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HomeMy WebLinkAboutOrdinance 1820 for Harringtons1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Director of Economic Development And Community Relations SUBJECT: Ordinance 1820 Authorizing the City Manager to Submit an Application for Approval of a Certificate of Survey to Relocate the Common Boundary Line between City-owned property at the Bozeman Public Library and the Adjacent Harrington’s Parcel. MEETING DATE: October 22, 2012 AGENDA ITEM TYPE: Action Item RECOMMENDATION: 1) Review proposed Ordinance 1820 (Attachment 1) and previously submitted public hearing material from September 19, 2011 related to a shared property boundary between City-owned property at the Bozeman Public Library and the adjacent Harrington’s Parcel; 2) Open the public hearing on Ordinance 1820; 3) Hear the staff presentation, ask questions of staff and take public comment; 4) If necessary, propose changes to the ordinance language; 5) Direct staff to return the Ordinance, amended as directed, to the Commission on the appropriate Consent agenda for second reading approval. The effective date of the ordinance is 30 days after the date of the second reading. BACKGROUND: On September 19, 2011, the City Commission took two actions related to encroachment of the Harrington’s building on City property. In two separate actions the Commission determined that: 1) The 700 square feet of city-owned property identified in the exhibits, was not needed for public use and that an appropriate associated maintenance agreement on City property for building maintenance be executed. AND 2) Having found that 700 square feet of city-owned property identified in the exhibits, was not needed for public use, they directed staff to initiate the steps necessary to transfer 700 square feet of property to Harrington’s Inc. and to execute an appropriate maintenance agreement on City property for building maintenance. 81 2 The minutes from the September 19th City Commission meeting are submitted herein as Attachment 2. The packet material for the September 19, 2011 City Commission meeting can be found by clicking on this link. Amended Covenants The Commission approved the proposed boundary line adjustment predicated on the recording of a revised Declaration of Restrictive Covenants on the Harrington’s parcel that includes all of the land transferred in addition to the remainder of the property owned by Harrington’s Inc. included within the CMC Asbestos Bozeman Facility. (Attachment 3) Maintenance Agreement At the September 19, 2011 public hearing, the Commission requested a maintenance agreement be executed between the property owner and the City of Bozeman in order to allow the appropriate access to the east side of the Harrington’s building for general maintenance and upkeep. (Attachment 4) UNRESOLVED ISSUES: None have been identified at this time. ALTERNATIVES: As recommended by the Commission. FISCAL EFFECTS: None have been identified at this time. Attachments: 1) Ordinance 1820 2) Minutes from the September 19, 2011 City Commission meeting; 3) Amendment to Restrictive Covenant; 4) Executed maintenance access easement between the owners of the Harrington’s property and the City of Bozeman; 5) Exhibit to Certificate of Survey 460 depicting the proposed boundary line adjustment area; and 6) Aerial photograph of the Harrington’s Inc. Property and City Property depicting the encroachment on the east side of the Harrington’s building. Report compiled on: October 11, 2012 82 Page 1 of 4 ORDINANCE NO. 1820 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR APPROVAL OF A CERTIFICATE OF SURVEY TO RELOCATE THE COMMON BOUNDARY LINE BETWEEN THE BOZEMAN PUBLIC LIBRARY AND THE ADJACENT HARRINGTON PARCEL. WHEREAS, the City of Bozeman has identified an encroachment of a building onto the real property acquired for and occupied by the Bozeman Public Library; and WHEREAS, Section 76-3-207, MCA, allows for divisions of land for the purpose of relocating common boundary lines between adjoining properties; and WHEREAS, the City Commission desires to move the boundary between these respective properties to remove the encroachment by the building; and WHEREAS, the City Commission did, on the 19th day of September, 2011, find that the approximately 700 square feet of property adjacent to the Harrington parcel at which the building encroaches is not needed for public use; and