HomeMy WebLinkAboutDecember 2, 2013 Draft City Commission MinutesPage 1 of 13
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, December 2, 2013 Deputy Mayor - Jeff Krauss: Present
Mayor - Sean Becker: Present
Commissioner - Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Present Staff present: City Manager Chris Kukulski, City Attorney Greg Sullivan, Director of
Administrative Services Anna Rosenberry and City Clerk Stacy Ulmen. A. 05:22:29 PM Call to Order – 5:15 p.m. – Commission Room, City Hall, 121
North Rouse
Mayor Becker called the Meeting to order at 5:22 p.m.
B. 05:22:37 PM Pledge of Allegiance and a Moment of Silence
C. 05:23:16 PM Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the
Agenda. Mr. Kukulski stated that Action Item 2 should be labeled as quasi-judicial.
D. 05:23:49 PM Minutes – November 12, 2013
05:23:51 PM Motion and Vote to approve the Minutes from November 12, 2013 as submitted.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
E. 05:24:05 PM Action Item
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1. 05:24:37 PM Review and Consider Adoption of the General Fund Capital
Improvement Plan (CIP) for Fiscal Years 2015 - 2019
05:24:28 PM Anna Rosenberry, Director of Administrative Services Ms. Rosenberry gave the staff presentation for the General Fund Capital Improvement
Plan (CIP) for Fiscal Years 2015 – 2019.
05:33:36 PM Commission Questions for Staff The Commission and staff discussed the Cemetery backhoe hours, maintenance of sidewalks and the size of the plowing equipment.
06:04:11 PM Public Comment
Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment.
06:04:38 PM Commission discussion
The Commission discussed sidewalk replacements, sidewalks around parks, and the proposed future City Hall expansion, the softball complex lighting and bonding for a
pool.
The adoption of the General Fund CIP will be added to the December 19th Special
Meeting Agenda.
F. 06:14:49 PM Call to Order – 6 p.m. – Commission Room, City Hall, 121 North
Rouse (Estimated Start Time)
G. 06:14:56 PM Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize Irrevocable Offer of Dedication and Waiver of Right to Protest Creation of Special Improvement Districts for the Crowley Fleck Master
Site Plan, 19th Street Properties, LLC (Johnson)
3. Authorize Public Access, Sewer and Water Pipeline Easements for the
Crowley Fleck Master Site Plan, 19th Capital Group, LLC (Johnson)
4. Authorize Public Street and Utility Easements for Oak Street, Ferguson
Avenue and Flanders Mill Road with the Flanders Mill Annexation
(Johnson) 5. Authorize City Manager to sign a letter to the Montana Department of
Commerce Home Program recognizing the Human Resource
Development Council (HRDC) as the local HOME administrator and
recognizing Gallatin County as the agency preparing environmental
review for eligible HOME projects/developments (Thomas)
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6. Adopt the Fire Capital and Equipment Fund Capital Improvement Plan
(CIP) for Fiscal Years 2015 - 2019 (Rosenberry)
7. Approve an Amendment (Task Order) to the Professional Services Agreement with Tetra Tech Inc. for continued post-closure ground water
monitoring at the Story Mill Landfill (Johnson)
8. Approve Assignments in General Fund to be reported in the Fiscal Year
2013 Comprehensive Annual Financial Report (Rosenberry) 9. Approve Beer, Wine, and Liquor License Renewals for 2014 (Rosenberry)
10. Approve the Merchant Residence Site Plan and Certificate of Appropriateness Application Request for Cash in Lieu of Parkland
Dedication, Application Z13237 (Brekke)
11. Approve Resolution 4495, authorizing Change Order 2 for the 2013 Sewer
Rehabilitation Project (Murray) 12. Finally Adopt Ordinance 1874, a text amendment to Chapter 38 of the
municipal code to define “Manufacturing, artisan” and assign the newly
defined use to various zoning districts and establish Manufacturing, light
as a conditional use in the B-3 district; Applicable throughout all areas designated as B-1, B-2, B-3, M-1, M-2, BP, HMU, UMU and REMU on
the Zoning Map, Application Z13220 (Saunders)
13. Finally Adopt Ordinance 1877, amending Article 38.11, Urban Mixed Use
Zoning District in accordance with the decision of the City Commission
on October 28, 2013, Application Z13164 (Saunders)
06:16:40 PM Public Comment
Mayor Becker opened public comment. No person commented.
