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HomeMy WebLinkAboutAugust 15, 2011 MinutesSo ljjj LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 15, 2011 * * * * * * * * * * * * * * * * * * * * ** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, August 15, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. * * Please refer to the audio recording of this meeting for additional detail. 0:06:25 A. Call to Order — 6 p.m. — Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order. 0:06:26 B. Pledge of Allegiance and a Moment of Silence 0:07:17 Welcome Mayor Krauss welcomed everyone to the meeting. 0:07:27 C. Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the Agenda. None noted. 0:07:32 D. Authorize Absence of Commissioner Becker 0:07:36 Motion and Vote to authorize the absence of Cr. Becker. It was moved by Cr. Andrus, seconded by Cr. Taylor to authorize the absence of Cr. Becker. Those voting Ave being Crs. Andrus, Taylor, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4 -0. 0:07:50 E. Minutes — July 11, 2011 and July 18, 2011 0:07:51 Motion and Vote to approve the minutes from July 11 and July 18, 2011 as submitted. Pagel of 8 5 Minutes of the Bozeman City Commission, August 15, 2011 It was moved by Cr. Taylor, seconded by Cr. Mehl to approve the minutes from July 11 and July 18, 2011 as submitted. Those voting Ave being Crs. Taylor, Mehl, Andrus and Mehl Krauss. Those voting No being none. The motion passed 4 -0. 0:08:05 F. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Accept the Fourth Quarter Fiscal Year 2011 Planning Department Report (McHarg) 3. Accept the Building Division Monthly Report for July, 2011 (Risk) 0:08:17 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:08:25 Motion and Vote to approve Consent Items F. 1 -3 as listed. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve Consent Items F. 1 -3 as listed. Those voting Ave being Crs. Mehl, Andrus, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4 -0. 0:08:43 G. Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:09:34 H. Action Items 0:09:36 1. Digital Skylines Site Plan with Certificate of Appropriateness Application No. Z- 11139, 705 Bridger Drive (Saunders) 0:10:05 Chris Saunders, Assistant Planning Director Mr. Saunders presented the staff report regarding the Digital Skylines Site Plan with Certificate of Appropriateness Application No. Z- 11139,705 Bridger Drive. 0:21:44 Questions for Staff The Commission spoke with staff regarding how this item was noticed, the zoning of the area, federal laws, structural integrity of the tower, set back requirements, towers located in entry way corridors, interim ordinances, the Telecommunications Act, the Community Plan, the definition of a large scale tower, telecommunications as an essential service and individual zoning districts along with permitted uses, height restrictions, co- location opportunities and county jurisdiction. Page 2 of 8 0 Minutes of the Bozeman City Commission, August 15, 2011 0:46:22 Applicant Kevin Howell, Digital Skylines Inc. - Representative Mr. Howell gave the applicant presentation regarding Digital Skylines Site Plan with Certificate of Appropriateness Application No. Z- 11139, 705 Bridger Drive. 0:56:36 Commission Questions for Applicant and Project Engineer Aaron Moyer The Commission and Applicant discussed Digital Skylines and who they are, the increase of connectivity and need, current capacity, site locations, demands on data, spectrum, the proposed generator and building, fiber optics, locations of other towers that are constructed, distributed antenna service, the need for a dominant server, how far service would extend up Bridger Canyon, other towers in the area that are disguised like a pine tree, areas located in floodplain, the application in regards to the tower, the goal of a clear line of site, the question of how many more towers the City may see and the availability of fiber in the area. 1:37:24 Public Comment Mayor Krauss opened public comment. 1:38:25 Jean Trombley, Public Comment Ms. Trombley of 2413 Birdie Drive thanked the Commission and City Staff. Ms. Trombley stated that they are not anti - Verizon but that their view shed is the issue. This is evident by the public comment that has been received. She urged the Commission to do a moratorium. She thanked Verizon for altering their proposal. It is important to have more of a setback. She would like to see a total build out plan. 1:42:31 Bob Trombley, Public Comment Mr. Trombley of 2413 Birdie Drive stated that although Verizon changed their plan from lattice to a pine tree, the location is a problem. It would be a freak of nature in the area that it is proposed to be placed. This will be an economic hardship for the development that is proposed in the area. He urged the Commission to do a moratorium and get a build out plan in our community. 1:44:34 Bernard Kohler, Public Comment Mr. Kohler of 4038 Rain Roper Drive spoke regarding the loss of view shed. He spoke regarding the issue of height, the Bridger Canyon. This is like a 19 story building. He urged the Commission to not approve the application. 