WHEREAS, the relocation of this common boundary line benefits the public interest because the encroachment afflicts the title to the land acquired for and occupied by the Bozeman Public Library; and WHEREAS, the relocation of this common boundary line will provide additional benefit to the public interest because the encroachment also afflicts the title to the land adjacent to the Bozeman Public Library, and removal of the encroachment will increase the marketability and development potential of said land; and WHEREAS, Section 2.11 of the Bozeman City Charter requires the Commission to adopt an ordinance when the Commission "convey(s), lease(es)or authorize(s) the conveyance or lease of any lands of the city." 83 Page 2 of 4 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 The City Commission hereby authorizes the City Manager to submit an application for approval of a Certificate of Survey to relocate the common boundary line between the Bozeman Public Library, and the adjacent Harrington parcel. The proposed Certificate of Survey is incorporated herein by reference and made a part of this Ordinance. The City Commission further authorizes the City Manager to execute a deed conveying title of that portion of the land affected by the relocation of the boundary line, subject to approval of the boundary line adjustment application and further predicated on the recording of a revised Declaration of Restrictive Covenants on the Harrington parcel that includes all of the land transferred in addition to the remainder of the property owned by Harrington’s Inc. that is included within the CMC Asbestos Bozeman Facility. Final execution of the Certificate of Survey and deed are dependent upon final adoption of this Ordinance 1820, and the recording of the Declaration of Restrictive Covenants, and as such the City Manager cannot execute the Certificate of Survey and deed until 30 days after second reading of this Ordinance and the Recording of the Declaration of Restrictive Covenants. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. 84 Page 3 of 4 Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Conveyances and Leases of City Land.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 22nd day of October, 2012. ____________________________________ SEAN A. BECKER Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ______ day of_______________, 2012. The effective date of this ordinance is ___________, ____, 2012. _________________________________ SEAN A. BECKER Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk 85 Page 4 of 4 APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 86 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN MONTANA September 19 2011 The Commission of the City of Bozeman met in the Commission Room City Hall at 121 North Rouse on Monday September 19 2011 Present were Mayor Jeff Krauss Commissioner Cyndy Andrus Commission Sean Becker Commissioner Chris Mehl and Commissioner Carson Taylor Assistant City Manager Chuck Winn Finance Director Anna Rosenberry City Attorney Greg Sullivan and City Clerk Stacy Ulmen Please refer to the audio recording ofthis meetingfor additional detail 0 09 31 A Call to Order 6 p m Commission Room City Hall 121 North Rouse Mayor Krauss called the meeting to order 0 09 36 B Pledge of Allegiance and a Moment of Silence 0 10 27 Welcome Mayor Krauss welcomed everybody to the meeting 0 10 32 C Changes to the Agenda Mayor Krauss asked Assistant City Manager Chuck Winn if there were any changes to the Agenda Mr Winn stated no 0 10 39 D Consent L Authorize Payment of Accounts Payable Claims LaMeres 2 Authorize City Manager to sign and submit Grant application for the Montana Community Development Block Grant Economic Development Program 2011 Planning Grant in partnership with the State of Montana s Department of Natural Resources and Conservation Fontenot 3 Ratify Fire Chief s signature on 2011 Assistance to Firefighters Grant Application Shrauger 4 Approve the monthly report for the Building Inspection Division for August 2011 Risk 0 10 52 Public Comment Mayor Krauss opened public comment on the Consent Agenda No person commented Mayor Krauss closet public comment Page 1 of 13 87 Minutes ofthe Bozeman City Commission September 19 2011 0 11 03 Motion and Vote to approve Consent Items D 1 4 It was moved by Cr Andrus seconded by Cr Becker to approve Consent Items D 1 4 Those votina Ave beine Crs Andrus Becker Mehl Taylor