HomeMy WebLinkAbout08-27-12 Minutes, City Commission f
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 27, 2012
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The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
August 27, 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 he considered along with the audio recording.
0:00:01 A. Call to Order—6 p.m. —Commission Room, City Hall, 121 North Rouse
Mayor Becker called the meeting to order.
0:00:04 B. Pledge of Allegiance and a Moment of Silence
0:00:43 C. Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda. Mr.
Kukulski stated that there has been some discussion to move Item G. 6 on Consent to Action
Item No. 1. Also Action Item 1. 2 is a request to open and continue.
0:01:36 D. Public Service Announcements
0:01:42 1. Dedication and Ribbon Cutting Ceremony of Water Reclamation Facility,
August 28th at 3 p.m., 2245 Springhill Road (Arkell)
Ms. Arkell gave the public service announcement for the Dedication and Ribbon Cutting
Ceremony of Water Reclamation Facility, August 28th at 3 p.m., 2245 Springhill Road.
0:02:45 2. 2012 Beautification Awards Call for Nominations (Brekke)
Planning Associate Allyson Brekke gave the public service announcement for the 2012
Beautification Awards Call for Nominations.
0:03:40 3. City Offices Closed on Monday, September 3rd (Ulmen)
City Clerk Stacy Ulmen gave the public service announcement for the City Offices closure on
Monday, September 3rd.
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Minutes of the Bozeman City Commission,August 27,2012
0:05:55 4. Home Energy Solutions Workshop Series (Meyer)
Climate Coordinator Natalie Meyer gave the public service announcement for the Home Energy
Solutions Workshop Series
0:07:53 E. Authorize Absence of Commissioner Andrus
It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to authorize the absence of
Cr. Andrus.
Those voting Ave being Cr. Mehl, Deputy Mayor Krauss, Cr. Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:08:13 F. Minutes—July 16, 2012 and July 23, 2012
0:08:16 Motion and Vote to approve the minutes from July 16 and July 23, 2012 as
submitted.
It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to approve the minutes
from July 16 and July 23,2012 as submitted.
Those voting Ave being Deputy Mayor Krauss, Crs. Taylor and Mehl and Mavor Becker.
Those voting No being none.
The motion passed 4-0.
0:08:35 G. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign Amendment No 1 to Professional Services Agreement for
North 7th Lighting Design and Construction (Johnson)
3. Authorize City Manager to sign Release and Re-conveyance of Public Drainage
Easement, Lot 11a, Graf's 2nd Subdivision,711 O'Connell Drive (Kerr)
4. Acknowledge Receipt of Climate Action Report (Meyer)
5. Approve Resolution No.4397,Affirming Policy on Fair Housing Practices(Cooper)
6. Apprevea letter of SF1ppAttiiclmFngchc City-vrvvrcmsmr-us-an--rcrrcmTrcvrnrncrrrrcy crcT
manageFs+., hP,fit' re Ie-,. eFs and feet F S by sending them to nA...,+ana State
7. Finally Adopt Ordinance 1837, rezoning Lot 4, Minor Subdivision 295 from Business Park
to Community Business on 20 acres Northwest of the intersection of West Main Street
and Resort Drive,Zone Map Amendment Z-11002 (Saunders)
0:08:50 Consent Item No. 6 placed on Action Agenda.
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Minutes of the Bozeman City Commission,August 17,2012
0:08:58 Public Comment
Mayor Becker opened public comment on the Consent Agenda.
No person commented.
Mayor Becker closed public comment.
0:09:18 Motion and Vote to approve Consent items G. 1-5 & 7 as submitted.
It was moved by Cr. Taylor seconded by Cr. Mehl to approve Consent items G. 1-5 & 7 as
submitted.
Those voting Ave being Crs. Taylor, Mehl, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:09:41 H. Public Comment
Mayor Becker opened general public comment.
0:10:47 Michael Delaney, Public Comment
Mr. Delaney of 19 East Main Street spoke regarding interpretation of a 60foot width on private
streets. He would like the interpretation of this.
0:12:34 Public comment closed
Mayor Becker closed public comment.
0:12:37 I. Action Items
0:12:41 Consent Item G. 6.Approve a letter of support naming the City of Bozeman as an
"Antam Community City"embracing Indonesia's Antam Mining Company's efforts of
developing potential young managers to be future leaders and lecturers by sending them to
Montana State University (Ulmen on behalf of Mayor Becker and Deputy Mayor Krauss)
0:12:51 Commission discussion
The Commission discussed the letter and Cr. Taylor spoke of his concerns of the potential
precedent of calling Bozeman an Antam City. He wants to incorporate more of a corporate name.
