HomeMy WebLinkAboutJune 24, 2013 Draft Commission Minutes
Page 1 of 13
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 24, 2013
**********************
The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
June 24, 2013. Present were Mayor Sean Becker, Deputy Mayor Krauss, Commissioner Carson
Taylor, Commissioner Chris Mehl, Commissioner Cyndy Andrus, 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.
0:00:01 A. Call to Order – 5:30 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Becker called the meeting to order at 5:38 p.m.
0:00:05 B. Pledge of Allegiance and a Moment of Silence
0:00:35 C. Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr.
Kukulski stated that there will be two additional public service announcements and that Action
Item No. 3 should have been listed on the Agenda as a Quasi-Judicial decision.
0:01:23 Public Service Announcements
0:01:27 1. City Landfill Site Monitoring levels
Craig Woolard, Director of Public Services spoke regarding soil compounds and soil gas
indicated at the Landfill. There will be a public meeting on Wednesday to address concerns.
0:03:30 2. New Public Outreach Campaign
Mr. Woolard spoke regarding the public outreach campaign for road construction within the
City. The slogan is called "Don't Fear the Cone".
0:09:07 D. Budget Work Session - Enterprise Funds for Fiscal Year 2014
0:09:21 Anna Rosenberry, Administrative Services Director
Ms. Rosenberry began the staff presentation for the Budget Work Session - Enterprise Funds for
Fiscal Year 2014. She highlighted the Water Fund, projections, what the fund pays for; a 3%
proposed increase, personnel costs, capital projects and metered water sales.
29
Minutes of the Bozeman City Commission Meeting, June 24, 2013
Page 2 of 13
0:15:31 Commission Questions for Staff
The Commission and Staff spoke regarding capital ratio estimates, debt service reserve,
operating expenditures and capital expenditures and projections.
0:25:32 Ms. Rosenberry
Ms. Rosenberry continued the Staff presentation and highlighted the wastewater fund, the
proposed 3% rate increase and operating and capital projects.
0:27:42 Commission questions for Staff
The Commission and staff discussed the mixer for the old digesters.
0:28:36 Ms. Rosenberry
Ms. Rosenberry continued the staff presentation highlighting loans in the water and sewer funds
and noticing requirements.
0:30:21 Commission questions for Staff
The Commission and staff discussed the water collections, the personnel benefits, solvent site
costs, water rights, impact fees and an asset management plan.
0:54:46 Ms. Rosenberry
Ms. Rosenberry continued the presentation highlighting the storm water fund, rate increases, and
a tv van to televise the storm water system.
0:59:07 Ms. Rosenberry
Ms. Rosenberry continued the staff presentation and highlighted the solid waste fund including
revenues and expenditures.
1:01:45 Commission questions for Staff
The Commission and Staff discussed replacement of trucks and trade-in values.
1:06:27 Ms. Rosenberry
Ms. Rosenberry continued the staff presentation highlighting the parking fund.
1:08:59 Public Comment
Mayor Becker opened public comment.
1:09:11 Jerry Pape, Public Comment
Mr. Pape spoke regarding outside sources, provide streams of revenue and urged funding
economic development efforts.
1:13:19 Public Comment closed
Mayor Becker closed public comment.
30
Minutes of the Bozeman City Commission Meeting, June 24, 2013
Page 3 of 13
1:13:30 E. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign an Agreement for Operation of the Convenience Site and
Household Hazardous Waste Facility with the Gallatin Solid Waste Management District
(Woolard)
3. Authorize City Manager to sign a Memorandum of Understanding with Prospera
Business Network and the Montana Department of Natural Resources and Conservation
enabling Prospera to manage funds granted from the Big Sky Trust Fund for completion
of a preliminary engineering report for North Park properties (Fontenot)
4. Authorize City Manager to sign a Notice of Award to R & R Taylor Construction in the
amount of $50,400 for the repair of the brick facade at Bozeman City Hall, 121 North
Rouse Avenue (Goehrung)
5. Authorize writing off Stale-Dated Checks and Past-Due & Non-Sufficient Fund
Receivables from the City’s General Accounting Ledger (LaMeres)
6. Approve Justice Assistance Grant Application to the Bureau of Justice in the amount of
$15,513 and authorize City Manager to sign the Memorandum of Agreement with
Gallatin County allocating the use of those funds (McLane)
7. Approve the Final Plat for the Norton East Ranch Major Subdivision, Phase 2 to
subdivide 6.66 acres and authorize the Director of Public Works to execute the same,
Application P-13014 (Quasi-Judicial) (Krueger)
1:13:34 Public Comment
Mayor Becker opened public comment on the Consent Agenda.
