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HomeMy WebLinkAbout01-14-2013 Minutes, City Commission MINUTES OF THE SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 14, 2013 The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, January 14, 2013. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Carson Taylor, Commissioner Chris Mehl, City Manager Chris Kukulski, 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. 0:33:36 A. Call to Order—6 p.m.—Commission Room, City Hall, 121 North Rouse Mayor Becker called the regular meeting to order at 6:02 p.m. 0:33:40 B. Pledge of Allegiance and a Moment of Silence 0:34:20 C. Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated no. 0:34:26 D. Public Service Announcement— City Office Closure on Monday,January 21 st (Ulmen) City Clerk Stacy Ulmen gave a PSA regarding the City Office Closure on Monday, January 21 st. 0:35:32 E. Minutes—December 10th, December 17th and December 28th,2012 0:35:36 Motion and Vote to approve the Minutes from December loth, December 17th and December 28th, 2012 as submitted. It was moved by Cr. Andrus, seconded by Cr. Taylor to approve the Minutes from December loth, December 17th and December 28th, 2012 as submitted. Those voting Ave being Crs.Andrus, Taylor, Mehl, Deputy Mayor Krauss and Mayor Becker. Page 1 of 9 Minutes of the Bozeman City Commission,January 14,2013 Those voting No being none. The motion passed 5-0. 0:35:55 F. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize issuance of a Call for Projects from local non-profits, non-governmental organizations and similar community service providers interested in applying for a Community Development Block Grant under the Economic Development Program through the City from the Montana Department of Commerce (Stocks) 3. Authorize City Manager to sign the Christenot Annexation Public Street and Utility Easement(Murray) 4. Authorize City Manager to sign the Leep Annexation Public Street and Utility Easement (Murray) 5. Approve Cancelling the Commission meeting the week of January 21st (Ulmen) 6. Finally Adopt Ordinance No. 1852,establishing an initial zoning of Community Business District (B-2) for the Cresent Cross annexation at the SE corner of Huffine Lane and Cottonwood Road (Saunders) 7. Appoint Chris Kukulski to the Montana Municipal Interlocal Authority Board of Directors (Kukulski) 0:35:56 Public Comment Mayor Becker opened Public Comment on the Consent agenda. No person commented. Mayor Becker closed public comment. 0:36:12 Motion and Vote to approve Consent items F. 1-7 as submitted. It was moved by Cr. Taylor, seconded by Cr. Mehl to approve Consent items F. 1-7 as submitted. Those voting Ave being Crs. Taylor, Mehl, Deputy Mayor Krauss, Cr. Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:36:26 G. Public Comment Mayor Becker opened general public comment. No person commented. Mayor Becker closed public comment. 0:36:53 H. Special Presentation—Street Lighting Inventory (Emily Baker) Page 2 of 9 Minutes of the Bozeman City Commission,January 14,2013 0:37:02 Chuck Winn, Assistant City Manager Mr. Winn began the presentation for the Street Lighting Inventory and introduced City Intern Emily Baker. 0:38:11 Emily Baker, City Intern Ms. Baker stated that she is an Energy Core Member and gave the presentation for the Street Lighting Inventory which she put together. She explained why this was done, mapping, contracts, a review of current districts, findings including billing errors,$5,000 in refunds and $13,000 in savings identified, the amount of lights, sky compliance, metered lights, the LED pilot program and how the information will be used. 0:48:43 Commission questions for Staff The Commission and staff discussed future management of the lights,the errors in billing, dark sky safe lighting, light replacement, LED lights, expected savings, updating the data base, and the next steps with this information. 0:59:59 I. Action Items 1:00:01 1. Creekwood Guest House/Vacation Rental Conditional Use Permit and Certificate of Appropriateness Application Z-12290, 2421 Creekwood Drive (Quasi- Judicial) (Riley) 1:00:55 Doug Riley, Associate Planner Mr. Riley gave the staff report regarding the Creekwood Guest House/Vacation Rental Conditional Use Permit and Certificate of Appropriateness Application Z-12290, 2421 Creekwood Drive. 1:10:27 Questions for Staff The Commission and staff discussed the review of similar situations and models, the amount of approved CUPS of this nature which there are none, turn over, the size of the lot, conformance to R-1 housing standards and running a vacation rental business. 1:19:03 Applicant Presentation Applicant Phil Sgamma gave the applicant presentation for the project. 