0:13:49 Motion to revise the first paragraph of the letter to read: "The City of Bozeman
would like to demonstrate its support to Antam Mining Company by embracing its efforts to
develop potential young managers to be future leaders along with lecturers from Universities
to improve teaching skills".
It was moved by Cr. Taylor, seconded by Cr. Mehl to revise the first paragraph of the
letter to read: "The City of Bozeman would like to demonstrate its support to Antam Mining
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Minutes of the Bozeman City Commission,August 27,2012
Company by embracing its efforts to develop potential young managers to be future leaders
along with lecturers from Universities to improve teaching skills':
0:14:13 Commission discussion on the Motion
The Commission discussed diplomacy, creation of a program to benefit the City and Montana
State University, and the meaning of the change in the letter implying that the change is to lean
towards other similar requests.
0:21:58 Vote on the Motion to revise the first paragraph of the letter to read: "The City of
Bozeman would like to demonstrate its support to Antam Mining Company by embracing its
efforts to develop potential young managers to be future leaders along with lecturers from
Universities to improve teaching skills'.
Those voting Ave being Crs. Taylor, Mehl, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:22:11 1. Resolution No. 4393, Setting Mill Levies for Fiscal Year 2012-2013 (FY13)
(Rosenberry)
0:22:34 Anna Rosenberry, Administrative Services Director
Ms. Rosenberry gave the staff presentation regarding Resolution No. 4393, Setting Mill Levies
for Fiscal Year 2012-2013 (FYI 3). Ms. Rosenberry spoke regarding the certification value
received from the Department of Revenue.
0:29:30 Commission questions for Staff
The Commission and Staff spoke regarding tax increment districts, property taxes, Mandeville
Farm status, 2009 economic struggles, appeals and future expectations of predictability.
0:44:17 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:44:37 Motion to approve Resolution No. 4393, Setting Mill Levies for Fiscal Year 2012-
2013.
It was moved by Cr. Mehl seconded by Deputy Mayor Krauss to approve Resolution No.
4393, Setting Mill Levies for Fiscal Year 2012-2013.
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Minutes of the Bozeman City Commission,August 27,2012
0:44:48 Commission discussion on the Motion
The Commission discussed Tax Increment Districts, timing of appraisals, development of the
budget itself and taxable valuations.
0:47:41 Mr. Kukulski
Mr. Kukulski thanked Ms. Rosenberry for her work on the budget. He spoke regarding positive
work and collaboration with the Department of Revenue.
0:48:58 Vote on the Motion to approve Resolution No. 4393, Setting Mill Levies for Fiscal
Year 2012-2013.
Those voting Ave being Crs. Mehl, Deputy Mayor Krauss, Cr. Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:49:12 Point of Order. Public comment on Consent Item 6. Approve a letter of support
naming the City of Bozeman as an "Antam Community City"embracing Indonesia's Antam
Mining Company's efforts of developing potential young managers to be future leaders and
lecturers by sending them to Montana State University (Ulmen on behalf of Mayor Becker and
Deputy Mayor Krauss)
Mayor Becker explained that he inadvertently forgot to ask for Public comment on Consent Item
6.
0:49:24 Public Comment
Mayor Becker opened public comment on Consent Item 6.
0:49:41 Wolf Public Comment
Wolf of Gallatin County spoke regarding his concern of losing the value of Bozeman by writing
a letter to Antam. He feels that the City needs to afford the same to any company in the State of
Montana.
0:52:42 Public Comment closed
Mayor Becker closed public comment.
0:52:43 Possible Motion to reconsider
Mayor Becker asked the Commission if they would like to reconsider the motion that was
previously made regarding the letter to Antam.No Commission members posed a motion
therefore the original motion stands.
0:52:57 2. Bolton Demolition and New Residential Construction with Accessory
Dwelling Unit Conditional Use Permit and Certificate of Appropriateness with Deviation at
1301 South Willson Avenue, Application Z-12173 (Quasi-Judicial) (Kramer)
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Minutes of the Bozeman City Commission,August 27,2012
0:53:30 Tim McHarg, Planning Director
Mr. McHarg explained that there has been a request to open and continue this item.
0:54:00 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:54:15 Motion and Vote to open and continue the public hearing for the Bolton Demolition
and New Residential Construction with Accessory Dwelling Unit Conditional Use Permit
and Certificate of Appropriateness with Deviation#Z-12173 to September 24, 2012.
