HomeMy WebLinkAbout01-28-13 Draft MinutesPage 1 of 10
MINUTES OF THE SPECIAL MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 28, 2013
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The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
January 28, 2013. Present were 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.
0:09:11 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Deputy Mayor Krauss called the meeting to order.
0:09:17 B. Pledge of Allegiance and a Moment of Silence
0:10:04 Welcome
Deputy Mayor Krauss welcomed everyone to the meeting.
0:10:19 C. Changes to the Agenda
The authorization of the absence of Mayor Becker will need to occur.
0:10:22 Approve the absence of Mayor Becker.
0:10:24 Motion and Vote to authorize the absence of Mayor Becker.
It was moved by Cr. Andrus, seconded by Cr. Taylor to authorize the absence of Mayor
Becker.
Those voting Aye being Crs. Andrus, Taylor, Mehl and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:10:42 D. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign South University District Easements and Irrevocable
Offer of Dedication (Johnson)
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3. Accept the Building Inspection Division Second Quarter Report for Fiscal Year 2013 (Risk)
4. Appoint Deputy Mayor Krauss and Commissioner Andrus to Approve Depository Bonds
and Securities as of December 31, 2012 (Clark)
5. Approve Resolution No. 4417, annexing Tract B-1A Certificate of Survey No. 2392B as
amended by the right-of-way highway acquisition and authorize City Manager to sign
the related Ditton Annexation Agreement, Application A-12003 (Skelton)
6. Approve Resolution No. 4429, annexing 6.66 acres located at 5200 Durston Road and
authorize City Manager to sign the Agreement for the Christenot Annexation,
Application A-11001 (Riley)
7. Approve Resolution No. 4430, annexing 2 acres located south of Durston Road and East
of Valley Drive and authorize City Manager to sign the Agreement for the Leep
Annexation, Application A-12001 (Riley)
8. Provisionally Adopt Ordinance No. 1847, establishing an initial zoning designation of R-S
for Tract B-1A of Certificate of Survey No. 2392B and adjacent right-of-way for
Application Z-12056, Ditton Zone Map Amendment (Skelton)
9. Provisionally Adopt Ordinance No. 1854, establishing an initial zoning designation of R-4
on the 6.66 acre tract known as the Christenot Zone Map Amendment in conjunction
with annexation, Zoning Application Z-11170 (Riley)
10. Provisionally Adopt Ordinance No. 1855, establishing an initial zoning designation of R-3
on the 2.0 acre tract known as the Leep Zone Map Amendment in conjunction with
annexation, Zoning Application Z-12044 (Riley)
11. Finally Adopt Ordinance No. 1846, establishing zoning of B-3(Central Business District)
on the 2.8751 acre tract known as the South Wallace Zone Map Amendment,
Application Z-12122 (Riley)
12. Finally Adopt Ordinance 1850, amending the Municipal Code by replacing the
Department of Finance with Department of Administrative Services, removing
references to the Departments of Human Resources and Information Technology and by
replacing references to the Director of Finance with Director of Administrative Services
(Kukulski)
13. Finally Adopt Ordinance 1851, amending the Municipal Code by replacing all references
to the Department of Public Service with Department of Public Works and replacing
references to the Director of Public Service with Director of Public Works (Kukulski)
0:10:47 Public Comment
Deputy Mayor Krauss opened public comment on the Consent Agenda.
No person commented.
Deputy Mayor Krauss closed public comment.
0:11:06 Motion and Vote to approve Consent Items D. 1-13.
It was moved by Cr. Taylor, seconded by Cr. Mehl to approve Consent Items D. 1-13.
Those voting Aye being Crs. Taylor, Mehl, Andrus and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
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0:11:22 E. Public Comment
Deputy Mayor Krauss opened public comment.
0:11:57 Steve Kirchoff, Public Comment
Mr. Kirchoff of 516 South 6th spoke regarding Impact Fee calculations and Insensitives.
0:17:34 Dean Center, Public Comment
Mr. Center spoke regarding his concerns regarding the Bogert pool and growth expectations.
0:20:35 Public Comment Closed
Deputy Mayor Krauss closed public comment.
0:20:38 F. Special Presentation – State of the Neighborhoods Address (Brekke)
0:21:05 Allyson Brekke, Neighborhoods Coordinator
Ms. Brekke began the Special Presentations for the State of the Neighborhoods address. She
showed the areas where the associations are located.
