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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 11, 2012
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The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
June 11, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner
Chris Mehl, Commissioner Cyndy Andrus, Commissioner Carson Taylor, City Manager Chris
Kukulski, Assistant City Manager Chuck Winn, City 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.
0:00:00 A. Call to Order – 4 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Becker called the meeting to order at 4 p.m.
0:00:04 B. Work Session Discussion – Fiscal Year 2013 Budget General Fund
(Rosenberry)
0:00:19 Anna Rosenberry, Finance Director
Ms. Rosenberry gave the staff presentation regarding the Fiscal Year 2013 Budget General Fund.
0:59:57 Public Comment
Mayor Becker opened public comment.
1:00:15 Ellen King Rogers, Public Comment
Ms. Rogers President of the Spay and Neuter Task force spoke regarding the benefit of the
Commission’s support to the program.
1:03:15 Jeff Rupp, Public Comment
Mr. Rupp whom is the President of the HRDC thanked the Commission for the mill levy for
Gallavan and Streamline. He spoke regarding the new Streamline schedule and the Road to
Home progress. He spoke regarding settlement dollars related to refinancing of banks.
1:07:52 Public Comment closed
Mayor Becker closed public comment.
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1:08:06 Mr. Kukulski
Mr. Kukulski continued the Budget presentation.
1:08:31 Commission questions and direction to Staff
The Commission and staff spoke regarding the battalion chiefs, Police savings and vacant
officer positions, a radio repeater and grant funding, capital items, the Planning department and
level of service, e-discovery software for claims and litigation management, Parks and
Improvement Grants, replacement of patrol cars, library books and the PA system, administrative
assistance help, the judgment, parking lot lights at the Professional Building, reductions in the
tax levy, staff considerations and the Bogert pool.
2:02:45 Break
Mayor Becker declared a break.
2:02:56 C. Call to Order Regular Session – 6 p.m. – Commission room
Mayor Becker called the meeting to order.
2:03:12 D. Pledge of Allegiance and a Moment of Silence
2:03:47 E. Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr.
Kukulski stated the approval of the Executive Session Minutes will need to be removed from
tonight's agenda.
2:04:05 F. Public Service Announcement – Gallatin Art Crossing 2012 (Tate
Chamberlin)
Mr. Chamberlin spoke regarding a kick start fundraiser that begins this Friday for the Gallatin
Art Crossing 2012.
G. Minutes – Executive Session Minutes of April 16, 2012
This item was removed from the agenda.
2:07:06 H. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Approve Resolution No. 4382, Supporting the Continued Funding of the Local
Government Center at Montana State University (Kissel)
2:07:15 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
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2:07:25 Motion and Vote to approve Consent items H. 1 and 2 as submitted.
It was moved by Cr. Mehl, seconded by Cr. Andrus to approve Consent items H. 1 and 2 as
submitted.
Those voting Aye being Crs. Mehl, Andrus, Deputy Mayor Krauss, Cr. Taylor and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
2:07:44 I. Public Comment
Mayor Becker opened public comment.
2:08:18 Don Murdock, Public Comment
Mr. Murdock of 91 Trails End Road spoke regarding of rezoning of property.
2:08:49 Bart Manion, Public Comment
Mr. Manion of 425 East Lincoln Street spoke regarding the Storm Water Utility Ordinance. He
commended the Commission for looking at this.
2:10:42 Public comment closed.
Mayor Becker closed public comment.
2:10:45 J. Action Items
2:10:50 1. Spring Creek Village Resort Lot 4 Zone Map Amendment Request of
Community Business (B-2) for 19.96 acres at the northwest intersection of Huffine Lane
and Resort Drive, Application Z-11002 (Saunders)
2:11:22 Chris Saunders, Assistant Planning Director
Mr. Saunders gave the staff presentation regarding the Spring Creek Village Resort Lot 4 Zone
Map Amendment Request of Community Business (B-2) for 19.96 acres at the northwest
intersection of Huffine Lane and Resort Drive, Application Z-11002.
2:14:37 Commission Questions for Staff
The Commission and staff spoke regarding the amended language on the final plat.
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2:17:46 Mike Delaney, Applicant
Mr. Delaney gave the staff presentation regarding the Spring Creek Village Resort Lot 4 Zone
Map Amendment Request of Community Business (B-2) for 19.96 acres at the northwest
intersection of Huffine Lane and Resort Drive, Application Z-11002.
2:18:26 Questions for Applicant
The Commission and applicant spoke regarding the review criteria.
