HomeMy WebLinkAbout05-21-12 Minutes, City Commission �;e?
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 21, 2012
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, May 21, 2012. Present were Mayor Sean Becker, Commissioner Cyndy
Andrus, Commissioner Jeff Krauss, Commissioner Chris Mehl, City Manager Chris Kukulski,
City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel.
0:00:14 A. Call to Order- 5 p.m. - Commission Room, City Hall, 121 North
Rouse
0:00:15 B. Policy/Work Session Discussion
0:00:16 1. Budget Discussion -Enterprise Funds (Rosenberry)
0:00:16 Anna Rosenberry, Finance Director
Ms. Rosenberry began the presentation on this item.
0:11:40 The Commission began questions and discussion during the presentation.
0:28:37 2. Development of Legislative Agenda for 2013 (Comm is sion/Kukuls ki)
0:28:46 Chris Kukulski, City Manager
Mr. Kukulski began the discussion on this item.
1:01:49 Public Comment on policy work session
Mayor Becker opened public comment on the policy work session. Seeing none, Mayor Becker
closed public comment.
1:02:15 C. Call to Order- 6 p.m.
1:02:19 D. Pledge of Allegiance and a Moment of Silence
1:03:00 E. Changes to the Agenda
Mayor Becker asked the City Manager if there were any changes to the agenda. Mr. Kukulski
stated he was not aware of any changes to the agenda.
1:03:19 F. Authorize Absence of Commissioner Taylor
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1:03:20 Motion and Vote to authorize the absence of Commissioner Taylor.
It was moved by Cr. Mehl, seconded by Cr. Krauss to authorize the absence of
Commissioner Taylor.
Those voting Ave being Crs. Mehl, Krauss,Andrus and Mayor Becker.
Those votinE No being none.
The motion passed 4-0.
1:04:00 G. Public Service Announcements
1:04:01 1. City Hall Offices Closed Monday, May 28
Aimee Kissel, Deputy City Clerk announced that city hall offices will be closed Monday, May
28th.
1:04:06 2. Compost Bin Sales (Meyer)
Natalie Meyer, Climate Coordinator provided information regarding the sale of compost bins at
cost to the public.
1:05:22 H. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Accept the Building Division Monthly Report for May, 2012 (Risk)
3. Approve Findings of Fact and Order for Spring Creek Resort LLC for
Preliminary Plat Review of an amendment to Minor Subdivision No.
295, Lot 4, Application No. P-12002 (Saunders)
4. Approve City Manager's Re-appointment of Jim Drummond to the
Police Commission (Kissel)
1:05:24 Public comment on consent
Mayor Becker opened public comment on consent. Seeing the public comment to be offered was
not a consent item, Mayor Becker referred the speaker to the correct portion of the agenda and
closed public comment.
1:06:16 Motion and Vote to approve consent items H. 1-4 as submitted.
It was moved by Cr. Krauss_,seconded by Cr. Andrus to approve consent items H. 1-4 as
submitted.
Those voting Ave being Crs. Krauss,Andrus, Mehl and Mayor Becker.
Those voting No_beine none.
The motion passed 4-0.
1:06:47 I. Public Comment
Mayor Becker opened general public comment.
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1:06:58 Martin Johnson,Public Comment
Mr. Johnson of 416 South 6th Avenue thanked the Commission and Public Service Director,
Debbie Arkell for taking action on his request four weeks prior to expand the Cooper Park speed
zone.
1:07:41 Anders Lewendal, Public Comment
Mr. Lewendal of 711 North Black Avenue commented regarding the Community Affordable
Housing Plan stating that in general he feels it is well done. He does however have additional
comments regarding inclusionary zoning within the Community Affordable Housing Plan. He
explained why he would ask the Commission to send the plan back and remove the potential for
inclusionary zoning.
1:07:44 Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
1:09:23 J. Action Items
1:09:24 1. Accessory Garage Preliminary Site Plan with Conditional Use Permit
and Certificate of Appropriateness with Deviation at 619 South Willson Avenue, for Strong
Application No. Z-12031 (Quasi-Judicial) (Kramer)
1:10:27 Courtney Kramer, Historic Preservation Officer
Ms. Kramer provided the staff presentation on this item.
1:16:29 The Commission began questions for staff.