and Mayor Krauss Those voting No being none The motion passed 5 0 0 11 20 E Public Comment Mayor Krauss opened general public comment No person commented Mayor Krauss closed general public comment 0 12 30 F Mayoral Proclamation Gold Star Mother s and Families Day September 24th Mayor Krauss declared September 24th as Gold Star Mother s and Families Day 0 15 42 G Action Items 0 15 46 1 Continued Consideration of Site Plan and Certificate of Appropriateness for Digital Skylines Application No Z 11139 705 Bridger Drive Saunders 0 15 51 Mayor Krauss Mayor Krauss stated that he will entertain public comment on all factors of this application 0 15 52 Chris Saunders Assistant City Planner Mr Saunders gave the staff presentation regarding the Continued Consideration of Site Plan and Certificate of Appropriateness for Digital Skylines Application No Z 11139 705 Bridger Drive 025 05 Commission Questions for Staff The Commission and Staff discussed expertise gaps in service and setbacks from residential areas 0 30 03 Kevin Howell Applicant representing Verizon Wireless Mr Howell gave the applicant presentation regarding the Site Plan and Certificate of Appropriateness for Digital Skylines Application No Z 11139 705 Bridger Drive 0 35 37 Commission Questions for Applicant The Commission and Applicant spoke regarding how far the signal would span along with the height of the tower needs and spectrums 1 02 29 Public Comment Mayor Krauss opened public comment 1 02 59 Jean TromhjE Public Comment Ms Trombly of 2413 Birdie Drive spoke regarding the M 1 Zoning the location and potential danger to residents She urged the Commission to not approve the Tower at this site Page 2 of 13 88 Minutes of the Bozeman City Commission September 19 2011 1 06 09 DavidAndreasi Public Comment Mr Amdreasi spoke regarding his condo project that is right in the path of the tower It is only 65ft from the tower and this poses a threat to his property The tower needs to have a safe site He stated that a no vote will say that the Commission cares 1 09 03 Don Lucker Public Comment Mr Lucker spoke regarding the future He stated that the City codes are out of date We need a moratorium to look at present codes He spoke regarding respecting quality of life He is not against cell activity but has a concern of safety He asked that the Commission deny the application and work with Verizon to find a different site 1 13 38 Brian Gallik Public Comment Mr Gallik stated that he is representing the core protection group and spoke regarding the August 18th letter that was submitted by the group he represents He spoke regarding the Federal standards and gap in coverage This is in the City s entry way corridor This will come back in the future He urged the Commission to act accordingly 1 15 39 Public Comment closed Mayor Krauss closed public comment 1 15 50 Commission Questions for staff The Commission and staff spoke regarding zoning and uses 1 20 25 Applicant Rebuttal The Applicant rebutted the public comment in regards to concerns regarding fall zones other locations and height 1 25 11 Questions for Applicant 1 31 56 Public Hearing Closed Mayor Krauss closed the public hearing 1 32 22 Greg Sullivan City Attorney Mr Sullivan reminded the Commission that there is a previous motion on the floor to be acted upon He stated that the staff recommendation is to withdraw the motion 1 32 34 Stacy Ulmen City Clerk Ms Ulmen read back to motion from the previous meeting 1 32 59 Motion and Vote to withdraw the motion from August 15 2011 as follows It was moved by Cr Taylor seconded by Cr Mehl that having heard and consideredpublic testimony the materials presented in the packet andfinding that the application is in conformance with the requirements of the City ofBozeman I move to approve application Z 11139 as amended by the August 3 2011 submittal with the conditions and code requirements contained in the staffreport It was moved by Cr Taylor seconded la Cr Mehl to withdraw the motion from August 153 2011 as follows It was moved hE Cr Taylor seconded by Cr Mehl that havin heard and Page 3 of 13 89 Minutes of the Bozeman City Commission September 19 2011 considered public testimony the materials presented in the packet and rindiLng that the y2plication is in conf re W ofBozeman I move toormancewiththeirementsoftheCq yMrove qMlication Z 11139 as amended by theAugust 3 2011 submittal with the conditions and code requirements contained in