HomeMy WebLinkAbout06-04-12 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 4,2012
The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
June 4, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner
Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City
Manager Chuck Winn, City Finance Director Anna Rosenberry, City Attorney Greg Sullivan,
and City Clerk Stacy Ulmen.
*These minutes are not word for word and should be considered along with the audio recording.
0:02:29 A. Call to Order—6 p.m. —Commission Room, City Hall, 121 North Rouse
Mayor Becker called the meeting to order at 6 p.m.
0:02:30 B. Pledge of Allegiance and a Moment of Silence
0:03:09 C. Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda. Mr.
Kukulski stated that the order of the Action items may change.
0:03:20 D. Authorize Absence of Commissioner Andrus
0:03:23 Motion and Vote to authorize the absence of Cr. Andrus.
It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to authorize the absence
of Cr. Andrus.
Those votine Ave beine Cr. Taylor, Deputy Mayor Krauss, Cr. Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:03:38 E. Public Service Announcement— Storm Water Utility Update (Johnson)
0:03:48 Dustin Johnson, Project Engineer
Mr. Johnson gave the public service announcement regarding the Storm Water Utility Update.
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Minutes of the Bozeman City Commission,June 4,2012
0:05:25 F. Minutes—April 16 and April 23, 2012
0:05:31 Motion and Vote to approve the Minutes from April 16, and April 23, 2012.
It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to approve the Minutes
from April 16, and Argil 23,2012.
Those voting Aye being Deputy Mayor Krauss, Crs. Mehl and Taylor and Mayor Becker.
Those voting No being-none.
The motion passed 4-0.
0:05:44 G. Consent
I. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize Mayorto sign Memorandum of Agreement between City of Bozeman and the
Montana Department of Transportation for the Development of a Community
Transportation Safety Plan (Arkell)
3. Authorize City Manager to sign a Public Access Easement for the Cattail Springs Condos
Development (Heaston)
4. Approve Spring Creek Village Resort Amended Lot 4 Minor Subdivision Final Plat
Application No. P-12006 (Quasi-judicial) (Saunders)
5. Approve Resolution No.4381, relating to General Obligation Refunding Bonds,Series
2012,fixing the form and details, making covenants with respect thereto, authorizing
the execution and delivery and levying taxes for the payment thereof(Rosenberry)
0:05:45 Public Comment on Consent Agenda
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:06:00 Motion and Vote to approve Consent Items 1-5 inclusive.
It was moved by Cr. Mehl, seconded k Cr. Taylor to approve Consent Items 1-5 inclusive.
Those voting Aye being Cr. Mehl, Cr. Taylor, Deputy Mavor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:06:15 H. Public Comment
Mayor Becker opened general public comment.
No person commented.
Mayor Becker closed public comment.
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Minutes of the Bozeman City Commission,June 4,2012
0:06:35 L Special Presentations
0:06:41 1. Police Department Annual Report(Chief Price)
0:06:45 Ron Price, Police Chief
Chief Price gave the staff presentation on the Police Department Annual Report.
0:29:28 Anna Rosenberry, Finance Director
Ms. Rosenberry opened the presentations for the Downtown Business Improvement District
(BID) 2012 Annual Report and 2013 Work Plan and Budget, the Downtown Tax Increment
Finance District (TIF) 2012 Annual Report and 2013 Work Plan and Budget(Chris Naumann,
Downtown Bozeman Partnership), the North Seventh Avenue Urban Renewal Board (NSURB)
2012 Annual Report and 2013 Work Plan and Budget Proposal the Northeast Urban Renewal
Board (NURB) 2012 Annual Report and 2013 Work Plan and Budget Proposal and the Bozeman
Tourism Business Improvement District (BTBID) 2013 Marketing Plan and Budget. These are
all budget related work plans. She explained the assessment resolutions and what will be
included in the adopted budget.
0:30:29 2. Downtown Business Improvement District (BID) 2012 Annual Report and
2013 Work Plan and Budget (Chris Naumann, Downtown Bozeman Partnership)
Mr. Naumann gave the presentation for the Downtown Business Improvement District (BID)
2012 Annual Report and 2013 Work Plan and Budget.
0:40:36 3. Downtown Tax Increment Finance District (TIF) 2012 Annual Report and
2013 Work Plan and Budget(Chris Naumann, Downtown Bozeman Partnership)
Mr.Naumann gave the presentation for the Downtown Tax Increment Finance District (TIF)
2012 Annual Report and 2013 Work Plan and Budget.
0:57:02 4. North Seventh Avenue Urban Renewal Board (NSURB) 2012 Annual
Report and 2013 Work Plan and Budget Proposal (Thorpe)
Dustin Johnson, Staff representative and Project Engineer gave the North Seventh Avenue Urban
Renewal Board (NSURB) 2012 Annual Report and 2013 Work Plan and Budget Proposal.