1:30:09 Elaine Hawk,Applicant
Ms. Hawk provided the applicant presentation on this item.
1:40:47 The Commission began questions for the applicant.
1:46:38 Public Comment
Mayor Becker opened public comment.
1:46:49 Steve Sennewald,Public Comment
Mr. Sennewald of 613 South Grand began by commending the owners and the planning
department on their efforts to mitigate negative impacts and communicate with neighbors
through this process. Mr. Sennewald does not want a machine shop to be located in a historic
district because of the noise generated by machinery and also because of the size of the proposal.
1:49:06 Bob Rydell,Public Comment
Mr. Rydell of 622 South Grand Avenue thanked the Strong's and the planning department for
communicating with the neighborhood as he is the neighbor directly to the west of them. Mr.
Rydell would offer that his conditional approval of the project is tied to the knowledge of the
Strong's and not in relation to setting precedence.
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1:51:3 8 Elaine Hawk,Applicant
Ms. Hawk responded to the comment regarding being within the residential neighborhood of the
Bon Ton Historic District.
1:52:05 Public Comment Closed
Mayor Becker closed public comment.
1:53:31 Motion discussion and vote.
1:53:39 Mayor Sean Becker
Mayor Becker disclosed that his home is within the area of the map provided for this application
and also disclosed he had been approached on two occasions by the public on this matter. He
informed them that this is a quasi-judicial hearing so he was not able to discuss the matter at that
time.
1:54:23 Cr. Andrus continued discussion on this item.
1:55:49 Cr. Mehl continued discussion on this item.
1:58:07 Cr. Krauss continued discussion on the application.
2:03:08 Mayor Becker continued discussion on this application.
2:10: 11 Motion that that having reviewed the application materials, considered public
comment and the information presented, I hereby adopt the findings in the staff report for
application Z-12031 and move to approve the site plan with conditional use permit and
certificate of appropriateness with deviation at 619 South Willson with conditions and
subiect to applicable code provisions.
It was moved by Cr. Andrus, seconded by Cr. Mehl that having reviewed the application
materials, considered public comment and the information presented, I hereby adopt the
findings in the staff report for application Z-12031 and move to approve the site plan with
conditional use permit and certificate of appropriateness with deviation at 619 South
Willson with conditions and subiect to applicable code provisions.
2:11:29 Discussion on the motion.
2:12:32 Cr. Mehl clarified that the motion does include the conditional use permit and certificate
of appropriateness.
2:13:32 Cr. Mehl made a friendly amendment to add 'exclu_din2 holidays' to condtion 96
and to add to condition#7 'single resident business owner'. Cr. Andrus approved the
friendly amendment.(Audio was briefly lost.)
2:13:56 Cr. Krauss continued discussion on the motion.
2:14:36 Vote on the motion that having reviewed the application materials, considered
public comment and the information presented, I hereby adopt the findings in the staff
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report for application Z-12031 and move to approve the site plan with conditional use
permit and certificate of appropriateness with deviation at 619 South Willson with
conditions and subject to applicable code Provisions with a friend! amendment to add to
condition #6, 'excluding holidays' and to add to condition#7 'single resident business
owner'.
Those voting Aye being Crs. Andrus,Mehl, Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
2:15:36 2. Adoption of Affordable Housing Action Plan: 2012 - 2016 (Phase 2 of
Affordable Housing Needs Assessment) (McHarg)
2:15:40 Tim McHarg, Director of Planning and Community Development
Mr. McHarg provided the staff presentation on this item.
2:19:25 Peter Werwath, Consultant
Mr. Werwath provided a brief overview of the plan.
2:49:03 The Commission began questions for staff and the applicant on this item.
3:20:59 Public Comment
Mayor Becker opened public comment on this item.
3:21:18 Brian Popiel,Public Comment
Mr. Popiel said he was representing SWMBIA (South West Montana Building Industry
Association). He began by thanking staff and the consultant for the report saying that generally
speaking they are supportive of it. He encouraged the City to look at the low hanging fruit on this
plan. It is expensive to build a house or rental unit and anything the city can do to reduce expense
and time on the development end is very helpful.
3:23:04 Public Comment closed
Seeing no further public comment on this item, Mayor Becker closed public comment.
3:23:25 Motion to adopt the affordable housing action plan.
