HomeMy WebLinkAbout10-20-2014 Minutes, City Commission co.1110
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, October 20, 2014
For the minutes linked to the video please visit:
httn://www.avcantureall.com/Sessions.asnx#session.5d62b8fO-4e80-4d57-97e7-
6e781464a929
Table of Contents -a
06:01:39 PM
Mayor Krauss called the meeting to order at 6:01 p.m.
Mayor - Jeff Krauss: Present
Deputy Mayor- Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present
Staff present at the dais was City Manager Chris Kukulski, City Attorney Greg Sullivan
and Deputy City Clerk Aimee Brunckhorst.
A. Call to Order— 6 p.m. —Commission Room, City Hall, 121 North Rouse Avenue
B. Pledge of Allegiance and a Moment of Silence
C. Changes to the Agenda
None.
D. Public Service Announcement- Fall Clean-up
John VanDelinder, Street Superintendent provided a service announcement saying that
subdivision leaf pick up will begin October 29"'with core pickup beginning November
3`d. He provided reasoning why they handle leaf pick up. On November 8"', 15i" and 22"d
from 10 to 2 p.m. you can also bring your leaves to the city shops complex. Please call
582-3202 with questions.
E. Minutes — October 6, 2014 a
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Bozeman City Commission Minutes, October 20, 2014
Motion and Vote to approve the minutes of October 6, 2014 as submitted.
Commissioner- Cynthia Andrus: Motion
Deputy Mayor- Carson Taylor: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 5-0.
F. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres) a
2. Letter of Support for the Technical Assistance Grant from Smart Growth
America to develop a Transportation Performance Measurement Program
(Thomas) �a
3. Ratify Agreements with Non-government Partners regarding Office of
Violence Against Women Grant Award (McLane) a
4. Ratify acceptance of$550,941 Department of Justice, Office of Violence
Against Women 3-year grant award (McLane) E�L a
5. Addendum to 2011 Gallatin County, City of Bozeman Victim Services
Inter-Local Agreement regarding Office of Violence Against Women
Grant Award (McLane) 1 C=
6. Grant Agreement between the City of Bozeman and the Human Resources
Development Council (HRDC)to Provide up to $160,000 for Down
Payment Assistance for Buyers at West Edge Condominium, Phase 3
(Thomas) /a
7. 2014 Wastewater Collection System Facility Plan Update Amendment 1
to the Professional Services Agreement with Morrison-Maierle (Murray)
8. Professional Services Agreement with Tetra Tech Inc. for Sidewalk
Removal along South Wallace Avenue (Johnson) K- a
9. Final Adoption of Ordinance 1898 approving the Fellowship Baptist
Church Zone Map Amendment to rezone approximately 1.54-acres from
R-3 (Residential Medium Density District) to R-4 (Residential High
Density District) generally located on North 27th between Tschache Lane
and Oak Street, Application Z14201 (Davis) Kl_ a
City Manager Chris Kukulski provided a summary on the consent items.
Public comment on consent items 1-9.
Mayor Krauss opened public comment. Seeing none, he closed public comment.
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Bozeman City Commission Minutes, October 20, 2014
Motion and Vote to approve Consent Items E. 1-9 as submitted.
Deputy Mayor- Carson Taylor: Motion
Commissioner- I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 5-0.
G. Public Comment
Mayor Krauss opened general public comment.
06:11:20 PM Scott Makoutz,Public Comment
Mr. Makoutz, Tree Advisory Board member and consulting arborist spoke regarding the
upcoming city partnership with the Montana DNRC updating the urban forestry plan. He
explained what this plan will entail and why it is important to do this update at this time.
He said there are over 20,000 trees in the city with a value of over 50 million dollars. He
spoke regarding the many benefits of urban forests. He explained they will be
incorporating city departments and a number of partners. To develop this project they
will be hosting a number of public meetings to set goals and objectives. He would
encourage involvement by the Commission and public.
06:15:08 PM EJHook,Public Comment
Mr. Hook of 4634 Danube spoke in favor of the upcoming urban forestry plan update and
the value of trees as an important and valuable piece of city infrastructure. The benefits
are twofold—physical, aesthetic, being part of the carbon cycle, etc., but a thoughtful
approach is also meaningful for the community experience within the city.
