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HomeMy WebLinkAboutMinutes August 12.pdf Page 1 of 9 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, August 12, 2013 A. 06:03:26 PM Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Deputy Mayor - Jeff Krauss: Present Mayor - Sean Becker: Absent Commissioner - Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Present Staff Present: City Manager Chris Kukulski, Assistant City Manager Chuck Winn, City Attorney Greg Sullivan, Community Development Planner Chris Saunders and City Clerk Stacy Ulmen. B. 06:03:39 PM Pledge of Allegiance and a Moment of Silence C. 06:04:26 PM Changes to the Agenda Deputy Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated no. D. 06:04:34 PM Authorize Absence of Mayor Becker 06:04:37 PM Motion and Vote to approve the absence of Mayor Becker. Commissioner - Cynthia Andrus: Motion Commissioner - Carson Taylor: 2nd Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Absent Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve E. 06:04:53 PM Consent 1.  Authorize Payment of Accounts Payable Claims (LaMeres) 2.  Approve Revised Inter-Neighborhood Council Bylaws (Brekke) 17 Minutes of the Bozeman City Commission Meeting, August 12, 2013 Page 2 of 9 3. Approve canceling the Regular City Commission meeting on Monday, August 19th, 2013 (Ulmen) 4.  Finally Adopt Ordinance 1859, Executing a document disclaiming all interest in and to real property described as a twenty-five foot by 150 foot strip of land on the westerly portion of property described as 323 South Wallace Avenue (Sullivan) 06:05:02 PM Public Comment on the Consent Agenda Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 06:05:19 PM Motion and Vote to approve Consent Items E. 1-4 as submitted. Commissioner - Carson Taylor: Motion Commissioner - Chris Mehl: 2nd Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Absent Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve F. 06:06:02 PM Public Comment 06:06:41 PM Jerry Pape, Public Comment Mr. Pape spoke regarding funding a splash pad. This represents a small percentage of people in Bozeman. 06:09:47 PM Brian Gallik, Public Comment Mr. Gallik spoke regarding an alley issue listed in consent item no. 4. He thanked the Commission for resolving this issue. 06:10:54 PM Steve Rodrick, Public Comment Mr. Rodrick spoke regarding aquatic facilities and the needs of the community in regards to this item. He feels good about things such as the proposed land swap that will be discussed later on the agenda. 06:16:16 PM Coach Shelly, Public Comment Coach Shelly from the Barracuda swim club spoke regarding assisting with finding a solution for an aquatic center and possible funding assistance. She spoke regarding hosting swim events. 06:19:32 PM Public Comment Closed Deputy Mayor Krauss closed public comment. G. 06:19:42 PM Action Items 18 Minutes of the Bozeman City Commission Meeting, August 12, 2013 Page 3 of 9 1. 06:19:56 PM  Conditional Use Permit with Certificate of Appropriateness with Deviations from Section 38.22.060 to service canopy height of 20% over the normal limit of 18 feet to allow automotive fuel sales and a convenience store on a single lot with shared accesses to Huffine Lane and Cottonwood Road at 5050 Cottonwood Road, Application Z-13132 (Quasi-Judicial) (Saunders) 06:20:40 PM Staff Presentation Chris Saunders, Community of Development gave the staff presentation regarding a Conditional Use Permit with Certificate of Appropriateness with Deviations from Section 38.22.060 to service canopy height of 20% over the normal limit of 18 feet to allow automotive fuel sales and a convenience store on a single lot with shared accesses to Huffine Lane and Cottonwood Road at 5050 Cottonwood Road, Application Z-13132. Mr. Saunders stated that staff would like to clean up conditions 18 and 19 by taking the last 2 sentences from condition 19 and moving them up to condition 18. This way the same subject is addressed in a single condition. 06:29:03 PM Questions for Staff Discussion took place regarding height. 06:32:17 PM Applicant Presentation Chris Budeski gave the Applicant presentation regarding a Conditional Use Permit with Certificate of Appropriateness with Deviations from Section 38.22.060 to service canopy height of 20% over the normal limit of 18 feet to allow automotive fuel sales and a convenience store on a single lot with shared accesses to Huffine Lane and Cottonwood Road at 5050 Cottonwood Road, Application Z-13132. 06:33:56 PM Questions for Applicant Discussion took place regarding the canopy. 