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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 13, 2013
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The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
May 13, 2013. Present were Mayor Sean Becker, Deputy Mayor 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.
0:07:48 A. Call to Order – 6:00 p.m.– Commission Room, City Hall, 121 North Rouse
Mayor Becker called the meeting to order at 6:05 p.m.
0:07:51 B. Pledge of Allegiance and a Moment of Silence
0:08:30 C. Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr.
Kukulski stated no.
0:08:38 D. Public Service Announcements
0:08:43 1. Serving on a Citizen Advisory Board or Committee (Brunckhorst)
Deputy City Clerk Aimee Brunckhorst gave the PSA for serving on a Citizen Advisory Board or
Committee.
0:11:05 2. Bozeman Energy Smackdown (Meyer)
Sustainability Coordinator Natalie Meyer gave the PSA for the Bozeman Energy Smackdown.
0:14:13 3. Bike to Work Week, May 13th through 17th (Woolard)
Public Services Director Craig Woolard gave the PSA for Bike to Work Week, May 13th-17th.
0:14:53 E. Minutes – March 25, 2013 and April 1, 2013
0:14:59 Motion and Vote to approve the minutes from March 25 and April 1, 2013.
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Minutes of the Bozeman City Commission, May 13, 2013
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It was moved by Cr. Taylor, seconded by Cr. Andrus to approve the minutes from March
25 and April 1, 2013.
Those voting Aye being Crs. Taylor, Andrus, Mehl, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
0:15:14 F. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign Release and Reconveyance of Easement(s) for the Trout
Meadows at Cattail Lake Phase 2 development to release and reconvey portions of an
existing public access easement and portions of an existing water/sewer/stormwater
easement unto Trout Meadows, LLC. (Heaston)
0:15:15 Public Comment on the Consent Agenda.
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:15:23 Motion and Vote to approve Consent items 1 and 2 as submitted.
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve Consent items 1 and 2 as
submitted.
Those voting Aye being Crs. Andrus, Mehl, Deputy Mayor Krauss, Cr. Taylor and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
0:15:47 Stuart Leidner, Public Comment
Mr. Leidner of Prospera spoke regarding the last item on the Agenda in regards to the North Park
Property Request for Proposals. He spoke in support of this.
0:16:53 Public Comment closed
Mayor Becker closed public comment.
0:16:59 H. Mayoral Proclamation – National Missing Children's Day May 25, 2013
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0:17:47 I. Action Items
0:17:48 1. Decision on Resolution No. 4441 notifying the Gallatin County Election
Administrator of the City’s desire to conduct the 2013 City Primary (if held) and the 2013
General Election by mail ballot and decision of funding Postage Return costs (Ulmen)
0:19:39 Stacy Ulmen, City Clerk
Ms. Ulmen gave the staff presentation regarding the decision on Resolution No. 4441 notifying
the Gallatin County Election Administrator of the City’s desire to conduct the 2013 City Primary
(if held) and the 2013 General Election by mail ballot and decision of funding Postage Return
costs.
0:23:52 Charlotte Mills, Gallatin County Elections Administrator
Ms. Mills spoke regarding the postage costs.
0:26:43 Commission Questions
The Commission and staff spoke regarding undeliverable ballots, candidate withdraw timelines,
the differences in costs of postage, county wide and city issues on the same ballot, postage due
and business reply rates.
0:36:18 Public Comment
Mayor Becker opened public comment.
0:36:32 Ann Justin, Public Comment
Ms. Justin of 6018 Autumn Ridge Road spoke regarding spending City resources on postage.
0:37:34 Mayor Becker closed public comment.
0:37:34 Motion to approve Resolution No. 4441 authorizing the Gallatin County Election
Administrator to conduct the 2013 primary (if necessary) and general elections by mail
ballot and pay for the costs of return postage for all mail ballots.
It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to approve Resolution No.
4441 authorizing the Gallatin County Election Administrator to conduct the 2013 primary
(if necessary) and general elections by mail ballot and pay for the costs of return postage
for all mail ballots.
0:37:56 Commission Discussion
The Commission spoke regarding the history of elections in the City, when the change occurred
in 2007, participation rates, poll taxes and barriers, low turnout elections in the past and trends.
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0:51:04 Vote on the Motion to approve Resolution No. 4441 authorizing the Gallatin
County Election Administrator to conduct the 2013 primary (if necessary) and general
elections by mail ballot and pay for the costs of return postage for all mail ballots.