No person commented.
Mayor Becker closed public comment.
1:13:43 Motion and Vote to approve Consent Items E. 1-7 as submitted.
It was moved by Cr. Andrus, seconded by Cr. Taylor to approve Consent Items E. 1-7 as
submitted.
Those voting Aye being Crs. Andrus, Taylor, Mehl, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
1:14:00 F. Public Comment
Mayor Becker opened public comment.
1:14:14 Jerry Pape, Public Comment
Mr. Pape spoke regarding affordable lots.
1:17:29 Public Comment closed
Mayor Becker closed public comment.
31
Minutes of the Bozeman City Commission Meeting, June 24, 2013
Page 4 of 13
1:17:32 G. Action Items
1:17:36 1. Harrington's/PAB, LLC Growth Policy Amendment at 323-507 West Main
Street, Application P-13013 (Brekke)
1:18:11 Allyson Brekke, Associate Planner
Ms. Brekke gave the staff presentation for the Harrington's/PAB, LLC Growth Policy
Amendment at 323-507 West Main Street, Application P-13013.
1:21:00 Commission questions for Staff
The Commission and staff discussed the zoning and allowed intensity.
1:22:24 Applicant Representative
The applicant representative stated that he was available for questions.
1:23:04 Questions for Applicant
The Commission and applicant discussed the first priorities of the project and the reason for
choosing the proposed location.
1:23:49 Public Comment Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
1:23:58 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 P13013 and Planning Board Resolution P13013, and move to approve the
growth policy amendment from Community Commercial Mixed Use to Commercial Core
with the contingencies listed in the staff report, and direct staff to prepare a resolution for
the growth policy amendment.
It was moved by Cr. Taylor, 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 P13013 and Planning Board
Resolution P13013, and move to approve the growth policy amendment from Community
Commercial Mixed Use to Commercial Core with the contingencies listed in the staff
report, and direct staff to prepare a resolution for the growth policy amendment.
1:24:33 Discussion on the Motion
The Commission discussed the downtown area and where the area was contiguous and the desire
to someday take this zoning all the way down to North 7th.
1:26:49 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 P13013 and Planning Board Resolution P13013, and move to
32
Minutes of the Bozeman City Commission Meeting, June 24, 2013
Page 5 of 13
approve the growth policy amendment from Community Commercial Mixed Use to
Commercial Core with the contingencies listed in the staff report, and direct staff to
prepare a resolution for the growth policy amendment.
Those voting Aye being Crs. Taylor, Mehl, Deputy Mayor Krauss, Cr. Andrus and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
1:27:01 2. Bridger Creek Vacation Home Conditional Use Permit at 1005 Boylan Road,
Application Z-13084 (Quasi-Judicial) (Riley)
1:27:35 Doug Riley, Planner
Mr. Riley gave the staff presentation for the Bridger Creek Vacation Home Conditional Use
Permit at 1005 Boylan Road, Application Z-13084.
1:31:20 Commission questions for Staff
The Commission and staff spoke regarding the number of people in the living area, what the
Conditional Use Permit parameters.
1:34:46 Applicant Representative
The Applicant representative gave the presentation for the Bridger Creek Vacation Home
Conditional Use Permit at 1005 Boylan Road, Application Z-13084.
1:38:42 Commission questions for Applicant
The Commission and Applicant discussed the Home Owner Association rules, signs, and sun-
setting this application.
1:41:25 Public Comment
Mayor Becker opened public comment.
1:41:39 Paul Boylan, Public Comment
Mr. Boylan of 1037 Boylan Road spoke regarding the notification to the HOA, awareness.
noticing. Mr. Boylan spoke against the CUP.
1:45:09 Public Comment closed
Mayor Becker closed public comment.
1:45:18 Applicant rebuttal
The applicant representative stated that the location is discrete.
1:47:56 Commission questions for Staff
The Staff and the Commission discussed the noticing requirements and group living standards
and extended stay lodging standards.
33
Minutes of the Bozeman City Commission Meeting, June 24, 2013
Page 6 of 13
1:49:04 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 Z13084 and move to approve the conditional use permit with conditions and
subject to all applicable code provisions.