06:18:10 PM Leta Mudga, Public Comment
Ms. Mudga of 433 Clifton Drive has lived in Bozeman over twenty years but is originally
from Guatemala. She would encourage and support the city to work beyond current
successes to increase urban forest efforts. She spoke regarding volunteer work she has
been involved in planting trees at local schools. She spoke to the benefits of urban trees.
She also gave an example of urban forest efforts in Portland, Oregon. She spoke
regarding meeting with Recreation and Parks Director Mitch Overton and Climate
Coordinator Natalie Meyer about her ideas and was pleased to learn that the city was
working towards some of the goals she came to talk about.
06:23:06 PM Nick Zelver, Public Comment
Mr. Zelver of 433 Clifton Drive also spoke in favor of urban forest efforts. He spoke
regarding the improvements that have been made over the years in the urban forest of
Bozeman. The cities strategizing for optimal and sustained growth of the urban forest are
wonderful.
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Bozeman City Commission Minutes, October 20, 2014
06:26:24 PM Ramona Anderson,Public Comment
Ms. Anderson said she is a Bozeman native asked that the city consider naming the street
in the east field where the mental health facility is near the hospital Knutsen Drive after
the original owners of the property in that area including where the hospital is.
Seeing no further comment, Mayor Krauss closed public comment.
H. Action Items
1. First Security Bank/AO Zone Map Amendment a Request to Amend the Zonine
Map on 6.59 acres from BP (Business Park District)to B-2 (Community
Business District) at 536 and 642 Cottonwood Road.Application Z 14195
(Saunders) I a
06:27:33 PM Chris Saunders provided the staff presentation on this item.
Mayor Krauss asked for questions of staff. The Commission did not have questions.
06:30:39 PM Chris Budeski,Applicant
Chris Budeski, with Madison Engineering provided the staff presentation on behalf of the
applicant.
06:31:52 PM Public Comment
Mayor Krauss opened public comment. Seeing none, he closed public comment.
06:31:58 PM
Motion that having reviewed and considered the application materials public comment
and all the information presented,I hereby adopt the findings presented in the staff report
for application Z-14195 and move to approve the zone map amendment with contingencies
and subiect to all applicable code provisions.
Commissioner- I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Discussion on the motion.
06:33:14 PM
Vote on the motion that having reviewed and considered the application materials, public
comment,and all the information presented, I herebv adopt the findings presented in the
staff report for application Z-14195 and move to approve the zone map amendment with
contingencies and subiect to all applicable code provisions.
Commissioner - I-Ho Pomeroy: Motion
Commissioner- Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor- Carson Ta, l}�or: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
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Bozeman City Commission Minutes, October 20, 2014
Commissioner- I-Ho Pomeroy: Approve
The motion passed 5-0.
2. Town Pump Request to Modify Conditions of a previously pproved Conditional
Use Permit regarding Street Widening to allow Automotive Fuel Sales and a
Convenience Store located at 5050 Cottonwood Road with a Certificate of
Appropriateness with Deviations from Section 38.22.060 to allow a Service
Canopy Height of 20%over the normal limit, on ig gal Application Z13132,
current Application Z 14289 (Qiimi-.hIdicia1)(Saunders) a
06:34:03 PM Chris Saunders provided the staff presentation on this item.
06:42:43 PM Mayor Krauss asked for questions of staff.
06:42:47 PM Cr. Andrus began questions for staff asking about safety.
06:43:28 PM Brian Heaston, Project Engineer
Mr. Heaston spoke regarding safety on the existing lanes.
06:44:48 PM Cr. Andrus asked further questions.
06:45:25 PM Deputy Mayor Taylor asked questions about the timing of road
construction.
06:46:07 PM Cr. Pomeroy asked a further question of staff regarding the details of the
changes in the condition that are being requested.
06:46:53 PM Mayor Krauss asked questions of Brian Heaston.
06:47:40 PM Chris Budeski,Applicant Presentation
Mr. Budeski with Madison Engineering provided the presentation on behalf of the
applicant.