the staffreport Those voting Ave being Crs Taylor Mehl Andrus Becker and Mayor Krauss Those voting No being none The motion passed 5 0 1 33 36 Motion that having heard and considered public testimony 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 2011submittal with the conditions and code requirements contained in the staff report It was moved by Cr Becker seconded by Cr Mehl that Having heard and considered public testimony 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 2011submittal with the conditions and code requirements contained in the staff report 1 34 02 Commission discussion on the Motion The Commission spoke regarding alternatives gaps in service public comment the appearance of the tower setbacks safety utilities moratoriums height view shed and other locations 2 06 32 Greg Sullivan City Attorney Mr Sullivan pointed out aesthetics and how it is applied within the Bozeman Municipal Code within the telecommunications area 2 08 41 Amendment to the Main Motion that the language read by Cr Becker would remain the same but add the finding after the City of Bozeman if the tower is 60ft or less It was moved by Cr Mehl seconded by Cr Taylor that the language read by Cr Becker would remain the same but add the finding after the City of Bozeman if the tower is 60ft or less 2 09 19 Commission Discussion on the Amendment 2 11 54 Friendly Amendment to the Amendment to add and use the September 7th mono pole submittal Cr Mehl and Cr Taylor agreed to add and use the September 7th mono pole submittal to the amendment 2 12 40 Commission Discussion 2 12 52 Vote on the Amendment that the language read by Cr Becker would remain the same but add the finding after the City of Bozeman if the tower is 60ft or less and use the September 7th mono pole submittal Page 4 of 13 90 Minutes of the Bozeman City Commission September 19 2011 Those voting Aye being Crs Mehl Talor and Mayor Krauss Those voting No being Crs Andrus and Becker The motion passed 3 2 2 13 19 Vote on the Main Motion that having heard and considered public testimony materials presented in the packet and finding that the application is in conformance with the requirements of the City of Bozeman if the tower is 60ft or less I move to approve application Z 11139 as amended by the August 3 2011 September 7th Mono Pole submittal with the conditions and code requirements contained in the staff report Those voting Aye being Crs Mehl Talor and Mayor Krauss Those voting No being Crs Becker and Andrus The motion passed 3 2 2 13 43 Break Mayor Krauss declared a break 2 27 41 Meeting called back to order Mayor Krauss called the meeting back to order 2 28 04 2 Public Hearing and Consideration of Audrey s Pizza Outdoor Seating Conditional Use Permit and Certificate of Appropriateness with Deviation Application No Z 11198 Riley 2 28 38 Doug Riley Associate Planner Mr Riley gave the staff presentation regarding Audrey s Pizza Outdoor Seating Conditional Use Permit and Certificate of Appropriateness with Deviation Application No Z 11198 234 20 Commission Questions for Staff The Commission and Staff spoke regarding the distance of the overhang on the building and the awning 2 35 59 Angie Schlegal Applicant Ms Schlegal gave the Applicant presentation regarding Audrey s Pizza Outdoor Seating Conditional Use Permit and Certificate of Appropriateness with Deviation Application No Z 11198 2 36 57 Commission Questions for Applicant The Commission and applicant spoke regarding outdoor music and parking problems 2 38 30 Public Comment Mayor Krauss opened public comment 2 38 48 Julie Maxwell Public Comment Ms Maxwell stated that she owns property near the restaurant Her concern is the noise level and the impact to her property She has windows open in the spring summer and fall and would like the Commission to make the fence higher on the south side In regards to the hours of operation she asked that the patio be closed at 9 p m Page 5 of 13 91 Minutes ofthe Bozeman City Commission September 19 2011 2 41 50 Public comment closed Mayor Krauss closed public comment 2 42 05 Commission discussion with Staff Mr Riley spoke with the Commission about the setbacks fencing and outside seating 2 44 58 Public Hearing closed Mayor Krauss closed the public hearing 2 45 00 Motion that having reviewed the application materials considered public comment and all information presented I hereby move to approve Conditional Use Permit and Certificate