Mayor Becker closed public comment.
06:16:50 PM Motion and Vote to approve Consent Items F. 1-13 as submitted.
Commissioner - Cynthia Andrus: Motion
Commissioner - Carson Taylor: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve H. 06:17:14 PM Public Comment
06:17:41 PM Taylor Lonsdale, Public Comment
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Mr. Lonsdale spoke in support of the Bozeman Ponds expansion.
06:19:09 PM Larry Bowman, Public Comment
Mr. Bowman spoke in support of the Bozeman Ponds project. His office overlooks the Park. He is glad to see an off leash park for dogs there.
06:20:59 PM Thom Krauss, Public Comment
Mr. Krauss stated that he worked on the first pond project. A goal has always been to
increase the park land. 06:25:29 PM Thomas Horton, Public Comment
Mr. Horton stated that he is a FWP representative and spoke in support of the Bozeman
Ponds project.
06:27:13 PM Page Dabney, Public Comment
Ms. Dabney encouraged the Commission to support the Bozeman Ponds project.
06:28:11 PM Public Comment Closed
Mayor Becker closed public comment.
I. 06:28:17 PM Action Items
2. 06:28:19 PM A Conditional Use Permit for the property addressed as 3136
Foxtail Street, to allow an Accessory Dwelling Unit over an existing garage in
an R-1 zoning district, Application Z13232 (Jacobs)
06:29:32 PM Staff Presentation
Staff Planner Pat Jacobs gave the Staff presentation for A Conditional Use Permit for the property addressed as 3136 Foxtail Street, to allow an Accessory Dwelling Unit over an
existing garage in an R-1 zoning district, Application Z13232.
06:36:42 PM Commission Questions for Staff
The Commission and staff discussed the construction of a kitchen facility, conformance to the area, rental of the property and intent of the area.
06:41:21 PM Applicant Presentation.
The Applicant representative gave the presentation for A Conditional Use Permit for the
property addressed as 3136 Foxtail Street, to allow an Accessory Dwelling Unit over an existing garage in an R-1 zoning district, Application Z13232.
06:42:02 PM Commission questions for Applicant.
The Applicant representative and the Commission discussed the construction of the
kitchen and completion of the application process. 06:42:39 PM Public Comment.
Mayor Becker opened public comment.
No person commented.
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Mayor Becker closed public comment.
06:42:48 PM 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 Z13232 and move to approve the 3136 Foxtail Street Conditional Use Permit with conditions and subject to all applicable code provisions.
Commissioner - Carson Taylor: Motion Deputy Mayor - Jeff Krauss: 2nd
06:43:17 PM Commission Discussion
The Commission discussed accessory dwelling units, the R-1 zoning and protecting
historical neighborhoods.
06:45:56 PM Vote on the 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 Z13232 and move to
approve the 3136 Foxtail Street Conditional Use Permit with conditions and subject to all applicable code provisions.
Commissioner - Carson Taylor: Motion
Deputy Mayor - Jeff Krauss: 2nd
Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
3. 06:46:10 PM Bozeman Creek Properties Extended Stay Conditional Use
Permit to allow the Permanent Establishment of an Extended Stay Lodging
Unit at 708 North Rouse Avenue, Application Z13237 (Quasi-Judicial)
(Brekke)
06:46:57 PM Staff Presentation.