1.22:43 Questions for applicant The Commission and applicant spoke regarding the rental agreement and conditions,how the conditions will be met and property transfer. Page 3 of 9 Minutes of the Bozeman City Commission,January 14,2013 1:25:55 Public Comment Mayor Becker opened public comment. 1.26:07 Kimberly Graham, Public comment Ms. Graham 22449 Creekwood Drive stated that there are new homes built all around the applicant's property. There are tenants in and out of there. This last summer the yard died. This may set a precedent for this area. Property management is at a minimum. She is concerned that the renters have dogs that wander, are not contained and do not pick up waste. 1:28:12 Ken Danhof,Public comment Mr. Danhof of 6570 Jackson Creek Road stated that this important investment for a young family . The unit next door has a negative impact and social impact. This is a commercial enterprise and it is in violation. 1:29:37 Keith Paterson,Public comment Mr. Paterson of 2270 Boylan Road stated that he agrees with what the lady before him spoke of. He feels the photo used for the presentation is misleading. He agrees that this should not be approved. 1:31:27 Public Comment Mayor Becker closed public comment. 1:31:31 Applicant rebuttal The applicant spoke regarding the trees on the property. He spoke regarding the need for a water system. He spoke regarding the dog issue and that he was not aware of the issues pertaining to them. 1:33:31 Commission Questions for staff The Commission and staff spoke regarding the change of use conveying with the sale along with the actions of the Home Owners Association. 1:35:04 Commission discussion The Commission discussed the need to hear from the Home Owners Association. 1:36:56 Motion to open and continue the public hearing of the application and directing staff to supply additional information in two weeks about whether the HOA has acted. It was moved by Cr. Mehl, seconded by Cr. Taylor to open and continue the public hearing of the application and directing staff to supply additional information in two weeks about whether the HOA has acted. Page 4 of 9 Minutes of the Bozeman City Commission,January 14,2013 1:37:17 Commission discussion on the Motion The Commission discussed the zoning of the area, what the zoning is suited for, the restrictions of the zoning, the need to look more at rentals, timing and input from the homeowners association. 1:51:19 Greg Sullivan, City Attorney Mr. Sullivan spoke regarding the legalities of this decision. 1:53:26 Continued Commission discussion 1,55:26 Friendly amendment to the Main Motion to extend the hearing 45 days or the earliest meeting after 45 days. Cr. Mehl posted a friendly amendment to the Main Motion to extend the hearing 45 days or the earliest meeting after 45 days. Cr. Taylor agreed to the Friendly amendment. 1:56:36 Vote on the Motion to open and continue the public hearing of the application friendly amendment extending the hearing 45 days or the earliest meeting after 45 days, and directing staff to supply additional information in two weeks about whether the HOA has acted. Those voting Aye being Crs. Mehl, Andrus and Mayor Becker. Those voting No being Cr. Taylor and Deputy Mayor Krauss. The motion passed 3-2. 1,57:33 2. Resolution No. 4426, Adopting the North Park Properties Concept Land Use Plan and Direction on the Future of the City-Owned North Park Property (Fontenot) 1:57:56 Brit Fontenot, Director of Economic Development Mr. Fontenot gave the presentation for Resolution No. 4426, Adopting the North Park Properties Concept Land Use Plan and Direction on the Future of the City-Owned North Park Property. 2:13:14 Commission discussion The Commission and the Staff discussed the types of uses, costs, grants, income studies,the timing of the appraisal, the state's perspective with the property,the time frame of action for the state, alternatives,timing of the preliminary engineering report, status and conditions of the property. 2:39:19 Public Comment Mayor Becker opened public comment. Page 5 of 9 Minutes of the Bozeman City Commission,January 1.4,2013 2:39:20 Jerry Pape, Public Comment Mr. Pape of 15 North 25th spoke regarding opportunities,the need to look at the bigger picture, packaging as marketing, buyer objectives, and a self sustaining cycle. 2:44:03 Public Comment closed Mayor Becker closed public comment. 