of Appropriateness with Deviation application Z 11198 to allow a new outdoor seating area including a setback deviation and the expansion of the sale of alcohol for on premise consumption within the outdoor seating area at 401 East Peach Street commonly known as Audrey s Pizza Oven hereby incorporating by reference the conditions of approval and findings included in the staff report It was moved by Cr Mehl seconded by Cr Taylor that Havine reviewed the application materials considered public comment and all information presented 1hereby move to approve Conditional Use Permit and Certificate of Appropriateness with Deviation application Z 11198 to allow a new outdoor seating area including a setback deviation and the expansion of the sale of alcohol for on premise consunintion within the outdoor scatin area at 401 East Peach Street commonly known as Audrey s Pizza Oven hereby incorporating by reference the conditions of approval and findings included in the staff report 2 45 42Commission discussion on the Motion The Commission spoke regarding noise fencing requirements and the zoning of the area 2 48 45 Vote on the Motion that having reviewed the application materials considered public comment and all information presented I hereby move to approve Conditional Use Permit and Certificate of Appropriateness with Deviation application Z 11198 to allow a new outdoor seating area including a setback deviation and the expansion of the sale of alcohol for on premise consumption within the outdoor seating area at 401 East Peach Street commonly known as Audrey s Pizza Oven hereby incorporating by reference the conditions of approval and findings included in the staff report Those voting Ave being Crs Mehl Taylor Andrus Becker and Mayor Krauss Those voting No being none The motion passed 5 0 2 49 28 3 Request to Amend Fiscal Year 2012 Transportation Impact Fee Capital Improvement Program Saunders 2 49 34 Chris Saunders Assistant Planning Director Mr Saunders gave the staff presentation regarding the request to Amend Fiscal Year 2012 Transportation Impact Fee Capital Improvement Program Page 6 of 33 92 Minutes of the Bozeman City Commission September 19 2011 2 51 24 Commission questions for Staff The Commission and staff discussed credit towards future work and transferring credits 2 55 11 Applicant Presentation The Applicant representing Norton Properties and the J D Family Partnership gave the presentation regarding the request to Amend Fiscal Year 2012 Transportation Impact Fee Capital Improvement Program 3 02 24 Public Comment Mayor Krauss opened public comment No person commented Mayor Krauss closed public comment 3 02 34 Commission Questions for staff The Commission and Staff spoke regarding growth and the Capital Improvement Plan creating Special Improvement Districts and conversations with developers 3 05 55 Public hearing closed Mayor Krauss closed the public hearing 3 06 05 Motion that having heard and considered evidence and public testimony I find that amending the capital improvement program to include the center turn lane of West Babcock Street west of North Cottonwood Road and the widening of North Cottonwood Road at this time is detrimental to the proper operation of the transportation impact fee program and negatively affects other prioritized projects already included on the CIP and therefore I move to retain the Transportation Impact Fee capital improvement program as currently established It was moved by Cr Taylor seconded ky Cr Andrus that Having heard and considered evidence and public testimony I find that amendina thecapital improvement program to include the center turn lane of West Babcock Street west of North Cottonwood Road and the widenina of North Cottonwood Road at this time is detrimental to the l2roPer operation of the transportation impact fee program and negatively affects other 12rioritized projects already included on the CIP and therefore I move to retain the Transportation Impact Fee capital improvement Program as currently established 3 06 49 Discussion on the Motion 3 16 24 Vote on the Motion to that Having heard and considered evidence and public testimony I find that amending the capital improvement program to include the center turn lane of West Babcock Street west of North Cottonwood Road and the widening of North Cottonwood Road at this time is detrimental to the proper operation of the transportation impact fee program and negatively