Those voting Aye being Cr. Mehl, Deputy Mayor Krauss, Crs. Taylor, Andrus and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
0:51:20 2. Presentation of Fiscal Year 2013-2014 City Manager’s Recommended
Budget (Rosenberry)
0:52:02 Anna Rosenberry, Director of Administrative Services
Ms. Rosenberry gave the staff presentation regarding Presentation of Fiscal Year 2013-2014 City
Manager’s Recommended Budget. She highlighted organizational changes, the staffing
summary sheet, the budget development process and schedule, Capital Investments, Personal
Costs and Debt Service Summaries and significant changes.
1:01:09 General Obligation Bond for Parks and Trails.
Discussion took place regarding debt service and timing on tax roles.
1:03:57 Staffing Summary Report
1:04:47 Revenues and Expenditures
1:09:10 Staffing
The Commission and Staff discussed FTEs and technology. Ms. Rosenberry spoke regarding the
increased positions.
1:18:56 Taxable Value
1:33:44 Storm Water and Deferred Maintenance
1:36:38 Forestry and Software for Maintenance
1:40:36 Water and Sewer
1:55:32 Levies of Mills
The Commission and staff discussed incremental changes and increases in personnel costs.
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2:07:29 City Resident
2:08:44 Questions for staff
The Staff and Commission discussed the Parks and Trail Bond, the tax levy increase,
sustainability, staffing, interns and grant programs, the tree program and replacement vouchers,
the Grants position, transportation funding and the election costs in the Commission budget.
2:33:31 Break
Mayor Becker declared a break
2:48:55 Meeting called back to order
Mayor Becker called the meeting back to order.
2:48:59 3. Capelli's Salon Conditional Use Permit and Certificate of Appropriateness
Application #Z-13055 (Quasi-Judicial) (Brekke)
2:49:18 Allyson Brekke, Staff Planner
Ms. Brekke gave the staff presentation for the Capelli's Salon Conditional Use Permit and
Certificate of Appropriateness Application #Z-13055.
2:52:42 Applicant Representative
The Applicant representative gave the applicant presentation regarding Capelli's Salon
Conditional Use Permit and Certificate of Appropriateness Application #Z-13055.
2:53:46 Commission Questions for Staff
2:54:30 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
2:54:39 Motion and Vote that having reviewed the application materials, considered public
comment, and considered all of the information presented, I hereby adopt the findings
presented in the staff report for application #Z-13055 and move to approve the Conditional
Use Permit and Certificate of Appropriateness with conditions and subject to all applicable
code provisions.
It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor that having reviewed the
application materials, considered public comment, and considered all of the information
presented, I hereby adopt the findings presented in the staff report for application #Z-
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13055 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 Deputy Mayor Krauss, Crs. Taylor, Andrus, Mehl and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
2:55:34 4. Mathre Accessory Building Home Occupation Conditional Use Permit and
Certificate of Appropriateness for 624 North Tracy Avenue, Application Z-13059 (Quasi-
Judicial) (Kramer)
2:56:07 Courtney Kramer, Staff Planner
Ms. Kramer gave the staff presentation regarding the Mathre Accessory Building Home
Occupation Conditional Use Permit and Certificate of Appropriateness for 624 North Tracy
Avenue, Application Z-13059.
3:00:27 Commission questions for Staff
The Commission and Staff discussed the Conditional Use Permit process, the existing fence and
code enforcement.
3:02:29 Applicant Presentation
The Applicant representative gave the applicant presentation for the Mathre Accessory Building
Home Occupation Conditional Use Permit and Certificate of Appropriateness for 624 North
Tracy Avenue, Application Z-13059
3:03:24 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
3:03:30 Motion that having reviewed the staff report and other submitted materials,
considered public comment, and all of the information presented, I hereby find the
Conditional Use Permit and Certificate of Appropriateness with the conditions and code
provisions as outlined in the staff report to conform to the municipal code and move to
approve.
It was moved by Cr. Taylor, seconded by Cr. Andrus that having reviewed the staff report
and other submitted materials, considered public comment, and all of the information
presented, I hereby find the Conditional Use Permit and Certificate of Appropriateness
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with the conditions and code provisions as outlined in the staff report to conform to the
municipal code and move to approve.