It was moved by Cr. Mehl, seconded by Cr. Taylor that having reviewed application
materials, considered public comment, and all information presented, I hereby adopt the
findings presented in the staff report for application Z13084 and move to approve the
conditional use permit with conditions and subject to all applicable code provisions.
1:49:42 Discussion on the Motion
The Commission discussed consistency, the nature of conditional use permits, and timing.
1:59:50 Amendment to the Main Motion to change condition No.1, to change the
maximum number of guests, shall not exceed 8 per night instead of 10 per night and Add
condition No. 9., that would make the Conditional Use permit Expire in 3 years so July 1,
2016. (Later clarified that the CUP does not convey with the sale of the home.)
It was moved by Cr. Mehl, seconded by Cr. Andrus to change condition No.1, to change
the maximum number of guests, shall not exceed 8 per night instead of 10 per night and
Add condition No. 9., that would make the Conditional Use permit Expire in 3 years so
July 1, 2016. (Later clarified that the CUP does not convey with the sale of the home.)
2:00:45 Discussion on the Amendment
The Commission discussed the amount of people allowed and the expiration of the Conditional
Use Permit.
2:02:50 Vote on the Amendment to change condition No.1, to change the maximum
number of guests, shall not exceed 8 per night instead of 10 per night and Add condition
No. 9., that would make the Conditional Use permit Expire in 3 years so July 1, 2016.
(Later clarified that the CUP does not convey with the sale of the home.)
Those voting Aye being Crs. Mehl, Andrus, Taylor, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
2:03:04 Commission discussion on the Main motion as amended
The Commission discussed sun-setting, the nature of standard of duty, the 4 unrelated standard
and how it applies, and the need of the City Commission to review these types of rentals.
2:15:02 Amendment to the Main Motion to amend the time (for the Conditional Use
Permit) to expire on October 1, 2015.
34
Minutes of the Bozeman City Commission Meeting, June 24, 2013
Page 7 of 13
It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the time(for the
Conditional Use Permit) to expire on October 1, 2015.
2:15:41 Commission discussion on the Amendment
The Commission discussed the timing change and who is to be called when there are complaints.
2:18:43 Vote on the Amendment to amend the time to expire on October 1, 2015.
Those voting Aye being Crs. Taylor, Andrus, Mehl and Deputy Mayor Krauss.
Those voting No being Mayor Becker.
The motion passed 4-1.
2:19:05 Commission questions for Staff
The Commission and staff discussed requiring a sign that has a contact number.
2:22:12 Vote on the Main Motion as amended 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 Z13084 and move to approve the
conditional use permit with conditions and subject to all applicable code provisions.
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.
2:22:28 Break
Mayor Becker declared a break.
2:22:30 Meeting called back together
Mayor Becker called the meeting back together.
2:22:39 3. Human Resource Development Council and Chandler Communications Sign
Permit with Certificate of Appropriateness to place three transit shelters at three different
locations with allowance for off-premise signs, Application Z-13093 (Saunders)
2:23:05 Chris Saunders, Community Development
Mr. Saunders gave the staff presentation for the Human Resource Development Council and
Chandler Communications Sign Permit with Certificate of Appropriateness to place three transit
shelters at three different locations with allowance for off-premise signs, Application Z-13093.
2:40:09 Commission questions for Staff
The Commission and Staff discussed signage advertising programs in other Cities, locations,
applying same standards to future applications, private property locations, cooperation with
Streamline on other shelters, criteria of the name Streamline and HRDC, size of the signs,
35
Minutes of the Bozeman City Commission Meeting, June 24, 2013
Page 8 of 13
reading from the roadway, square footage limits, clarity of Condition No. 3 in regards to the
definition of legible, the Montana Department of Transportation involvement and content of
signs.
2:59:01 Jeff Rupp, President of the Human Resource Development Council
Mr. Rupp gave the applicant presentation for the Human Resource Development Council and
Chandler Communications Sign Permit with Certificate of Appropriateness to place three transit
shelters at three different locations with allowance for off-premise signs, Application Z-13093.
3:01:33 Megan Copas, Chandler Communications
Ms. Copas from Chandler Communications gave the presentation about the proposed shelters.
3:15:12 Commission questions for Applicant
The Commission and applicant discussed the one year review time period, MDOT standards and
what is defined as legible, the current prohibition on off premises signing and balancing safety
factors.
