HomeMy WebLinkAbout02-04-13 Minutes1 of 12
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 4, 2013
**********************
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, January 7, 2013. Present were Mayor Sean Becker, Commissioner Jeff
Krauss, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski,
City Attorney Greg Sullivan and Deputy City Clerk Aimee Brunckhorst.
0:00:13 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse
0:00:17 B. Pledge of Allegiance and a Moment of Silence
0:01:01 D. Public Service Announcements
0:01:01 1. The February 11th City Commission meeting will start early at 2 p.m.
0:01:01 Aimee Brunckhorst, Deputy City Clerk
Ms. Brunckhorst provided the above announcement.
0:01:41 E. Authorize Absence of Commissioner Andrus
0:01:42 Motion and Vote to authorize the absence of Commissioner Andrus.
It was moved by Cr. Taylor, seconded by Cr. Mehl to authorize the absence of
Commissioner Andrus.
Those voting Aye being Crs. Taylor, Mehl, Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:02:14 F. Minutes - January 14, 2013 Minutes
0:02:14 Motion and Vote to approve the minutes of January 14, 2013 as submitted.
It was moved by Cr. Mehl, seconded by Cr. Krauss to approve the minutes of January 14,
2013 as submitted.
4
Minutes of the Bozeman City Commission, February 4, 2013
2 of 12
Those voting Aye being Crs. Mehl, Krauss, Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:02:17 G. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign a Grant Contract with the National Trust for
Historic Preservation for the Structural Analysis of the Northern Pacific Railway
Passenger Depot at 820 Front Street (Kramer)
3. Authorize City Manager to sign a Professional Services Agreement with CTA
Architects and Engineers to execute a Structural Analysis of the Northern Pacific
Railway Passenger Depot at 820 Front Street (Kramer)
4. Approve Depository Bonds and Pledged Securities as of December 31, 2012
(Clark)
5. Provisionally Adopt Ordinance No. 1858 authorizing City Manager to enter into a
5-year ground lease with Robert Marx for the lease of property at the Sunset Hills
Cemetery for the purpose of farming (Woolard)
6. Approve letter to Senator Baucus regarding Water Infrastructure Finance and
Innovation Act Pilot Program Legislation (Woolard)
0:02:18 Public comment on consent
Mayor Becker opened public comment on consent. No person commented, Mayor Becker closed
public comment.
0:02:40 Motion and Vote to approve Consent items G. 1-6 as submitted.
It was moved by Cr. Krauss, seconded by Cr. Taylor to approve Consent items G. 1-6 as
submitted.
Those voting Aye being Crs. Krauss, Taylor, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:02:59 H. Public Comment
Mayor Becker opened general public comment.
0:03:16 Brian Gallick, Public Comment
Mr. Gallick of 35 Grand Avenue spoke regarding last week's public hearing regarding Jeff and
Kathy Ball responding to comments made by the City Commission after public comment. Mr.
Gallick said he would be submitting a letter stating the history of the alley issue as he feels the
Commission has been misinformed based on their comments.
0:04:31 Dean Center, Public Comment
Mr. Center of 120 North 19th referenced a Department of Justice report that says the cost per
person for criminal justice services goes up as the population goes up and also mentioned a
report about criminal justice from South Dakota.
5
Minutes of the Bozeman City Commission, February 4, 2013
3 of 12
0:06:53 Rob Evans, Public Comment
Mr. Evans with the Southwest Montana Building Industry Association spoke regarding the
transportation impact fee study and the related policy considerations. He urged the Commission
to balance economic and environmental sustainability and to remember that there are simpler
ways to fund infrastructure than impact fees to achieve the thriving eco-system that we want.
0:09:10 Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
0:09:26 I. Action Items
0:09:27 1. Pine Meadows Annexation Request at 310 Valley Drive, Application A-12007
(Riley)
0:09:51 Doug Riley, Community Development Planner
Mr. Riley provided the staff presentation on this item.
0:15:34 The Commission began questions of staff.
0:17:36 Chris Budeski representing Applicant and property owner
Mr. Budeski of Madison Engineering provided a presentation on behalf of the applicant and
property owner saying they would like to request a change in staff conditions of 2.e and 4.e.
which says any development that would happen on the property would trigger connection of the
house to water and sewer at that time. The existing house is on the southern portion of the
property. Mr. Budeski would request that the connection to sewer and water happen when those
lines are adjacent to the existing structure.
0:19:42 Mayor Becker
Mayor Becker asked questions of the applicant representative.
0:21:50 Public Comment
Mayor Becker opened public comment on this item.
