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HomeMy WebLinkAbout12-10-12 Minutes Page 1 of 10 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 10, 2012 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, December 10, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Carson Taylor, Commissioner Chris Mehl, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Director of Administration Services 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. 0:07:50 A. Call to Order – 5:30 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Becker called the meeting to order at 5:35 p.m. 0:07:57 B. Pledge of Allegiance and a Moment of Silence 0:08:32 C. Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated no. 0:08:38 D. Public Service Announcement – City Office Closures and Commission Meeting Schedule for the remainder of 2012 (Ulmen) City Clerk, Stacy Ulmen gave the public service announcement for the City Office Closures and Commission Meeting Schedule for the remainder of 2012. 0:10:43 E. Consent 1. Authorize Payment of Accounts Payable (LaMeres) 2. Authorize Mayor to sign Findings of Fact and Order for the Cowdrey Minor Subdivision and the Findings of Fact and Order for the preliminary plat of the Cowdrey Minor Subdivision, Application P-12012 (Skelton) 3. Approve the attached list for renewal of their Liquor Licenses or Beer & Wine Licenses for calendar year 2013 (Neibauer) 5 Minutes of the Bozeman City Commission Meeting, December 10, 2012 Page 2 of 10 4. Approve Resolution No. 4417, annexing Tract B-1A of Certificate of Survey 2392B as amended by the right-of-way highway acquisition and direct the City Manager to sign the Annexation Agreement for Ditton Annexation, Application A-12003 (Skelton) 5. Provisionally adopt Ordinance No. 1847, establishing an initial zoning designation of Residential Suburban for Track B-1A of Certificate of Survey 2392B and adjacent right-of- way for Ditton Application Z-12056 (Skelton) 0:10:47 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 0:10:57 Motion and Vote to approve Consent items E. 1-5 as submitted. It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to approve Consent items E. 1-5 as submitted. Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Andrus, Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:11:20 F. Public Comment Mayor Becker opened public comment. 0:11:43 Steve Kirchoff, Public Comment Mr. Kirchoff of 516 South 6th feels that if the study is worthy, it should be followed. 0:16:57 Joe Gutkasfski, Public Comment Mr. Gutkasfski recommends not raising impact fees too high. He spoke regarding long range health. 0:20:31 Rob Evans, Public Comment Mr. Evans stated that he is the President of Southwest Montana Building Industries Association (SWIMBIA). He feels that the impact fee study is a good study. 0:21:13 Putter Brown, Public Comment Mr. Brown 600 North Wallace Avenue spoke regarding the impact fee Study. He spoke regarding the proposal of combining restaurants and retail. 6 Minutes of the Bozeman City Commission Meeting, December 10, 2012 Page 3 of 10 0:22:42 Public comment closed Mayor Becker closed public comment. 0:22:46 G. Special Presentation – Swearing in Ceremony for two new Firefighters Mayor Becker swore in new Firefighters Jason Franfelker and Cody Wetmore. 0:26:00 H. Action Items 0:26:03 1. Decision on Terms of Settlement with the Montana Municipal Interlocal Authority and Government Entities Mutual, Inc. in Cause No. DA-120311 (First Judicial District Court) (Sullivan) 0:26:26 Greg Sullivan, City Attorney City Attorney Greg Sullivan gave the Staff presentation regarding the Decision on Terms of Settlement with the Montana Municipal Interlocal Authority and Government Entities Mutual, Inc. in Cause No. DA-120311 (First Judicial District Court). 0:32:46 City Manager Chris Kukulski Mr. Kukulski spoke regarding budget implications and how the financial obligation can be met. 0:35:37 Commission and Staff Discussion The Commission discussed both parties being public entities, exemptions from public records that apply, litigation strategy sessions, cooperation of MMIA in a reasonable amount of time, a possible sunset on the payback, the fact that this Commission inherited this issue, and new improved technology use for email archiving and search terms. 0:49:59 Motion to authorize the City Manager to execute a settlement agreement and release in substantial conformance with the terms outlined in the staff memorandum. It was moved by Deputy Mayor Krauss, seconded by Cr. Andrus to authorize the City Manager to execute a settlement agreement and release in substantial conformance with the terms outlined in the staff memorandum. 0:50:11 Commission Discussion on the Motion The Commission discussed the past of this issue, impact of the future, the reserve limit, lessons learned and MMIA representation concerns. 1:06:15 Amendment to the Main Motion to add a payback within 20 years to the motion. 7 Minutes of the Bozeman City Commission Meeting, December 10, 2012 Page 4 of 10 It was moved by Cr. Taylor, seconded by Cr. Mehl to add a payback within 20 years to the motion. 1:06:48 Commission discussion on the Amendment The Commission discussed the settlement value, the surprise of a lack of a sunset, negotiations, representation, expectations, poor legal representation and the discovery process. 