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HomeMy WebLinkAbout06-11-12 Draft Minutes_2 Page 1 of 12 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 11, 2012 ********************** 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. 8 June 11, 2012 Bozeman City Commission Minutes Page 2 of 12 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. 9 June 11, 2012 Bozeman City Commission Minutes Page 3 of 12 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. 10 June 11, 2012 Bozeman City Commission Minutes Page 4 of 12 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. 11 June 11, 2012 Bozeman City Commission Minutes Page 5 of 12 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. 12 June 11, 2012 Bozeman City Commission Minutes Page 6 of 12 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. 13 June 11, 2012 Bozeman City Commission Minutes Page 7 of 12 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. 14 June 11, 2012 Bozeman City Commission Minutes Page 8 of 12 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. 15 June 11, 2012 Bozeman City Commission Minutes Page 9 of 12 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. 16 June 11, 2012 Bozeman City Commission Minutes Page 10 of 12 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) 17 June 11, 2012 Bozeman City Commission Minutes Page 11 of 12 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. 18 June 11, 2012 Bozeman City Commission Minutes Page 12 of 12 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 ___________________________ 19