0:24:21 Jennifer Rockme, Chair of InterNeighborhood Council
Ms. Rockme gave the presentation regarding the INC Mission Statement and goals and
objectives.
0:34:50 G. Action Items
0:34:54 1. Provisional Adoption of Ordinance No. 1859, Disclaiming interest in
Property at 323 South Wallace (Cooper)
0:35:08 Tim Cooper, Assistant City Attorney
Mr. Cooper gave the staff presentation regarding the Provisional Adoption of Ordinance No.
1859, Disclaiming interest in Property at 323 South Wallace.
0:36:38 Chris Kukulski, City Manager
Mr. Kukulski spoke regarding the option that was presented to the City by the neighbors in the
area of this properly. It includes constructing a turnaround.
0:40:25 Commission questions for Staff
The Commission and staff discussed that there is not a requirement to take action on this item
and the access.
0:43:24 Public Comment
Deputy Mayor Krauss opened public comment.
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0:44:00 Gary Gullikson, Public Comment
Mr. Gullikson of 404 South Church spoke on behalf of himself, Salal Hubert McGee and Trevor
Sussi spoke regarding the proposal that was sent to the City urging that a turnaround be put in.
0:47:24 Public Comment closed
Deputy Mayor Krauss closed public comment.
0:47:52 Motion to provisionally Adopt Ordinance No. 1859, authorizing the City Manager
to execute a document disclaiming all interest in and to real property described as a
twenty-five foot by one hundred-fifty foot strip of land on the westerly portion of property
located at 323 South Wallace Avenue, and that the second reading of this Ordinance be
delayed until there is a usable turn-round on the south alley that would meet standards for
fire access.
It was moved by Cr. Mehl, seconded by Cr. Andrus to provisionally Adopt Ordinance No.
1859, authorizing the City Manager to execute a document disclaiming all interest in and to
real property described as a twenty-five foot by one hundred-fifty foot strip of land on the
westerly portion of property located at 323 South Wallace Avenue, and that the second
reading of this Ordinance be delayed until there is a usable turn-round on the south alley
that would meet standards for fire access.
0:48:37 Commission discussion on the Motion
The Commission discussed the right-of -way, the timing of this issue, Cr. Taylor's disclosure of
his relationship with the Balls, the hammerhead, the legal basis of the City and what this property
has been used for.
1:03:44 Vote on the Motion to provisionally Adopt Ordinance No. 1859, authorizing the
City Manager to execute a document disclaiming all interest in and to real property
described as a twenty-five foot by one hundred-fifty foot strip of land on the westerly
portion of property located at 323 South Wallace Avenue, and that the second reading of
this Ordinance be delayed until there is a usable turn-round on the south alley that would
meet standards for fire access.
Those voting Aye being Crs. Mehl, Andrus and Taylor.
Those voting No being Deputy Mayor Krauss.
The motion passed 3-1.
1:04:57 2. Provisional Adoption of Ordinance No. 1853, amending Chapter 2, Article 6,
Division 9, Impact Fees to establish definitions, address possible deferral of payments,
modify timing of documentation updates, and other revisions for clarity; and possible
direction on related implementing resolutions (Saunders)
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1:05:20 Chris Saunders, Assistant Planning Director
Mr. Saunders gave the staff presentation regarding the Provisional Adoption of Ordinance No.
1853, amending Chapter 2, Article 6, Division 9, Impact Fees to establish definitions, address
possible deferral of payments, modify timing of documentation updates, and other revisions for
clarity; and possible direction on related implementing resolutions.
1:12:05 Commission questions for Staff
The Commission discussed options of timing, changes of use and the area of calculation,
expansions, increasing service line size and capacity expansion, calculations for intersections and
streets, the date of the last impact fee study, the need to start the process of conducting a study
sooner, timing of paying the impact fees, the collection of administrative fees, the deferral
program, what other communities have done, work administratively, stop work orders and the
staggering of impact fee payments.
1:45:04 Public Comment
Deputy Mayor Krauss opened public comment.
1:45:23 Kevin Cook, Public Comment
Mr. Cook of 1276 North 15th Avenue spoke regarding the timing of collection of impact fees
and stated that he is a builder and it would be a big help to pay at the end. He would like to see
the change in use square footage higher then what is proposed.
1:47:38 Don Cape, Public Comment
Mr. Cape asked the Commission to consider what if someone does not pay at the end. Weigh
“what ifs” with those who do pay.
1:48:27 Brian Popel, Public Comment
Mr. Popel of 1411 South Rouse spoke regarding change and timing. He spoke regarding building
in a spec environment. He spoke regarding deferrals.