1:47:32 David Andreassi, Public Comment Mr. Andreassi of 3615 Nelson Road stated that he has studied at MSU and that he is in the building industry. He spoke regarding being on the Bridger Design Review Committee. He has built many homes in the area. He spoke regarding his condo projects in the proposed tower area. The tower being proposed is next to his property. The tower is being proposed on a leased piece of property. He spoke regarding the distances. He is concerned about property values in the area. He spoke regarding the impact fees that will be paid from his project. He urged that the Commission consider the moratorium on the cell tower. 1:51:44 Don Lucker, Public Comment Mr. Lucker of 2408 Par Court spoke regarding his prior expertise in cell sites. Just because a tower is in the right zone does not mean that it is in the right location. It is important to know the facts. Where is the justification? We need to stop and use common sense. He spoke regarding the Page 3 of 8 7 Minutes of the Bozeman City Commission, August 15, 2011 petitions that were received in opposition. He recommends a moratorium and offered his services. 1:55:55 Brian Gallik. Public Comment Mr. Gallik stated that he is an Attorney with the Goetz Law Firm and is representing Bridger Core Protection Group. He spoke regarding federal guidelines and aesthetics. He urged that this application be denied. 2:00:19 Mary Kay Flanazan, Public Comment Ms. Flanagan of 3625 Nelson Road stated that she thought that the idea was to bring more coverage to the canyon, she is unsure what is be represented this evening. 2:01:20Public Comment closed Mayor Krauss closed public comment. 2:01:29 Commission Questions for Staff and the Applicant The Commission spoke regarding the Panda Gas Station location, aesthetics, the Unified Development Ordinance, the criteria for denial of the application and conditioning for the height. 2:14:26 Mayor Krauss closed public hearing 2:18:11 Commission Discussion regarding Emergency. The Commission spoke regarding this item being defined as an emergency. The Commission generally agreed that this does not seem constitute an emergency. 2:19:24 Motion stated but rescinded. A motion was posed by Cr. Andrus and then removed because it was in the negative context. 2:20:26 Motion that having heard and considered public testimony, the materials presented in the packet and finding that the application is in conformance with the requirements of the City of Bozeman, I move to approve application Z -11139 as amended by the August 3, 2011 submittal with the conditions and code requirements contained in the staff report. It was moved by Cr. Taylor, seconded by Cr. Mehl that having heard and considered public testimony, the materials presented in the packet and finding that the application is in conformance with the requirements of the City of Bozeman, I move to approve application Z -11139 as amended by the August 3, 2011 submittal with the conditions and code requirements contained in the staff report. 2:21:04 Commission discussion on the Motion The Commission spoke regarding the concern of the aesthetics of the site, the application meeting the minimum standards, the unknowing of if there are fiber optics or not in the area, protection of the ridge lines, expectations of objecting to uses in the M -1 zoning area, essential public utilities, the interface between industrial and residential, other locations for the tower, indemnification and entitlement. 2:39:57 "Silver Bullet" invoked. Cr. Mehl stated that he would like to push this item to a future Commission meeting. The Commission would like the applicant and staff to look at these issues before they return to the Page 4 of 8 Minutes of the Bozeman City Commission, August 15, 2011 Commission: What is wrong with the Panda gas station and the other site? Look at the liability issues and what they are, specifically the landfill. Wants to know from the community do you like full pine or structure? Look at other stealth options and more research on fiber optics. The Commission agreed to put this on the September 19th agenda. 2:47:02 Mayor Krauss Mayor Krauss stated that this is a quasi judicial decision. He cautioned the public to not contact the Commissioners. Public Comment can be sent to the City Clerk and routed to the Commission in this fashion. 2:49:43 Motion and Vote to continue the discussion of the motion and all the factors to September 19 th . It was moved by Cr. Taylor, seconded by Cr. Mehl to continue the discussion of the motion and all the factors to September 19 . Those voting Ave being Crs. Taylor, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 4 -0. 2:51:06 Break Mayor Krauss declared a break. 3:05:10 Meeting called back to order Mayor Krauss called the meeting back to order. 3:05:15 2. Public Hearing to determine whether the Story Mansion is needed for Public Use or that the Public Interest may be furthered by selling the property (two - thirds vote required) ( Kukulski) 3:06:09 Chris Kukulski, City Manager Mr. Kukulski gave the staff presentation regarding the Public Hearing to determine whether the Story Mansion is needed for Public Use or that the Public Interest may be furthered by selling the property. 3:09:09 Cr. Taylor Cr. Taylor disclosed his perceived possible conflict of interest in regards to his wife's prior relationship with the Friends of the Story Mansion. He stated that all ties have been severed. 3:12:39 Public Comment Mayor Krauss opened public comment. 