HomeMy WebLinkAbout06-03-13 Draft Minutes
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 3, 2013 **********************
The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
June 3, 2013. Present were Mayor Sean Becker, Deputy Mayor Krauss, 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.
0:07:57 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Avenue
Mayor Becker called the meeting to order at 6 p.m.
0:08:10 B. Pledge of Allegiance and a Moment of Silence
0:08:48 C. Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda. Mr.
Kukulski stated no.
0:08:53 D. Authorize Absence of Commissioner Andrus
0:08:56 Motion and Vote to authorize the absence of Cr. Andrus.
It was moved by Cr. Mehl, seconded by Cr. Taylor to authorize the absence of Cr. Andrus.
Those voting Aye being Crs. Mehl, Taylor, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:09:05 E. Minutes – April 15, 2013 and April 22, 2013
0:09:07 Motion and Vote to approve the minutes from April 15 and April 22, 2013 as
submitted.
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It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to approve the minutes
from April 15 and April 22, 2013 as submitted.
Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Cr. Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:09:22 F. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Approve Resolution No. 4442, Declaring the Commission's Intention to consider an
Amendment to Figure 3-1 of the Community Plan for Harrington Application P-13013
and set a public hearing date of June 24, 2013 (Brekke)
3. Approve Resolution No. 4444, Declaring the Commission's Intention to consider an
Amendment to Figure 3-1 of the Community Plan for Community Food Co-op
Application P-13011 and set a public hearing date of June 17, 2013 (Skelton)
4. Approve Resolution No. 4445, Declaring the Commission's Intention to consider an
Amendment to Figure 3-1 of the Community Plan for Cattail Creek Hamilton Application
P-13012 and set a public hearing date of June 17, 2013 (Skelton)
5. Approve Reclaiming Review Authority for a Sign Certificate of Appropriateness for the
Human Resource Development Council's Application Z-13093 and schedule a public
hearing date of June 24, 2013 (Saunders)
6. Approve the Final Plat for Southbridge Subdivision, Phase 1A, to create a 0.987 acre
multi-household lot on the west side of South 19th Avenue, south of Graf Street for
Application P-13009 and authorize the Director of Public Works to execute the same on
behalf of the City (Skelton)
7. Finally Adopt Ordinance 1861, Amending Chapter 2, Article 5, Division 10 of the
Bozeman Municipal Code Providing Authority to Create Advisory Boards by Resolution
for Urban Renewal, Tax Increment Financing, and other Districts as Authorized by Title
7, Chapter 15, Parts 42 and 43, Montana Code Annotated (Fontenot)
8. Finally Adopt Ordinance 1862, Amending Chapter 2, Article 6, Division 7 of the Bozeman
Municipal Code to Provide for the Creation of Urban Renewal, Tax Increment Financing,
and other Districts as Authorized by Title 7, Chapter 15, Parts 42 and 43, Montana Code
Annotated (Fontenot)
0:09:31 Public comment on Consent Agenda
Mayor Becker opened public comment on the Consent Agenda.
No person commented.
Mayor Becker closed public comment.
0:09:46 Motion to approve Consent Items F. 1-8 as submitted.
It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to approve Consent Items F.
1-8 as submitted.
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0:09:48 Commission Discussion
The Commission discussed Consent Item No. 5.
0:10:36 Vote on the Motion to approve Consent Items F. 1-8 as submitted.
Those voting Aye being Deputy Mayor Krauss, Crs. Mehl, Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:10:54 G. Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:11:16 H. Special Presentations
0:11:18 1. Bozeman Police Department 2012 Annual Report (Price)
0:11:46 Ron Price, Police Chief
Chief Price gave the staff presentation for the Bozeman Police Department 2012 Annual Report.
0:24:01 Commission Questions
The Commission and staff spoke regarding goals, the MSU Campus, Resource Officers, the Dare
Officer, coordination with the School District and funding positions and DNA processing.
0:38:10 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:38:33 2. Bozeman Tourism Business Improvement District (TBID) Fiscal Year 2014
Marketing Plan and Budget (Tim Kuhlman, Co-Chair TBID)
0:38:42 Tim Kuhlman, Co-Chair TBID
Mr. Kuhlam gave the staff presentation regarding the Bozeman Tourism Business Improvement
District (TBID) Fiscal Year 2014 Marketing Plan and Budget.
0:41:40 Commission Questions
The Commission and Staff discussed the amount of fields needed in Bozeman, maintenance,
measurable objectives, media, marketing efforts and tournaments.