1:50:36 Public Comment closed
Deputy Mayor Krauss closed public comment.
1:50:45 Economic Development Impact Fee Mitigation Program
1:50:49 Brit Fontenot, Director of Economic Development
Mr. Fontenot gave the staff presentation regarding the Economic Development Impact Fee
Mitigation Program.
1:55:33 Commission Discussion
The Commission discussed qualifying criteria, use of resources, capping the amount and what
that would mean, the budget process and implementation, growth of property tax base, the
creation of more jobs and targeted incentives.
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2:22:04 Public Comment
Deputy Mayor Krauss opened public comment.
2:22:12 Susan Below, Public Comment
Ms. Below of 885 Cokedale Drive spoke regarding encouraging high performance building.
2:26:45 Dan Cape, Public Comment
Mr. Cape 2020 Charlotte Street commends the City at looking at ways to stimulate economic
development. He encourages looking more at objectives.
2:29:15 Brian Popel. Public Comment
Mr. Popel 1401 South Rouse spoke regarding economic development and bringing costs down.
2:30:19 Public Comment closed
Deputy Mayor Krauss closed public comment.
2:30:27 Break
Deputy Mayor Krauss declared a break.
2:49:04 Back to order
Deputy Mayor Krauss called the meeting back to order.
2:49:21 Motion to provisionally adopt Ordinance No. 1853 amending Chapter 2, Article 6,
Division 9, of the municipal code regarding impact fees, to include the change in Section 2.
B. 1. b. replacing "….be reduced to not include up to…." with "….exclude….",
It was moved by Cr. Andrus, seconded by Cr. Taylor to provisionally adopt Ordinance No.
1853 amending Chapter 2, Article 6, Division 9, of the municipal code regarding impact
fees, to include the change in Section 2. B. 1. b. replacing "….be reduced to not include up
to…." with "….exclude….",
2:50:29 Commission Discussion
The Commission discussed spoke regarding maintenance, street impact fee location in the
Ordinance, occupancy, fire impact fees and fire protection, streets and transportation and
deferring fees.
3:03:57 Friendly Amendment to the Motion that staff report back to the Commission with a
proposal to stagger the timing of impact fees, keeping water and sewer under the current
policy, allowing the street impact fee to be collected up to as late as the occupancy, and with
a decision of the best appropriateness of fire, with the expectation that 100% of the fees
would be collected at the latest by occupancy.
A Friendly Amendment was made by Cr. Mehl and agreed upon by Cr, Taylor that staff
report back to the Commission with a proposal to stagger the timing of impact fees,
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keeping water and sewer under the current policy, allowing the street impact fee to be
collected up to as late as the occupancy, and with a decision of the best appropriateness of
fire, with the expectation that 100% of the fees would be collected at the latest by
occupancy.
3:05:00 Commission discussion continued.
The Commission discussed a cap on fees, updating of the Ordinance, timing of impact fee
studies and the cost of a study.
3:17:02 Amendment to replace Section K. Updating of impact fee information, the wording
in 2. "….at least once every five fiscal years" to "….at least once every four fiscal years"
with the clarification that the Request For Proposals (RFP) has to go out before the 4 years
is up).
It was moved by Cr. Mehl, seconded by Cr. Andrus to replace Section K. Updating of
impact fee information, the wording in 2. "….at least once every five fiscal years" to "….at
least once every four fiscal years" with the clarification that the Request For Proposals
(RFP) has to go out before the 4 years is up).
3:17:31 Vote on the Amendment to replace Section K. Updating of impact fee information,
the wording in 2. "….at least once every five fiscal years" to "….at least once every four
fiscal years" with the clarification that the Request For Proposals (RFP) has to go out
before the 4 years is up).
Those voting Aye being Crs. Mehl, Andrus, Taylor and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
3:18:42 Vote on the Main motion as amended to provisionally adopt Ordinance No. 1853
amending Chapter 2, Article 6, Division 9, of the municipal code regarding impact fees, to
include the change in Section 2. B. 1. b. replacing "….be reduced to not include up to…."
with "….exclude….", along with the Friendly Amendment that staff report back to the
Commission with a proposal to stagger the timing of impact fees, keeping water and sewer
under the current policy, allowing the street impact fee to be collected up to as late as the
occupancy, and with a decision of the best appropriateness of fire, with the expectation that
100% of the fees would be collected at the latest by occupancy, as amended.
