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HomeMy WebLinkAboutNovember 5, 2012 Minutes Page 1 of 9 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 5, 2012 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, November 5, 2012. Present were Mayor Sean Becker, Commissioner Chris Mehl, Commissioner Cyndy Andrus, Commissioner Carson Taylor, 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. 0:00:02 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Becker called the meeting to order. 0:00:13 B. Pledge of Allegiance and a Moment of Silence 0:00:46 C. Changes to the Agenda City Manager Chris Kukulski stated that the Commission will be using IPADS in an effort to use electronic documents instead of paper packets at the dais. 0:01:33 D. Public Service Announcements 0:01:36 1. 2012 Annual Beautification Awards Ceremony on November 7th at 7 p.m. in the Library, large conference room (Brekke) Allyson Brekke, Staff Planner gave a PSA regarding 2012 Annual Beautification Awards Ceremony on November 7th at 7 p.m. in the Library, large conference room. 0:02:19 2. City Hall Closed Tuesday, November 6th and Monday, November 12th (Ulmen) Stacy Ulmen, City Clerk gave a PSA about City Hall being closed Tuesday, November 6th and Monday, November 12th. 0:04:05 E. Authorize the absence of Commissioner Krauss. 0:04:07 Motion and Vote to approve the absence of Commissioner Krauss. 5 Minutes of the Bozeman City Commission, November 5, 2012 Page 2 of 9 It was moved by Cr. Andrus, seconded by Cr. Mehl to approve the absence of Commissioner Krauss. Those voting Aye being Crs. Andrus, Mehl, Taylor and Mayor Becker. Those voting No being none. The motion passed 4-0. 0:04:20 F. Minutes – September 17th, September 24th and October 1st, 2012 0:04:25 Motion and Vote to approve the Minutes from September 17th, September 24th and October 1st, 2012. It was moved by Cr. Mehl, seconded by Cr. Taylor to approve the Minutes from September 17th, September 24th and October 1st, 2012. Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 4-0. 0:04:39 G. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize City Manager to sign Notice of Award to Lutey Construction for renovation of the Water Department Building at 5519 Saxson Way, in the Laurel Glen Subdivision (Goehrung) 3. Authorize Mayor to sign Findings of Fact and Order for the preliminary plat of Lot 7A, Block 10, of Meadow Creek Subdivision, Phase 1 Minor Subdivision, Application P-12009 (Skelton) 4. Ratify City Manager's signature on a Professional Services Agreement with Clarion Associates for planning services related to Unified Development Code Amendments for the North Seventh Avenue Urban Renewal Board (Thorpe) 5. Approve Cancelling the City Commission meeting the week of November 12, 2012 (Ulmen) 6. Approve Depository Bonds and Pledged Securities as of September 30, 2012 (Clark) 7. Approve Resolution 4416, authorizing Change Order 10 for the Bozeman Water Reclamation Facility, Phase I Improvements (Murray) 8. Finally Adopt Ordinance No. 1820, authorizing 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 (Fontenot) 9. Finally Adopt Ordinance No. 1843, amending Chapter 2, Article 6, Division 9, Impact Fees to remove specific references (Saunders) 10. Finally Adopt Ordinance No. 1845, establishing initial zoning in conjunction with annexation of 3601 Good Medicine Way, Z-12068 (Saunders) 11. Provisionally Adopt Ordinance No. 1846, Zone Map Amendment to Central Business District (B-3) for Application Z-12122, on 2.8 acres on South Wallace (Riley) 6 Minutes of the Bozeman City Commission, November 5, 2012 Page 3 of 9 0:04:43 Public Comment on the Consent Agenda Mayor Becker opened public comment on the Consent Agenda. No person commented. Mayor Becker closed public comment on the Consent Agenda. 0:05:04 Motion and Vote to approve Consent Items G. 1-11 as submitted. It was moved by Cr. Taylor, seconded by Cr. Andrus to approve Consent Items G. 1-11 as submitted. Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Becker. Those voting No being none. The motion passed 4-0. 0:05:22 H. Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 0:05:40 I. Action Items 0:05:43 1. First Baptist Church Zone Map Amendment, Application Z-12219 (Skelton) 0:06:55 Dave Skelton, Sr. Planner Mr. Skelton gave the staff presentation regarding the First Baptist Church Zone Map Amendment, Application Z-12219. 0:17:21 Questions for Staff There were no Commission questions for Staff. 0:17:35 Applicant Presentation Applicant representative Chris Budeski gave the applicant presentation regarding the First Baptist Church Zone Map Amendment, Application Z-12219. 