06:34:45 PM Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 06:34:58 PM Motion that having reviewed the application materials, considered public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application Z-13132 and move to approve the conditional use permit and certificate of appropriateness with deviation application with conditions noting the switch in conditions 18 and 19 and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd 06:35:29 PM Discussion on the motion 19 Minutes of the Bozeman City Commission Meeting, August 12, 2013 Page 4 of 9 06:37:29 PM Vote on the Motion that having reviewed the application materials, considered public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application Z-13132 and move to approve the conditional use permit and certificate of appropriateness with deviation application with conditions noting the switch in conditions 18 and 19 and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Absent Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve 2. 06:37:51 PM  Land exchange between the Montana Department of Transportation and the City of Bozeman for the purposes of providing locations for the City’s new Police and Municipal Courts building and a new Aquatics Center (Winn) 06:38:27 PM Staff Presentation City Manager, Chris Kukulski began the Staff Presentation. Assistant City Manager Chuck Winn gave the Staff presentation regarding the Land exchange between the Montana Department of Transportation and the City of Bozeman for the purposes of providing locations for the City’s new Police and Municipal Courts building and a new Aquatics Center. Police Chief Ron Price spoke regarding the benefits of co-locating. 07:00:58 PM Questions for Staff The Commission and staff discussed the parking area, using the area only for Police and Court facilities, reclamation ponds, rehabilitation efforts, the preliminary environmental assessment that was recently conducted, MDT responsibility, samples of collaborations of pools and Police facilities being combined and the process related to the exchange. 07:23:41 PM Public Comment Deputy Mayor Krauss opened public comment. 07:23:58 PM Jerry Pape, Public Comment Mr. Pape spoke regarding not putting the two things together. 07:26:01 PM John Belshaw, Public Comment Mr. Belshaw spoke regarding the advantages of going forward with this plan. 07:27:27 PM Jeff Tursion, Public Comment Mr. Tursin spoke in favor of this proposal. 20 Minutes of the Bozeman City Commission Meeting, August 12, 2013 Page 5 of 9 07:30:04 PM Andrea Stevenson, Public Comment Ms. Stevenson the CEO of the YMCA urged the Commission to examine a partnership with YMCA at the Regional Park in an Aquatics center instead of the location on Rouse. 07:40:54 PM Joe Swanson, Public Comment Mr. Swanson representing the President of the Bozeman Police Protective Association spoke regarding their support of the proposal of the Police and Court facilities. 07:41:40 PM Lowell Springer, Public Comment Mr. Springer stated his concern of the area not allowing future expansion. 07:45:13 PM Ashley Ogle, Public Comment Ms. Ogle of Kenyon Knoble stated that she supports an aquatic center but have safety concerns with the proposed area. 07:47:52 PM Anthony Tangaro, Public Comment Mr. Tangaro of Empire Building Materials stated that his business is located near the site and spoke regarding safety concerns. 07:49:18 PM Tom Simkins, Public Comment Mr. Simkins of Simkins Hallins stated that his business is near the location and spoke regarding his concern of safety. He is good with the Police Station in that area. 07:50:26 PM Dan Alexander, Public Comment Mr. Alexander of Story Distributing spoke regarding his concern of safety in the proposed area. He stated that he does support re-development. 07:51:23 PM Allen McCaulin, Public Comment Mr. McCaulin of Kenyon Knoble spoke regarding deliveries and his concern of safety. 07:52:54 PM Cheryl Jergans, Public Comment Ms. Jergans supports collaboration with the YMCA. 07:54:22 PM John Solberg, Public Comment Mr. Solberg spoke regarding his concern of families unable to go to a place because they cannot afford to pay the fees. He would like to see a partnership approach to the aquatic center. 07:58:08 PM Brian Kenney, Public Comment Mr. Kenney stated that an idea of a partnership is good. 08:01:02 PM Public Comment closed Deputy Mayor Krauss closed public comment. 08:01:18 PM Questions for Staff 21 Minutes of the Bozeman City Commission Meeting, August 12, 2013 Page 6 of 9 The Commission and Staff discussed expansion, the life span of both projects, safety concerns related to Public comment, existing costs to get into the swimming pool, prior discussions between staff and the YMCA, the concern of a long time frame, bonding and location. 08:47:06 PM Motion that having reviewed the reports, considered public comment and staff analysis, I move to direct the City Manager to take the appropriate action necessary to complete a land exchange between the Montana Department of Transportation and City of Bozeman. Commissioner - Cynthia Andrus: Motion Commissioner - Carson Taylor: 2nd 08:47:38 PM Discussion on the Motion 08:57:02 PM Vote on the Motion that having reviewed the reports, considered public comment and staff analysis, I move to direct the City Manager to take the appropriate action necessary to complete a land exchange between the Montana Department of Transportation and City of Bozeman. Commissioner - Cynthia Andrus: Motion Commissioner - Carson Taylor: 2nd Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Absent Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve 08:57:46 PM Break 3. 