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HomeMy WebLinkAbout12-02-2013 Minutes, City Commission SO THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, December 2,2013 De u1 Mayor - Jeff Krauss: Present Ma or - Sean Becker: Present Commissioner - Carson.Tailor: Present Commissioner - Chris Mehl: Present Commissioner - �� rus: 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—5m 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 I'M Minutes —November 12, 2013 05:23:51 PM Motion and Vote to approve the Minutes from Novemher 12, 2013 as suhmitted. Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd Deputy Mayor - Jeff Krauss: Agprove Mayor - Sean Becker: Approve Commissioner - Carson Tavlor: ADDrove Commissioner - Chris Mehl: A:�Rr:q_ve Commissioner - Cynthia Andrus: Approve Page 1 of 14 Bozeman City Commission Afintiles,December 2,2013 E. 05:24:05 PM Action Item 1 05:24:37 Phi 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. 0�5:33:36 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 I'M 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 19"' Special Meeting Agenda. F. 06:14:49 PM Call to Order— 6 p.ni,.—Commission Room, City Hall, 121 North Rouse (1-I'stirriated Slart 'Virne) 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) 1-<Z 3. Authorize Public Access, Sewer and Water Pipeline Easements for the Crowley Fleck Master Site Plan, 19th Capital Group, LLC (Johnson) 11". 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 (I-IRDC) as the local HOME administrator and Page 2 of 14 Bozeman Qy Commission Minutes,December 2,2013 recognizing Gallatin County as the agency preparing environmental review for eligible HOME projects/developments (Thomas) lz I <D 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 Z I monitoring at the Story Mill Landfill (Johnson) M '-4-- 8. Approve Assignments in General Fund to be reported in the Fiscal Year 2013 Comprehensive Annual Financial Report (Rosenberry) 7L� 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 213237 (Brekke) 1111_4Z 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 Tavlor: 2nd De gat Ma or - Jeff Krauss: Approve Mayor-Sean Sean Becker., Approve Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Page 3 of 14 Bozeman Chy Commission Atinitles,December 2,2013 H. 06:17:14 PM Public Comment 0�6:17:41 PM Taylor Lonsdale, Public Comment Mr. Lonsdale spoke in support of the Bozeman Ponds expansion. 06:19:09 PM LaLa 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 P'M 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 FP 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, 1. 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 9 an R-1 zoning district, Application Z13232 (Jacobs) "-, <:J 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 213232. 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. Page 4 of 14 Bozeman City Commission Minutes,Deceinher 2,2013 06:4139 PM Public Comment. Mayor Becker opened public comment. No person commented. 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 reportfor application 213232 and move to approve the 3136 Foxtail Street Conditional Use Permit with conditions and subject to all applicable code provisions. Commissioner- C Deputy Mayor - Jeff Krauss: 2nd 06:43:17 PM Commission Discussion The Commission discussed accessory dwelling units, the R-I 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 213232 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 J2qppty_M4yqr - L ff Krauss. A _ _ _pTLove Mayor - Scan Becker:-Apgave Commissioner. - Carson TaylqL Approve Commissioner- Chris Mehl: Approve Commissioner - Cynthia Andrus: AppLove 1 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 213237 (Quasi-Judicial) (Brekke) 41-4 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 213237. 06:51.39 PM Commission Questions for Staff The Commission and Staff discussed signed flags and building department review. Page 5 of 14 Bozeman GO,Commission Albudes,Deco ether 2,2013 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 70,8 North Rouse Avenue, Application ZI 3237. 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 far 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 Mqyor_-.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 Ma or - Sean Becker: Approve Commissioner - Carson'I'qylor: 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. Page 6 of 14 Boleman Cit),Commission Minutes, Deceniber2,2013 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) 07:0827 PM Staff Presentation 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 Terri, Cuningham. Public Comment Mr. Cunningham stated that he is the founder of Run Dog Run and spoke in support of the application. 07:55:2 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. Page 7 of 14 Bozeman Gly Commission Minutes,December 2,2013 08:05:03 I'M BX Cochran, Public Comment Mr. Cochran stated that he is on the GVLT Board of Directors. Ile asked the Commission to please consider this. 08:05:521''M 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. 