1:25:47 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 1:25:59 Vote on the Amendment to the Main Motion to add a payback within 20 years to the motion. Those voting Aye being Cr. Taylor. Those voting No being Cr. Mehl, Deputy Mayor Krauss, Cr. Andrus and Mayor Becker. The motion failed 1-4. 1:26:40 Vote on the Main Motion to authorize the City Manager to execute a settlement agreement and release in substantial conformance with the terms outlined in the staff memorandum. Those voting Aye being Deputy Mayor Krauss, Andrus, Mehl and Mayor Becker. Those voting No being Cr. Taylor. The motion passed 4-1. 1:27:07 Break Mayor Becker declared a break. 1:39:34 2. Resolution No. 4421, adopting the updated Water Impact Fee Study; and discussion of possible related amendments to Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code (Saunders) 1:40:00 Chris Saunders, Assistant Planner Mr. Saunders gave the staff presentation regarding Resolution No. 4421, adopting the updated Water Impact Fee Study; and discussion of possible related amendments to Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code. 8 Minutes of the Bozeman City Commission Meeting, December 10, 2012 Page 5 of 10 1:53:24 Commission and Staff discussion The Commission and Staff discussed implications, commercial components and methodology, the need for policy discussions, the effective dates, the current and proposed fees, future water storage, purchase of water rights and the need to get the Integrated Water Resource Plan into place. 2:07:24 Public Comment Mayor Becker opened public comment. 2:07:56 Rob Evans, Public Comment Mr. Evans stated that he is representation the South West Building Industry Association (SWMBIA) and was on the Impact Advisory Board. He spoke regarding looking for balanced growth and ways to finance that do not create competitive disadvantages. 2:11:52 David Graham, Public Comment Mr. Graham 257 Easy Street stated that he was on Impact fee committee. He feels that the City had the right consultant. Bozeman fees are higher than many Cities. 2:16:01 Jerry Pape, Public Comment Mr. Pape spoke regarding major factors and due diligence. 2:19:44 Brian Popiel, Public Comment Mr. Popiel of 1411 South Rouse stated that he owns a Construction company and built 3 LEED certified homes in the valley. He spoke regarding green building interests and that there is a high hurdle in regards to impact fees for these types of buildings. 2:21:14 Public Comment Closed Mayor Becker closed public comment. 2:21:42 Motion to approve Resolution 4421, adopting the September 23, 2012 draft Water Impact Fee Study. It was moved by Cr Andrus, seconded by Cr. Mehl to approve Resolution 4421, adopting the September 23, 2012 draft Water Impact Fee Study. 2:21:55 Commission discussion on the Motion The Commission discussed community support, diversity, the need for a policy discussion and grey water systems. 9 Minutes of the Bozeman City Commission Meeting, December 10, 2012 Page 6 of 10 2:58:16 Vote on the Motion to approve Resolution 4421, adopting the September 23, 2012 draft Water Impact Fee Study. Those voting Aye being Crs. Andrus, Mehl, Taylor, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:58:29 3. Resolution No. 4422, adopting the Wastewater Impact Fee Update; and discussion of possible related amendments to Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code (Saunders) 2:58:55 Chris Saunders, Assistant Planning Director Mr. Saunders gave the staff presentation regarding Resolution No. 4422, adopting the Wastewater Impact Fee Update; and discussion of possible related amendments to Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code. 3:00:39 Public Comment Mayor Becker opened public comment. 3:00:48 Jerry Pape, Public Comment Mr. Pape 15 North 25th spoke regarding timing and the build cycle. 3:04:01 David Graham, Public Comment Mr. Graham spoke regarding the timing of the collection of commercial fees. 3:05:48 Public Comment closed Mayor Becker closed public comment. 3:06:07 Motion to approve Resolution 4422, adopting the September 23, 2012 draft of the Wastewater Impact Fee Study. It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Resolution 4422, adopting the September 23, 2012 draft of the Wastewater Impact Fee Study. 3:06:20 Commission discussion on the Motion The Commission discussed the commercial fees and policy goals, costs for new sewer plants and infrastructure. 3:14:52 Vote on the Motion to approve Resolution 4422, adopting the September 23, 2012 draft of the Wastewater Impact Fee Study. 10 Minutes of the Bozeman City Commission Meeting, December 10, 2012 Page 7 of 10 Those voting Aye being Crs. Mehl, Taylor, Deputy Mayor Krauss, Cr. Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 3:15:05 4. Resolution No. 4423, adopting the updated Fire/Emergency Management System Impact Fee Study; and discussion of possible related amendments to Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code (Saunders) 3:15:45 Chris Saunders, Assistant Planning Director Mr. Saunders gave the staff presentation regarding Resolution No. 4423, adopting the updated Fire/Emergency Management System Impact Fee Study; and discussion of possible related amendments to Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code. 3:23:04 Commission and Staff Discussion The Commission and Staff discussed what impact fees can be used for, unmet capital needs, debt service, calls for service, impact fees in relation to current debt, fixed costs in the calculation and proximity issues. 