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HomeMy WebLinkAbout01-28-2013 Minutes, City Commission C, MINUTES OF T14E SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 28,2013 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. Tay1or to authorize the absence of Mayo Becker. Those voting Ave bein Crs. Andrus, Talor,-Mehl and Depu!j Ma or Those votine No beinF_none. The motion passed 4-0. 0:1.0:42 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) Page 1 of 10 Minutes of the Bozeman City Commission,January 28,2013 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 asof December 31, 2012 (Oark) 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) G. Approve Resolution No.4429,annexing 6.66 acres located at 5200 Durston Road and authorize City Manager to sign the Agreement for the�hristenot Annexation, Application Ar11QO1 (Ri|ey) 7. Approve Resolution No.4430, annexing 3 acres located south ofDurcknn Road and East uf Valley Drive and authorize City Manager to sign the Agreement for the Leep Annexation,Application ArI2OO1 (Ri|ey) 8. Provisionally Adopt Ordinance No. 1847, establishing an initial zoning designation mfR-S for Tract B-1A of Certificate of Survey No. 2392B and adjacent right-of-way for Application Z'1Z056, Dhton Zone Map Amendment(Ske[1um) 9. Provisionally Adopt Ordinance No. 1Q54, establishing an initial zoning designation ofR-4 on the 6.66 acre tract known as the Christenot Zone Map Amendment in conjunction with annexation,Zoning Application Z-1117O(KUev) 10. Provisionally Adopt Ordinance No. 1Q55, establishing an initial zoning designation mfR-3 om the 2.8 acre tract known as the Leep Zone Map Amendment im conjunction vvith annexation,Zoning Application Z-12O44 (RUey) 11. Finally Adopt Ordinance No. 1846, establishing zoning of0'3(Centra| Business District) on the 2.8751 acre tract known as the South Wallace Zone Map Amendment, Application Z-12122 (Ri|ey) 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 (Kuku|sN) 13. Finally Adopt Ordinance 1Q51, amending the Municipal Code bv replacing all references to the Department uf Public Service with Department nf Public Works and replacing references to the Director nfPublic 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 Kznuoa closed public comment. 0-11:06 Motion and Vote to approve Consent Items D, &-13. lt was moved by Cr. Taylor, seconded by Cr..Mehl to approve Consent Items D. 1-13. Those voting Ale being Crs. Talor, MehI, Andrus and Deput .y Mayor Krauss. Those voting No being none. The motion passed 4-0. Page 2of1U Minutes of the Bozeman City Commission,January 28,2013 0:11:22 E. Public Comment Deputy Mayor Krauss opened public comment. 0:I 1:5 7 Steve Kirch ►[L Public Comment Mr. Kirchoff of 516 South 6th spoke regarding Impact Fee calculations and Tnsensitives. 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. Page 3 of 10 Minutes of the Bozeman City Commission,January 28,2013 0:44:00'Gary Gullikson, Public Comment Mr. Gullikson of 404 South Church spoke on behalf of himself, Salal Flubert 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-rive 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 he 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 A49 pt Ordinance No. 1859, authorizing the City Manager to execute a document disclaimin,%all interest in and to real property described as a twenty-rive foot by one hundred-fifty foot strip of land on the westerly located at 323 South Wallace Avenue, and that the second portion of property readin-g 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 Ave 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) Page 4 of 10 Minutes of the Bozeman City Commission,January 2'8,2013 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, 1:12:45 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. 1:45:44 Public Comment Deputy Mayor Krauss opened public comment. 1:45:23 Kevin Cook, Public Comment Mr. Cook of 1276 North l5th 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 Eo pe I Public Comment Mr, Popel of 1411 South Rouse spoke regarding change and timing. Ile 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 1:50A9 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. Page 5 of 10 Minutes of the Bozeman City Commission,January 28,2013 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 C— ape, 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. Pop,el 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....11, 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 Friendl y 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, Page 6 of 10 Minutes of the Bozeman City Commission,January 28,2013 keeping water and sewer under the current polic3L, 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 fRFP) has to F_o 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 Ma or 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 An being Crs. Andrus, Taylor, Mehl and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. Page 7 of 10 Minutes of the Bozeman City Commission,January 28,2013 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 pall 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 beine Cr. Mehl, T#3:lor 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. Page 8 of 10 Minutes of the Bozeman City Commission,January 28,2013 4:13.28 Rob Evans,SWMBL4 Public Coniment 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 t o o pen 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. Page 9 of 10 Minutes of the Bozeman City Commission,January 28,2013 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, amendin,g,Fiscal Year 2013,general fund budget for Fair HousinIz 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. ley auss—, deputy Mayor ATTEST: Stacy U It, I "City Clerk PREP I r S tjlla � CM C erk A p pro 0 Page 10 of 10