1:09:02 5. Northeast Urban Renewal Board (NURB) 2012 Annual Report and 2013
Work Plan and Budget Proposal (Thorpe)
Eric Nelson NURB representative gave the Northeast Urban Renewal Board (NURB) 2012
Annual Report and 2013 Work Plan and Budget Proposal.
1:18:42 6. Bozeman Tourism Business Improvement District(BTBID) 2013 Marketing
Plan and Budget (Rosenberry)
Ms. Rosenberry gave the staff presentation regarding the Bozeman Tourism Business
Improvement District (BTBID) 2013 Marketing Plan and Budget.
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Minutes of the Bozeman City Commission,June 4,2012
1:25:34 J. Action Items
1:25:40 1. Spring Creek Village Lot 4 Zone Map Amendment, Application No. Z-11002
(open and continue to June 11, 2012) (Saunders)
1:25:51 Tim McHarg, Planning Director
Mr. McHarg asked that this item be opened and continued to the next agenda in order to continue
to work with the applicant.
1:26:20 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
1:26:34 Motion and Vote to continue the public hearing for application Z-11002 to June 11,
2012.
It was moved by Cr. Taylor, Seconded by Deputy Mayor Krauss to continue the public
hearing for application Z-11002 to June 11, 2012.
Those voting Ave being Cr. Taylor, Deputy Mayor Krauss, Cr. Mehl and Mayor Becker.
Those voting No being none_.
The motion passed 4-0.
1:26:54 2. Public hearing to determine whether approximately 1000 sq. ft. of
unfinished real property located on the second floor of the Bridger Park Garage is
necessary for the conduct of City business or the preservation of its property (2/3 vote of
Commission required) (Burns)
1:27:26 Paul Burns, Parking Manager
Mr. Burns gave the staff presentation regarding the Public hearing to determine whether
approximately 1000 sq. ft. of unfinished real property located on the second floor of the Bridger
Park Garage is necessary for the conduct of City business or the preservation of its property.
1:33:18 Commission questions for staff
The Commission and staff spoke regarding the need for the space, possible federal grant
restrictions, use of the money received from the sale, the need for an appraisal before selling the
space and the proper process for selling the property.
1:47:54 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
1:48:13 Motion that having considered the information presented, I move that the
Commission find the subject office space located on the second floor of the Bridger Park
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Minutes of the Bozeman City Commission,June 4,2012
garage on East Mendenhall Street not necessary for the conduct of city business, or the
preservation of City property, and that sale of the vacant space is in the public interest.
It was moved by Deputy Mayor seconded by Cr. Mehl that having considered the
information presented, I move that the Commission find the subject office space located on
the second floor of the Bridger Park garage on East Mendenhall Street not necessary for
the conduct of city business or the preservation of City roe and that sale of the
vacant space is in the public interest.
1:49:21 Commission Discussion on the Motion
The Commission discussed offers and appraisals and the existing City Hall.
1:51:59 Vote on the Motion that having considered the information presented, I move that
the Commission find the subject office space located on the second floor of the Bridger
Park garage on East Mendenhall Street not necessary for the conduct of city business, or
the preservation of City property, and that sale of the vacant space is in the public interest.
Those voting Aye being Deputy Mayor Krauss, Crs. Mehl, Taylor and Mayor Becker.
Those voting No being none.
The motion-passed 4-0.
1:52:13 Commission discussion
The Commission directed staff to take a look at selling the space, see if there is interest and then
consider an appraisal.
1:54:54 Break
Mayor Becker declared a break.
2:09:22 Meeting called back to order
Mayor Becker called the meeting back to order.
2:09:26 3. Bozeman Public School District request for Annexation of property located
on Durston Road between Cottonwood Road and Flanders Mill Road for an 8th
Elementary School, Application No. A-12002 (Riley)
2:10:05 Chris Kukulski, City Manager
Mr. Kukulski opened the presentation for the Bozeman Public School District request for
Annexation of property located on Durston Road between Cottonwood Road and Flanders Mill
Road for an 8th Elementary School, Application No. A-12002.
