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HomeMy WebLinkAbout02-25-13 MinutesPage 1 of 9 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 25, 2013 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, February 25, 2013. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Carson Taylor, Commissioner Chris Mehl, City Manager Chris Kukulski, City Attorney Greg Sullivan, and City Clerk Stacy Ulmen. *An audio copy is not available due to technical difficulties. Please refer to the video capture. A. Call to Order – 5:00 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Becker called the meeting to order at 5 p.m. B. Further Develop the 2013-14 City Commission Work Plan (Kukulski) City Manager Chris Kukulski began the presentation regarding the Further Development of the 2013-14 City Commission Work Plan. A final copy of this document is attached to the minutes. C. Call to Order Regular Session - 6:00 p.m. Mayor Becker called the Regular Commission Meeting to order at 6 p.m. D. Pledge of Allegiance and a Moment of Silence E. Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated no. F. Public Service Announcement – Open House Meet and Greet with Community Development Director Candidates scheduled for Tuesday, February 26th in the City Commission room (Kukulski) Mr. Kukulski gave the PSA for the Open House Meet and Greet with the Community Development Director Candidates. 20 Minutes of the Bozeman City Commission, February 25, 2013 Page 2 of 9 G. Minutes – January 7, 2013 and January 28, 2013 Motion and Vote to approve the minutes from January 7th and January 28th, 2013 minutes as submitted. It was moved by Cr. Andrus, seconded by Cr. Taylor to approve the minutes from January 7 th and January 28 th , 2013 as submitted. Those voting Aye being Crs. Andrus, Taylor, Mehl, Deputy Mayor Krauss and Mayor Sean Becker. Those voting No being none. The motion passed 5-0. H. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize City Manager to sign Sub-Recipient Agreement with Gallatin County for Missouri River Drug Task Force (Ron Price) 3. Authorize City Manager to sign a Memorandum of Understanding with Montana State University for Water System Sampling (Woolard) 4. Authorize City Manager to sign Amendment 3 to the Professional Services Agreement with HDR Engineering for the 2007 Water Reclamation Facility Upgrade, Phase I Expansion Project (Murray) 5. Authorize Mayor to sign a Certified Local Government Grant Application to the Montana State Historic Preservation Office (Kramer) 6. Approve Canyon House Concept LLC to sell beer and wine at 5 Tai Lane (Neibauer) 7. Approve Growth Opportunities, LLC to sell beer and wine at 1871 Baxter Lane (Neibauer) 8. Provisionally adopt Ordinance No. 1860, private access easement and agreement granting NorthWestern Energy legal access across the City Lower Yards property (Heaston) 9. Finally Adopt Ordinance No. 1853, amending Chapter 2, Article 6, Division 9, Impact Fees to establish a definition, address deferral of payments, modify timing of documentation updates, and other revisions for clarity (Saunders) 10. Finally Adopt Ordinance No. 1854, establishing a zoning designation of R-4 on the 6.66 acre Christenot tract at 5200 Durston Road, Application Z-11170 (Riley) 11. Finally Adopt Ordinance No. 1855, establishing a zoning designation of R-3 on the 2.0 acre Leep tract, south of Durston Road and East of Valley Drive, Application Z-12044 (Riley) 12. Finally Adopt Ordinance No. 1858, authorizing a 5-year ground lease with Robert Marx for property at the Sunset Hills Cemetery for the purpose of farming (Woolard) 21 Minutes of the Bozeman City Commission, February 25, 2013 Page 3 of 9 Public Comment on Consent Agenda Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. Motion and Vote to approve consent items H. 1-12 as submitted. It was moved by Cr. Taylor, seconded by Cr. Mehl to approve consent items H. 1-12 as submitted. Those voting Aye being Crs. Taylor, Mehl, Deputy Mayor Krauss, Cr. Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. I. Public Comment Mayor Becker opened general public comment. No person commented. Mayor Becker closed public comment. J. Action Items 1. Pine Meadows Zone Map Amendment Request at 310 Valley Drive, Application Z-12298 (Continued from February 4, 2013) (Riley) Planner Doug Riley gave the staff presentation regarding the Pine Meadows Zone Map Amendment Request at 310 Valley Drive, Application Z-12298. Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. Motion and Vote to withdraw the motion and the amendment to the motion on the floor from February 4, 2013. It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to withdraw the motion and the amendment to the motion on the floor from February 4, 2013. 