HomeMy WebLinkAbout11-05-12 Minutes, City Commission 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.
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Minutes uy the oozemn City Commission,November 5,201a
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve the absence of
Commissioner Krauss.
Those voting A
ae 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 I st, 2012
0:04:25 Motion and Vote to approve the Minutes from September 17th, September 24th
and October Imt, 2013.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve the Minutes from September
17th, September 24th and October Ist,2012.
Those voting Ave 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 (LaK4ereo)
I. Authorize City Manager to sign Notice of Award to Lutey Construction for renovation of
the Water Department Building at65195oxson Way,inthe 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 (Tberpe)
5. Approve Cancelling the City Commission meeting the week of November 12, 2012
(U|men)
G. Approve Depository Bonds and Pledged Securities as of September 30, 2012 (Clark)
7. Approve Resolution 441G, authorizing Change Order 1O for the Bozeman Water
Reclamation Facility, Phase | 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(Soundeo)
10, Finally Adopt Ordinance No. 1845, establishing initial zoning in conjunction with
annexation ofS681 Good KHedJolneVVuy,Z-l2O88 (Saunders)
11. Provisionally Adopt Ordinance No. 1846, Zone Map Amendment to Central Business
District(8-3) for Application Z-12122, on2.8 acres on South Wallace (Ki|ey)
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Minutes of the Bozeman City Commission,November 5,2012
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. Tailor, seconded hy Cr. Andrus to approve Consent Items G. 1-11 as
submitted.
Those voting A Andrus, Mehl and
Ae being Crs. Taylor, _Mayor Becker.
Those votinm 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.
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Minutes of the Bozeman City Commission,November 5,2012
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 herebl adopt the
findings presented in the staff report and in Zoning Commission Resolution Z-12219 for
al!plication 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 Ave being Crs. Andrus, Mehl, Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:23:112. 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.
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Minutes of the Bozeman City Commission,November 5,2012
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 Salat 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. Ile spoke regarding
the lack of noticing. Ile 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
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Minutes of the Bozeman City Commission,November 5,2012
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 251 x 1501 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 votipZ Aye being Crs. MchlTay for,Andrus and Ma e
yor 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
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Minutes of the Bozeman City Commission,November 5,2'012
research parrs are set up, the set up of other districts and profit and nonprofit businesses in
relation to property taxes.
3:35: 1 Public Comment
Mayo-Becker opened public comment.
3.36:08 Gary Lusin Public Comment
Mr. Lusin stated that he is the Chair of the Bozeman School. Board. Ile 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 bj Cr. Andrus to approve Resolution No. 4414
adopting the South Bozeman Technology District Comprehensive Flan.
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 bein Crs. Taylor Andrus Mehl and Mayor Becher.
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.
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Minutes of the Bozeman City Commission,November 5,2012
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 votine Ave being Crs. Taylor, Andrus, Mehl and Ma or Becker.
Those votine No being none.
The motion passed 4-0.
4:13:115. 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 b j Cr. Mehl to appoint Chuck O'Brien to the
Building Division Board of Appeals.
Those voting Aye being Crs. Andrus, Mehl, Talor and Mayor Becker.
Those voting No bein_g none.
The motion passed 4-0.
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Minutes of the Bozeman City Commission,November 5,2012
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. Ta ylor to appoint Melvin Howe as a non-
professional representative to the Design Review Board.
Those voting Ale being Crs. Mehl, Taylor, Andrus and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
4.14.35 .1. 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.
4, e?
Sean A. Becker, Mayor
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