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HomeMy WebLinkAbout05-09-16 Linked City Commission Meeting of Bozeman, Montana Agenda THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA AGENDA Monday, May 09, 2016 Table of Contents A. Call to Order – 5:30 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. Executive Session Litigation Strategy Regarding Landfill Litigation (Sullivan) The City Commission may close all or portions of this agenda item to the public pursuant to Sect. 2-3-203(4)(a), MCA, if the Commission determines the meeting involves a discussion of litigation strategy and an open meeting would have a detrimental effect on the litigation position of the city. E. Minutes 1. Approval of Regular Combined City Commission Minutes from April 25, 2016 and User Access to Linked Minutes (Michalson) F. Consent 1. Authorize Payment of Accounts Payable Claims for Goods And Services (Lameres) 2. Appoint a Sub-Committee of Two Commissioners to Review Pledged Securities As of March 31, 2016. (Clark) 3. Authorize The City Manager to Sign a Professional Services Agreement With Allied Engineering Services, Inc. For The Purposes of Completing a Floodplain Model Evaluation at a Cost of $19,670. (Heaston) 4. Authorize City Manager to Sign Amendment Number 3 With Robert Peccia and Associates (Murray) 5. Professional Services Agreement for Field Survey (Gamradt) May 9, 2016 City Commission Meeting Agenda Page 2 of 4 6. Final Adoption of Ordinance 1942, a Text Amendment Of The Bozeman Municipal Code to Create The R-5 (Residential Mixed-Use High Density District) And B-2M (Community Business-Mixed District) Zoning Districts. Application 15-320 (Rogers) 7. Final Adoption of Ordinance 1948 Amending Chapter 12 of the Bozeman Municipal Code Business Licenses (Thomas) 8. Authorize City Manager to Sign the Notice of Award to Award the Contract for The 2016 Street Improvements to Knife River Belgrade in the Amount of $419,330.50 (Kerr) 9. Authorize the Mayor to Sign Findings of Fact and Order for the Pine Meadow Major Subdivision Preliminary Plat Application (Rogers) 10. Resolution 4689 -Application to The Big Sky Economic Development Trust Fund Program Administered by The Montana Department of Commerce on Behalf of Wisetail. (Fontenot) 11. Authorize Mayor to Sign Findings of Fact and Order for the Cowdrey-Kagy Minor Subdivision Preliminary Plat , Application 16086 (Werbell) 12. Authorize Mayor to Sign the Findings of Fact and Order for the Four Points Phase II Major Subdivision Preliminary Plat, Application15526 (Krueger) 13. Memorandum of Agreement (MOA) With the Montana Department of Transportation (MDT) with Terms For Encroachment Permits for The Downtown North 7th Conduit Project (Fine) Consider the motion: I move to approve Consent Items 1-13 as submitted. G. Public Comment - Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. There will also be an opportunity in conjunction with each agenda item for comments pertaining to that item. Please limit your comments to three minutes. H. Mayoral Proclamation 1. Mayoral Proclamation - 2016 Peace Officer Memorial Day and Police Week (McLane) I. Action Items 1. Authorize the City Attorney to Execute Settlement in Bauer et al v. City of Bozeman et al, Daenan et al v. City of Bozeman et al, Fischer et al v. City of Bozeman et al, and MMIA v. City of Bozeman et al, regarding the Story Mill Landfill (Sullivan) Consider the motion: After considering public comment, I move to authorize the City Attorney to take all steps necessary to execute settlement in Bauer et al v. City of Bozeman et al, Daenan et al v. City of Bozeman et al, Fischer et al v. City of Bozeman et al, and MMIA v. City May 9, 2016 City Commission Meeting Agenda Page 3 of 4 of Bozeman et al, regarding the Story Mill Landfill under the terms and conditions as stated in the City Attorney memorandum to the Commission dated May 9, 2016. Consider the motion: After considering public comment, I move to authorize the City Attorney to take all steps necessary to execute settlement in Bauer et al v. City of Bozeman et al, Daenan et al v. City of Bozeman et al, Fischer et al v. City of Bozeman et al, and MMIA v. City of Bozeman et al, regarding the Story Mill Landfill under the terms and conditions as stated in the City Attorney memorandum to the Commission dated May 9, 2016. 2. A Request for Improvements in Lieu of Parkland Dedication for the Vlaanderen Condominiums Site Plan Located at 4320-4354 Glenwood Drive, Application Z15089 (Brekke) Consider the motion: Having considered the information provided by staff, considered public comment, and considered all of the information presented, I hereby adopt the findings included in the staff memorandum for application Z15089 and accept the provision of parkland improvements, in the amount of $14,024.00, in lieu of the required parkland dedication. 3. Ordinance 1939 - Land Exchange Agreement with Help Center, Inc. (Poissant) Consider the motion: Having conducted a public hearing on the ordinance I find the exchange of 2,450 square feet of real property with the Help Center Inc. meets the requirements of the Bozeman Municipal Code and the Montana Open Lands Act and hereby move to provisionally adopt Ordinance 1939 authorizing the City Manager to sign, upon expiration of the 30 day effective period, the Agreement to Exchange Land and subdivision exemption and to take all additional steps necessary to exchange property with Help Center, Inc. 4. A Site Plan and Commercial Certificate of Appropriateness application with deviations to allow the interior and exterior partial demolition and remodel of the historic Rialto Theatre, Application No. 16069. (Quasi) (Brekke) Consider the motion for deviation 1: Having reviewed and considered the application materials, staff report, public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application No. 16096 and move to approve the deviation request from Section 38.28.060.A of the Bozeman Municipal Code to allow a projecting sign to be greater than 12 square feet in size, as shown within the application materials. Consider the motion for deviation 2: Having reviewed and considered the application materials, staff report, public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application No. 16096 and move to approve the deviation request from Section 38.28.060.A of Bozeman Municipal Code to allow an increase of maximum sign square footage, as shown within the application materials. May 9, 2016 City Commission Meeting Agenda Page 4 of 4 Consider the motion for site plan and certificate of appropriateness: 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 No. 16096 and move to approve the site plan and certificate of appropriateness with the recommended conditions of approval and subject to all applicable code provisions. 5. Business License Fee Schedule Public Hearing and Resolution 4686 for Adoption (Thomas) Consider the motion: Having reviewed and considered the staff memo, public comment, and all information presented, I hereby move to approve Resolution 4686 adopting a fee schedule for the business license program. J. Special Presentations 1. Presentation of the FY2016-2017 (FY17) City Manager Recommended Budget (Rosenberry) K. FYI/Discussion L. Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our Interim ADA Coordinator, Chuck Winn, at 582-2307 (TDD 582- 2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m.