3:04:00 Commission discussion on the Motion
3:04:52 Vote on the Motion that having reviewed the staff report and other submitted
materials, considered public comment, and all of the information presented, I hereby find
the Conditional Use Permit and Certificate of Appropriateness with the conditions and
code provisions as outlined in the staff report to conform to the municipal code and move
to approve.
Those voting Aye being Crs. Taylor, Andrus, Mehl, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
3:05:04 5. Kerin/Frost Accessory Garage Sketch Plan Certificate of Appropriateness
with Deviations for 609 South 6th Avenue, Application #Z13060 (Quasi-Judicial) (Kramer)
3:05:31 Courtney Kramer, Staff Planner
Ms. Kramer gave the staff presentation regarding the Kerin/Frost Accessory Garage Sketch Plan
Certificate of Appropriateness with Deviations for 609 South 6th Avenue, Application #Z13060.
3:08:54 Applicant Presentation
The Applicant gave the staff presentation regarding Kerin/Frost Accessory Garage Sketch Plan
Certificate of Appropriateness with Deviations for 609 South 6th Avenue, Application #Z13060.
3:09:54 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
3:10:05 Motion that having reviewed the application materials, considered public comment,
and considered all of the information presented, I hereby adopt the findings presented in
the staff report for application file #Z-13060 and move to approve the Frost/ Kerin
Accessory Garage 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 the application
materials, considered public comment, and considered all of the information presented, I
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hereby adopt the findings presented in the staff report for application file #Z-13060 and
move to approve the Frost/ Kerin Accessory Garage Certificate of Appropriateness with
Deviations application with conditions and subject to all applicable code provisions.
3:10:36 Discussion on the Motion
3:10:56 Vote on the Motion to that having reviewed the application materials, considered
public comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for application file #Z-13060 and move to approve the
Frost/ Kerin Accessory Garage Certificate of Appropriateness with Deviations application
with conditions and subject to all applicable code provisions.
Those voting Aye being Crs. Andrus, Mehl, Deputy Mayor Krauss, Cr. Taylor and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
3:11:07 6. North Park Property Request for Proposals (RFP) (Fontenot)
3:11:33 Brit Fontenot, Economic Development Director
Mr. Fontenot gave the staff presentation regarding the North Park Property Request for
Proposals.
3:15:40 Public Comment
Mayor Becker opened public comment.
3:15:53 Darryl Schlem, Public Comment
Mr. Schlem spoke regarding the project and looking at economic development incentives.
3:17:33 Public Comment closed
Mayor Becker closed public comment.
3:17:35 Commission Questions for Staff
The Commission and Staff discussed the need to secure services of a broker, the need of a public
hearing to determine if the property is needed, relationships with the DNRC, the value in the
TIF, the zoning of the area and defined uses, range options, the sales price, appraisal at the end of
the process and qualified buyers.
3:37:18 Motion to direct the EDC sub-committee for the North Park RFP and City staff to
prepare an RFP for real estate services for the sale of the city owned portion of the North
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Park properties, publish the RFP, select the most qualified responsible respondent and list
the City-owned portion of the North Park properties for sale in accordance with §§
2.06.880 through 2.06.910 of the Bozeman Municipal Code.
It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to move to direct the EDC
sub-committee for the North Park RFP and City staff to prepare an RFP for real estate
services for the sale of the city owned portion of the North Park properties, publish the
RFP, select the most qualified responsible respondent and list the City-owned portion of
the North Park properties for sale in accordance with §§ 2.06.880 through 2.06.910 of the
Bozeman Municipal Code.
3:37:50 Commission discussion on the Motion
The Commission discussed the added value of this project, the need of a broker instead of the
City, receiving bids before proposals, working with the market, working with the DNRC and
private investments.
3:44:01 Vote on the Motion to direct the EDC sub-committee for the North Park RFP and
City staff to prepare an RFP for real estate services for the sale of the city owned portion
of the North Park properties, publish the RFP, select the most qualified responsible
respondent and list the City-owned portion of the North Park properties for sale in
accordance with §§ 2.06.880 through 2.06.910 of the Bozeman Municipal Code.
Those voting Aye being Cr. Mehl, Deputy Mayor Krauss, Crs. Taylor, Andrus and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
3:44:24 J. FYI/Discussion
1. Compliments received of having Commission meeting streamed.
3:45:11 K. Adjournment
Mayor Becker closed the meeting at 9:42 p.m.
____________________________________
Sean A. Becker, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
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PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________
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