It was moved by Cr. Taylor, seconded by Cr. Mehl to open and continue the public hearing
for the Bolton Demolition and New Residential Construction with Accessory Dwelling Unit
Conditional Use Permit and Certificate of Appropriateness with Deviation #Z-12173 to
September 24,2012.
Those voting Ave being Crs. Taylor, Mehl and Mayor Becker (Deputy Mayor stepped out).
Those voting No being none.
The motion passed 3-0.
0:54:47 3. Municipal Code Amendments Z-12187: Provisional Adoption of Ordinance
1838, clarifying authorized residential uses and establishing a reasonable accommodation
procedure in the Unified Development Code, and possible amendments to additional
sections which are relevant to the same topic (McHarg)
0:55:16 Tim McHarg, Planning Director
Mr. McHarg gave the staff presentation regarding Municipal Code Amendments Z-12187:
Provisional Adoption of Ordinance 1838, clarifying authorized residential uses and establishing a
reasonable accommodation procedure in the Unified Development Code, and possible
amendments to additional sections which are relevant to the same topic
1:05:54 Commission Questions for Staff
The Commission and Staff discussed reasonable accommodations, unintended consequences,
adding the City's discrimination language to the Ordinance, protective classes, and the definition
of community and residential.
1:14:58 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
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Minutes of the Bozeman City Commission,August 27,2012
1:15:16 Motion that having reviewed application materials, considered public comment,
and all information presented, I hereby adopt the findings presented in the staff report for
application Z-12187 and move to provisionally adopt Ordinance 1838 amending Chapter
38 of the Bozeman Municipal Code and inserting The City's additional Protective Class
language in the appropriate place in the Ordinance.
It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss that having reviewed
application materials, considered public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application Z-12187 and move to
provisionally adopt Ordinance 1838 amending Chapter 38 of the Bozeman Municipal Code
and inserting The City's additional Protective Class language in the appropriate place in
the Ordinance.
1:16:01 Discussion on the Motion
The Commission discussed the protective class language, appreciation of the clarifications,
accommodations, federal law and state law changes and health and safety in the community.
1:19:54 Vote on the Motion that having reviewed application materials, considered public
comment, and all information presented,I hereby adopt the findings presented in the staff
report for application Z-12187 and move to provisionally adopt Ordinance 1838 amending
Chapter 38 of the Bozeman Municipal Code and inserting The City's additional Protective
Class language in the appropriate place in the Ordinance.
1:20:03 4. Provisional Adoption of Ordinances 1827 and 1828, Municipal Code
Amendments Z-12064, revising the Board of Adjustment provisions, consolidating
references to review authorities, expanding administrative approval authority throughout
the Unified Development Code, and possible amendments to additional sections which are
relevant to the same topic (Saunders)
1:20:47 Chris Saunders,Assistant Planning Director
Mr. Saunders gave the staff presentation regarding Provisional Adoption of Ordinances 1827 and
1828, Municipal Code Amendments Z-12064, revising the Board of Adjustment provisions,
consolidating references to review authorities, expanding administrative approval authority
throughout the Unified Development Code, and possible amendments to additional sections
which are relevant to the same topic
1:32:35 Commission Questions for Staff
The Commission and staff spoke regarding the public participation and the review process.
1:37:21 Public Comment
Mayor Becker opened public comment.
No person commented.
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Minutes of the Bozeman City Commission,August 27,2012
Mayor Becker closed public comment.
1:37:37 Motion that having reviewed application materials, considered public comment,
and all information presented, I hereby adopt the findings presented in the staff report for
application Z-12064 and move to provisionally adopt Ordinance 1827 amending Chapter 2
and Chapter 38 of the Bozeman Municipal Code.
It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor that having reviewed
application materials, considered public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application Z-12064 and move to
provisionally adopt Ordinance 1827 amending Chapter 2 and Chapter 38 of the Bozeman
Municipal Code.
1:38:49 Commission discussion on the Motion
The Commission discussed the Board of Adjustment and administrative approvals.
1:40:11 Vote on the Motion that having reviewed application materials, considered public
comment, and all information presented, I hereby adopt the findings presented in the staff
report for application Z-12064 and move to provisionally adopt Ordinance 1827 amending
Chapter 2 and Chapter 38 of the Bozeman Municipal Code.
Those voting Ave being Deputy Mayor Krauss, Crs. Taylor, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
1:40:22 Motion that having reviewed application materials, considered public comment,
and considered all information presented, I hereby adopt the findings presented in the staff
report for application Z-12064 and move to provisionally adopt Ordinance 1828 amending
Chapter 38 of the Bozeman Municipal Code.