It was moved by Cr. Mehl, seconded by Cr. Krauss to adopt the affordable housing action
plan.
3:23:43 The Commission began discussion on the motion.
3:3 8:55 Mayor Becker
Mayor Becker said that if he could make motions he would add that an evaluation criteria be
added for rentals.
3:46:00 Amendment to the motion that appendix b include rental calculations in the
evaluation criteria.
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It was moved by Cr. Mehl, seconded by Cr. Krauss to amend the main motion that
appendix b include rental calculations in the evaluation criteria.
3.46:17 Vote on the amendment to the main motion that appendix B include rental
calculations in the evaluation criteria.
Those voting Ave being Crs. Mehl, Krauss, Andrus and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
3:46:54 Cr. Mehl continued discussion on the motion.
3:52:11 Cr. Krauss continued discussion on the motion.
3:54:49 Vote on the motion to adopt the affordable housing action plan with the
amendment that appendix b include rental calculations in the evaluation criteria.
Those voting Ave being Crs. Mehl, Andrus and Mayor Becker.
Those voting No being Cr. Krauss.
The motion passed 3-1.
3:55:05 Break
Mayor Becker called for a break.
3:55:18 3. Annexation and Variance request from Leep Dairy LLC for 5170
Durston Road,Application No. A-12001 (Quasi-Judicial) (Riley)
3:55:29 Doug Riley, Department of Planning and Community Development
Mr. Riley began the staff presentation on this item.
4:01:40 The Commission began questions for staff.
4:02:44 Chris Budeski,Applicant
Mr. Budeski provided the applicant presentation on this item. He also said they are requesting a
change from a 60 day annexation requirement submittal to a 6 month annexation submittal
requirement.
4:06:05 Doug Riley
Mr. Riley provided information on the applicants request.
4:07:28 Public Comment
Mayor Becker opened public comment on this item.
4:07:47 Deb Staber, Public Comment
Ms. Stober of 395 Valley Drive asked the planning department several questions. The first was
regarding the map and the second was asking whether is is advisable to add Valley Drive to the
no protest area. She also asked about the extension request as it relates to the Christenot
Annexation.
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4:09:31 Jerry Pape,Public Comment
Mr. Pape of 15 North 25th, said he was speaking on behalf of several people including Mr. Leep,
the engineer and himself. He began by characterizing why they submitted this application and
also explained why they need the requested time extension.
4:13:40 Jerry Pape on heltalf o Mr. Leep, Public Comment
Mr. Pape read a letter on behalf of applicant Mr. Shane Leep which explained why they would
like this application approved.
4:16:27 Carolyn Powell,Public Comment
Ms. Powell of 315 North Valley Drive is not opposed to annexation but is opposed to the
proposed zoning density and explained why she feels that way.
4:17:58 Public comment closed
Seeing no further public comment, Mayor Becker closed public comment.
4:18:17 Doug Riley
Mr. Riley answered questions posed during public comment.
4:20:05 Motion and Vote that based upon the analysis and findings in the staff report, I
move to grant a variance to Section 38.23.180 BMC, that provisions for water rights or
cash in-Iieu of water ri hts shall be provided upon further development or subdivision of
the property.
It was moved by Cr. Krauss, seconded by Cr. Andrus that based upon the analysis and
findings in the staff report, I move to grant a variance to Section 38 23 180 BMC, that
provisions for water rights or cash in-lieu of water rights shall be provided upon further
development or subdivision of the property.
4:20:58 Discussion on the motion.
4:21:38 Vote on the motion that based upon the analysis and findings in the staff report, I
move to grant a variance to Section 38.23.180 BMC that Provisions for water rights or
cash in-lieu of water rights shall be provided upon further development or subdivision of
the property.
Those votin A e being Crs. Krauss Andrus Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
4:21:58 Motion that based upon the analysis and findings in the staff report, I move to
approve Annexation A-12001,with the 9 recommended terms of annexation listed on Pages
2-3 of the staff report, except for changing#5 to 180 days instead of 60 days and direct staff
to prepare an annexation agreement for signature by the parties.
It was moved by Cr. Krauss, seconded by Cr. Andrus that based upon the analysis and
findings in the staff report, I move to approve Annexation A-12001,with the 9
recommended terms of annexation listed on Pages 2-3 of the staff report, except for
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changing#5 to 180 days instead of 60 days and direct staff to prepare an annexation
agreement for signatures by the parties.