3:46:38 Public comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 3:47:02 Continued Commission and Staff Discussion 3:51:03 Motion to approve Resolution 4423, adopting the September 23, 2012 draft of the Fire/EMS Impact Fee Study. It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to approve Resolution 4423, adopting the September 23, 2012 draft of the Fire/EMS Impact Fee Study. 3:51:59 Commission Discussion on the Motion The Commission discussed the consultant, the Advisory Committee, timing and growth. 3:55:31 Vote on the Motion to approve Resolution 4423, adopting the September 23, 2012 draft of the Fire/EMS Impact Fee Study. Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Andrus, Mehl and Mayor Becker. 11 Minutes of the Bozeman City Commission Meeting, December 10, 2012 Page 8 of 10 Those voting No being none. The motion passed 5-0. 3:55:43 Agenda Items 6-10 The Commission agreed to move the Capital Improvement Items to January 7th, 2013 3:56:37 Receipt of the Capital Improvement Items The Commission acknowledged the receipt of the Capital Improvement Items. 3:57:03 5. Resolution No. 4424, adopting the updated Transportation Impact Fee Study; and discussion of possible related amendments to Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code (Saunders) 3:57:40 Chris Saunders, Assistant Planning Director Mr. Saunders gave the staff presentation regarding Resolution No. 4424, adopting the updated Transportation Impact Fee Study; and discussion of possible related amendments to Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code. 4:05:31 Commission Questions for Staff The Commission and Staff discussed the change of activity of a building, quality restaurant and fast food definitions and costs per square feet, retail, infill, the nature of mixed use and trip exchange districts. 4:28:49 Public Comment Mayor Becker opened public comment. 4:29:04 Rob Evans, Public Comment Mr. Evans spoke regarding expenses incurred but feels that many are not paying. He asked that the Commission consider continuing the 60% rate. 4:31:57 Meeting extended. Mayor Becker extended the meeting until 10:30 p.m. 4:32:18 Public Comment closed Mayor Becker closed public comment. 4:32:37 Motion to approve Resolution 4424, adopting the October 24, 2012 draft of the Transportation Impact Fee Study. 12 Minutes of the Bozeman City Commission Meeting, December 10, 2012 Page 9 of 10 It was moved by Deputy Mayor Krauss seconded by Cr. Andrus to approve Resolution 4424, adopting the October 24, 2012 draft of the Transportation Impact Fee Study. 4:32:55 Commission Discussion on the Motion The Commission discussed concerns of restaurant comparisons and retail establishments, adaptive reuse, the speed of the collection of fees in regards to infrastructure timing, geography, one trip generation districts, the current fees in relation to the proposed fees, and the need to have a further discussion about this item. 4:51:30 Vote on the Motion to approve Resolution 4424, adopting the October 24, 2012 draft of the Transportation Impact Fee Study. Those voting Aye being Mayor Becker. Those voting No being Deputy Mayor Krauss, Crs. Andrus, Mehl and Taylor. The motion failed 1-4. 4:51:55 Motion to continue this item to January 14th, 2013. It was moved by Cr. Mehl, Seconded by Cr. Taylor to continue this item to January 14th, 2013. 4:52:20 Vote on the Motion to continue this item to January 14th, 2013. Those voting Aye being Crs. Mehl, Taylor, Deputy Mayor Krauss, Cr. Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 4:52:34 Commission Discussion The Commission discussed making this a policy consideration. 4:54:03 Motion to have staff address policy considerations on the 14th as follows: merit of street, impact of retail and restaurants, the amount of fees, possible cost for reuse of a structure, targeted relief, how the division of land ie. Mandeville property and timing. It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to have staff address policy considerations on the 14th as follows: merit of street, impact of retail and restaurants, the amount of fees, possible cost for reuse of a structure, targeted relief, how the division of land ie. Mandeville property and timing. 13 Minutes of the Bozeman City Commission Meeting, December 10, 2012 Page 10 of 10 4:54:27 Discussion on the Motion 4:56:48 Vote on the Motion to have staff address policy considerations on the 14th as follows: merit of street, impact of retail and restaurants, the amount of fees, possible cost for reuse of a structure, targeted relief, how the division of land ie. Mandeville property and timing. Those voting Aye being Cr. Mehl, Deputy Mayor Krauss, Crs. Andrus, Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 4:57:30 11. Reappointments to the Recreation and Parks Advisory Board (Brunckhorst) 4:57:34 Motion and Vote to reappoint David Cook and Sandy Dodge to the Recreation and Parks Advisory Board. It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to reappoint David Cook and Sandy Dodge to the Recreation and Parks Advisory Board. Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Andrus, Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 4:57:56 I. FYI/Discussion 4:58:03 1. Update regarding Good Neighbor Committee (Kukulski) 4:58:19 2. City Holiday Party ____________________________________ Sean A. Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________ 14