06:51:17 PM Cr. Andrus asked questions of the applicant.
06:52:12 PM Mayor Krauss continued questions of the applicant.
Public Comment
Mayor Krauss opened public comment. Seeing none, he closed public comment.
06:52:46 PM Cr. Mehl asked a question of the engineer Brian Heaston.
06:54:06 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 Z14289 and move to approve the
modification to conditions of approval 8 and 9 subiect to all applicable code
provisions.
Commissioner- Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
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Bozeman City Commission Minutes, October 20, 2014
Discussion on the motion.
Vote on the motion that havinL- 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 Z14289 and move to approve the modification
to conditions of approval 8 and 9 subject to all applicable code provisions
Commissioner- Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
The motion passed 5-0.
Break
Mayor Krauss called for a break.
07:13:37 PM Mayor Krauss called the meeting back from break.
3. Discussion and Direction to staff reizai-ding,Policy and Practices in determining
when Park Land Dedication is required and in Accepting VaILdII9, and
Expeiidingy Cash-in-lieu of Park Land and potential related Municipal Code
Amendment and Administrative Documentation related to Park Land
(Overton/Thomas) �a
07:13:48 PM Wendy Thomas, Community Development Director began the presentation
on this item.
07:20:24 PM Mitch Overton, Parks and Recreation Director continued the presentation
on this item beginning with issue two listed on the memorandum, - Determination of
when Cash-in-Lieu of Park Land is appropriate.
07:26:12 PM Chris Kukulski, City Manager provided information that the appraisal
issues raised under issue 3 are related to proposed State Resolution 14 of the Montana
League of Cities and Towns which speaks to the valuation of fair market value of cash in
lieu.
07:26:53 PM Mitch Overton continued speaking regarding issue 3.
07:29:05 PM Wendy Thomas added information regarding the map that depicts past
locations of cash-in-lieu of park land dedications.
07:30:14 PM Mitch Overton continued the presentation introducing issue 4 -
Improvements-In-Lieu of Park Land.
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Bozeman City Commission Minutes, October 20, 2014
07:32:12 PM Mitch Overton continued the presentation speaking towards issue 5 -
Expenditures of Cash-In-Lieu Funds.
07:33:56 PM Wendy Thomas continued speaking to issue 6 —Administrative Structure
for Cash-In-Lieu of Park Land.
Sandy Dodge with the Recreation and Parks Advisory Board and Subdivision Review
Committee made himself available for questions and discussion.
07:37:30 PM Mayor Krauss asked questions of Sandy Dodge.
07:37:46 PM Sandy Dodge spoke regarding the lack of development between 2007 and
2012. Since then, most of the applications have been fairly small and made sense to take
cash-in-lieu. He spoke to the problems that have come about from subdivision
bankruptcies. After the TOP Bond passed, the city had another way to purchase land.
07:40:39 PM Public Comment
Mayor Krauss opened public comment.
07:41:04 PM Chris Budeski,Public Comment
Mr. Budeski would like to see predictability coming into a project including a set number
of units that would trigger staff being able to handle the decision on smaller projects.
What he is seeing from staff, he really likes.
David Cook referred to Sandy Dodge's expertise in these matters.
07:44:04 PM Cr. Mehl began questions regarding issues 1 and 2.
07:46:33 PM Cr. Andrus asked questions regarding issue 1.
07:46:48 PM Wendy Thomas answered questions.
07:47:29 PM Mitch Overton continued answering questions.
07:47:57 PM Cr. Taylor
07:48:02 PM Mayor Krauss
Mayor Krauss provided discussion.
07:51:47 PM Cr. Mehl provided additional discussion.
Mayor Krauss provided additional discussion.
Cr. Mehl continued discussion.
07:55:15 PM Sandy Dodge provided discussion.
07:56:57 PM Wendy Thomas continued discussion.
07:57:28 PM Cr. Andrus continued discussion.
07:58:03 PM Mayor Krauss continued discussion.
07:58:31 PM Chris Saunders answered a question from Mayor Krauss.