0:49:32 Public Comment
Mayor Becker opened public comment.
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No person commented.
Mayor Becker closed public comment.
0:49:48 3. Downtown Business Improvement District (BID) Fiscal Year 2013 Annual
Report and Fiscal Year 2014 Work Plan and Budget (Chris Naumann, Executive Director
of the Downtown Bozeman Partnership)
0:50:13 Chris Naumann, Executive Director of the Downtown Bozeman Partnership)
Mr. Naumann gave the presentation for the Downtown Business Improvement District (BID)
Fiscal Year 2013 Annual Report and Fiscal Year 2014 Work Plan and Budget.
0:55:54 Commission Questions
The Commission and staff discussed the financials and strategy, contributions and marketing
efforts.
0:58:50 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:59:01 4. Downtown Tax Increment Finance District (TIF) Fiscal Year 2013 Annual
Report and Fiscal Year 2014 Work Plan and Budget (Chris Naumann, Executive Director
of the Downtown Bozeman Partnership)
0:59:13 Chris Naumann, Executive Director of the Downtown Bozeman Partnership)
Mr. Naumann gave the presentation for the Downtown Tax Increment Finance District (TIF)
Fiscal Year 2013 Annual Report and Fiscal Year 2014 Work Plan and Budget.
1:08:02 Commission Questions
The Commission and staff spoke regarding incentives, money returned back to the County and
the School district and TIF revenues, return on investments and parking capacity downtown into
the future.
1:16:03 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
1:16:22 5. North Seventh Urban Renewal Board (NSURB) Fiscal Year 2014 Work Plan
and Budget Proposal (Brekke and NSURB Chair Michelle Wolfe)
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1:16:44 Michelle Wolfe, NSURB
Ms. Wolfe gave the presentation for the North Seventh Urban Renewal Board (NSURB) Fiscal
Year 2014 Work Plan and Budget Proposal
1:31:14 Commission Questions
The Commission spoke regarding the purchase of trees with Big Box Funds, sidewalk
installation, category of grants and insurance for the light poles, the amount of the increment and
planning for phase 2.
1:44:46 6. Northeast Urban Renewal Board Fiscal Year 2014 Work Plan and Budget
Proposal (Brekke and NURB Chair, Tom Noble)
1:44:55 Tom Noble, NURB Chair
Mr. Noble gave the presentation for the Northeast Urban Renewal Board Fiscal Year 2014 Work
Plan and Budget Proposal.
1:52:50 Commission Questions
The Commission and Staff discussed the North Rouse project, the cost for Staff time, and the
status of the Depot.
1:57:55 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
1:58:16 Break
Mayor Becker called for a break.
2:14:57 I. Action Items
2:14:59 1. Resolution No. 4443, Creation of Special Improvement Lighting District No.
715 for Norton East Ranch, Phase 2 (Rosenberry)
2:15:44 Anna Rosenberry, Administrative Services Director
Ms. Rosenberry gave the staff presentation regarding Resolution No. 4443, Creation of Special
Improvement Lighting District No. 715 for Norton East Ranch, Phase 2.
2:17:23 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
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2:17:29 Motion to approve Resolution No. 4443, Creating Special Improvement Lighting
District 715 for Norton East Ranch, phase 2.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Resolution No. 4443,
Creating Special Improvement Lighting District 715 for Norton East Ranch, phase 2.
2:17:43 Commission Discussion
2:17:53 Vote on the Motion to approve Resolution No. 4443, Creating Special Improvement
Lighting District 715 for Norton East Ranch, phase 2.
Those voting Aye being Crs. Mehl, Taylor, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
2:18:02 2. Legends at Bridger Creek II Subdivision, Phase 2, Preliminary Plat with
Variance Application No. P-13003, located southeast of the intersection of Boylan Road and
Northview Street (Quasi-Judicial) (Krueger)
2:18:52 Brian Krueger, Development Review Director
Mr. Krueger gave the staff presentation regarding the Legends at Bridger Creek II Subdivision,
Phase 2, Preliminary Plat with Variance Application No. P-13003, located southeast of the
intersection of Boylan Road and Northview Street.
2:29:49 Commission Questions for Staff
The Commission and Staff discussed the sidewalk, planned unit developments, safety concerns,
intersections and standards, capacity, Montana Department of Administration warrants, levels of
service and turning lanes.
3:13:53 Applicant Presentation
The Applicant gave the presentation regarding the Legends at Bridger Creek II Subdivision,
Phase 2, Preliminary Plat with Variance Application No. P-13003, located southeast of the
intersection of Boylan Road and Northview Street.
