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HomeMy WebLinkAbout05-14-12 Minutes, City Commission is Z Y, 't?�'N MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 14, 2012 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 wordfor 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. TayIor to authorize the absence of Cr. Mehl Those voting Aye_being Crs.Andrus, Taylor, Deputy Mayor Krauss and Mayor Becker. Those votin2 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 forthe 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) Minutes of the Bozeman City Commission,May 14,2012 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. Page 2 of 9 Minutes of the Bozeman City Commission,May 14,2012 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 #2- 12043 and approve the conditional use permit and certificate of aPDropriatcness 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 Ave 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. Page 3 of 9 Minutes of the Bozeman City Commission,May 14,2012 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 continent. 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 Crcekwood 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 Crcekwood Planned Unit Development to revise requirements for the provision of affordable housing and include the additional lots as requested, lot No. 32 subicet 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, Iot 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. Page 4 of 9 Minutes of the Bozeman City Commission,May 14,2012 Those voting Aye being Crs. Andrus, Taylor, Dcputy Mayor Krauss and Mavor Becker. Those voting No being none. The motion passed 4-0. 0:29:35 3. Stoneridge Planned Unit Development Phases 1, 2A and 213, 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 213, Conditional Use Permit Application No. Z-I2066,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. Page 5 of 9 Minutes of the Bozeman City Commission,May 14,2012 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 votine Ave beins Deputy Mayor Krauss, Cr. Taylor and Major Becker. Those votine No beine Cr. Andrus. Page 6 of 9 Minutes of the Bozeman City Commission,May 14,1012 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 Ave 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. Page 7 of 9 Minutes of the Bozeman City Commission,May 14,2012 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 6t" 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. Page 8 of 9 Minutes of the Bozeman City Commission,May 14,2012 Sean Becker, Mayor ATTE ozz S -,�MC,,Gity Clerk PPEP•Alw'l'3Y' . Ulm n, CMC, City Clerk Approved on A I ., O J-77 Page 9 of 9