09:13:15 PM Recommendations to Meet Current and Future Community Aquatic Needs (Overton) 09:13:33 PM Staff Presentation Mr. Kukulski gave the staff presentation regarding recommendations to Meet Current and Future Community Aquatic Needs. Recreation and Parks Director Mitch Overton gave the staff presentation regarding 09:22:29 PM Questions for Staff The Commission and staff discussed the location, what is needed for an aquatic center, current status of the Bogert pool, the slide at Bogert pool, diving boards, ADA compliance, repainting of the pool shell and the use of contingency funding. 09:53:49 PM Public Comment Deputy Mayor Krauss opened public comment. 09:53:55 PM Meeting suspended to 10:30 p.m. 22 Minutes of the Bozeman City Commission Meeting, August 12, 2013 Page 7 of 9 09:54:08 PM Salal Hubert McGee, Public Comment Ms. McGee stated that she runs a non-profit and they are interested in maintain a pool at Bogert Park. 09:57:49 PM Andrea Stevenson, Public Comment Ms. Stevenson urged the Commission to partner with the YMCA on building a new facility. 09:58:59 PM Philip Luebke, Public Comment Mr. Luebke spoke regarding his concern of timing and urged the Commission to not let the pool slip. 10:00:36 PM Susie Turism, Public Comment Ms. Turism of Lone Mountain Gymnastics asked if the growth has been in the decision and is there an industry standard that has been considered. 10:02:05 PM Dan Hinsworth, Public Comment Mr. Hinsworth encouraged partnerships. 10:03:01 PM Public Comment Closed Deputy Mayor Krauss closed public comment. 10:03:15 PM Motion that having reviewed staff recommendations and considered public comment I move to increase the maintenance budget for Bogert Swimming Pool by $100,000 for fiscal year 2014. Commissioner - Carson Taylor: Motion Commissioner - Chris Mehl: 2nd 10:03:37 PM Discussion on the Motion 10:14:53 PM Amendment to the Main Motion to increase the maintenance budget for Bogert Swimming Pool by $175, 000 for fiscal year 2014. Commissioner – Cynthia Andrus: Motion Motion failed due to a lack of a second. 10:15:11 PM Continued discussion on the Motion 10:25:32 PM Vote on the Motion that having reviewed staff recommendations and considered public comment I move to increase the maintenance budget for Bogert Swimming Pool by $100,000 for fiscal year 2014. Commissioner - Carson Taylor: Motion Commissioner - Chris Mehl: 2nd Deputy Mayor - Jeff Krauss: Disapprove Mayor - Sean Becker: Absent 23 Minutes of the Bozeman City Commission Meeting, August 12, 2013 Page 8 of 9 Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve 10:25:46 PM Motion that having reviewed staff recommendations and considered public comment to Proceed with the design and build of a splash pad amenity at the Bozeman Ponds and allocate $225,000 from the fiscal year 2014 budget. Commissioner - Carson Taylor: Motion Commissioner - Chris Mehl: 2nd 10:26:10 PM Discussion on the motion 10:35:20 PM Vote on the Motion that having reviewed staff recommendations and considered public comment to Proceed with the design and build of a splash pad amenity at the Bozeman Ponds and allocate $225,000 from the fiscal year 2014 budget. Commissioner - Carson Taylor: Motion Commissioner - Chris Mehl: 2nd Deputy Mayor - Jeff Krauss: Disapprove Mayor - Sean Becker: Absent Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Disapprove 10:37:07 PM The remainder of this Agenda item will be placed on a future agenda. There was an interest by some Commission members to explore partnerships. 4. 10:39:48 PM  (Re)Appointments to the Bozeman Historic Preservation Advisory Board (Brunckhorst) Motion and Vote to reappoint Steven Keuch and appoint Amy Green and Adam Fruh to the Bozeman Historic Preservation Advisory Board. Commissioner - Cynthia Andrus: Motion Commissioner - Carson Taylor: 2nd Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve H. 10:40:15 PM FYI/Discussion 1. Gallatin College Mill Levy Discussion at County meeting tomorrow 2. No meeting next week 24 Minutes of the Bozeman City Commission Meeting, August 12, 2013 Page 9 of 9 I. 10:41:04 PM Adjournment Deputy Mayor Krauss adjourned the meeting at 10:41 p.m. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen CMC, City Clerk Approved on __________________________ City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, James Goehrung, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 20 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 20 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. 25