0832:23 PM Motion to separate the two (phases), and approve Phase I acquisition to spend up to $610,000 roughly on the purchase and transaction costs for the piece of property. Dei)ut r Maygii-JeffKrauss: Motion Commissioner - Chris Mehl: 2nd 08:34:09 PM PlWosal of Main Motion to approve Resolution 4499 providing Trails, Open-Space and Park Bond funding of up to $1,045,000 for the Bozeman Pond Expansion Project 0�8:34:22 PM Motion restated to separate the two (phases), and approve Phase I acquisition to spend up to $610,000 roughly on the purchase and transaction costs for the piece of property. Dei)uty Mayor - Jeff Krauss: Motion C ornmissioner- 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 I acquisition to spend up to $610,0'00 roughly on the purchase and transaction costs for the piece of property. Page 8 of 14 Bozeman G ,Commission Minutes,December 2,2013 Deputy Mayer - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd Deputy Mayor - Jeff Krauss'. Approve Mayqr - Sean Becker: Commissioner- Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - C jithia AndrqqL. ARpLQve 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 Mayor - Sean Becker: Approve Commissioner- Carson TaylorL. Approve Commissioner- Chris Mehl: A grove pp _ Commissioner- Cynthia Andrus: Approve 5. 08:37:36 PM Integrated Water Resources Plan Implementation Plan (Heaston) 08:42:23 PM Brian fleaston, Staff Engineer Mr. fleaston 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, O�9:04-: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 puhlic 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. Page 9 of 14 Bozeman Q1,Commission Hinutes,Da-einher 2,2013 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 - CMthia Andrus: Motion Commissioner- Carson Taylor: 2nd Deputy Mayor jeff Krauss. DisqppKovq Mayor - Sean Becker: Approve Commissioner- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve 6. 09:15:15 I'M 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 1970,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. 09:3151 PM Public Comment Mayor Becker opened public comment. 09:33:07 PM Ben LoVd,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. 09:37A9' PM Public Comment closed Mayor Becker closed public Comment. 09:37-56 PM Motion that having conducted apublic 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. Page 10 of 14 flozonan 0 1,Commission Minutes,December 2,2013 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 Frien!fj amendment to exclude Street Maintenance violation section. 09:44:11 PM Commission Discussion on the Friendly Amendment to the Main Motion. 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 friend[ in a endment to exclude the Street Maintenance I Violation Section.. Commissioner - Carson Taylor: Motion Commissioner - Chris Mehl: 2nd Deputy Mayor- Jeff Krauss: Disapprove Mayor - Sean Becker: Approve Commissioner - Carson Tgylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Aroove 7. 09:51:33 PM Provisional Adoption of Ordinance 1878, Consideration of Commission Compensation Changes (Kukulski) I , <- 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 P'M 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. Page 11 of 14 Bozeman 01.),Commission Affindes,December 2,2013 Mayor Becker closed public comment. 10:1.2:09 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 - Cvnthia Andrus: 2nd 10:15:40 PM Commission Discussion on the Motion The Commission discussed sacrifices, the assumption of this being perceived as ajob instead of public service, increased momentum in vested processes and a cost of living adjustment. 1.0:31:47 PM Vote on the Motion to provisionally adopt Ordinance 1878 including Qption 1• Option 1: A IumI2 sum adjustment to adjust for inflation and the cost of fivinLy. 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 Ma or - Sean Becker: Appmve Commissioner - Carson Tavlor: A -orove Commissioner - Chris Mehl: Approve Commissioner- Cynthia Andrus: Disapprove 8. 10:32:25 PM Appointment to the Beautification Advisory Board (Brunckhorst) k4z Page 12 of 14 Bozeman City Commission Alinules,December 2,2013 Motion and Vote to appoint Ellen Kuntz to the Beautification Advisory Board. Commissioner - Cynthia Andrus: Motion Commissioner - Chi-is Mehl: 2nd De tv Mayor - Jeff Krauss: L -App oy _q Mayor - Scan B,ecker: A Commissioner- Carson Taylor: APP-LO-ve Corrinaissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve 9. 10:32:55 PM Appointment to the Wetlands Review Board (Brunckhorst) Motion and Vote to appoint Kyle Martens to the Wetlands Review Board, Deauty Mayor Jeff Kmuss: Motion Commissioner - Chris, Mehl: 2nd Depluty Mayor - Jeff Krauss: AT. prove Mayor - Scan Becker: Approve Commissioner - Carson"Faylor: Approve Commissioner - Chris Mehl: Approve ComnIJ_s.sionei-_.:_Cynthia.Andrus: Approve 1 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. Scan A. Becker, Mayor B n I A1411 11 ATTEST,.-/ L) A k Stacy/UlnItC ,City PREPARED BY: Page 13 of 14 Bozeman 01-Commission Minutes,December 2,2013 Du C�InoL4�' D Sta. Ul en, Crty Clerk. Approved roved on C Page 14 of 14