0:22:04 Deb Stober, Public Comment
Ms. Stober of 395 Valley Drive said she had emailed in to the City a protest signed by folks in
the neighborhood to the annexation and zone map amendment. She said they are not opposed to
annexation, but are not in agreement with staff condition 12 requiring that Villard come across
the land. That is not a road dedication of the subdivision and would be in violation of the
subdivision covenants.
0:25:13 Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
0:25:25 Cr. Mehl
Cr. Mehl asked questions of staff.
0:25:26 Doug Riley, Department of Community Development
Mr. Riley responded to the public comment about West Villard Road.
6
Minutes of the Bozeman City Commission, February 4, 2013
4 of 12
0:32:57 Motion that based upon the analysis and findings in the Staff Report, and after
consideration of public comment, I move to approve Annexation A-12007, with the 12
recommended terms of annexation listed on Pages 2-4 of the Staff Report, and direct staff
to prepare an annexation agreement for signature by the parties.
It was moved by Cr. Taylor, seconded by Cr. Mehl that based upon the analysis and
findings in the Staff Report, and after consideration of public comment, I move to approve
Annexation A-12007, with the 12 recommended terms of annexation listed on Pages 2-4 of
the Staff Report, and direct staff to prepare an annexation agreement for signature by the
parties.
0:33:47 Mayor Becker
Mayor Becker queried the city attorney regarding the voting requirements for this item.
0:33:54 Greg Sullivan, City Attorney
Mr. Sullivan explained the protest provisions would not be applicable in the annexation of the
property.
0:34:08 Cr. Krauss
Cr. Krauss asked further questions about the protestation provided.
0:34:40 Cr. Taylor
Cr. Taylor provided arguments in favor of annexing the subject property.
0:35:26 Amendment and Vote to the main motion to revise term of annexation 2d) striking
“other habitable development occurs anywhere on the annexed parcel” and replacing that
with “when sewer mains are within 200 feet of the existing structure” and revising term of
annexation 4d) striking “other habitable development occurs anywhere on the annexed
parcel” and replacing with “when water mains are within 200 feet of the existing
structure”.
It was moved by Cr. Taylor, seconded by Cr. Mehl to amend the main motion to revise
term of annexation 2d) striking “other habitable development occurs anywhere on the
annexed parcel” and replacing that with “when sewer mains are within 200 feet of the
existing structure” and revising term of annexation 4d) striking “other habitable
development occurs anywhere on the annexed parcel” and replacing with “when water
mains are within 200 feet of the existing structure”.
Those voting Aye being Crs. Taylor, Mehl, Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:36:57 Discussion on the main motion.
0:44:28 Vote on the motion as amended that based upon the analysis and findings in the
Staff Report, and after consideration of public comment, I move to approve Annexation A-
12007, with the 12 recommended terms of annexation listed on Pages 2-4 of the Staff
Report, and direct staff to prepare an annexation agreement for signature by the parties
7
Minutes of the Bozeman City Commission, February 4, 2013
5 of 12
with the amendment that to revise term of annexation 2d) striking "other habitable
development occurs anywhere on the annexed parcel”and replacing that with “when sewer
mains are within 200 feet of the existing structure" and revising term of annexation 4d)
striking “other habitable development occurs anywhere on the annexed parcel” and
replacing with "when water mains are within 200 feet of the existing structure."
Those voting Aye being Crs. Taylor, Mehl, Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:44:45 2. Pine Meadows Zone Map Amendment Request at 310 Valley Drive,
Application Z-12298 (Riley)
0:44:49 Doug Riley, Planner in the Department of Community Development
Mr. Riley provided the staff presentation on this item.
0:49:26 Greg Sullivan, City Attorney
Mr. Sullivan explained the voting procedures for this item.
0:51:30 Doug Riley, Planner in the Department of Community Development
Mr. Riley continued the staff presentation.
0:53:08 Cr. Mehl
Cr. Mehl began questions for staff.
1:02:22 Chris Budeski, Madison Engineering on Behalf of the Applicant and the Property
Owner
Mr. Budeski provided the applicant presentation on this item explaining why the applicant
requested the proposed zoning designation. He also spoke regarding comments made regarding
covenants and the existing structure on the property.
1:06:45 Cr. Mehl began questions for the applicant.
1:08:29 Mayor Becker
Mayor Becker continued questions of the applicant.
1:11:46 Public Comment
Mayor Becker opened public comment on this item.
1:11:56 Brian Gallik, Public Comment
Mr. Gallick of 35 North Grand Avenue spoke on behalf of the residents who live in the Smith
subdivision. He explained that the residents are not opposed to the annexation of the property but
do not want the commission to approve the zoning designation requested, but would rather the
zoning was designated R-1.