3:28:57 Public Comment
Mayor Becker opened public comment.
3:29:07 David Kack, Public Comment
Mr. Kack stated that he is the Chairman of the Board of HRDC and spoke regarding the increase
in ridership. He also stated that they already have a policy managing Content.
3:31:52 Public Comment closed
Mayor Becker closed public comment.
3:32:49 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 Z-13093 and move to approve the placement of the transit shelters subject to
the conditions listed in the Commission memorandum.
It was moved by Cr. Mehl, seconded by Cr. Taylor that having reviewed application
materials, considered public comment, and the staff analysis, I hereby adopt the findings
presented in the staff report for application Z-13093 and move to approve the placement of
the transit shelters subject to the conditions listed in the Commission memorandum.
3:33:20 Amendment to change condition 2 to read: all signs except the HRDC marker and
the bus route and schedule shall be oriented to the interior of the shelter.
It was moved by Cr. Mehl, Seconded by Cr. Taylor to change condition 2 to read: all signs
except the HRDC marker and the bus route and schedule shall be oriented to the interior
of the shelter.
3:34:12 Discussion on the Amendment
36
Minutes of the Bozeman City Commission Meeting, June 24, 2013
Page 9 of 13
3:35:33 Vote on the Amendment to change condition 2 to read: all signs except the HRDC
marker and the bus route and schedule shall be oriented to the interior of the shelter.
Those voting Aye being Cr. Mehl.
Those voting No being Cr. Taylor, Deputy Mayor Krauss, Cr. Andrus and Mayor Becker.
The motion failed 1-4.
3:36:03 Amendment to change 50% to 75% in Condition No. 3.
It was moved by Cr. Mehl, seconded by Cr. Andrus. to change 50% to 75 % in Condition
No. 3.
3:37:28 Amendment rescinded to change 50% to 75 % in Condition No. 3.
This motion was rescinded by Cr. Mehl and Cr. Andrus.
3:37:30 Amendment to the Main Motion to Change 50% to 99% in Condition No. 3, ..."The
maximum size text and symbols on each advertisement allowed to be installed in a shelter
shall be no greater than 99% of the minimum size allowed per the MUTCD.
It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to Change 50% to 99% in
Condition No. 3, ..."The maximum size text and symbols on each advertisement allowed to be
installed in a shelter shall be no greater than 99% of the minimum size allowed per the
MUTCD".
3:37:58 Discussion on the Amendment
The Commission discussed advertising paying for services, providing services, the need to
amend the current ordinance.
3:41:32 Vote on the Amendment to Change 50% to 99% in Condition No. 3, ..."The
maximum size text and symbols on each advertisement allowed to be installed in a shelter shall
be no greater than 99% of the minimum size allowed per the MUTCD".
Those voting Aye being Cr. Mehl, Deputy Mayor Krauss and Mayor Becker.
Those voting No being Crs. Taylor and Andrus.
The motion passed 3-2.
3:41:51 Amendment to the Main Motion to incorporate the Suggested New Condition 10, as
outlined in the staff memo handout dated June 24, 2013, stating: “The applicant shall obtain
a City of Bozeman sign permit for each transit shelter location prior to installing any sign.
Due to the intentional transitory nature of the signs to be installed, the permit shall be valid
for one year and allows the applicant to replace signs within each shelter location so long as
they comply with all conditions of approval. Prior to the annual expiration of each sign permit
37
Minutes of the Bozeman City Commission Meeting, June 24, 2013
Page 10 of 13
a new sign permit shall be obtained for the following year demonstrating continued
compliance with all conditions of approval.”
It was moved by Cr. Mehl, seconded by Cr. Andrus to amend the Main Motion to
incorporate the Suggested New Condition 10, as outlined in the staff memo handout dated
June 24, 2013, stating: “The applicant shall obtain a City of Bozeman sign permit for each
transit shelter location prior to installing any sign. Due to the intentional transitory nature of
the signs to be installed, the permit shall be valid for one year and allows the applicant to
replace signs within each shelter location so long as they comply with all conditions of
approval. Prior to the annual expiration of each sign permit a new sign permit shall be
obtained for the following year demonstrating continued compliance with all conditions of
approval.”
3:42:11 Commission Discussion on the Amendment
3:42:40 Vote on the Amendment to incorporate the Suggested New Condition 10, as
outlined in the staff memo handout dated June 24, 2013, stating: “The applicant shall obtain
a City of Bozeman sign permit for each transit shelter location prior to installing any sign.