Community Development Director Wendy Thomas gave the staff presentation for the
Bozeman Creek Properties Extended Stay Conditional Use Permit to allow the Permanent Establishment of an Extended Stay Lodging Unit at 708 North Rouse Avenue,
Application Z13237.
06:51:39 PM Commission Questions for Staff
The Commission and Staff discussed signed flags and building department review. 06:52:53 PM Applicant Presentation
The applicant representative gave the presentation regarding the Bozeman Creek
Properties Extended Stay Conditional Use Permit to allow the Permanent Establishment
of an Extended Stay Lodging Unit at 708 North Rouse Avenue, Application Z13237.
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06:54:02 PM Commission Questions for Applicant
The Commission and Applicant discussed the overlay district, marketing of the property
and vacation rentals.
06:55:36 PM Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
06:55:53 PM 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 13237 and move to approve the Bozeman
Creek Properties Extended Stay Conditional Use Permit with conditions and subject to all applicable code provisions. Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd 06:56:20 PM Commission Discussion on the Motion The Commission discussed the location of this being in a historical mixed use area.
06:57:12 PM Vote on the 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 13237 and move to approve the Bozeman Creek Properties Extended Stay Conditional Use Permit with
conditions and subject to all applicable code provisions.
Deputy Mayor - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve 06:57:27 PM Break
Mayor Becker called for a break.
07:07:54 PM
Mayor Becker called the meeting back to order.
4. 07:07:57 PM Resolution 4494, authorizing the Allocation of $1,045,000 from
Trails, Open-Space and Park Bond Funds for the Bozeman Pond Expansion Project (Overton)
07:08:27 PM Staff Presentation
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Mr. Overton gave the staff presentation for Resolution 4494, authorizing the Allocation
of $1,045,000 from Trails, Open-Space and Park Bond Funds for the Bozeman Pond
Expansion Project. Mr. Kukulski spoke regarding surrounding Municipal Infrastructure.
07:26:48 PM Commission Questions for Staff
The Commission and Staff discussed the property sale, the estimated timeline, the City’s
opportunity to obtain acreage, the amount of trail area, amenities, master planning,
development processes and Commission involvement.
07:44:50 PM Applicant Presentation
The Applicant representative gave the presentation regarding Resolution 4494,
authorizing the Allocation of $1,045,000 from Trails, Open-Space and Park Bond Funds
for the Bozeman Pond Expansion Project.
07:50:51 PM Commission Questions for Applicant
The Commission and Applicant discussed timelines.
07:52:16 PM Public Comment
Mayor Becker opened public comment.
07:52:27 PM Terry Cuningham. Public Comment
Mr. Cunningham stated that he is the founder of Run Dog Run and spoke in support of
the application.
07:55:23 PM David Cooke, Public Comment
Mr. Cooke stated that he is with the Park and Recreation board. Expansion is a wonderful
project. Kudos.
07:58:29 PM Shawn Fleeman, Public Comment. Mr. Fleeman spoke in support of the expansion of the park.
07:59:28 PM Josh Fairchild, Public Comment
Mr. Fairchild spoke in support of the expansion of the park.
08:00:17 PM Rainy Poise, Public Comment
Ms. Poise stated that she is on the Haven Board of Directors. It is a 2 year estimate to
start time.
08:04:18 PM Bob Hawks, Public Comment Mr. Hawks stated that he is the TOP Committee Chair and spoke in support of the
project.
08:05:03 PM Bill Cochran, Public Comment
Mr. Cochran stated that he is on the GVLT Board of Directors. He asked the Commission to please consider this.
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08:05:52 PM Public Comment closed
Mayor Becker closed public comment.
08:06:03 PM Commission Questions for Applicant. The Commission and applicant discussed contingencies. 08:07:28 PM Motion to approve Resolution 4494 providing Trails, Open-Space and
Park Bond funding of up to $1,045,000 for the Bozeman Pond Expansion Project. Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
08:07:57 PM Commission on the Discussion
The Commission discussed the application details, infrastructure, funding, timelines, the need for an appraisal, master planning, contingencies and maintenance.