0:19:33 Questions for Applicant The Commission and Applicant spoke regarding the water course area. 0:20:55 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 7 Minutes of the Bozeman City Commission, November 5, 2012 Page 4 of 9 0:21:08 Motion that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report and in Zoning Commission Resolution Z-12219 for application Z-12219 and move to approve the zone map amendment of R-4 for Tract C of Van Horn Subdivision with contingencies listed in the staff report; and denial of the R-4 request for Lot 3 and Lot 4 of Minor Subdivision No. 233, and direct staff to prepare an ordinance for the zone map amendment. It was moved by Cr. Andrus, seconded by Cr. Mehl that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report and in Zoning Commission Resolution Z-12219 for application Z-12219 and move to approve the zone map amendment of R-4 for Tract C of Van Horn Subdivision with contingencies listed in the staff report; and denial of the R-4 request for Lot 3 and Lot 4 of Minor Subdivision No. 233, and direct staff to prepare an ordinance for the zone map amendment. 0:21:49 Commission Discussion on the Motion 0:23:03 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 and in Zoning Commission Resolution Z-12219 for application Z-12219 and move to approve the zone map amendment of R-4 for Tract C of Van Horn Subdivision with contingencies listed in the staff report; and denial of the R-4 request for Lot 3 and Lot 4 of Minor Subdivision No. 233, and direct staff to prepare an ordinance for the zone map amendment. Those voting Aye being Crs. Andrus, Mehl, Taylor and Mayor Becker. Those voting No being none. The motion passed 4-0. 0:23:11 2. Request for Issuance of Disclaimer of Interest or Quitclaim Deed for property located at or adjacent to 323 S. Wallace (Cooper) 0:24:12 Commission Disclaimer Cr. Taylor disclosed his friendship with the applicants but stated that he has no financial interest or a personal gain from this item. 0:26:47 Tim Cooper, Assistant City Attorney Mr. Cooper gave the staff report regarding the Request for Issuance of Disclaimer of Interest or Quitclaim Deed for property located at or adjacent to 323 S. Wallace. 8 Minutes of the Bozeman City Commission, November 5, 2012 Page 5 of 9 0:39:30 Questions for Staff The Commission and Staff spoke regarding the location of the additional structure and the option for a turn around. 0:43:14 Brian Gallik, Applicant Representative Mr. Gallik stated that he is an Attorney for the applicant and spoke regarding property law. 0:50:34 Commission Questions for Applicant The Commission and Applicant spoke regarding the fire truck access, prescriptive easements, claims of a dedicated public easement, payment of taxes, easement grant, neighbor conversations and the recent fire in the area. 1:09:53 Public Comment Mayor Becker opened public comment. 1:10:06 Salal Hubert McGee, Public Comment Ms. McGee of 332 South Church spoke regarding the lack of communication. She requests follow through with granting giving them access and turnaround ability. 1:17:58 Trevor Susse, Public Comment Mr. Susse spoke regarding the lack of communication. It is difficult to turn around back there. 1:21:26 Gary Gullikson, Public Comment Mr. Gullikson spoke regarding the original Alley plat and the hammerhead. He spoke regarding the lack of noticing. He also spoke regarding ingress and egress. He spoke regarding Accessory Dwelling Units. 1:36:56 Jill Hamilton, Public Comment Ms. Hamilton stated that this alley has never really functioned as an alley and urged the Commission to approve the application. 1:37:37 Public Comment closed Mayor Becker closed public comment. 1:37:53 Applicant response Applicant Jeff Ball spoke regarding the history of the property and stated that he retained a lawyer to protect his property rights. 1:41:57 Commission questions for Staff The Commission and the Applicant spoke regarding the utility easements and the long history of the complications and debate related to the strip of land, the need to address the issue, a copy of a letter from 2006 in regards to resolving the letter, right of way establishment around the community, vacating right of way examples, a disclaimer of interest documents, other 9 Minutes of the Bozeman City Commission, November 5, 2012 Page 6 of 9 prescriptive easements in the community, the alternatives provided by staff and the process of a quit claim deed. 2:00:24 Motion to direct staff to initiate the steps necessary to disclaim interest in the 25' x 150' strip of land on the westerly portion of the property described as 323 South Wallace Avenue through Ordinance. It was moved by Cr. Mehl, seconded by Cr. Taylor to direct staff to initiate the steps necessary to disclaim interest in the 25' x 150' strip of land on the westerly portion of the property described as 323 South Wallace Avenue through Ordinance. 2:01:08 Commission Discussion on the Motion The Commission spoke regarding the process of an ordinance, the need to address this issue, the need to know what is going on with safety, staff time, noticing, fundamental property law, a hammerhead, public comment and input from the community and the need for a Library Board discussion. 2:12:23 Vote on the Motion to direct staff to initiate the steps necessary to disclaim interest in the 25' x 150' strip of land on the westerly portion of the property described as 323 South Wallace Avenue through Ordinance. Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 4-0. 2:12:33 Break Mayor Becker declared a break. 2:27:08 Meeting called back to order Mayor Becker called the meeting back to order. 2:27:22 3. Resolution No. 4414, adopting the South Bozeman Technology District Comprehensive Development Plan (Fontenot) 2:27:30 Brit Fontenot, Economic Development Director Mr. Fontenot gave the staff presentation regarding Resolution No. 4414, adopting the South Bozeman Technology District Comprehensive Development Plan. 2:35:05 Commission Questions for Staff The Commission and staff spoke regarding the development plan and the success of the plan, outreach, types of businesses, the connection with MSU, the function of the Tax Increment Financing District, retiring the debt, ground lease, sun setting the TIF, commitment, coordinating with those that have public interest at heart, meeting with the companies and standards, how 10 Minutes of the Bozeman City Commission, November 5, 2012 Page 7 of 9 research parks are set up, the set up of other districts and profit and nonprofit businesses in relation to property taxes. 3:35:51 Public Comment Mayor Becker opened public comment. 3:36:08 Gary Lusin, Public Comment Mr. Lusin stated that he is the Chair of the Bozeman School Board. He generally supports the vision and has an interest in seeing the community grow. The Board would like to know what the costs will so they know how it will impact tax base. 3:39:34 Public Comment closed Mayor Becker closed public comment. 3:39:48 Motion to approve Resolution No. 4414, adopting the South Bozeman Technology District Comprehensive Plan. It was moved by Cr. Taylor, seconded by Cr. Andrus to approve Resolution No. 4414, adopting the South Bozeman Technology District Comprehensive Plan. 3:40:03 Commission discussion on the Motion The Commission discussed diversity, long term planning, support of economic development goals, probability, risks that the City will take on for success, support of the school board representative in the process, capping and outreach, and the need to keep moving forward with economic development. 3:59:59 Meeting extended to 10:30 p.m. Mayor Becker extended the meeting to 10:30 p.m. 4:00:04 Vote on the Motion to approve Resolution No. 4414, adopting the South Bozeman Technology District Comprehensive Plan. Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Becker. Those voting No being none. The motion passed 4-0. 4:00:39 4. Provisional Adoption of Ordinance No. 1844, Creating the South Bozeman Technology District (Fontenot) 4:01:16 Brit Fontenot, Economic Director Mr. Fontenot gave the staff presentation regarding the Provisional Adoption of Ordinance No. 1844, Creating the South Bozeman Technology District. 11 Minutes of the Bozeman City Commission, November 5, 2012 Page 8 of 9 4:04:53 Commission Questions for Staff The Commission and Staff discussed keeping a district valid and follow up with the Commission about the district. 4:06:39 Public Comment Mayor Becker opened public comment. 4:06:54 Gary Lusin, Public Comment Mr. Lusin stated that he has nothing to add to his previous statement and is available for questions. Mr. Lusin and the Commission discussed the School Board involvement on the TIF Board. 4:09:35 Public Comment closed Mayor Becker closed public comment. 4:09:46 Motion to provisionally adopt Ordinance No. 1844, creating the South Bozeman Technology District. It was moved by Cr. Taylor, seconded by Cr. Andrus to provisionally adopt Ordinance No. 1844, creating the South Bozeman Technology District. 4:10:00 Commission discussion on the Motion The Commission discussed intent and the School District's role. 4:12:53 Vote on the Motion to provisionally adopt Ordinance No. 1844, creating the South Bozeman Technology District. Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Becker. Those voting No being none. The motion passed 4-0. 4:13:11 5. Appointment to the Building Division Board of Appeals (Brunckhorst) 4:13:23 Motion and Vote to appoint Chuck O'Brien to the Building Division Board of Appeals. It was moved by Cr. Andrus, seconded by Cr. Mehl to appoint Chuck O'Brien to the Building Division Board of Appeals. Those voting Aye being Crs. Andrus, Mehl, Taylor and Mayor Becker. Those voting No being none. The motion passed 4-0. 12 Minutes of the Bozeman City Commission, November 5, 2012 Page 9 of 9 4:14:06 6. Appointment to the Design Review Board (Brunckhorst) 4:14:23 Motion and Vote to appoint Melvin Howe as a non-professional representative to the Design Review Board. It was moved by Cr. Mehl, seconded by Cr. Taylor to appoint Melvin Howe as a non- professional representative to the Design Review Board. Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 4-0. 4:14:35 J. FYI/Discussion 4:14:42 1. City offices will be closed Tuesday, November 6th and Monday, November 12th. 4:15:00 2. Deputy Mayor Krauss via telephone 4:15:32 K. Adjournment The meeting was adjourned at 10:20 p.m. ____________________________________ Sean A. Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________ 13