07:59:56 PM Cr. Mehl continued discussion.
08:02:43 PM Cr. Taylor continued discussion.
08:04:15 PM Cr. Pomeroy continued discussion.
08:04:40 PM
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Bozeman City Commission Minutes, October 20, 2014
Motion and Vote to direct staff to prepare the necessary ordinance amendments to
change mitigation of recreational impact requirements to be based on the number of
dwellings rather than review process and I move to direct staff to prepare the
necessary ordinance amendments to include mitigation of recreational impacts in
the review of minor subdivisions.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 5-0.
Issue 2—Determination of when Cash-In-Lieu of Park Land is Acceptable
08:07:02 PM Cr. Mehl began questions on issue 2.
Mitch Overton answered questions.
08:08:17 PM Cr. Mehl continued questions and discussion regarding what he would like
to see with the criteria.
08:09:47 PM Mayor Krauss asked a question of Sandy Dodge.
08:10:03 PM Sandy Dodge answered a question from Mayor Krauss and then continued
the discussion.
08:11:02 PM Sandy Dodge continued discussion.
08:11:28 PM Chris Saunders spoke regarding the project review planning and what
would improve the process on their end.
08:14:48 PM Chris Saunders spoke regarding a clear policy statement to supplement the
criteria.
08:15:18 PM Cr. Taylor asked a question.
08:15:47 PM Greg Sullivan, City Attorney provided guidance to the Commission.
08:17:05 PM Cr. Mehl continued discussion.
Mayor Krauss continued discussion.
08:18:48 PM Cr. Andrus continued discussion.
08:19:09 PM Mayor Krauss continued discussion.
08:19:59 PM Cr. Mehl continued discussion.
08:22:59 PM Cr. Taylor continued discussion.
Mayor Krauss continued discussion.
08:29:23 PM Greg Sullivan provided information on the discussion.
08:30:51 PM Mayor Krauss continued discussion.
08:32:34 PM
Motion to direct staff to prepare formal criteria for evaluating of cash-in-lieu of
Parkland dedication requests with a favor for retaining land and to return with a
resolution including those criteria for action by the City Commission
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Bozeman City Commission Minutes, October 20, 2014
Commissioner - Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
Discussion on the motion.
Vote on the motion to direct staff to prepare formal criteria for evaluation of cash-
in-lieu of parkland dedication requests with a favor for retaining land and to return
with a resolution including those criteria for action by the City Commission.
Commissioner- Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
The motion passed 5-0.
08:36:33 PM Cr. Taylor continued discussion.
08:42:36 PM Mayor Krauss continued discussion.
08:42:57 PM Chris Saunders answered questions.
08:43:19 PM Cr. Taylor continued discussion.
08:43:40 PM Cr. Mehl continued questions.
08:43:49 PM Greg Sullivan answered questions.
08:44:29 PM Cr. Taylor continued questions and discussions.
08:44:59 PM Sandy Dodge provided an example.
02:46:58 Issue 3—Valuation/Evaluation Process
Cr. Mehl began questions and discussion for staff.
Mitch Overton answered questions.
08:48:45 PM Cr. Andrus asked questions.
08:49:20 PM Wendy Thomas answered questions.
08:50:12 PM Mayor Krauss continued discussion.
08:50:42 PM Cr. Taylor asked questions and continued discussion.
08:51:45 PM Sandy Dodge provided discussion.
08:52:22 PM Greg Sullivan answered questions.
08:53:29 PM Cr. Pomeroy asked questions and provided discussion.
08:54:59 PM Cr. Mehl
08:55:11 PM
Motion to direct staff to draft the necessary code amendments and documents to
establish a City managed cash-in-lieu of parkland appraisal system or other method
and to return with such ordinance and/or resolution as is required for action by the
City Commission.
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Bozeman City Commission Minutes, October 20, 2014
Commissioner - Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
Mayor-Jeff Krauss: Approve
Depig Mayor- Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
The motion passed 5-0.
Cr. Mehl provided discussion.
08:58:55 PM Issue 4—Improvements in Lieu
08:59:02 PM Cr. Mehl continued discussion.