2:44:35 Motion to approve Resolution 4426 adopting the North Park Properties concept land use plan. It was moved by Deputy Mayor Krauss, seconded by Cr. Andrus to approve Resolution 4426 adopting the North Park Properties concept land use plan. 2:44:54 Commission Discussion on the Motion The Commission discussed viable entryways into this property, packaging, the re-establishment of the Tax Increment Financing district, signage, phasing, the possibility of selling the property, moving forward with the preliminary engineering report, funding for the PER, and the City as a developer. 3:00:41 Vote on the Motion to approve Resolution 4426 adopting the North Park Properties concept land use plan. Those voting Aye being Deputy Mayor Krauss, Crs. Andrus, Taylor, Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 3:01:00 Commission Discussion The Commission discussed the objectives. 3:03:07 Motion and Vote to instruct staff to come back to the Commission with a memo and report on the suggested management structure of north park. It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to instruct staff to come back to the Commission with a memo and report on the suggested management structure of north park. Those voting Ave being Cr. Mehl, Deputy Mayor Krauss. Crs. Andrus, Taylor and Mayor Becker. Those voting No being none. Page 6 of 9 Minutes of the Bozeman City Commission,January 14,2013 The motion passed 5-0. 3:03:41 Motion to continue with the planning and expense of signage, preliminary engineering report, TIF extension or other work pending platting and appraisal work. It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to continue with the planning and expense of signage, preliminary engineering report, TIF extension or other work pending platting and appraisal work. 3:04:03 Discussion on the Motion Discussion took place regarding the timing of the appraisal and the tax increment financing district and income levels. 3:07:33 Vote on the Motion to continue with the planning and expense of signage, preliminary engineering report, TIF extension or other work pending platting and appraisal work. 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. 3:09:53 1 (Re)Appointments to the Bozeman Area Bicycle Advisory Board (Brunckhorst) 3:10:22 Motion to appoint Kirk Ahlberg, Bill Cochran, Jason Delmue and Sam Haraldson to the Bozeman Area Bicycle Advisory Board. It was moved by Cr. Taylor, seconded by Cr. Andrus to appoint Kirk Ahlbcrg, Bill Cochran, Jason Delmue and Sam Haraldson to the Bozeman Area Bicycle Advisory Board. Those voting Ave being Crs. Taylor, Andrus, Mehl, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 3:11:13 Motion and Vote to appoint Nonnie Thompson to the Bozeman Area Bicycle Advisory Board. Page 7 of 9 Minutes of the Bozeman City Commission,January 14,2013 It was moved by Cr. Andrus, seconded by Cr. Mehl to appoint Nonnie Thompson to the Bozeman Area Bicycle Advisory Board. Those voting Ave being Crs. Andrus,Mehl, Deputy Mayor Krauss and Mayor Becker. Cr. Taylor recused himself from the vote due to a possible perceived conflict of interest. Those voting no being none. The motion passed 4-0. 3:11:47 Motion to appoint Jen Petersen to the Bozeman Area Bicycle Advisory Board. It was moved by Cr. Taylor, seconded by Cr. Mehl to appoint Jen Petersen to the Bozeman Area Bicycle Advisory Board. Those voting Ave being Crs. Taylor, Mehl, Deputy Mayor Krauss, Cr. Andrus and Mayor Becker. _ Those voting No being none. The motion passed 5-0. 3:12:25 4. Re-appointment to the Pedestrian and Traffic Safety Committee (Brunckhorst) 3:12:27 Motion and Vote to re-appoint Gary Vodehnal to the Pedestrian and Traffic Safety Committee. It was move by Cr. Mehl, seconded by Deputy Mayor Krauss to re-appoint Gary Vodehnal to the Pedestrian and Traffic Safety Committee. 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. 3:13:07 J. FYI/Discussion 3:13:16 1. Goal setting session A 1 p.m. start time will not work for Mayor Becker. A lengthy discussion took place regarding the location of this event. It will remain at City hall and begin at 2 p.m. 3:28:18 2. 2013 Legislative Session Update This will be a standing last Action Item for the next 3 months. Page 8 of 9 Minutes of the Bozeman City Commission,January 14,2013 3:29:56 3. Thank you to Cr. Andrus for tonight's chocolate cake! 3:30:18 4. Support letter of House Bill 146 regarding license fees for solid waste facilities. 3:32:35 5. Joint City/Town/County meeting in Belgrade, Friday, January 25th at noon Mackenzie River Pizza 3:32:38 6. Trustees for Community colleges Deputy Mayor Krauss spoke regarding other Montana mill levy's for community colleges and how it measures up here in Bozeman. Think about how to get this county wide. 3:34:04 K. Adjournment Mayor Becker adjourned the meeting at 9:02 p.m. UF. o�� Sean A. Becker, Mayor ATTEST: - . Z Stacy Ulme , C ity�Crerk PREPARE Y: °��� Stacy Ul en, 15 City Clerk Approved on I, Q0 1-�) Page 9 of 9