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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 1, 2013 **********************
The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
April 1, 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.
0:00:03 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Sean Becker called the meeting to order at 6:03 p.m.
0:00:08 B. Pledge of Allegiance and a Moment of Silence
0:00:42 C. Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr.
Kukulski stated no.
0:00:47 E. Minutes – February 4, 2013 and March 18, 2013
0:00:48 Motion and Vote to approve the Minutes from February 4, 2013 and March 18,
2013 as submitted.
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve the Minutes from February
4, 2013 and March 18, 2013 as submitted.
Those voting Aye being Crs. Andrus, Mehl, Taylor Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
0:01:10 F. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
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0:01:16 Public Comment on Consent
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:01:21 Motion and Vote
to approve Consent item F. 1 as submitted
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Consent item F. 1 as
submitted.
Those voting Aye being Crs. Mehl, Taylor, Deputy Mayor Krauss, Cr. Andrus and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
0:01:51 G. Public Comment
Mayor Becker opened general public comment.
No person commented.
Mayor Becker closed general public comment.
0:02:13 D. Public Service Announcement – Clean Up Day, April 20th (Meyer)
City Sustainability Coordinator Natalie Meyer presented a Public Service Announcement
regarding Bozeman Clean up Day to be held on April 20, 2013.
0:05:14 H. Mayoral Proclamation – Mayors Day of Recognition for National Service on
April 9, 2013
Mayor Becker proclaimed April 9, 2013 as the Mayors Day of Recognition for National Service.
0:07:24 I. Special Presentation – Swimming Upstream Awards (Jenna Caplette,
Gallatin County DUI Task Force)
Ms. Caplette presented a Special Presentation regarding the Swimming Upstream Awards. She
highlighted the mission and prior events along with the City's involvement.
0:16:31 J. Action Items
0:16:35 1. Conditional Use Permit and Certificate of Appropriateness application Z-
12290 to allow the operation of the Creekwood Guest House/Vacation Rental at 2421
Creekwood Drive (Riley) (Quasi-judicial, continued from January 14th)
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0:17:10 Doug Riley, Staff Planner
Mr. Riley gave the staff presentation regarding a Conditional Use Permit and Certificate of
Appropriateness application Z-12290 to allow the operation of the Creekwood Guest
House/Vacation Rental at 2421 Creekwood Drive.
0:25:34 Commission Questions for Staff
The Commission and Staff discussed uses, density, zoning designations, enforcement, access,
and the homeowners association.
0:32:37 Applicant Presentation
The applicant spoke regarding the comments by the neighbors and the conditions.
0:34:05 Commission Questions for applicant
The Commission and applicant discussed the conditions, the three year time frame, the history of
the house and compliance.
0:40:45 Public Comment
Mayor Becker opened public comment.
0:40:51 Mark Meyer, Public Comment
Mr. Meyer 2485 Creekwood Drive spoke regarding the Home Owners Association. The letters
and emails that the Commission received reflect the homeowner’s opinions.
0:42:52 Public Comment closed
Mayor Becker closed public comment.
0:42:55 Motion that having reviewed application materials, considered public comment,
and all information presented, I hereby adopt the findings presented in the updated March
21, 2013 staff report for application Z-12290 and move to approve the conditional use
permit and certificate of appropriateness with conditions and subject to all applicable code
provisions.
0:43:29 Commission discussion on the Motion
It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss that having reviewed
application materials, considered public comment, and all information presented, I hereby
adopt the findings presented in the updated March 21, 2013 staff report for application Z-
12290 and move to approve the conditional use permit and certificate of appropriateness
with conditions and subject to all applicable code provisions.
The Commission discussed the property location, the R-1 zoning uses, rentals, the nature of the
City and non-conforming uses.
0:59:47 Amendment to the Main Motion to amend Condition No. 5 and no. 9 as follows:
Condition No. 5, shall have a sentence added to say "If said sign is affixed to the front of
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the structure then is shall contain a contact phone number for the owner". Condition No.
9, shall have the sentence as follows amended to say"…to a different owner or in 2.5 years
(October 1, 2015) whichever occurs first.
1:00:41 Commission discussion on the Motion
It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to amend Condition No. 5
and no. 9 as follows: Condition No. 5, shall have a sentence added to say "If said sign is
affixed to the front of the structure then is shall contain a contact phone number for the
owner". Condition No. 9, shall have the sentence as follows amended to say"…to a
different owner or in 2.5 years (October 1, 2015) whichever occurs first.
