificate of appropriateness with conditions and subject to all applicable code provisions.
It was moved by Deputy Mayor Krauss, seconded by Cr. Andrus 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 #Z-
12043 and approve the conditional use permit and certificate of appropriateness with
conditions and subject to all applicable code provisions.
0:10:12 Commission Discussion
The Commission spoke regarding their appreciation of the improvements.
0:10:52 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 #Z-12043 and approve the conditional
use permit and certificate of appropriateness with conditions and subject to all applicable
code provisions.
Those voting Aye being Deputy Mayor Krauss, Crs. Andrus, Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:11:02 2. Creekwood Planned Unit Development (adjacent to Bridger Canyon Drive)
Conditional Use permit, Application No. Z-05085A, to amend affordable housing
provisions to lower price threshold and remove the deed restriction requirement (Quasi
Judicial) (Saunders)
0:11:29 Tim McHarg, Planning Director
Mr. McHarg gave the staff presentation for the Creekwood Planned Unit Development (adjacent
to Bridger Canyon Drive) Conditional Use permit, Application No. Z-05085A, to amend
affordable housing provisions to lower price threshold and remove the deed restriction
requirement.
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0:15:36 Commission questions
The Commission spoke regarding the deed restriction and the noticing for the project.
0:21:02 Amy Grant, Applicant
Ms. Grant stated that she is the realtor for the project. The applicant agrees with conditions.
0:21:53 Public Comment
Mayor Becker opened public comment.
0:22:00 Mary Permisco, Public Comment
Ms. Permisco of Walker Road in Bozeman spoke on behalf of her son. She agrees with the
conditions and they are asking that her son's lot No. 32 be included in this project.
0:23:35 Public Comment closed
Mayor Becker closed public comment.
0:23:56 Mr. McHarg
Mr. McHarg spoke regarding the deed restriction.
0:25:08 Motion to move to approve application Z-05085A, A Conditional Use Permit to
amend the conditions of approval for the Creekwood Planned Unit Development to revise
requirements for the provision of affordable housing and include the additional lots as
requested, lot No. 32 subject to landowner consent (and staff will look at deed restriction)
in conjunction with the development of the Creekwood subdivision with the conditions and
code requirements as recommended by Staff which is Option No. 3.
It was moved by Cr. Andrus, Cr. Taylor to move to approve application Z-05085A, A
Conditional Use Permit to amend the conditions of approval for the Creekwood Planned
Unit Development to revise requirements for the provision of affordable housing and
include the additional lots as requested, lot No. 32 subject to landowner consent (and staff
will look at deed restriction) in conjunction with the development of the Creekwood
subdivision with the conditions and code requirements as recommended by Staff which is
Option No. 3.
0:25:51 Commission discussion on the Motion
0:29:19 Vote on the Motion to approve application Z-05085A, A Conditional Use Permit to
amend the conditions of approval for the Creekwood Planned Unit Development to revise
requirements for the provision of affordable housing and include the additional lots as
requested, lot No. 32 subject to landowner consent (and staff will look at deed restriction)
in conjunction with the development of the Creekwood subdivision with the conditions and
code requirements as recommended by Staff which is Option No. 3.
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Those voting Aye being Crs. Andrus, Taylor, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:29:35 3. Stoneridge Planned Unit Development Phases 1, 2A and 2B, Conditional Use
Permit Application No. Z-12066,to amend the allowed uses within the Residential Office
district to include health and exercise facilities as a principal use (Quasi Judicial)
(Saunders)
0:30:09 Tim McHarg, Planning Director
Mr. McHarg gave the staff presentation regarding the Stoneridge Planned Unit Development
Phases 1, 2A and 2B, Conditional Use Permit Application No. Z-12066,to amend the allowed
uses within the Residential Office district to include health and exercise facilities as a principal
use.
0:33:58 Commission Questions for staff
The Commission and staff spoke regarding the need for clarification of uses in the zoning area
and the development guidelines.
0:39:59 Mark Chandler, Applicant
Mr. Chandler gave the applicant presentation including the amenities of the business.
0:48:46 Commission Questions for Applicant
The Commission and Applicant discussed the use and intent of a fitness facility in the zoning
area, the present location and how the building is situated.
0:55:44 Public Comment
Mayor Becker opened public comment.
0:55:52 Bill O'Connor, Public Comment
Mr. O'Connor of 1108 Mountain Ash stated that he has seen them overdevelop the Stoneridge
site. He resents having a 24 hour business back on to his property. In his opinion, there does not
seem to be a consistent plan for this development.
0:59:10 Wolf, Public Comment
Wolf of Rifle road spoke regarding the exemptions in the project.
1:02:08 Public comment closed
Mayor Becker closed public comment.
1:02:22 Applicant rebuttal to public comment
1:06:00 Questions for Applicant
The Commission and applicant spoke regarding lighting in the parking lot, parking, and
restrictions of hours of operations.
