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HomeMy WebLinkAbout04-01-13 Minutes Page 1 of 9 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) 15 Minutes of the Bozeman City Commission, April 1, 2013 Page 2 of 9 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) 16 Minutes of the Bozeman City Commission, April 1, 2013 Page 3 of 9 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 17 Minutes of the Bozeman City Commission, April 1, 2013 Page 4 of 9 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. 18 Minutes of the Bozeman City Commission, April 1, 2013 Page 5 of 9 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. 19 Minutes of the Bozeman City Commission, April 1, 2013 Page 6 of 9 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. 20 Minutes of the Bozeman City Commission, April 1, 2013 Page 7 of 9 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. 21 Minutes of the Bozeman City Commission, April 1, 2013 Page 8 of 9 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 22 Minutes of the Bozeman City Commission, April 1, 2013 Page 9 of 9 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 ___________________________ 23