Due to the intentional transitory nature of the signs to be installed, the permit shall be valid
for one year and allows the applicant to replace signs within each shelter location so long as
they comply with all conditions of approval. Prior to the annual expiration of each sign permit
a new sign permit shall be obtained for the following year demonstrating continued
compliance with all conditions of approval.”
Those voting Aye being Crs. Mehl, Andrus, Taylor and Mayor Becker.
Those voting No being Deputy Mayor Krauss.
The motion passed 4-1.
3:42:55 Discussion on the Main Motion as amended.
The Commission discussed the need to change the current ordinance so there is a viable business
plan.
3:47:16 Vote on the Main 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 Z-13093 and move to approve the placement of the transit
shelters subject to the conditions listed in the Commission memorandum.
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.
38
Minutes of the Bozeman City Commission Meeting, June 24, 2013
Page 11 of 13
3:47:40 4. Solid Waste Rate Study and Recycling and Collection Station Business Case
Analysis (Woolard)
3:49:34 Craig Woolard, Public Service Director
Mr. Woolard gave a brief description of the Solid Waste Rate Study and Recycling and
Collection Station Business Case Analysis.
3:55:11 Public Comment
Mayor Becker opened public comment.
3:55:24 Lee Pool, Public Comment
Mr. Pool stated that he owns the property across from proposed project area. He has a concern of
garbage truck traffic, the existing environment and hearing the beeping of the trucks.
3:59:09 EJ Hook, Public Comment
Mr. Hook stated that he manages MSU solid waste and recycling and was intrigued with the
concept of operational efficiencies.
4:03:02 Public Comment closed
Mayor Becker closed public comment.
4:03:13 Item Rescheduled
The Commission agreed to reschedule this item to an agenda in July.
4:05:51 5. Reappointments to the Bozeman Area Beautification Advisory Board
(Brunckhorst)
4:06:02 Motion and Vote to reappoint Jan Bergman and Ellie Staley to the Bozeman Area
Beautification Advisory Board.
It was moved by Cr. Mehl, seconded by Cr. Andrus to reappoint Jan Bergman and Ellie
Staley to the Bozeman Area Beautification Advisory Board.
Those voting Aye being Crs. Mehl, Andrus, Taylor, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
4:06:16 6. Appointment to the Bozeman Area Bicycle Advisory Board (Brunckhorst)
4:06:35 Motion and Vote to appoint Frances Cronin as a non-voting High School liaison to
the Bozeman Area Bicycle Advisory Board.
39
Minutes of the Bozeman City Commission Meeting, June 24, 2013
Page 12 of 13
It was moved by Cr. Taylor, seconded by Cr. Mehl to appoint Frances Cronin as a non-
voting High School liaison to the Bozeman Area Bicycle Advisory Board.
Those voting Aye being Crs. Taylor, Mehl, Deputy Mayor Krauss, Cr. Andrus and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
4:06:57 7. Reappointments to the Community Affordable Housing Advisory Board
(Brunckhorst)
4:06:59 Motion and Vote to reappoint Mary Martin and David Magistrelli to the
Community Affordable Housing Advisory Board.
It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to reappoint Mary Martin
and David Magistrelli to the Community Affordable Housing Advisory Board.
Those voting Aye being Cr. Mehl, Deputy Mayor Krauss, Crs. Andrus, Taylor and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
4:07:13 8. Reappointments to the Downtown Business Improvement District Board
(Brunckhorst)
4:07:17 Motion and Vote to reappoint Ileana Indreland and Steve Stinson to the Downtown
Business Improvement District Board.
It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to reappoint Ileana
Indreland and Steve Stinson to the Downtown Business Improvement District Board.
Those voting Aye being Cr. Mehl, Deputy Mayor Krauss, Crs. Andrus, Taylor and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
4:07:30 H. FYI/Discussion
4:07:38 1. Discuss canceling the July 15, 2013 City Commission Meeting
The Commission discussed this meeting being an option for the Solid Waste discussion.
4:09:07 2. Clerk to notice Quorum at upcoming events
40
Minutes of the Bozeman City Commission Meeting, June 24, 2013
Page 13 of 13
4:10:16 I. Adjournment
Mayor Becker adjourned the meeting at 10:06 p.m.
____________________________________
Sean A. Becker, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________
41