08:32:23 PM Motion to separate the two (phases), and approve Phase 1 acquisition to
spend up to $610,000 roughly on the purchase and transaction costs for the piece of
property. Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
08:34:09 PM Disposal of Main Motion to approve Resolution 4494 providing Trails, Open-Space and Park Bond funding of up to $1,045,000 for the Bozeman Pond Expansion Project.
08:34:22 PM Motion restated to separate the two (phases), and approve Phase 1
acquisition to spend up to $610,000 roughly on the purchase and transaction costs for the piece of property. Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
08:34:27 PM Commission Discussion on the Motion
08:35:59 PM Vote on the Motion to separate the two (phases), and approve Phase 1
acquisition to spend up to $610,000 roughly on the purchase and transaction costs for
the piece of property. Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
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Commissioner - Cynthia Andrus: Approve 08:36:15 PM Motion and Vote to approve Resolution 4494 providing Trails, Open-
Space and Park Bond funding of up to $1,045,000 for the Bozeman Pond Expansion Project. Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
Deputy Mayor - Jeff Krauss: Disapprove Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
5. 08:37:36 PM Integrated Water Resources Plan Implementation Plan (Heaston)
08:42:23 PM Brian Heaston, Staff Engineer
Mr. Heaston gave the Staff presentation regarding the Integrated Water Resources Plan
Implementation Plan.
08:48:50 PM Commission Questions for Staff The Commission and Staff discussed the hiring of a conservation specialist, updates to the Commission on a bi-annual basis regarding progress and the Hyalite reservoir.
09:04:12 PM Public Comment
Mayor Becker opened public comment. No person commented.
Mayor Becker closed public comment.
09:04:21 PM Motion that having reviewed the information presented and considered
public comment and staff input, I move to accept the Integrated Water Resources Plan Implementation Plan. Commissioner - Cynthia Andrus: Motion
Commissioner - Carson Taylor: 2nd
09:04:52 PM Commission Discussion on the Motion The Commission discussed development of City water, concerns of raising rates in order
to make people conserve water, and the need for anticipated approximate costs.
09:14:58 PM Vote on the Motion that having reviewed the information presented and
considered public comment and staff input, I move to accept the Integrated Water
Resources Plan Implementation Plan. Commissioner - Cynthia Andrus: Motion
Commissioner - Carson Taylor: 2nd
Deputy Mayor - Jeff Krauss: Disapprove
Mayor - Sean Becker: Approve
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Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve 6. 09:15:15 PM Provisional Adoption of Ordinance 1870, Amending the
Bozeman Municipal Code to adopt Increases for Parking Violation Citations
for Montana State University Residential Permit Violations to $60, Street
Maintenance Violations to $30 and miscellaneous Public Safety Parking
Violations to $50 (Lee)
09:15:50 PM Scott Lee, Parking Manager
Parking Manger Scott Lee gave the staff presentation regarding the Provisional Adoption of Ordinance 1870, Amending the Bozeman Municipal Code to adopt Increases for
Parking Violation Citations for Montana State University Residential Permit Violations
to $60, Street Maintenance Violations to $30 and miscellaneous Public Safety Parking
Violations to $50.
09:28:41 PM Commission Questions for Staff
The Commission and staff discussed the concerns of the 24 hour window of notifications
pertaining to street maintenance and the need for quarterly updates.
09:32:51 PM Public Comment Mayor Becker opened public comment.
09:33:07 PM Ben Loyd, Public Comment
Mr. Loyd spoke regarding parking permits on and off campus.
09:34:35 PM Chris Naumann, Public Comment
Mr. Naumann from the Downtown Partnership spoke regarding restricted zones and
spoke in support of the ordinance.
09:37:49 PM Public Comment closed Mayor Becker closed public Comment.