affects other prioritized projects already included on the CIP and therefore I move to retain the Transportation Impact Fee capital improvement program as currently established Those voting Ale being Cr Taylor Those voting No being Crs Andrus Becker Mehl and Mayor Krauss Page 7 of 13 93 Minutes of the Bozeman City Commission September 19 2011 The motion failed 1 4 3 16 47 Motion that having heard and considered evidence and public testimony I find the addition of a center turn lane on W Babcock Street and the expansion of North Cottonwood Road is both capacity expanding and not project related as both terms are defined in Chapter 3 24 of the Bozeman Municipal Code therefore I move to add these system improvements to the FY12 Transportation Capital Improvements Program list and provide for its funding in the amount of 63 003 28 for West Babcock Street and the amount of 5689 250 01 for North Cottonwood Road It was moved by Cr Taylor Seconded ba Cr Andrus that having heard and considered evidence and public testimogy I rind the addition of a center turn lane on W Babcock Street and the expansion of North Cottonwood Road is both capacity expanding and not project related as both terms are defined in Chapter 3 24 of the Bozeman Municipal Code therefore I move to add these system improvements to the FY12 Transportation Capital Improvements Program list and provide for its funding in the amount of 63 003 28 for West Babcock Street and the amount of 689 250 01 for North Cottonwood Road 3 17 33 Discussion on the Motion 3 21 38 Vote on the Motion that having heard and considered evidence and public testimony I find the addition of a center turn lane on W Babcock Street and the expansion of North Cottonwood Road is both capacity expanding and not project related as both terms are defined in Chapter 3 24 of the Bozeman Municipal Code therefore I move to add these system improvements to the FY12 Transportation Capital Improvements Program list and provide for its funding in the amount of S63 003 28 for West Babcock Street and the amount of 5689 250 01 for North Cottonwood Road Those voting Aye bcin2 Crs Taylor Andrus Becker Mehl and Mayor Krauss Those voting No being none The motion passed 5 0 3 22 07 4 Request to Amend Fiscal Year 2012 Water Impact Fee Capital Improvement Program Saunders 3 22 27 Chris Saunders Assistant Planning Director Mr Saunders gave the staff presentation regarding the request to Amend Fiscal Year 2012 Water Impact Fee Capital Improvement Program 3 23 42 Commission Questions for Staff The Commission and Staff spoke regarding the completion of the water plant 3 25 09 Public Comment Mayor Krauss opened public comment No person commented Mayor Krauss closed public comment Page 8 of 13 94 Minutes ofthe Bozeman City Commission September 19 2021 3 25 17 Motion that having heard and considered evidence and public testimony I find that the over sizing of the water main from 8 inch to 12 inch diameter underlying W Babcock Street for approximately 1 520 feet west of North Cottonwood Road is both capacity expanding and not project related as defined pursuant to Chapter 3 24 of the Bozeman Municipal Code and therefore I move to add this improvement to the FY12 Water Capital Improvements Program list and provide for its funding in the amount of 20 065 It was moved by Cr Andrus seconded by Cr Becker that having heard and considered evidence and public testimony I rind that the over sizing of the water main from 8 inch to 12 inch diameter underlyinLy W Babcock Street for approximateLy 1 520 feet west ofNorth Cottonwood Road is both capacityex 2anding and not project related as defined pursuant to Chapter 3 24 of the Bozeman Municipal Code and therefore I move to add this improvement to the FY12 Water Capital Improvements Program list and provide for its funding in the amount of 20 065 3 25 56 Commission Discussion on the Motion 3 26 48 Vote on the Motion to that having heard and considered evidence and public testimony I find that the over sizing of the water main from 8 inch to 12 inch diameter underlying W Babcock Street for approximately 1 520 feet west of North Cottonwood Road is both capacity expanding and not project related as defined pursuant to Chapter 3 24 of the Bozeman Municipal Code and therefore I move to add this improvement to the FY12 Water Capital Improvements Program list and provide for its funding in the amount of 520 065 Those voting Ave being Crs