1:14:17 Cindy Kindschi, Public Comment
Ms. Kindschi of 505 Valley Drive, spoke in opposition of the zoning requested and said that R-1
zoning would be more appropriate.
8
Minutes of the Bozeman City Commission, February 4, 2013
6 of 12
1:15:55 Greg Kindschi, Public Comment
Mr. Kindschi of 505 Valley Drive opposes R-2 and R-3 zoning for this application feeling the
zoning should be R-1 and provided details for his argument.
1:17:23 Kim McFee, Public Comment
Ms. McFee of 549 Valley Drive, opposes the proposed R-3 zoning and said she is concerned
about a decline in property values and increased crime.
1:18:15 Sam Powell, Public Comment
Mr. Powell of 315 Valley Drive said the duplex across the street is illegal as it has always been a
home. They are concerned that a bunch of duplexes will attract partiers. Mr. Powell would ask
the Commission to consider zoning the property for single family housing.
1:19:50 Therese Burr, Public Comment
Ms. Burr of 301 Valley Drive spoke in opposition of R-2 and R-3 zoning and would ask that the
city commission zone the property R-1.
1:21:13 Mr. Wolfe, Public Comment
Mr. Wolfe of 815 Rifle Road spoke in opposition of R-2 and R-3 zoning for this property.
1:23:59 Deb Stober, Public Comment
Ms. Stober of 395 Valley Drive spoke in opposition to the addition of Villard going through the
property saying the intersections of Babcock and Durston are already unsafe and do not need the
addition of more traffic. She spoke regarding the covenants and said anything other than R-1 will
lower property values.
1:28:05 Jeff Jackson, Public Comment
Mr. Jackson of 123 Valley Drive provided arguments in opposition to the requested R-2 and R-3
zoning and asked that R-1 zoning be put into place.
1:29:29 The Commission began questions for staff.
1:31:37 Motion that based upon the analysis and findings in the Staff Report, and after
consideration of public comment and the recommendation of the Zoning Commission, I
move to approve the zone map amendment request for R-3 on 0.58 acres and R-2 on 3.44
acres as proposed with the 4 recommended contingencies listed on page 2 of the Staff
Report and direct staff to prepare an ordinance for the map amendment.
It was moved by Cr. Mehl, seconded by Cr. Taylor that based upon the analysis and
findings in the Staff Report, and after consideration of public comment and the
recommendation of the Zoning Commission, I move to approve the zone map amendment
request for R-3 on 0.58 acres and R-2 on 3.44 acres as proposed with the 4 recommended
contingencies listed on page 2 of the Staff Report and direct staff to prepare an ordinance
for the map amendment.
1:32:36 Commission discussion on the motion.
9
Minutes of the Bozeman City Commission, February 4, 2013
7 of 12
1:33:37 Amendment to the main motion to change the R-3 Zoning for just more than a half
acre at the northern end to R-2.
It was moved by Cr. Mehl to amend the main motion to change the R-3 Zoning for just
more than a half acre at the northern end to R-2.
1:34:43 The amendment to the main motion died for lack of a second.
1:34:59 Further commission discussion on the main motion.
1:38:55 Amendment to the main motion that the subject property be zoned R-1 with all
four contingencies.
It was moved by Cr. Taylor, seconded by Cr. Mehl to amend the main motion that the
subject property be zoned R-1 with all four contingencies.
1:39:29 Discussion on the amendment to the motion.
1:39:39 Greg Sullivan, City Attorney
Mr. Sullivan explained that the municipal code requires that the commission wait a minimum of
one week to adopt a different zoning than what was requested by the applicant to allow the
applicant to protest. The petition from the neighbors would no longer be valid for R-1 zoning.
1:40:44 Mayor Becker
Mayor Becker confirmed that if the applicant were to concur with the zoning tonight, the
decision could go forward tonight.
1:42:29 Chris Budeski, on behalf of the Applicant
Mr. Budeski requested a break to attempt to call the applicant to ask whether they would be
amenable to R-1 zoning.
1:42:49 Break
Mayor Becker called for a break.
1:55:00 Back from Break
Mayor Becker called the meeting back to order.
1:55:04 Mr. Budeski, on behalf of the applicant
Mr. Budeski explained that the applicant would like several weeks to discuss the zoning
proposed by the Commission.
1:55:33 Motion to continue this item to a future date to be established by the applicant and
staff.
It was moved by Cr. Mehl, seconded by Cr. Taylor to continue this item to a future date to
be established by the applicant and staff.
1:55:45 Commission discussion.
