HomeMy WebLinkAbout12-10-12 Minutes, City Commission 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 ward far 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.
0:07:5713. 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)
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Minutes of the Bozeman City Commission Meeting,December 10,2012
4, Approve Resolution No. 4417, annexing Tract [3-1A 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 23928 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.
I
0:10:57 Motion and Vote to approve Consent items E. 1-5 as submitted.
It was moved by Cr. Taylor, seconded bi Deputy Mayor Krauss to approve Consent items
E. 1-5 as submitted.
Those voting Ave being Cr. Taylor, Deputy Mayor Krauss, Crs. AndrusMchl 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 Kircho(L Public Comment
Mr. Kirchoff of 516 South 6th feels that if the study is worthy, it should be followed.
0:16:57 Joe Gutkas&ki, Public Comment
Mr. Gutkasfski recommends not raising impact fees too high. lie 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.
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Minutes of the Bozeman City Commission Meeting,December 10,2012
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 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.
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Minutes of the Bozeman City Commission Meeting,December 10,2012
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 Ave being Cr. Taylor.
Those voting No being Cr. Mehl, De ly Mayor Krauss, Cr. Andrus and Major 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 De q 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.
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Minutes of the Bozeman City Commission Meeting,December 10,2012
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
{SW MBIA) 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 Pope, Public Comment
Mr. Pape spoke regarding major factors and due diligence.
2:19.44 Brian fopiel, Public Comment
Mr. Popiel of 1411 South Rouse stated that he owns a Construction company and built 3 LEER
certified erti ied homes in the valley. lie 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.
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minutes of the Bozeman City Commission Meeting,December 10,2012
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, Talor, De ly Ma or Krauss and Major
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 JerrE Pape, Public Comment
Mr. Pape of 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, 2,012 draft of the
Wastewater Impact Fee Study.
It was moved by Cr. Mehl, seconded by Cr. Tgjlor to al!prove Resolution 4422, ado tin
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.
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Minutes of the Bozeman City Commis,5ion Meeting,December 10,2012
Those voting Ale being Crs. Mehl, Taylor, Deputy Mayor Krauss, Cr. Andrus and Mayo
Becker.
Those voting No being none.
The motion passed 540.
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, ado tin 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 votiniz Aye beine Cr. Taylor-Deputy Mayor Krauss, Crs. Andrus, Mehl and Major
Becker.
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Minutes of the Bozeman City Commission Meeting,December 10,2012
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 7"', 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, lie 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.
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Minutes of the Bozeman City Commission Meeting,December 10,2012
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 De pull 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 Ave being Crs. Mehl, T#Alor, Deputy Ma or 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 ic. Mandeville property and timing,
It was moved by Cr. Mehl, seconded In De lE Mayor Krauss to have staff address poliq
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.
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Minutes of the Bozeman City Commission Meeting,December 10,2012
4:54,27 Discussion on the Motion
4-.56.49 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 ic. Mandeville property
and timing.
Those voting Ave 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. Talor, seconded by Deputy Mayor Krauss to reappoint David Cook
and Sandy Dodge to the Recreation and Parks AdvisoLl Board.
Those voting Aye being Cr. Taylor, Deputy M#Aor Krauss, Crs. Andrus, Mehl and Mayo
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
Sn )I'---�AU--
Sean A. Becker, Mayor
ATTEST:
(A : -C
Stacy Ulmeft..' it*C erk
PREPARED BY
Stacy Ulmen, CMC, Ci k
Approved on '�OVYUIA �U4
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