22 Minutes of the Bozeman City Commission, February 25, 2013 Page 4 of 9 Those voting Aye being Cr. Mehl, Deputy Mayor Krauss, Crs. Andrus, Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. Motion that based upon the criteria for zoning in Chapter 38, Article 37, of the BMC, and Section 76-2-304 of the MCA, and after consideration of public comment and the Zoning Commission recommendation and having received no protest from the property owner to R-1 zoning, I adopt the staff findings included in the February 4 th staff report and the alternative findings regarding neighborhood compatibility provided in the February 25 th report, and move to apply R-1 (Residential Single-Household Low Density) to the entire 4.02 acres and include the four contingencies listed on page two of the February 4th staff report It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss that based upon the criteria for zoning in Chapter 38, Article 37, of the BMC, and Section 76-2-304 of the MCA, and after consideration of public comment and the Zoning Commission recommendation and having received no protest from the property owner to R-1 zoning, I adopt the staff findings included in the February 4 th staff report and the alternative findings regarding neighborhood compatibility provided in the February 25 th report, and move to apply R-1 (Residential Single-Household Low Density) to the entire 4.02 acres and include the four contingencies listed on page two of the February 4th staff report. Commission Discussion The Commission discussed the importance of the findings, the contingencies, the applicant’s acknowledgement of not protesting the zoning and the difference of city and county densities. Vote on the Motion that based upon the criteria for zoning in Chapter 38, Article 37, of the BMC, and Section 76-2-304 of the MCA, and after consideration of public comment and the Zoning Commission recommendation and having received no protest from the property owner to R-1 zoning, I adopt the staff findings included in the February 4 th staff report and the alternative findings regarding neighborhood compatibility provided in the February 25 th report, and move to apply R-1 (Residential Single-Household Low Density) to the entire 4.02 acres and include the four contingencies listed on page two of the February 4th staff report Those voting Aye being Cr. Mehl, Deputy Mayor Krauss, Crs. Andrus, Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 23 Minutes of the Bozeman City Commission, February 25, 2013 Page 5 of 9 2. South Towne Square Serendipity Medical Clinic Conditional Use Permit, 280 West Kagy Boulevard, Application Z-13002 (Quasi-Judicial) (Krueger) Planner Brian Krueger gave the staff presentation regarding the South Towne Square Serendipity Medical Clinic Conditional Use Permit, 280 West Kagy Boulevard, Application Z-13002 Commission Questions for Staff The Commission and staff discussed the left hand turn on South Third and the delineators, parking in the area and the use of the space in the building. Applicant Presentation Doctors Sara Hill and Sara Kirkpatrick gave the Applicant presentation for the South Towne Square Serendipity Medical Clinic Conditional Use Permit, 280 West Kagy Boulevard, Application Z-13002. Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. Motion that having reviewed application materials, considered public comment, and all the information presented, I hereby adopt the findings in the staff report for application Z- 13002 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. It was moved by Deputy Mayor Krauss, seconded by Cr. Andrus that having reviewed application materials, considered public comment, and all the information presented, I hereby adopt the findings in the staff report for application Z-13002 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Commission Discussion on the Motion The Commission discussed the addition of the business to the area, the use of the space and the parking problem. Vote on the Motion that having reviewed application materials, considered public comment, and all the information presented, I hereby adopt the findings in the staff report for application Z-13002 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Those voting Aye being Deputy Mayor Krauss, Crs. Andrus, Taylor, Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 24 Minutes of the Bozeman City Commission, February 25, 2013 Page 6 of 9 3. Presentation(s) from community service providers interested in applying for a Community Development Block Grant from the Montana Department of Commerce through the City of Bozeman (Stocks) Grants Administrator Ken Stocks began the staff presentation for the community service providers