Those voting Aye being Crs. Andrus, Taylor, Mehl and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
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3:19:02 Economic Development Impact Fee Mitigation Program as an incentive for
targeted business and industry sectors in consideration of Ordinance 1853 (Fontenot)
3:19:12 Commission discussion
The Commission discussed the amount of mills that could be allocated, and economic
development office, incentives, diversity, startup businesses, this being part of the budget
discussion, incentives for green building, the climate and built environments as part of the
picture and grey water systems.
3:43:16 3. Resolution No. 4424, adopting the updated Transportation Impact Fee
Study [also known as a service area report] (continued from December 28th) (Saunders)
3:43:22 Chris Saunders, Assistant Planning Director
Mr. Saunders gave the staff presentation regarding Resolution No. 4424, adopting the updated
Transportation Impact Fee Study [also known as a service area report] (continued from
December 28th).
3:47:36 Commission questions
The Commission and Staff discussed the consultant’s report, intersection costs, design factors,
fixing deficiencies, maintenance, prioritizing funds, specificity and the need to be able to
understand the formula.
4:08:05 Motion to extend the meeting.
It was moved by Cr. Mehl, seconded by Cr. Taylor to extend the meeting.
4:08:52 Discussion on the Motion
The Commission discussed taking public comment and when to complete a decision on the
impact fees.
4:10:28 Vote on the Motion to extend the meeting.
Those voting Aye being Cr. Mehl, Taylor and Andrus.
Those voting No being Deputy Mayor Krauss.
The motion passed 3-1.
4:11:34 Public Comment
Deputy Mayor Krauss opened public comment.
4:11:42 Kevin Cook, Public Comment
Mr. Cook of North 15th Avenue. spoke regarding putting a bond before the voters.
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4:13:28 Rob Evans, SWMBIA Public Comment
Mr. Evans the former President of SWMBIA spoke regarding the level of complexity of impact
fees and being held to a business model.
4:16:59 Nathan Albrecht, Public Comment
Mr. Albrecht of 47 north 25th Avenue spoke regarding how transportation affects commercial
more than residential and the 60%-100% level of fees.
4:18:15 Don Cape, Public Comment
Mr. Cape of 2020 Sharpa Street spoke regarding the expense of impact fees and spoke regarding
impact fee credits and abatements.
4:20:40 Public comment closed
Deputy Mayor Krauss closed public comment.
4:20:53 Motion to open and continue the approval of Resolution No. 4424, adopting the
updated Transportation Impact Fee Study to Monday, February 4, 2013.
It was moved by Cr. Mehl, seconded by Cr. Taylor to open and continue the approval of
Resolution No. 4424, adopting the updated Transportation Impact Fee Study to Monday,
February 4, 2013.
4:23:46 The motion was not voted on but all Commissioners verbally agreed to move this item.
4:23:53 5. Appointment to the Downtown Tax Increment Finance (TIF) Board
(Brunckhorst)
This item will be moved to a future agenda where the Mayor will be present at.
4:24:46 H. FYI/Discussion
4:25:50 4. Resolution No. 4431, Amending Fiscal Year 2013 General fund Budget for
Fair Housing and Montana Municipal Interlocal Authority Settlement Payments
(Rosenberry)
4:25:59 Anna Rosenberry, Director of Administrative Services
Ms. Rosenberry gave the staff presentation regarding Resolution No. 4431, Amending Fiscal
Year 2013 General fund Budget for Fair Housing and Montana Municipal Interlocal Authority
Settlement Payments.
4:27:13 Commission Questions.
The Commission and Staff discussed the internal financing, refinancing GO bonds, comparisons
and a CAP and restoration of the fund.
4:31:37 Public Comment
Deputy Mayor Krauss opened public comment.
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No person commented.
Deputy Mayor Krauss closed public comment.
4:31:44 Motion and Vote to approve Resolution No. 4431, amending Fiscal Year 2013
general fund budget for Fair Housing and Montana Municipal Interlocal Authority
Settlement Payments.
It was moved by Cr. Mehl, seconded by Cr. Andrus to approve Resolution No. 4431,
amending Fiscal Year 2013 general fund budget for Fair Housing and Montana Municipal
Interlocal Authority Settlement Payments.
Those voting Aye being Crs. Mehl, Andrus, Taylor and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
4:32:43 Adjourned
Deputy Mayor Krauss adjourned the meeting at 10:27 p.m.
____________________________________
Jeffrey K. Krauss, Deputy Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________
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