10
Minutes of the Bozeman City Commission, February 4, 2013
8 of 12
2:01:33 Cr. Taylor
Cr. Taylor responded to a public comment received today via email that said Cr. Taylor should
recues himself from the vote on this item because he had voted against townhouses on the Story
Mansion property that the commenter said was across the street from his property. Cr. Taylor
responded that his property was not across the street from the Story Mansion, that he never voted
on townhouses on the Story Mansion property and he does not believe a prior commission voted
on that either. He would ask that if a person provides public comment make sure your facts are
accurate.
2:02:45 Doug Riley
Mr. Riley said that when there is not a date certain for continuing an item, noticing to the public
becomes difficult.
2:03:33 Friendly amendment to the main motion to continue this item to February 25, 2013.
It was moved by Cr. Mehl, seconded by Cr. Taylor to make a friendly amendment to his
motion to continue this item to February 25, 2013.
2:04:15 Vote on the motion to continue this item to February 25, 2013.
Those voting Aye being Crs. Mehl, Taylor, Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
2:04:58 3. Town & Country Foods Campus Square Signage Zoning Variance Request
for 1607-1611 South 11th Avenue, Application C-13001 (Quasi-Judicial) (Brekke)
2:05:01 Allyson Brekke, Community Development Planner
Ms. Brekke provided the staff presentation on this item.
2:08:55 David Breck with Bridger Brewing, Applicant
Mr. Breck said the signage around the building is appropriate.
2:10:20 Public Comment
Mayor Becker opened public comment on this item. Seeing none, he closed public comment.
2:10:31 Motion that having reviewed application materials and all the information
presented, I hereby adopt the findings presented in the staff report for application C-13001
and move to approve the zoning variance to Section 38.28.060.A.2 with conditions and
subject to all applicable code provisions.
It was moved by Cr. Krauss, seconded by Cr. Taylor that having reviewed application
materials and all the information presented, I hereby adopt the findings presented in the
staff report for application C-13001 and move to approve the zoning variance to Section
38.28.060.A.2 with conditions and subject to all applicable code provisions.
2:10:57 Cr. Krauss
Cr. Krauss made findings on the motion saying there are unique conditions of the property as it is
an adaptive re-use. He also spoke regarding the high traffic area of the neighborhood with a lot
11
Minutes of the Bozeman City Commission, February 4, 2013
9 of 12
of food traffic from the University right next door. He also finds that this code variance is in the
spirit of this title.
2:13:42 Cr. Taylor
Cr. Taylor spoke further to the findings of the motion.
2:14:09 Vote on the motion that having reviewed application materials and all the
information presented, I hereby adopt the findings presented in the staff report for
application C-13001 and move to approve the zoning variance to Section 38.28.060.A.2 with
conditions and subject to all applicable code provisions.
Those voting Aye being Crs. Krauss, Taylor, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
2:14:30 4. Resolution No. 4424, adopting the updated Transportation Impact Fee Study
[also known as a service area report] (continued from December 28th and January 28th)
(Saunders)
2:14:36 Craig Woolard, Director of Public Works
Mr. Woolard provided the staff memorandum provided today on this item.
2:18:07 Commission questions for staff.
2:21:27 Public Comment
Mayor Becker opened public comment.
2:21:35 Merissa Sherkenney, Public Comment
Ms. Sherkenney of 93 Maverick Trail spoke regarding her efforts to start a day care business and
is looking for at purpose building. She recently received word that the transportation impact fee
she would be faced with would be about $37,000 which is equal to about 12% of the total
building cost and equal to her start up costs.
2:22:58 Nathan Albrecht, Public Comment
Mr. Albrecht of 47 North 25th Ave., is the current President of SWMBIA and spoke on behalf of
the organization. He spoke regarding hardship caused by the city’s transportation impact fee. The
people building new homes should be assessed the full amount of the impact fees for improving
intersections. Tischler-Bise pointed out that at minimum, impact fees should only pay a portion
of projects not 100% of the cost of projects. If this is adopted, he would recommend that only
60% of the fee be implemented.
2:25:23 Mr. Wolfe, Public Comment
Mr. Wolfe of 1815 Rifle Road spoke regarding everyone sharing the burden of driving on our
roads. Mr. Wolfe would ask that the Commission consider a transportation impact fee of no more
than 10% and look at another fee such as road maintenance to cover costs.
12
Minutes of the Bozeman City Commission, February 4, 2013
10 of 12
2:28:26 Allan Hathaway, Public Comment
Mr. Hathaway on the Board of Director of the Southwest Montana Building Industry spoke to
the study.
2:29:02 Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
2:29:07 Commission Discussion.