09:00:07 PM Wendy Thomas provided discussion and examples.
09:01:00 PM Mayor Krauss continued discussion.
09:04:04 PM David Cook provided discussion.
09:05:43 PM Thom White, Parks Superintendent
Mr. White provided discussion related to Mr. Cook's discussion.
09:06:37 PM Deputy Mayor Taylor provided discussion.
09:07:01 PM Mitch Overton provided discussion.
09:07:42 PM Chris Kukulski provided discussion.
09:08:18 PM Sandy Dodge provided discussion.
Cr. Mehl provided discussion.
09:11:23 PM Motion and Vote to direct staff to prepare the necessary documents to
develop an Improvements-in-lieu of parkland option and to bring them to the
Commission for consideration throuEh the appropriate amendment process
Commissioner- Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 5-0.
09:12:15 PM Issue 5—Expenditures of Cash-In-Lieu Funds
09:12:57 PM Wendy Thomas explained this issue further.
09:13:40 PM
Motion to direct the Parks and Recreation Director to make an annual report to the
Commission on activities of his department.
09:15:06 PM David Cook spoke regarding the use of cash-in-lieu funds.
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Bozeman City Commission Minutes, October 20, 2014
09:15:53 PM Chris Kukulski spoke regarding flexibility in who will provide the report
and how the report will be given.
Cr. Mehl agreed that flexibility would be allowed in the motion regarding who and how
the report would be handled.
09:16:39 PM Cr. Taylor continued discussion.
Vote on the motion to direct the Parks and Recreation Director to make an annual
report to the Commission on activities of his department.
Commissioner- Chris Mehl: Motion
Commissioner- CMnthia Andrus: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy-Approve
The motion passed 5-0.
09:18:06 PM Issue 6—Administrative Structure for Cash-In-Lieu of Park Land
Chris Saunders provided explanation on this issue saying this would allow flexibility in
how changes are made. This would create a general structure in the Ordinance and then
by Resolution the Commission would indicate the policy they want to execute. This
would allow changes to be made much easier and quicker.
09:19:48 PM Cr. Mehl continued discussion.
Motion and Vote that staff come back to the commission with recommendations to
consider resolutions over other options.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cmthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
The motion passed 5-0.
I. FYI/Discussion
1. October 21st and 23rd —Master Planning Workshop for the Athletic
Complex
Mitch Overton, Parks and Recreation Director announced that they will host two
public meetings for the master planning of the athletic complex. The October 21 st
meeting will be held from 7 to 9 p.m. in the Madison room at City Hall and the October
23rd meeting will be held from 5:30 to 7:30 p.m. in the Madison room.
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Bozeman City Commission Minutes, October 20, 2014
2. Mayor Krauss thanked Sandy Dodge, David Cook and all the staff for
participating fully in the last discussion.
09:22:11 PM
3. City Manager Evaluation
Chris Kukulski spoke regarding his upcoming evaluation and the paperwork provided to
the Commission for this task.
09:24:14 PM Mayor Krauss worked with Bethany Jorgenson on a review that will go out
via survey monkey to all the directors and then will be due November 3rd. Ms. Jorgenson
will be the only one to view the surveys and then will compile them and send them to the
Commission. Mayor Krauss would like reviews back from the Commission by November
24t". Mayor Krauss asked for the City Manager evaluation to happen on December 1 s`
09:28:44 PM Mayor Krauss
09:28:55 PM
4. Deputy City Clerk Aimee Brunckhorst Ieaving the city of Bozeman to
become City Clerk/Communications Manager for the city of Kalispell
Commissioners said good-bye and thank you to Ms. Brunckhorst for the past six years of
service. Her last day will be November 6, 2014.
Aimee Brunckhorst said good-bye and thank you for the opportunity to serve Bozeman.
09:31:12 PM
I Adjournment
Mayor Krauss adjourned the meeting at 9:31 p m.
o�.B00 y r ss
M o
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AXIN
TT �T:
Stacy ' �` `'
City C erk,
PREPARED BY:
Aimee Brunckhorst
Deputy City Clerk
Approved on KWAAW - 5; z-1
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