2:10:49 Kevin Barre, Director of Facilities for the Bozeman School District
Mr. Barre spoke regarding the process and who was involved in it along with projections and
enrollment figures.
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Minutes of the Bozeman City Commission,June 4,2012
2:18:04 Doug Riley, Associate Planner
Mr. Riley gave the staff presentation regarding the Bozeman Public School District request for
Annexation of property located on Durston Road between Cottonwood Road and Flanders Mill
Road for an 8th Elementary School,Application No. A-12002.
2:25:45 Dave Crawford, Applicant Representative
Mr. Crawford gave the applicant presentation for the Bozeman Public School District request for
Annexation of property located on Durston Road between Cottonwood Road and Flanders Mill
Road for an 8th Elementary School, Application No. A-12002.
2:26:25 Commission questions for applicant and staff
The Commission Applicant and Staff spoke regarding exemptions, zoning requirements, phase 2
construction of the project, concern of tying the hands of future commissions due to unknown
impacts and infrastructure aspects.
2:38:15 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
2:38:59 Applicant Rebuttal
Mr. Crawford spoke regarding the annexation agreement, prior discussions in regards to
improvements, and the ability to view a preliminary site plan for an elementary school.
2:42:10 Commission Discussion
The Commission spoke regarding deferring responsibilities, infrastructure improvements,
partnerships, mutual agreements, the unknowns and impacts, remedies, standards in the
community, the annexation agreements, generally asking the school to comply to the standards
of the Unified Development Code, the need for the City Attorney to review state law and
authority in annexation agreements, drafting language for general compliance to the UDC, levels
of commitment, and the need to enter into a mutual agreement that is legally binding.
3:05:53 Motion that based upon the analysis and findings in the staff report, and as
reviewed and discussed by the City Commission, I move to approve Annexation A-12002,
with the 17 recommended terms of annexation listed on Pages 3-6 of the Staff Report and
direct staff to negotiate a final annexation agreement with the applicant to be presented for
consideration at a future City Commission meeting.
It was moved by Cr. Mehl, seconded by Cr. TayIor that based upon the analysis and
findings in the staff report, and as reviewed and discussed by the City Commission, I move
to approve Annexation A-12002 with the 17 recommended terms of annexation listed on
Pages 3-6 of the Staff Report and direct staff to negotiate a final annexation agreement
with the applicant to be presented for consideration at a future City Commission meeting.
3:06:30 Commission discussion on the Motion
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Minutes of the Bozeman City Commission,June 4,2012
3:06:37 Vote on the Motion that based upon the analysis and findings in the staff report,
and as reviewed and discussed by the City Commission, I move to approve Annexation A-
12002,with the 17 recommended terms of annexation listed on Pages 3-6 of the Staff
Report and direct staff to negotiate a final annexation agreement with the applicant to be
presented for consideration at a future City Commission meeting.
Those voting Ave being Crs. Mehl, Taylor, Deputy Mavor Krauss and Mayor Becker.
Those voting,No being none.
The motion passed 4-0.
3:06:56 4. Bozeman Public School District Zone Map Amendment request for property
on Durston Road between Cottonwood Road and Flanders Mill Road for an 8th
Elementary School, Application No. Z-12055 (Riley)
3:07:39 Doug Riley, Planning Associate
Mr. Riley gave the staff presentation regarding the Bozeman Public School District Zone Map
Amendment request for property on Durston Road between Cottonwood Road and Flanders Mill
Road for an 8th Elementary School,Application No. Z-12055.
3:09:42 Commission questions for staff
The Commission and staff spoke regarding zoning contingencies, uses and the zoning types and
what is allowed under PLI zoning.
3:12:54 Applicant Presentation
Mr. Crawford spoke regarding the different zoning designations and conditional use permits,
residential zoning, the school's uses, and residential classifications.
3:17:30 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
3:17:46 Motion that based upon the analysis and findings in the Staff Report and after
consideration of public comment, I move to approve the zone map amendment request of
Public Lands and Institutions District for Application Z-12055 with the 4 recommended
contingencies listed on Page 2 of the Staff Report, and direct staff to prepare an ordinance
for the map amendment.