The Commission discussed the zoning, concerns, neighbors and the street in the area.
1:04:52 Vote on the Amendment to amend Condition No. 5 and no. 9 as follows: Condition
No. 5, shall have a sentence added to say "If said sign is affixed to the front of the structure
then is shall contain a contact phone number for the owner". Condition No. 9, shall have
the sentence as follows amended to say"…to a different owner or in 2.5 years (October 1,
2015) whichever occurs first.
Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Andrus and Mehl.
Those voting No being Mayor Becker.
The motion passed 4-1.
1:05:08 Vote on the Main Motion
as amended that Having reviewed application materials,
considered public comment, and all information presented, I hereby adopt the findings
presented in the updated March 21, 2013 staff report for application Z-12290 and move to
approve the conditional use permit and certificate of appropriateness with conditions and
subject to all applicable code provisions
Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Andrus and Mehl.
Those voting No being Mayor Becker.
The motion passed 4-1.
1:05:29 2. Certificate of Appropriateness with Deviations Application Z-13017 for the
Schmidt Garage Remodel/Studio Addition at 715 South Grand Avenue (Brekke)
1:06:44 Allyson Brekke, Associate Planner
Ms. Brekke gave the staff presentation regarding the Certificate of Appropriateness with
Deviations Application Z-13017 for the Schmidt Garage Remodel/Studio Addition at 715 South
Grand Avenue.
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1:12:13 Commission Questions for Staff
The Commission and Staff discussed the height and design, the encroachment deviation, the
property line and rear yard setbacks.
1:17:57 Applicant Presentation
The applicant gave the applicant presentation for Certificate of Appropriateness with Deviations
Application Z-13017 for the Schmidt Garage Remodel/Studio Addition at 715 South Grand
Avenue.
1:19:39 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
1:19:49 Motion
that having reviewed application materials, considered public comment,
and all information presented, I hereby adopt the findings presented in the staff report for
application Z-13017 and move to approve the Schmidt Garage Remodel/Studio Addition
Certificate of Appropriateness with Deviations application with conditions and subject to
all applicable code provisions.
It was moved by Deputy Mayor Krauss, seconded by Cr. Andrus that having reviewed
application materials, considered public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application Z-13017 and move to
approve the Schmidt Garage Remodel/Studio Addition Certificate of Appropriateness with
Deviations application with conditions and subject to all applicable code provisions.
1:20:21 Commission discussion
The Commission discussed the re-use in the area.
1:21:22 Vote on the Motion to that having reviewed application materials, considered
public comment, and all information presented, I hereby adopt the findings presented in
the staff report for application Z-13017 and move to approve the Schmidt Garage
Remodel/Studio Addition Certificate of Appropriateness with Deviations application with
conditions and subject to all applicable code provisions.
Those voting Aye being Deputy Mayor Krauss, Crs. Andrus, Mehl, Taylor and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
1:21:37 Break
Mayor Becker declared a break.
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1:21:39 3. Certificate of Appropriateness with Deviations for 524 North Wallace
Avenue, Fulton Remodel, Application Z-13013 (Brekke)
1:21:43 Allyson Brekke, Staff Planner
Ms. Brekke gave the staff presentation regarding Certificate of Appropriateness with Deviations
for 524 North Wallace Avenue, Fulton Remodel, Application Z-13013.
1:26:52 Applicant Presentation
The applicant spoke regarding their application for a Certificate of Appropriateness with
Deviations for 524 North Wallace Avenue, Fulton Remodel, Application Z-13013.
1:27:51 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
1:27:58 Motion
that having reviewed application materials, considered public comment,
and all information presented, I hereby adopt the findings presented in the staff report for
application Z-13013 and move to approve the Fulton Remodel Certificate of
Appropriateness with Deviations application with conditions and subject to all applicable
code provisions.
It was moved by Cr. Andrus, seconded by Cr. Mehl that having reviewed application
materials, considered public comment, and all information presented, I hereby adopt the
findings presented in the staff report for application Z-13013 and move to approve the
Fulton Remodel Certificate of Appropriateness with Deviations application with conditions
and subject to all applicable code provisions.
1:28:26 Commission Discussion on the Motion
The Commission discussed the deviations.
1:29:22 Vote on the Motion that having reviewed application materials, considered public
comment, and all information presented, I hereby adopt the findings presented in the staff
report for application Z-13013 and move to approve the Fulton Remodel Certificate of
Appropriateness with Deviations application with conditions and subject to all applicable
code provisions.