3:15:50 Commission Questions for Applicant
The Commission and Applicant discussed the sidewalk and ADA compliance.
3:20:28 Public Comment
Mayor Becker opened public comment.
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3:20:51 Clint Sly, Public Comment
Mr. Sly of 1762 Medicine Wheel spoke regarding the home owners association concerns of the
location of the sidewalk and privacy. He would like to see a re-design of the sidewalk completed.
3:27:33 Ping Oliver, Public Comment
Mr. Oliver of 1782 Medicine Wheel spoke regarding the homes in the area stating that they were
built with the front door facing the street.
3:28:45 Public Comment closed
Mayor Becker closed public comment.
3:28:59 Commission Questions for Applicant
The Commission and Applicant discussed the sidewalk location.
3:30:31 Commission Discussion
The Commission spoke regarding ADA access, long term liability, the trail system and
connectors.
3:39:07 Motion that having reviewed application materials, considered public comment,
and the staff analysis, I hereby adopt the findings presented in the staff report for
application P-13003 and move to approve the requested variance to Chapter 38 of the
Bozeman Municipal Code Section 38.24.060.B.4 to allow the Level of Service at the
intersection of Story Mill Road and Bridger Drive to operate below the minimum level of
service allowed.
It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss that having reviewed
application materials, considered public comment, and the staff analysis, I hereby adopt
the findings presented in the staff report for application P-13003 and move to approve the
requested variance to Chapter 38 of the Bozeman Municipal Code Section 38.24.060.B.4 to
allow the Level of Service at the intersection of Story Mill Road and Bridger Drive to
operate below the minimum level of service allowed.
3:39:41 Commission Discussion on the Motion
The Commission discussed the conditions and standards.
3:41:27 Vote on the Motion that Having reviewed application materials, considered public
comment, and the staff analysis, I hereby adopt the findings presented in the staff report
for application P-13003 and move to approve the requested variance to Chapter 38 of the
Bozeman Municipal Code Section 38.24.060.B.4 to allow the Level of Service at the
intersection of Story Mill Road and Bridger Drive to operate below the minimum level of
service allowed.
Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Mehl and Mayor Becker.
Those voting No being none.
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The motion passed 4-0.
3:41:42 Motion that having reviewed application materials, considered public comment,
and the staff analysis, I hereby adopt the findings presented in the staff report for
application P-13003 and move to approve the preliminary plat for Legends at Bridger
Creek II Subdivision, Phase 2 authorizing to subdivide 9.39 acres and create 26 residential,
single household lots with the remaining area open space, public alley, and public streets
subject to the conditions listed in Planning Board Resolution P-13003.
It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss that Having reviewed
application materials, considered public comment, and the staff analysis, I hereby adopt
the findings presented in the staff report for application P-13003 and move to approve the
preliminary plat for Legends at Bridger Creek II Subdivision, Phase 2 authorizing to
subdivide 9.39 acres and create 26 residential, single household lots with the remaining
area open space, public alley, and public streets subject to the conditions listed in Planning
Board Resolution P-13003.
3:42:20 Amendment to the Motion to add condition 18 to move the sidewalk away from the
property line in the open space subject to compliance with ADA and any other applicable
laws.
It was moved by Cr. Mehl, seconded by Cr. Taylor to add condition 18 to move the
sidewalk away from the property line in the open space subject to compliance with ADA
and any other applicable laws.
3:42:43 Commission discussion on the Motion
The Commission discussed connectivity and spurs.
3:43:20 Vote on the Amendment to the Main Motion to add condition 18 to move the
sidewalk away from the property line in the open space subject to compliance with ADA
and any other applicable laws.
Those voting Aye being Crs. Mehl, Taylor, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
3:43:35 Vote on the Motion as amended that Having reviewed application materials,
considered public comment, and the staff analysis, I hereby adopt the findings presented in
the staff report for application P-13003 and move to approve the preliminary plat for
Legends at Bridger Creek II Subdivision, Phase 2 authorizing to subdivide 9.39 acres and
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create 26 residential, single household lots with the remaining area open space, public alley,
and public streets subject to the conditions listed in Planning Board Resolution P-13003
Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Cr. Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
3:44:08 3. Provisional Adoption of Ordinance No. 1866, to Amend Chapter 10, Article
8 of the Bozeman Municipal Code regarding Workforce Housing (Thomas)
3:44:19 Wendy Thomas, Director of Community Development
Ms. Thomas gave the staff presentation regarding the Provisional Adoption of Ordinance No.