It was moved by Cr. Mehl, seconded by Cr. Taylor that based upon the analysis and
findings in the Staff Report and after consideration of public comment, I move to approve
the zone map amendment request of Public Lands and Institutions District for Application
Z-12055 with the 4 recommended contingencies listed on Page 2 of the Staff Report, and
direct staff to prepare an ordinance for the map amendment.
3:18:07 Discussion on the Motion
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Minutes of the Bozeman City Commission,June 4,2012
3:19:00 Vote on the Motion that based upon the analysis and findings in the Staff Report
and after consideration of public comment, I move to approve the zone map amendment
request of Public Lands and Institutions District for Application Z-12055 with the 4
recommended contingencies listed on Page 2 of the Staff Report, and direct staff to prepare
an ordinance for the map amendment.
Those voting Ave being Crs. Mehl,Taylor, Deputy Mayor Krauss and Mayor Becker.
Those voting no being none.
The motion passed 4-0.
3:19:13 5. Bozeman Public School District Informal Review of an 8th Elementary
School Site Plan, Application No. 1-12008 (Riley)
3:19:30 Doug Riley, Planning Association
Mr. Riley gave the staff presentation regarding the Bozeman Public School District Informal
Review of an 8th Elementary School Site Plan, Application No. 1-12008.
3:26:08 Applicant Presentation
Mr. Crawford gave the applicant presentation regarding the Bozeman Public School District
Informal Review of an 8th Elementary School Site Plan, Application No. 1-12008. The site plan
is being designed.
3:28:43 Commission Questions for Applicant
The Commission and applicant discussed Flanders Road, collectors, arterials, the irrigation ditch
in the area, fencing, driveways and distance from intersections, emergency access, the bike lane,
the topography of the area, storm water runoff and green building efforts.
3:44:05 6. Appointment to the Bozeman Area Bicycle Advisory Board (Kissel)
3:44.11 Motion and Vote to appoint Mike Davis to the Bozeman Area Bicycle Advisory
Board.
It was moved by Cr. Taylor, Seconded by Deputy Mayor Krauss to appoint Mike Davis to
the Bozeman Area Bicycle Advisory Board.
Those voting Ave bein-2 Cr. Taylor, Deputy Mayor Krauss, Cr. Mehl and Mayor Becker.
Those votine No being none.
The motion passed 4-0.
3.44:35 7. Appointment to the Parking Commission (Kissel)
3:44:41 Motion and Vote to approve the appointment by Mayor Becker of Kelly Dean
Wiseman to the Parking Commission with a term beginning July 1st.
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Minutes of the Bozeman City Commission,June 4,2012
It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to approve the appointment
by Mayor Becker of Kelly Dean Wiseman to the Parking Commission with a term
beginning July 1st.
Those voting Ave being Deputy Mayor Krauss, Crs. Mehl and Taylor and Mavor Becker.
Those voting No being none.
The motion passed 4-0.
3:45:07 8. Appointments to the Zoning Commission (Kissel)
3:45:08 Motion and Vote to appoint Trever McSpadden and Randy Wall to the Zoning
Commission.
It was moved by Cr. Mehl, seconded by Cr. to appoint Trever McSpadden and Randy Wall
to the Zoning Commission.
Those voting Ave being Crs. Mehl, Taylor, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
3:45:27 K. FYI/Discussion
1. Coal Trains
The majority of the Commission would like staff to extend an invitation to the Montana Rail
Link to come and present to the Commission on the Coal train issue.
2. Economic Development Council hosting Consultant for Mandeville land use plan
Mr. Fontenot extended an invitation to the Commission to take part in this Thursday's Economic
Development Council meeting who is hosting the Consultant for the Mandeville land use plan.
3. Ethics Board Amendments to Gift Provisions
This is coming before the Commission on June 25, 2012.
4. Medical Marijuana Cap Iimit
Attorney Sullivan announce that the Medical Marijuana cap has almost expired and so this will
be coming back before the Commission.
5. Early Start time for next week's meeting
Ms. Ulmen announced that next week's meeting will begin at 4 p.m.
3:50:17 L. Adjournment
Mayor Becker adjourned the meeting at 9:53 p.m.
4 • • +2� ' Sean Becker, Mayor
ATTES �
Stacy Ut ty Clerk
rI�'ca•��� Page 9 of 10
Minutes of the Bozeman City Commission,June 4,1012
PREPARED BY:
Stacy Ulmen, CM , C erk
Approved onu
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