interested in applying for a Community Development Block Grant from the Montana Department of Commerce through the City of Bozeman. HAVEN Applicant Presentation Haven is requesting the City to sponsor the Community Development Block Grant so that they can build a new shelter. They spoke regarding the use and need at the current shelter. They want to design a facility that meets the needs of our community. Commission discussion The Commission and Applicant discussed the 25% match, confidentiality, the location and creation of a non-confidential model, a possible site location, attributions to increased need, public awareness and outreach to rural areas, incurring debt and operation of maintenance and sustainability. 4. Provisional Adoption of Ordinance No. 1857, Establishing the Trails, Open Space and Parks Committee (Overton) Parks Director Mitch Overton gave the staff presentation regarding the Provisional Adoption of Ordinance No. 1857, Establishing the Trails, Open Space and Parks Committee. Commission questions for Staff The Commission and staff spoke regarding a possible Parks and Recreation representative sitting on the board. Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. Motion to provisionally adopt Ordinance 1857, establishing the Trails, Open Space and Parks Committee. It was moved by Cr. Andrus, seconded by Cr. Taylor to provisionally adopt Ordinance 1857, establishing the Trails, Open Space and Parks Committee. Commission discussion on the Motion The Commission discussed the need for this board, moving forward, the encouragement of community participation and member makeup on the board. 25 Minutes of the Bozeman City Commission, February 25, 2013 Page 7 of 9 Vote on the Motion to provisionally adopt Ordinance 1857, establishing the Trails, Open Space and Parks Committee. Those voting Aye being Crs. Andrus, Taylor, Mehl, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The Motion passed 5-0. 5. Re-appointments to the North Seventh Urban Renewal Board (Brunckhorst) Motion and Vote to confirm the Mayoral re-appointment of Andrew Cetraro as a voting member to the North Seventh Urban Renewal Board and re-appoint Kevin Cook as a non- voting member to the North Seventh Urban Renewal Board. It was moved by Cr. Taylor and seconded by Cr. Mehl to confirm the Mayoral re- appointment of Andrew Cetraro as a voting member to the North Seventh Urban Renewal Board and re-appoint Kevin Cook as a non-voting member to the North Seventh Urban Renewal Board. Those voting Aye being Crs. Taylor, Mehl, Deputy Mayor Krauss, Cr. Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 6. Appointment to the Planning Board (Brunckhorst) Motion and Vote to confirm the Mayoral appointment of Carl Tange to the Planning Board. It was moved by Deputy Mayor Krauss, seconded by Cr. Andrus to confirm the Mayoral appointment of Carl Tange to the Planning Board. Those voting Aye being Deputy Mayor Krauss, Crs. Andrus, Taylor, Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 7. 2013 Legislative Session Update / Commission may give direction to Staff on pending legislation (Kukulski) Mr. Sullivan highlighted the following items: 26 Minutes of the Bozeman City Commission, February 25, 2013 Page 8 of 9 HB197-Violation of social host ordinances. SB 284-Montana Property Fairness Act HB358-Concealled Weapons SB306-Definition changes of partner SB121-Amends the law in regards to contracts. SB77-Increases the threshold for Bids SB171-Direct draw on public works contracts SB17-Amendment to the Constitution HB156-Accesssory dwelling units HB37 and HB106-Water right bills HB435-Coal trains Economic Development Director Brit Fontenot spoke regarding the bills on Tax Increment Financing. 8. Further Develop and Possibly Adopt the 2013-14 City Commission Work Plan (Kukulski) City Manager Chris Kukulski went over the changes that were made since the discussion earlier in the evening. No Public comment received. Motion and Vote to adopt the 2013-14 City Commission Work Plan as amended. It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to adopt the 2013-14 City Commission Work Plan as amended. Those voting Aye being Cr. Mehl, Deputy Mayor Krauss, Crs. Andrus, Taylor, Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. K. FYI/Discussion 1. Discuss Canceling the City Commission meeting on March 11, 2013 (Ulmen) This meeting will be cancelled unless it is needed. 2. Story Mill Spur lease has been extended for the hiking trail along Wallace to the Mill building. 3. Changes to the Ethics Ordinance K. Adjournment 27 Minutes of the Bozeman City Commission, February 25, 2013 Page 9 of 9 ____________________________________ Sean A. Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________ 28