1866, to Amend Chapter 10, Article 8 of the Bozeman Municipal Code regarding Workforce
Housing.
3:55:30 Commission questions for Staff
The Commission and Staff discussed the affordable housing plan, qualifications and time frames.
3:58:53 Public Comment
Mayor Becker opened public comment.
3:59:07 Ann Kasting, Public Comment
Ms. Kasting of 61 North Shore encouraged the Commission to repeal the Ordinance. It clouds
the deed, when selling property the seller can't recoup. The market has changed dramatically.
4:00:46 Tracy Menuez, Public Comment
Ms. Menuez spoke regarding affordable housing being a draw for economic activity.
4:02:00 Public Comment closed
Mayor Becker closed public comment.
4:02:10 Motion to repeal the Workforce Housing Ordinance
It was moved by Deputy Mayor Krauss to repeal the Workforce Housing Ordinance.
Motion failed due to a lack of a second.
4:02:22 Motion to provisionally adopt Ordinance 1866, Amending Chapter 10, Article 8 of
the Bozeman Municipal Code regarding Workforce Housing.
It was moved by Cr. Mehl, seconded by Cr. Taylor to provisionally adopt Ordinance 1866,
Amending Chapter 10, Article 8 of the Bozeman Municipal Code regarding Workforce
Housing.
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4:02:40 Commission discussion on the Motion
The Commission discussed the reporting period.
4:04:09 Amendment to the Motion to strike section 3 of the proposed Ordinance.
It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to strike section 3 of the
proposed Ordinance.
4:04:46 Commission discussion on the Amendment
4:05:50 Suspend Rules
Mayor Becker suspended the rules by continuing the meeting to 10:15 p.m.
4:05:55 Continued Commission discussion
The Commission discussed the timing of a new ordinance.
4:07:51 Rescind the Amendment to strike section 3 of the proposed Ordinance.
The Amendment was rescinded and restated.
4:07:59 Amendment and Vote to repeal 10-08-120 Program Review.
It was moved by Cr. Mehl, seconded by Cr. Taylor to repeal 10-08-120 Program Review.
Those voting Aye being Crs. Mehl, Taylor and Mayor Becker.
Those voting No being Deputy Mayor Krauss.
The motion passed 3-1.
4:08:44 Motion to change the cross out dates in the Ordinance (which is September 1, 2015)
to December 31, 2014.
It was moved by Cr. Mehl, seconded by Cr. Taylor to change the cross out dates in the
Ordinance (which is September 1, 2015) to December 31, 2014.
4:09:14 Discussion on the Amendment
The Commission discussed the timing of the ordinance, the market, interest rates, work force
housing and jobs and deed restrictions.
4:16:34 Vote on the Amendment to change the cross out dates in the Ordinance (which is
September 1, 2015) to December 31, 2014.
Those voting Aye being Crs, Mehl, Taylor and Mayor Becker.
Those voting No being Deputy Mayor Krauss.
The motion passed 3-1.
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4:16:46 Discussion on the Motion as amended
The Commission discussed the review period, the need of quarterly updates from the Planning
department, the budget cycle, and the affordable housing action plan.
4:20:30 Vote on the Motion as amended to provisionally adopt Ordinance 1866, Amending
Chapter 10, Article 8 of the Bozeman Municipal Code regarding Workforce Housing
Those voting Aye being Crs. Mehl, Taylor and Mayor Becker.
Those voting No being Deputy Mayor Krauss.
The motion passed 3-1.
4:20:50 4. Appointments to the Wetlands Review Board (Brunckhorst)
4:20:53 Motion and Vote to appoint Cyndi Crayton, Rex McLachlin and Brian Sandefur to
the Wetlands Review Board.
It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to appoint Cyndi Crayton,
Rex McLachlin and Brian Sandefur to the Wetlands Review Board.
Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
4:21:15 J. FYI/Discussion
4:21:16 1. The next three City Commission meetings will begin at 5:30 instead of 6 p.m.
to allow additional time for budget discussions (Ulmen)
4:21:41 2. COA of off premise signs.
The Policy may need to be changed. Deputy Mayor Krauss does not agree with making Policy
changes on the fly.
4:22:55 3. July 8, 2013 Commission photo
4:23:53 4. Update on IIMC
4:25:29 K. Adjournment
Mayor Becker adjourned the meeting at 10:20 p.m.
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____________________________________
Sean A. Becker, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________
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