Those voting Aye being Crs. Andrus, Taylor, Mehl, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
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1:29:34 4. Resolution No. 4433, implementing portions of Ordinance 1853 by allowing
for Deferral of Payment of Transportation Impact Fees under defined Conditions and
Terms (Saunders)
1:29:56 Chris Saunders, Assistant Planning Director
Mr. Saunders gave the staff presentation regarding Resolution No. 4433, implementing portions
of Ordinance 1853 by allowing for Deferral of Payment of Transportation Impact Fees under
defined Conditions and Terms.
1:34:43 Commission questions for Staff
The Commission and Staff discussed deferral time frames, timing of the fees being paid for fire
and water, occupancy, conditions, enforcement measures if fees are not paid at the time of
occupancy, building codes, attorney fees and felons.
1:56:25 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
1:56:37 Motion
to approve Resolution No. 4433, implementing portions of Ordinance 1853
by allowing for deferral of payment of transportation impact fees under defined conditions
of terms
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Resolution No. 4433,
implementing portions of Ordinance 1853 by allowing for deferral of payment of
transportation impact fees under defined conditions of terms.
1:56:58 Commission discussion on the Motion
The Commission discussed timing of the fees and attorney fees.
2:05:15 Friendly Amendment to change the word in the second line of section 7 to "…the
City shall "record" instead of "execute" a lien against the property".
2:05:54 Commission discussion continued
A friendly amendment to the Main Motion was made by Cr. Mehl, seconded by Cr. Taylor
to change the word in the second line of section 7 to "…the City shall "record" instead of
"execute" a lien against the property".
2:07:30 Amendment to the Main Motion to amend Section 11. INTEREST, "Interest shall
be charged at the rate of the annual interest the City must borrow at (later clarified) at the
time of default investment of pooled funds for any deferred fees not paid…". Clarification
that this is the 1 Year Intercap Loan Rate at the time of the default.
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2:07:56 Commission discussion continued
It was moved by Cr. Mehl, seconded by Cr. Taylor to amend Section 11. INTEREST,
"Interest shall be charged at the rate of the annual interest the City must borrow at (later
clarified) at the time of default investment of pooled funds for any deferred fees not
paid…". Clarification that this is the 1 Year Intercap Loan Rate at the time of the default.
The Commission spoke regarding the intercap rate.
2:10:16 Vote on the Amendment to the Main Motion to amend Section 11. INTEREST,
"Interest shall be charged at the rate of the annual interest the City must borrow at at the
time of default investment of pooled funds for any deferred fees not paid…". Clarification
that this is the 1 Year Intercap Loan Rate at the time of the default.
Those voting Aye being Crs. Mehl, Taylor, Deputy Mayor Krauss, Cr. Andrus and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
2:10:29 Continued Commission discussion
The Commission and Staff discussed felonies.
2:17:20 Friendly Amendment to the Main Motion that under Section 3, Which projects
qualify for deferral, add a No. 6 "the Obligor is currently serving a sentence for a felony
involving fraud".
2:18:12
It was moved by Cr. Taylor, seconded by Cr. Mehl that under Section 3, Which projects
qualify for deferral, add a No. 6 "the Obligor is currently serving a sentence for a felony
involving fraud".
Vote on the Main Motion as Amended It was moved by Cr. Mehl, seconded by Cr.
Taylor to approve Resolution No. 4433, implementing portions of Ordinance 1853 by
allowing for deferral of payment of transportation impact fees under defined conditions of
terms.
Those voting Aye being Crs. Mehl, Taylor, Deputy Mayor Krauss, Cr. Andrus and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
2:18:44 K. FYI/Discussion
1. Commission picture to be scheduled prior to a Commission meeting
2. Summer vacation schedules to Clerk's Office
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3. “More historical” and “historical” definitions to Cr. Mehl. He wants this explained to
him.
4. Budget Award to Ms. Rosenberry and Team. Congrats!
5. Senator Baucus here at 11 a.m. tomorrow to discuss 2013 Economic Summit
6. GFOA Support Resolution on a Federal issue regarding Municipal Bonds
A majority Commission says put it on a future Consent Agenda
2:26:54 L. Adjournment
Mayor Becker adjourned the meeting at 8:44 p.m.
____________________________________
Sean A. Becker, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________
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