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1:08:00 Motion to approve application Z-05085A, Z-12066, A Conditional Use Permit to
amend the allowed uses within the Residential Office district to include health and exercise
facilities as a principal use within phases 1, 2A and 2B of the Stoneridge Planned Unit
Development with the code requirements as recommended by Staff.
It was moved by Cr. Taylor seconded by Cr. Andrus to approve application Z-05085A, Z-
12066, A Conditional Use Permit to amend the allowed uses within the Residential Office
district to include health and exercise facilities as a principal use within phases 1, 2A and
2B of the Stoneridge Planned Unit Development with the code requirements as
recommended by Staff.
1:08:36 Commission discussion on the motion
The Commission discussed expectations, the zoning of the area, discussion of the development
itself and the zoning along with the intent.
1:22:30 Public Comment re-opened
Mayor Becker re-opened public comment.
1:22:40 Bill O'Conner, Public Comment
Mr. O'Conner spoke regarding his concern of the lack of fore thought of the Stonderidge
development as a whole.
1:24:51 Wolf, Public Comment
Wolf stated that the Commission should revisit parking on the street.
1:26:51 Public Comment closed
Mayor Becker closed public comment.
1:27:13 Applicant rebuttal
The applicant emphasized that there is no justification in regards to why the use of a fitness
center is not allowed.
1:29:52 Amendment to the Main Motion to replace principal use with conditional use.
It was moved by Deputy Mayor Krauss, seconded by Cr. Andrus to replace principal use
with conditional use.
1:30:22 Commission Discussion on the Amendment
The Commission spoke regarding the reason for a Planned Unit Development and waiving fees.
1:35:05 Vote on the Amendment to the Main Motion replace principal use with conditional
use.
Those voting Aye being Deputy Mayor Krauss, Cr. Taylor and Mayor Becker.
Those voting No being Cr. Andrus.
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The motion passed 3-1.
1:35:22 Vote on the Main Motion as amended to approve application Z-05085A, Z-12066, A
Conditional Use Permit to amend the allowed uses within the Residential Office district to
include health and exercise facilities as a conditional (amended) use within phases 1, 2A
and 2B of the Stoneridge Planned Unit Development with the code requirements as
recommended by Staff.
Those voting Aye being Crs. Taylor, Andrus, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
1:35:51 Break
Mayor Becker called for a break.
1:35:59 H. Policy Discussion
1:36:01 1. Budget Work Session - Special Revenue Funds (Rosenberry)
1:36:03 Anna Rosenberry, City Finance Director
Ms. Rosenberry began the staff presentation regarding the Budget Work Session for the Special
Revenue Funds. She highlighted revenue projections.
1:40:54 Commission discussion
The Commission discussed the need to see how objectives are achieved, return on investment,
the limit requirement of City reserves, departmental coordination with Building, Engineering and
Planning, over the counter permitting and software.
1:57:21 Budget presentation continued
Ms. Rosenberry continued the budget presentation highlighting the Building and Planning funds.
2:01:47 Commission discussion
The Commission discussed application fees, the costs associated with staffing Citizen Advisory
Boards, compilation of Advisory Boards and streamlining processes.
2:22:26 Budget presentation continued
Ms. Rosenberry spoke regarding the storm water utility, the street maintenance fund, and
increases in fees.
2:32:13 Commission discussion
The Commission discussed the storm water utility, the methodology of the costs, capitalizing
costs and the need for a rational nexus.
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2:38:25 Deputy Mayor Krauss recused
Deputy Mayor Krauss recused himself from the next conversation and disclosed that he has a
family worker in the tree maintenance fund.
2:39:49 Presentation continued
Ms. Rosenberry continued the staff presentation highlighting the Forestry division and the
Community Housing Fund.
2:52:32 Public Comment
Mayor Becker opened public comment.
2:52:50 Wolf, Public comment
Wolf of Rifle Road spoke regarding information and technology, customer service and the need
to look at the future.
2:54:54 Chris Wilcox, Public Comment
Mr. Wilcox commented on the road to home program and added that a home is something you
work for. He feels it is a failed policy.
2:57:23 Public Comment closed
Mayor Becker closed public comment.
2:57:23 Ms. Rosenberry
Ms. Rosenberry concluded the presentation highlighting the budget process.
2:59:34 I. FYI/Discussion
1. Thursday meeting at Cooper Park to discuss 6th Street
2. City Manager thank you for meeting area City Managers
3. 5 p.m. start time is good to go for next week.
4. Request for Qualifications for Carnegie Lot
A request was made to add the reconsideration of the Carnegie Lot RFQ to a future agenda. City
Economic Development Coordinator Brit Fontenot stated that the RFQ review committee is
meeting on May 23rd. The group will determine who will be interviewed. Fontenot and Cr.
Andrus will communicate the Commission’s concerns to the committee.
5. Open house regarding College reconstruction at 6:30 p.m. at the Bozeman high
school cafeteria.
3:21:03 J. Adjournment
Mayor Becker adjourned the meeting at 9:40 p.m.
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____________________________________
Sean Becker, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________
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