09:37:56 PM Motion that having conducted a public hearing and considered public
comment, I hereby move to provisionally adopt Ordinance 1870 amending Chapter 36,
Article 4 of the Bozeman Municipal Code related to parking violation fine increases. Commissioner - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd 09:38:28 PM Commission Discussion on the Motion
The Commission discussed the 24 hour noticing, the need for a plan from the Parking Commission, safety and raising the fees.
09:42:52 PM Friendly amendment to exclude Street Maintenance violation section.
09:44:11 PM Commission Discussion on the Friendly Amendment to the Main Motion.
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The Commission discussed increasing the noticing to a 48 hour notice, complexity in
neighborhoods, public education, and the MSU parking districts.
09:51:14 PM Vote on the Main Motion that having conducted a public hearing and considered public comment, I hereby move to provisionally adopt Ordinance 1870 amending Chapter 36, Article 4 of the Bozeman Municipal Code related to parking violation fine increases with the friendly amendment to exclude the Street Maintenance
Violation Section.
Commissioner - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Jeff Krauss: Disapprove
Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve 7. 09:51:33 PM Provisional Adoption of Ordinance 1878, Consideration of
Commission Compensation Changes (Kukulski)
09:52:00 PM City Manager Chris Kukulski Mr. Kukulski gave the staff presentation for the Provisional Adoption of Ordinance 1878,
Consideration of Commission Compensation Changes.
09:59:16 PM Meeting extended to 10:15
Mayor Becker extended the meeting to 10:15 p.m.
09:59:21 PM Commission and Staff Discussion
The Commission and Staff discussed protracted pay, separation from the current
Commission and growth rates.
10:12:00 PM Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
10:12:09 PM Continued Commission Discussion
Commission discussion took place regarding babysitting costs and attendance at advisory
board meetings. Mayor Becker spoke regarding minimum standards.
10:15:08 PM Motion to provisionally adopt Ordinance 1878 including Option 1. Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
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10:15:40 PM Commission Discussion on the Motion
The Commission discussed sacrifices, the assumption of this being perceived as a job
instead of public service, increased momentum in vested processes and a cost of living adjustment.
10:31:47 PM Vote on the Motion to provisionally adopt Ordinance 1878 including
Option 1.
Option 1: A lump sum adjustment to adjust for inflation and the cost of living.
Mayor Becker estimated a proposed $300.00/month increase to Commissioners’ pay. The
Mayor calculated this increase by using Bozeman’s minimum standards of living,
including housing, public access, and cost of living. This formula was arrived at by using
the average Bozeman calculated rent of $850.00 per month and reduced by the margin of error to $799.00 per month. By then calculating for an estimated half-time commitment
of Commissioners per month, and calculating that rent be no more than 1/3 of the cost of
living, $300.00 was calculated as a lump sum increased adjustment. This adjustment
would automatically trigger a $450.00 increase to the Mayor’s pay. The new monthly
salary would therefore amount to $1,200.00 for Commissioner’s and $1,800.00 for the Mayor. There is no proposal to attach a COLA increase to this wage adjustment.
Accordingly, Section Two of the Ordinance would reflect the penalty for unexcused
absences by Commissioners and Mayor to $300.00 and $450.00.
Commissioner - Carson Taylor: Motion
Commissioner - Cynthia Andrus: 2nd
Deputy Mayor - Jeff Krauss: Disapprove
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Disapprove
8. 10:32:25 PM Appointment to the Beautification Advisory Board
(Brunckhorst)
Motion and Vote to appoint Ellen Kuntz to the Beautification Advisory Board.
Commissioner - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
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9. 10:32:55 PM Appointment to the Wetlands Review Board (Brunckhorst)
Motion and Vote to appoint Kyle Martens to the Wetlands Review Board.
Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve J. 10:33:15 PM FYI/Discussion
1. The December 9th City Commission meeting will start at 5:15 p.m.
K. 10:34:12 PM Adjournment
The meeting was adjourned at 10:34 p.m.
______________________________
Sean A. Becker, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________
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