Andrus Becker Mehl Taylor and Ma or Krauss Those voting No being none The motion passed 5 0 3 27 05 5 Continued Public Hearing and Consideration of Impact Fee Appeal No 1102 and Impact Fee Credit Request No 1101 from Norton and J D Family Partnership Saunders 3 27 15 Chris Saunders Assistant Planning Director Mr Saunders gave the staff presentation regarding Continued Public Hearing and Consideration of Impact Fee Appeal No 1102 and Impact Fee Credit Request No 1101 from Norton and J D Family Partnership 3 29 06 Commission Questions for Staff The Commission and Staff discussed project related improvements 3 30 52 Applicant Presentation The Applicant representing Norton Properties and the J D Family Partnership gave the presentation regarding the continued Public Hearing and Consideration of Impact Fee Appeal No 1102 and Impact Fee Credit Request No 1101 from Norton and J D Family Partnership The applicant stated that cash is preferred for the credit Page 9 of 13 95 Minutes of the Bozeman City Commission September 19 2011 3 31 56 Public Comment Mayor Krauss opened public comment No person commented Mayor Krauss closed public comment 3 32 10 Motion that having previously adopted motions which directed the applicant s request for impact fee credits to be added to the water and transportation impact fee capital improvement programs and finding the request for credit consistent with the criteria for approval in Chapter 3 24 of the Bozeman Municipal Code I move to approve the requested impact fee credits in the amounts of 20 065 from the water impact fee fund provide for its funding in the amount of 63 003 28 and 5689 250 01 from the transportation impact fee fund subject to the conditions as recommended by staff It was moved by Cr Becker seconded by Cr Mehl that having previously adopted motions which directed the applicant s request for impact fee credits to be added to the water and transportation impact fee capital improvement programs and finding the request for credit consistent with the criteria for approval in Chal2ter 3 24 of the Bozeman Municipal Code I move to approve the re nested impact fee credits in the amounts of 20 065 from the water impact fee fund provide for its funding in the amount of 63 003 28 and 689 250 01 from the transportation impact fee fund subject to the conditions as recommended by staff 3 33 14 Commission Discussion on the Motion The Commission and staff spoke regarding the cash payment the amount oftime it will take for the credit 3 34 35 Vote on the Motion that having previously adopted motions which directed the applicant s request for impact fee credits to be added to the water and transportation impact fee capital improvement programs and finding the request for credit consistent with the criteria for approval in Chapter 3 24 of the Bozeman Municipal Code I move to approve the requested impact fee credits in the amounts of 20 065 from the water impact fee fund provide for its funding in the amount of 63 003 28 and 5689 250 01 from the transportation impact fee fund subject to the conditions as recommended by staff Those voting Aye being Crs Becker Mehl Taylor Andrus and Mayor Krauss Those voting No beini none The motion passed 5 0 3 35 09 6 Need Hearing to Determine whether 700 square feet of city owned property at 200 South Wallace is no longer needed for public use Fontenot 3 3 5 12 Brit Fontenot Economic Development Director Mr Fontenot gave the staff presentation regarding the Need Hearing to determine whether 700 square feet of city owned property at 200 South Wallace is no longer needed for public use Page 10 of 13 96 Minutes of the Bozeman City Commission September 19 2011 3 41 09 Commission Questions for Staff The Commission and staff spoke regarding the next time that the Commission will see the transfer ofthe property zero lot lines non conformance square footage values removing encroachments and covenants 3 49 33 Public comment Mayor Krauss opened public comment No person commented Mayor Krauss closed public comment 3 49 41 Motion that having considered the information presented by Staff I move that the Commission rinds that 700 square feet of city owned property depicted on the attached Exhibit to Certificate of Survey 460 is not needed for public use and that an appropriate associated maintenance agreement on City property for building maintenance be executed It was moved by Cr Mehl seconded by Cr Taylor that Having considered