It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor that Having reviewed
application materials, considered public comment, and considered all information
presented, I hereby adopt the findings presented in the staff report for application Z-12064
and move to provisionally adopt Ordinance 1828 amending Chapter 38 of the Bozeman
Municipal Code.
1:40:52 Commission Discussion
1:41:12 Vote on the Motion that having reviewed application materials, considered public
comment, and considered all information presented,I hereby adopt the findings presented
in the staff report for application Z-12064 and move to provisionally adopt Ordinance 1828
amending Chapter 38 of the Bozeman Municipal Code.
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Minutes of the Bozeman City Commission,August 27,2012
Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
1:41:27 5. Municipal Code Amendments Z-12163: Provisional Adoption of Ordinance
1830, relocating the Design Review and Wetlands Review Board's provisions, Amending
Chapter 20 to remove duplicative standards, and amending Chapter 38 to improve various
development standards, add cross references and remove redundant text; and Provisional
Adoption of Ordinance 1839, amending section 38.23.180 regarding water rights with
development and amending additional sections which are relevant to the same topic as
needed (Saunders)
1:42:19 Chris Saunders,Assistant Planning Director
Mr. Saunders gave the Staff presentation regarding Municipal Code Amendments Z-12163:
Provisional Adoption of Ordinance 1830, relocating the Design Review and Wetlands Review
Board's provisions, Amending Chapter 20 to remove duplicative standards, and amending
Chapter 38 to improve various development standards, add cross references and remove
redundant text; and Provisional Adoption of Ordinance 1839, amending section 38.23.180
regarding water rights with development and amending additional sections which are relevant to
the same topic as needed. Ordinance 1830 was inadvertently left out of the Commission packet
materials.
1:50:41 Commission discussion
The Commission and Staff spoke regarding the new changes in Ordinance No. 1839.
1:56:42 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
1:57:18 Motion to provisionally adopt Ordinance 1839 amending the water rights
provisions of Chapter 38 of the Bozeman Municipal Code and further move to direct staff
to make corresponding changes in Resolutions 3907 and 4095 to be acted upon at the time
of the final adoption of Ordinance 1839.
It was moved by Cr. Taylor seconded by Cr. Mehl to provisionally adopt Ordinance 1839
amending the water rights provisions of Chanter 38 of the Bozeman Municipal Code and
further move to direct staff to make corresponding changes in Resolutions 3907 and 4095
to be acted upon at the time of the final adoption of Ordinance 1839.
1:57:48 Commission discussion
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Minutes of the Bozeman City Commission,August 27,2012
1:58:58 Vote on the Motion to provisionally adopt Ordinance 1839 amending the water
rights provisions of Chapter 38 of the Bozeman Municipal Code and further move to direct
staff to make corresponding changes in Resolutions 3907 and 4095 to be acted upon at the
time of the final adoption of Ordinance 1839.
Those voting Aye being Crs. Taylor, Mehl, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
1:59:12 Motion to approve the first reading of Ordinance 1830 amending Chapter 2 and
Chapter 38 of the Bozeman Municipal Code to September loth.
It was moved by Cr. Taylor, seconded by Cr. Mehl to approve the first reading of
Ordinance 1830 amending Chapter 2 and Chapter 38 of the Bozeman Municipal Code to
September loth.
1:59:28 Commission discussion
1:59:33 Public comment
1:59:37 Vote on the Motion to approve the first reading of Ordinance 1830 amending
Chapter 2 and Chapter 38 of the Bozeman Municipal Code to September loth.
Those voting Ave being Crs. Mehl, Taylor, Deputy Mavor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
2:00:00 J. FYI/Discussion
2:00:04 1. List of what the City is exempt from. Majority of Commission asked for this.
2:00:57 2. Update of Solid Waste Rate Study (Arkell)
2:01:28 3. Joint School District Meeting and Joint ASMSU Meeting
The Commission discussed scheduling an October I"meeting with the School district and an
October 29th meeting with the MSU Students.
2:08:50 4. Public Service Director Debbie Arkell's last meeting
Mr. Kukulski announced that this is Ms. Arkell's last meeting and she has been a terrific asset to
the City for many years.
2:10:44 5. Policy Issues to be added to future agendas
Page 10 of 11
Minutes of the Bozeman City Commission,August 27,2012
2:12:03 6. Gallatin College
2:14:39 7. Settlement Conference
2:15:00 K. Adjournment
Mayor Becker adjourned the meeting at 8:21 p.m.
�F•B O`'> Sean Becker, Mayor
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