2:18:42 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
2:19:12 Motion to approve zone map amendment Z-11002 and direct staff to prepare an
implementing ordinance upon completion of the contingency terms outlined on page 2 of
the staff report.
It was moved by Cr. Andrus, seconded by Deputy Mayor Krauss to approve zone map
amendment Z-11002 and direct staff to prepare an implementing ordinance upon
completion of the contingency terms outlined on page 2 of the staff report.
2:19:38 Commission discussion on the motion
The Commission spoke regarding the zoning of the property along with the vision of the City.
2:26:57 Vote on the Motion to approve zone map amendment Z-11002 and direct staff to
prepare an implementing ordinance upon completion of the contingency terms outlined on
page 2 of the staff report.
Those voting Aye being Crs. Andrus, Taylor, Mehl and Mayor Becker.
Those voting No being Deputy Mayor Krauss.
The motion passed 4-1.
2:27:13 2. Ditton Request to Annex 20 acres at 2210 Bridger Drive, Application A-
12003 (Skelton)
2:27:44 Dave Skelton, Senior Planner
Mr. Skelton gave the staff presentation regarding the Ditton Request to Annex 20 acres at 2210
Bridger Drive, Application A-12003. An additional term has been added to the memo in regards
to the diversion dam.
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2:37:38 Commission Questions for Staff
The Commission and Staff spoke regarding the ditch and the water rights.
2:40:54 Dave Albert, Applicant
Mr. Albert gave the Applicant presentation regarding the Ditton Request to Annex 20 acres at
2210 Bridger Drive, Application A-12003.
2:42:48 Commission questions for applicant
The Commission and the Applicant spoke regarding the conditions.
2:43:47 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
2:44:02 Motion to approve annexation request A-12003, with the eight terms of annexation
listed on pages 2 and 3 of the staff report and the additional term regarding improvements
to the Bridger Creek diversion dam prior to future development as recommended in the
Staff Memorandum of June 7, 2012 and direct staff to prepare an annexation agreement
for signature by parties.
It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to approve annexation
request A-12003, with the eight terms of annexation listed on pages 2 and 3 of the staff
report and the additional term regarding improvements to the Bridger Creek diversion
dam prior to future development as recommended in the Staff Memorandum of June 7,
2012 and direct staff to prepare an annexation agreement for signature by parties.
2:44:55 Discussion on the Motion
The Commission discussed the services and annexation.
2:47:36 Vote on the Motion to approve annexation request A-12003, with the eight terms of
annexation listed on pages 2 and 3 of the staff report and the additional term regarding
improvements to the Bridger Creek diversion dam prior to future development as
recommended in the Staff Memorandum of June 7, 2012 and direct staff to prepare an
annexation agreement for signature by parties.
Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Mehl, Andrus and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
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2:47:47 3. Ditton Zone Map Amendment Request of Residential Suburban (RS) for 20
acres at 2210 Bridger Drive, Application Z-12056 (Skelton)
2:48:05 Dave Skelton, Senior Planner
Mr. Skelton gave the staff presentation regarding the Ditton Zone Map Amendment Request of
Residential Suburban (RS) for 20 acres at 2210 Bridger Drive, Application Z-12056.
2:50:29 Dave Albert, Applicant
Dave Albert gave the Applicant presentation regarding the Ditton Zone Map Amendment
Request of Residential Suburban (RS) for 20 acres at 2210 Bridger Drive, Application Z-12056.
2:50:49 Commission questions for Applicant
The Commission and the Applicant spoke regarding the zoning.
2:51:48 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
2:51:56 Motion to approve the RS zone map amendment request for Z-12056, with the four
recommended contingencies listed on page 2 of the staff report and direct staff to prepare
an ordinance for the map amendment.
It was moved by Cr. Taylor, seconded by Cr. Mehl to approve the RS zone map
amendment request for Z-12056, with the four recommended contingencies listed on page 2
of the staff report and direct staff to prepare an ordinance for the map amendment.
2:52:29 Discussion on the Motion
The Commission discussed the City infrastructure of water and sewer, along with the reasoning
behind the annexation and zoning.
2:54:55 Vote on the Motion to approve the RS zone map amendment request for Z-12056,
with the four recommended contingencies listed on page 2 of the staff report and direct
staff to prepare an ordinance for the map amendment.