3:12:52 Jim Webster, Public Comment Jim Webster of 311 South 3rd spoke regarding this project over the last 9 years. Exergy appears to be a fabulous steward of this project. 3:16:06 Bob Chase, Public Comment Mr. Chase from Black Avenue stated that the City is moving too fast with selling the mansion. Spoke regarding putting an item on the ballot. He asked the Commission to consider a study Page 5 of 8 9 Minutes of the Bozeman City Commission, August 15, 2011 group for a recreation center. The City has outgrown its facilities. Do the right thing and put it on the ballot. 3:21:08 Public Comment Closed Mayor Krauss closed public comment. 3:21:21 Motion that having conducted a public hearing, considered written and spoken public testimony and based on the findings contained in the staff memorandum and findings articulated by the Commission during discussion, I hereby move: That the real property known as the Story Mansion (Lot IA-1 Amended Block 3 of Butte Add Lot lA Block 3) located at 811 South Wilson Avenue is a historically significant building and that: Sale of the Story Mansion pursuant to the requirements of 2.05.030.D, BMC, to the soon - to-be constituted Exergy Friends of the Story Mansion is in the public interest and based on the proposal from Exergy and conditions of the sale requiring reversion to the City if Exergy Friends of the Story does not preserve and restore the property the Story Mansion is no longer necessary for the conduct of city of Bozeman business or the preservation of City property. It was moved by Cr. Mehl, seconded by Cr. Andrus that having conducted a public hearing, considered written and spoken public testimony and based on the findings contained in the staff memorandum and findings articulated by the Commission during discussion, I hereby move: That the real property known as the Story Mansion (Lot IA-1 Amended Block 3 of Butte Add Lot lA Block 3) located at 811 South Wilson Avenue is a historically significant building and that: Sale of the Story Mansion pursuant to the requirements of 2.05.030.D, BMC, to the soon -to -be constituted Exergy Friends of the Story Mansion is in the public interest and based on the proposal from Exergy and conditions of the sale requiring reversion to the City if Exergy Friends of the Story does not preserve and restore the property the Story Mansion is no longer necessary for the conduct of citv of Bozeman business or the preservation of Citv property. 3:22:20 Commission discussion on the Motion The Commission discussed the original intent of the Mansion, fiduciary responsibility, the public's interest, the amount of work left to be done, this being a balanced approached, and serving the public interest and good. 3:28:45 Vote on the Motion that having conducted a public hearing, considered written and spoken public testimony and based on the findings contained in the staff memorandum and findings articulated by the Commission during discussion, I hereby move: That the real property known as the Story Mansion (Lot IA-1 Amended Block 3 of Butte Add Lot lA Block 3) located at 811 South Wilson Avenue is a historically significant building and that: Sale of the Story Mansion pursuant to the requirements of 2.05.030.D, BMC, to the soon - to-be constituted Exergy Friends of the Story Mansion is in the public interest and based on the proposal from Exergy and conditions of the sale requiring reversion to the City if Exergy Friends of the Story does not preserve and restore the property the Story Mansion is no longer necessary for the conduct of city of Bozeman business or the preservation of City property. Page 6 of 8 10 Minutes of the Bozeman City Commission, August 15, 2011 Those voting Ave being Crs. Mehl, Andrus, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4 -0. 3:28:52 Motion and Vote that the City Manager is hereby directed to proceed with direct negotiations regarding the sale of the Story Mansion property to EFSM consistent with the Exergy's submittal on the RFP and Bozeman Municipal Code. It was moved by Cr. Mehl, seconded by Cr. Andrus that the City Manager is hereby directed to proceed with direct negotiations regarding the sale of the Story Mansion property to EFSM consistent with the Exergy's submittal on the RFP and Bozeman Municipal Code. Those voting Ave being Crs. Mehl, Andrus, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4 -0. 3:29:25 3. Appointment to the Zoning Commission (Kissel) Cr. Mehl announced that the application for this appointment was withdrawn by the applicant. 3:29:38 I. FYI /Discussion 3:30:00 1. Solid Waste Budget -Order Totes Mr. Kukulski stated that there is a $30,000 capital for tote replacement. There is a 60 day waiting period. Staff would like to get these ordered. There was not an indication that there was a concern from the Commission to go ahead with getting them ordered. 3:31:04 2. Visit the Bogert Pool Mr. Kukulski would like the Commission to tour the Bogert Pool. Times and additional information will be sent out. 3:31:57 3. Cr. Mehl will be late next week 3:32:22 4. Inspection of Stadium Cr. Mehl wondered who is doing the inspection work at the stadium. 3:33:53 J. Adjournment Mayor Krauss adjourned the meeting at 9:29 p.m. ATTEST: Stacy Ulmen, CMC, City Clerk Jeff Krauss, Mayor Page 7 of 8 11 Minutes of the Bozeman City Commission, August 15, 2011 PREPARED BY: Stacy Ulmen, CMC, City Clerk Approved on Page 8 of 8 12