the information presented by Staff I move that the Commission finds that 700 square feet of city owned property depicted on the attached Exhibit to Certificate of Surv2j 460 is not needed for public use and that an appropriate associated maintenance agreement on City property for building maintenance be executed 3 50 01 Commission discussion on the Motion The Commission spoke regarding the value of the area asbestos cost of cleanup that this needs to be added to the Tax Increment Financing TIF District moving from non taxable to a taxable status 3 55 16 Vote on the Motion to that having considered the information presented by Staff I move that the Commission finds that 700 square feet of city owned property depicted on the attached Exhibit to Certificate of Survey 460 is not needed for public use and that an appropriate associated maintenance agreement on City property for building maintenance be executed Those voting Aye being Crs Mehl Taylor Andrus Becker and Mayor Krauss Those voting No being none The motion passed 5 0 3 55 29 Motion and Vote that Having found that 700 square feet of city owned property depicted on Exhibit Certificate of Survey 460 is not needed for public use I move to direct staff to initiate the steps necessary to transfer 700 square feet of property to Harrington s Inc and to execute an appropriate maintenance agreement on City property for building maintenance It was moved by Cr Mehl seconded by Cr Taylor that Having found that 700 square feet of city owned property depicted on Exhibit Certificate of Surva 460 is not needed for public use I move to direct staff to initiate the steps necessan to transfer 700 sguare feet of property to Harrington s Inc and to execute an appropriate maintenance agreement on City aroperty for building maintenance Page 11 of 13 97 Minutes ofthe Bozeman City Commission September 19 2011 Those voting Ave being Crs Mehl Taylor Andrus and Mayor Krauss Those voting No being Cr Becker The motion passed 4 1 3 56 39 7 Public Hearing and Consideration of Provisional Adoption of Ordinance No 1816 Codifying the Bozeman Municipal Code Sullivan 3 56 44 Greg Sullivan City Attorney Mr Sullivan gave the staff presentation regarding the Consideration of Provisional Adoption of Ordinance No 1816 Codifying the Bozeman Municipal Code 4 06 39 Rules suspended Mayor Krauss suspended the Rules to 10 30 p m 4 08 18 Commission and Staff Discussion Commission and Staff spoke regarding the items that were taken out of the Code during the re codification indemnification typos and editorial changes 4 13 55 Public Comment Mayor Krauss noted that there were no public members present for public comment 4 14 08 Motion to provisionally adopt Ordinance No 1816 Codifying the Bozeman Municipal Code as set out in the 2011 final proof It was moved by Cr Taylor seconded by Cr Andrus to provisionally ado Ordinance No 1816 Codifying the Bozeman Municipal Code as set out in the 2011 final j2roof 4 14 22 Commission Discussion on the Motion 4 15 58 Vote on the Motion to provisionally adopt Ordinance No 1816 Codifying the Bozeman Municipal Code as set out in the 2011 final proof Those voting Aye being Crs Taylor Andrus Becker Mehl and Mayor Krauss Those voting No being none The Motion passed 5 0 4 16 16 8 Re Appointments to the Building Board of Appeals Kissel 4 16 27 Motion and Vote to re appoint Robert Lashaway and appoint Andrea Michael to the Building Board of Appeals It was moved by Cr Mehl seconded by Cr Taylor to re appoint Robert Lashawgj and appoint Andrea Michael to the Building Board of Appeals Those voting Aye beine Crs Mehl Taylor Andrus Becker and Mayor Krauss Those voting No being none The motion passed 5 0 Page 12 of 13 98 Minutes of the Bozeman City Commission September 19 2011 4 16 50 H FYI Discussion 4 16 58 1 MMTA Email regarding Workman s Comp award Mr Winn spoke regarding a recent award given to the City by MMIA for Workman s Comp 4 18 01 2 Thursday District Hearing 4 18 52 3 Video Tour Book is up and Live 4 20 17 4 Recommendations coming forward from the Parking Commission and the Cash in lieu program 4 21 04 5 Staff and Mayor have met with Department of Revenue regarding taxable valuations 4 33 35 1 Adjournment Mayor Krauss adjourned the meeting at 10 23 p m B 0 Jsz0Jeffor ATEST Uity C IerkStaeITCM 7 83 d C0 0 PREPA RED B rM Stacy In en MC City Clerk Approved oil Page 13 of 13 99 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