Those voting Aye being Crs. Taylor, Mehl, Andrus, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
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2:55:08 4. Mahar Request to Annex 5.01 acres at 3601 Good Medicine Way,
Application A-12004 (Saunders)
2:55:44 Chris Saunders, Assistant Planning Director
Mr. Saunders gave the staff presentation for the Mahar Request to Annex 5.01 acres at 3601
Good Medicine Way, Application A-12004. He spoke regarding the function of annexation.
3:04:01 Commission questions for Staff
The Commission and Staff spoke regarding the sewer line extension.
3:07:53 Matt Cotterman, Applicant representative
Mr. Cotterman gave the applicant presentation regarding the Mahar Request to Annex 5.01 acres
at 3601 Good Medicine Way, Application A-12004.
3:08:48 Commission questions for the Applicant
The Commission and Applicant spoke regarding Good Medicine Way.
3:09:22 Public Comment
Mayor Becker opened public comment.
3:09:33 Susan Swimley, Public Comment
Ms. Swimley of 1806 West Dickerson spoke regarding her letter and the conditions that were
removed in regards to Good Medicine Way.
3:11:41 Public Comment closed
Mayor Becker closed public comment.
3:11:45 Commission discussion
The Commission discussed Condition No. 8 in regards to the zoning.
3:12:56 Motion to approve annexation request A-12004 and direct staff to prepare an
annexation agreement with the terms outlined on pages 2 and 3 of the staff report as
amended by staff.
It was moved by Cr. Mehl, seconded by Cr. Andrus to approve annexation request A-12004
and direct staff to prepare an annexation agreement with the terms outlined on pages 2 and
3 of the staff report as amended by staff.
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3:13:35 Commission Discussion on the Motion
The Commission discussed the public comment, the provision for providing water and sewer
services and annexing property when asked.
3:15:22 Vote on the Motion to approve annexation request A-12004 and direct staff to
prepare an annexation agreement with the terms outlined on pages 2 and 3 of the staff
report as amended by staff.
Those voting Aye being Crs. Mehl, Andrus, Deputy Mayor Krauss, Cr. Taylor and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
3:15:44 5. Mahar Zone Map Amendment Request of Residential Single Household
Low-Density District (R-1) for 5.01 acres at 3601 Good Medicine Way, Application Z-12068
(Saunders)
3:16:05 Chris Saunders, Assistant Planning Director
Mr. Saunders gave the staff presentation regarding the Mahar Zone Map Amendment Request of
Residential Single Household Low-Density District (R-1) for 5.01 acres at 3601 Good Medicine
Way, Application Z-12068.
3:25:25 Commission Questions for Staff
The Commission and Staff spoke regarding the units per acre, environmental constraints, the
differences between R-1 and R-S zoning designations and the current development pattern in the
area.
3:32:40 Matt Cotterman, Applicant Representative
Mr. Cotterman gave the applicant presentation regarding the Mahar Zone Map Amendment
Request of Residential Single Household Low-Density District (R-1) for 5.01 acres at 3601
Good Medicine Way, Application Z-12068.
3:38:15 Commission Questions for Applicant
The Commission and Applicant spoke regarding the amount of family units and the zoning.
3:39:49 Public Comment
Mayor Becker opened public comment.
27 people commented on the zoning of the project.
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4:23:40 Public Comment closed
Mayor Becker closed public comment.
4:24:02 Applicant response to public comment
4:24:19 Commission Questions for staff
Commission and staff spoke regarding the planned unit development along with plat restrictions
and the neighboring subdivision.
4:28:26 Motion that having heard and considered public testimony, the application
materials, and staff analysis I find the criteria for a zone map amendment to RS to be more
suitable for the property than R1 to zone the property RS recognizing the requirement to
wait a minimum of one week to allow the applicant to consider their opinions 38.37.030 D2
BMC.
It was moved by Cr. Andrus that having heard and considered public testimony, the
application materials, and staff analysis I find the criteria for a zone map amendment to
RS to be more suitable for the property than R1 to zone the property RS recognizing the
requirement to wait a minimum of one week to allow the applicant to consider their
opinions 38.37.030 D2 BMC.
4:29:25 Motion fails due to a lack of a second.
4:29:38 Motion to approve zone map amendment Z-12068 and direct staff to prepare an
implementing ordinance upon completion of the contingency terms outlined on page 2 of
the staff report.
It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to approve zone map
amendment Z-12068 and direct staff to prepare an implementing ordinance upon
completion of the contingency terms outlined on page 2 of the staff report.
4:30:05 Commission discussion on the Motion
The Commission discussed the Bozeman Community Plan, intensity of uses and the process of
changing the zoning to R-S.