4:22:32 Discussion on the motion.
4:23:11 Vote on the motion that based upon the analysis and findings in the staff report, I
move to approve Annexation A-12001,with the 9 recommended terms of annexation listed
on Pages 2-3 of the staff report, except for changing#5 to 180 days instead of 60 days and
direct staff to prepare an annexation agreement for signatures by the parties.
Those voting Aye being Crs. Krauss, Andrus, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
4:23:41 4. Zone Map Amendment for Leep Dairy LLC for 5170 Durston Road,
Application No. Z-12044 (Riley)
4:23:47 Doug Riley, Planning and Community Development
Mr. Riley provided the staff report on this item.
4:29:56 Motion and Vote to (suspend the rules of procedure) to extend the meeting for
another 15 minutes.
It was moved by Cr. Mehl, seconded by Cr. Krauss to (suspend the rules of procedure) to
extend the meeting for another 15 minutes.
_Those voting aye being Crs. Mehl, Krauss and Andrus.
Those voting No beine Ma or Becker.
The motion passed 3-1.
4:31:41 10:00 The Commission began questions for staff.
4,33-37 Chris Budeski,Applicant
Mr. Budeski provided the staff presentation on this item explaining why R-2 zoning is not
appropriate as it is single family homes and a duplex which would place single family homes
across from high density.
4:34:52 Cr. Andrus began questions for the applicant.
4:36:56 Public Comment
Mayor Becker opened public comment.
4:37:01 Jerry Pape,Public Comment
Mr. Pape of 15 North 25th Avenue explained further why R-3 zoning has been requested.
4:3 8:15 Greg Kindschi,Public Comment
Mr. Kindshci of 505 Valley Drive in the Smith Subdivision said he approves the annexation but
does not agree with the R-3 zoning proposal.
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4:39:02 Carolyn Powell, Public Comment
Ms. Powell of 315 North Valley Drive spoke against the proposed zoning as she would like to
see single family housing there and is wondering what will happen to Valley Drive,
4:41:45 Deb Stober,Public Comment
Ms. Stober of 395 Valley Drive provided a letter of protest on the R-3 designation and further
spoke in opposition to the R-3 zoning designation requested.
4:44:16 Public comment closed
Seeing no further public comment, Mayor Becker closed public comment.
4:44:21 Motion, discussion and vote.
4:44:22 Motion that based upon the analysis and findings in the staff report and after
consideration of public comment. I move to approve the zone map amendment request of
R-3 for Application Z-12044 with the 4 recommended contingencies listed on Page 2 of the
staff report, and direct staff to prepare an ordinance for the may amendment.
It was moved by Cr. Andrus, seconded by Cr. Mehl that based upon the analysis and
findings in the staff report and after consideration of public comment, I move to approve
the zone map amendment request of R-3 for Application Z-12044 with the 4 recommended
contingencies listed on Page 2 of the staff report, and direct staff to prepare an ordinance
for the map amendment.
4:44:26 Cr. Andrus began discussion on the motion.
4:46:10 Cr. Krauss continued discussion on the motion.
4:47:14 Mayor Becker (suspended the rules of procedure) extending the meeting for ten
minutes.
4:49:45 Cr. Mehl continued discussion on the motion.
4:51:06 Mayor Becker continued discussion on the motion.
4:52:34 Vote that based upon the analysis and findings in the staff report and after
consideration of public comment, I move to approve the zone may amendment request of
R-3 for Application Z-12044 with the 4 recommended contingencies listed on Page 2 of the
staff report, and direct staff to prepare an ordinance for the map amendment.
Those voting Ave being Crs. Andrus, Mehl, Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
4:53:05 K. FYI/Discussion
4:53:05 1. No City Commission meeting next Monday.
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Bozeman City Commission Minutes, May 21, 2012
4:53:16 L. Adjournment
Mayor Becker adjourned the meeting at 10:21 p.m.
$p�'' Sean A. Becker, Mayor
ATTEST: . ' "
Sta y F11, CN Ci ' z
e
PREPARED BY:
2" I�d
Aimde Kissel, Deputy City Clerk
Approved on Zp 12—
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