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HomeMy WebLinkAbout02-04-2013 Minutes, City Commission so 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 llall at 121 North. Rouse on Monday, February 4, 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, 1.21 North Rouse 0:00:17 B. Pledge of Allegiance and a Moment of Silence 0:00:45 C. Changes to the Agenda None. 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 mowed by Cr. Taylor, seconded by Cr. Mehl to authorize the absence of Commissioner Andrus. Those voting A e being Crs. Taylor, Mehl Krauss and Ma or Becker. Those voting No being none. The motion passed 4-0. 0:02:14 F. Minutes -January 14, 201.3 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 aUprove the minutes of JanuaEy 14 2013 as submitted. 1 of 12 Minutes of the Bozeman City Commission, February 4, 2013 Those voting A le 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) 1 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 C'I'A 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 votin11 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. Mr. Gallick responded 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 based on comments made by the Commission last week, he feels the Commission has been misinformed. 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. 2 of 12 Minutes of the Bozeman City Commission, February 4, 2013 0:06:53 Roo Evans, Pudic 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 1. Action Items 0:09:27 1. Pine Meadows Annexation Request at 310 Valley Drive,Application A-12007 (Riley) 0:09:51 Doug Riley, Comm-unity 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 re regnfing Applicant and propert, owner V 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. 0:1.9:42 Mayor Becker Mayor Becker asked questions of the applicant representative. 0.21:50 Public Comn-nent Mayor Becker opened public comment on this item. 0:22:04 Deb Stater, Puhlic Comment Ms. Stober of 395 Valley Drive said she had emailed 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, 3 of 12 Minutes of the Bozeman City Commission, February 4, 2013 O�.32:57 Motion that based upon the analysis and findings in the Staff Re Port, and after consideration of public comment, I move to approve Annexation A-12007,with the 12 recommended terms of annexation listed on Pa es 2-4 of the Staff Report, and direct staff to prepare an annexation agreement for signature by the parties. It was moved b 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 Pap,�es 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),strikin "other habitable development occurs an here 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 existin 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 existinp,structure" and revising term of annexation 4d) striking "other habitable development occurs an here on the annexed parcel" and replacing with '*hen water mains are within 200 feet of the existine 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 anatysis and findings in the Staff Report, and after consideration of public comment, I move to aj2prove 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 b the parties 4 of 12 Minutes of the Bozeman City Commission, February 4, 2013 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 replacin2 with "when water mains are within 200 feet of the existing,structure." Those voting Ave 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-122'98 (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 Engt:neering on Behalf eLthe Applicant and the Pro ert 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. Gal lick 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-L 1:14:17 Cind I 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. 5 of 12 Minutes of the Bozeman City Commission, February 4, 2013 1:15:55 'Gra Kindsch& 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. Sto r of 395 Valley Drive spoke in opposition to the addition of Vil lard 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-I 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-I zoning be put into place. 1:29-29 The Commission began questions for staff. 1:31:37 Motion that based upon the analysis and findinp_s 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. 'Tayfor 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 pa e 2 of the Staff Report and direct staff to prepare an ordinance for the map amendment. 1:32:36 Commission discussion on the motion. 6 of 12 Minutes of the Bozeman City Commission, February 4, 2013 1:33:37-Amendment to the main motion to change the R-3 Zoning for 'cast more than a half acre at the northern end to R-2. It was moved b3: Cr. Mehl to amend the main motion to change the R-3 Zoning-for jus 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 ro per be zoned R-I with all four confineencies. It was moved b3: Cr. Taylor, seconded by Cr. Mehl to amend the main motion that the subject property be zoned R-I 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 onfiehalf of the Applicant Mr. Budeski requested a break to attempt to call the applicant to ask whether they would be amenable to R-I 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 hehalLof the gpplicant 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 !&the applicant and staff. It was moved bj Cr. Mehl, seconded b Cr. Tallor to continue this itcm to a future date to be established by the applicant and staff. 1 :55:45 Commission discussion. 7 of 12 Minutes of the Bozeman City Commission, February 4, 2013 2:01:33 Cr. Taylor Cr. Taylor responded to a public comment received today via email that said Cr. Taylor should recces 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, 20113 It was moved by Cr. Mehl, seconded !& Cr. T#11or to make a friendl y 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 votiny,Aye being Crs. Mehl, Taylor, Krauss and Manor Becker. Those voting No being none. The motion passed 4-0. 2:04:58 3. Town & Country Foods Campus Sqluare Signage Zoning Variance Request for 1607-1611 South 11th Avenue, Application C-13001 (Quasi-Judicial) (Brekke-) 105:01. Allyson Brekke, Community Development Planner Ms. Brekke provided the staff presentation on this item. 2:08:55 David Breck with Bridger Brewing,Applican 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 prescnted, 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 ap variance to Section prove the zonina 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. lie also spoke regarding the high traffic area of the neighborhood with a lot 8 of 12 Minutes of the Bozeman City Commission, February 4, 2013 of food traffic from the University right next door. Ile 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 a livable code provisions. Those voting Aye being Crs. Krauss M ,Taylor, Mehl and M or Becker. Those voting No being none. The motion passed 4-0. 2:1430 4. Resolution Noo. 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 Aferissa Sherkenney,PuNic 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 AthrecN,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-Rise 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 5 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, 9 of 12 Minutes oft e Bozeman City Commission., February 4, 2013 2:28:26 Allan Hathaway, fuhlic.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. 234:40 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, ,eve Ly 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, Tgj1or and Ma or Becker. Those voting No being none. The motion passed 4-0. 2:59:50 Motion to amend the main motion to sgj 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 percenta ge 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 Ave being Cr. Krauss. Those voting.No being Cr. Mehl, Taylor and Ma or Becker. The motion failed 1-3. 10 of 12 Minutes of the Bozeman City, Commission, February 4, 2013 3:49:41 Vote on the main motion as amended to approve Resolution No. 4424, adopting the Updated Transportation Impact Fee Study striking eve Ly 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 Ma oral appointment of Shannon Haish as a non- voting member to the Downtown Tax Increment Finance Board. It was moved by Cr. Krauss, seconded b Cr. Mehl to confirm the Mayoral appointment of Shannon Haish as a non-votinst member to the Downtown Tax Increment Finance Board. Those voting A n Mehl, Tgylor, and Mayor Becker. le bei F_Crs. Krauss, Those votine 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 A Krauss, Mehl and Mayor Becker. ae being Crs. Taylor, '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. Tallor, 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. (Rc)Appointments to the Economic Development Council 3:51 :52 Motion and Vote to reappoint Tracy_Mcnuez and CheLyl Rid le to the Economic Development Council. It was moved by Cr. Krauss, seconded by Cr. Taylor to reappoint Trac_V Menuez and Cheryl Ri gley to the Economic Development Council . 11 of 12 Minutes of the Bozeman City Commission, February 4, 2013 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 Adviso 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 ATTEST-"'�' Sean A. Becker, Mayor 'Sean ""*yn, M PA Stacy C, Clity Clerk PREPARED BY: 4M za run A4imetrunckkorst,,Deputy ity Clerk , �pi Approved �i toy 12 of 12