5:03:23 Vote on the Motion to move to approve zone map amendment Z-12068 and direct
staff to prepare an implementing ordinance upon completion of the contingency terms
outlined on page 2 of the staff report. A super majority required.
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Those voting Aye being Deputy Mayor Krauss, Crs. Taylor and Mehl.
Those voting No being Cr. Andrus and Mayor Becker.
The motion failed 3-2 as a super majority was required.
5:03:58 Applicant approval to make a decision on zoning change.
The Applicant stated that they permit the Commission to zone the property RS this evening
instead of waiting for a future agenda.
5:04:25 Motion that having heard and considered public testimony, the application
materials, and staff analysis I find the criteria for a zone map amendment to RS
Residential Suburban to be more suitable for the property than R1 and to move the zone of
the property to RS and direct staff to prepare an implementing ordinance upon completion
of the contingency terms outlined on page 2 of the staff report.
It was moved by Cr. Andrus, seconded by Deputy Mayor Krauss that having heard and
considered public testimony, the application materials, and staff analysis I find the criteria
for a zone map amendment to RS Residential Suburban to be more suitable for the
property than R1 and to move the zone of the property to RS and direct staff to prepare an
implementing ordinance upon completion of the contingency terms outlined on page 2 of
the staff report.
5:05:07 Commission Discussion on the Motion
The Commission spoke regarding the need for the zoning change and the location of the
property.
5:06:36 Vote on the Motion that having heard and considered public testimony, the
application materials, and staff analysis I find the criteria for a zone map amendment to
RS Residential Suburban to be more suitable for the property than R1 and to move the
zone of the property to RS and direct staff to prepare an implementing ordinance upon
completion of the contingency terms outlined on page 2 of the staff report.
Those voting Aye being Cr. Andrus, Deputy Mayor Krauss, Crs. Taylor, Mehl and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
5:07:03 6. Provisional Adoption of Ordinance No. 1831, Establishing a Stormwater
Utility and Amending Chapter 40, Article 4 of the Bozeman Municipal Code (Winn)
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5:08:26 Chuck Winn, Assistant City Manager
Mr. Winn gave the staff presentation regarding the Provisional Adoption of Ordinance No. 1831,
Establishing a Stormwater Utility and Amending Chapter 40, Article 4 of the Bozeman
Municipal Code.
5:10:24 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
5:10:34 Motion to move to provisionally adopt Ordinance No. 1831, establishing a
stormwater utility and amending Chapter 40, Article 4 of the Bozeman Municipal Code.
It was moved by Deputy Mayor Krauss, seconded by Cr, Taylor to move to provisionally
adopt Ordinance No. 1831, establishing a stormwater utility and amending Chapter 40,
Article 4 of the Bozeman Municipal Code.
5:10:57 Commission discussion on the Motion
The Commission discussed why this is a critical need.
5:12:41 Vote on the Motion to provisionally adopt Ordinance No. 1831, establishing a
stormwater utility and amending Chapter 40, Article 4 of the Bozeman Municipal Code.
Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Mehl, Andrus and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
5:12:56 7. Resolution No. 4380, Establishing Rates for Stormwater Service for the City
of Bozeman, effective August 1, 2012 and August 1, 2013 (Winn)
5:13:11 Chuck Winn, Assistant City Manager
Mr. Winn gave the staff presentation regarding Resolution No. 4380, Establishing Rates for
Stormwater Service for the City of Bozeman, effective August 1, 2012 and August 1, 2013.
5:13:53 Commission questions for Staff
The Commission and staff spoke regarding funding and rate models.
5:15:39 Motion to approve Resolution No. 4380, establishing rates for stormwater service
for the city of Bozeman.
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It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Resolution No. 4380,
establishing rates for stormwater service for the city of Bozeman.
5:15:50 Commission Discussion on the Motion
5:16:46 Vote on the Motion to approve Resolution No. 4380, establishing rates for
stormwater service for the city of Bozeman.
Those voting Aye being Crs. Mehl, Taylor, Andrus, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
5:17:04 K. FYI/Discussion
1. Discuss cancelling the July 2nd, 2012 Commission meeting (Ulmen)
The Commission agreed to cancel the July 2nd Commission meeting.
2. Meet and greet for Parks and Recreation director candidates.
3. Possible Sister City
Deputy Mayor Becker asked that the process be investigated in order to become a sister city.
5:21:51 L. Adjournment
Mayor Becker adjourned the meeting at 9:51 p.m.
____________________________________
Sean Becker, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________
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