2:34:40 Chris Saunders, Community Development Planner
Mr. Saunders provided clarification on the questions related to combining retail and fast food
into one category.
2:38:46 Motion to approve Resolution No. 4424, adopting the Updated Transportation
Impact Fee Study.
It was moved by Cr. Mehl, seconded by Cr. Krauss to approve Resolution No. 4424,
adopting the Updated Transportation Impact Fee Study.
2:39:10 Discussion on the motion.
2:43:04 Motion to amend the main motion to strike in the revised draft of Resolution 4424
every word after adopted.
It was moved by Cr. Mehl, seconded by Cr. Krauss to strike every word after adopted in
the revised draft of Resolution 4424.
2:59:33 Vote on the Amendment to the main motion to strike in draft resolution 4424 every
word after adopted by stricken.
Those voting Aye being Crs. Mehl, Krauss, Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
2:59:50 Motion to amend the main motion to say that the percentage of the fee shall be
60% of the amount calculated.
It was moved by Cr. Mehl, seconded by Cr. Krauss to amend the main motion to say that
the percentage of the fee shall be 60% of the amount calculated.
3:00:30 Discussion on the amendment.
3:44:15 Vote on the amendment to the main motion that the percentage of the fee shall be
60% of the amount calculated.
Those voting Aye being Cr. Krauss.
Those voting No being Cr. Mehl, Taylor and Mayor Becker.
The motion failed 1-3.
13
Minutes of the Bozeman City Commission, February 4, 2013
11 of 12
3:49:41 Vote on the main motion as amended to approve Resolution No. 4424, adopting the
Updated Transportation Impact Fee Study striking every word after the word adopting.
Those voting Aye being Crs. Mehl, Taylor and Mayor Becker.
Those voting No being Cr. Krauss.
The motion passes 3-1.
3:50:20 5. Appointment to the Downtown Tax Increment Finance (TIF) Board
(Brunckhorst)
3:50:21 Motion and Vote to confirm the Mayoral appointment of Shannon Haish as a non-
voting member to the Downtown Tax Increment Finance Board.
It was moved by Cr. Krauss, seconded by Cr. Mehl to confirm the Mayoral appointment of
Shannon Haish as a non-voting member to the Downtown Tax Increment Finance Board.
Those voting Aye being Crs. Krauss, Mehl, Taylor, and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
3:51:00 6. (Re)Appointments to the City Planning Board (Brunckhorst)
3:51:05 Motion and Vote to reappoint Adam Fruh and Trever McSpadden to the Planning
Board.
It was moved by Cr. Taylor, seconded by Cr. Krauss to reappoint Adam Fruh and Trever
McSpadden to the Planning Board.
Those voting Aye being Crs. Taylor, Krauss, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
3:51:21 Motion and Vote to appoint George Thompson to the Planning Board.
It was moved by Cr. Taylor, seconded by Cr. Mehl to appoint George Thompson to the
Planning Board.
Those voting Aye being Crs. Taylor, Mehl, Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
3:51:51 7. (Re)Appointments to the Economic Development Council
3:51:52 Motion and Vote to reappoint Tracy Menuez and Cheryl Ridgley to the Economic
Development Council.
It was moved by Cr. Krauss, seconded by Cr. Taylor to reappoint Tracy Menuez and
Cheryl Ridgley to the Economic Development Council .
14
Minutes of the Bozeman City Commission, February 4, 2013
12 of 12
Those voting Aye being Crs. Krauss, Taylor, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
3:52:59 8. Appointments to the Recreation and Parks Advisory Board (Brunckhorst)
3:53:01 Motion and Vote to appoint Matthew Parson to the Recreation and Parks Advisory
Board.
It was moved by Cr. Taylor, seconded by Cr. Mehl to appoint Matthew Parson to the
Recreation and Parks Advisory Board.
Those voting Aye being Crs. Taylor, Mehl, Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
3:53:39 Greg Sullivan, City Attorney
Mr. Sullivan explained there are a number of bills he has been watching on behalf of the city. If
something critical comes up he will provide an update.
3:53:43 9. 2013 Legislative Session Update / Commission may give direction to Staff on
pending legislation (Kukulski)
3:53:56 Chris Kukulski, City Manager
Mr. Kukulski spoke regarding bills related to the public retirement system. The proposal that is
supported by the League of Cities would cost the city as an employer and employees equally
about $300,000 in additional costs with increases equally.
3:55:17 1. The City commission will be meeting at 3 p.m. next Monday.
3:55:29 J. FYI/Discussion
3:56:27 K. Adjournment
____________________________________
Sean A. Becker, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Aimee Brunckhorst, Deputy City Clerk
Approved on __________________________
15