HomeMy WebLinkAbout11-18-13 Minutes.pdf
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, November 18, 2013 Deputy Mayor - Jeff Krauss: Present
Mayor - Sean Becker: Present
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 and City Clerk Stacy Ulmen.
A. 06:03:48 PM Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Becker called the meeting to order at 6:03 p.m.
B. 06:03:56 PM Pledge of Allegiance and a Moment of Silence C. 06:04:32 PM Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to
the agenda. Mr. Kukulski stated no.
D. 06:04:37 PM Public Service Announcement – City Hall Office Closures and City Commission meeting schedule for the remainder of November, 2013
(Ulmen)
City Clerk Stacy Ulmen gave the PSA for the upcoming City Hall office closures.
E. 06:06:18 PM Minutes – November 4, 2013
06:06:15 PM Motion and Vote to approve the minutes of November 4, 2013 as submitted. Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
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Bozeman City Commission Minutes, November 18, 2013
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Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve F. 06:06:32 PM Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize Mayor to sign the Findings of Fact and Order for the Homes at
Bridger Peaks Estates Major Subdivision Preliminary Plat located at the northeast corner of West Babcock Street and Meagher Avenue,
Application P13026 (Riley)
3. Approve an Extension to the Emerson Center for the Arts & Culture
Performance Standard Deadline for Save America’s Treasures Grant to
May 19, 2014 (Kramer)
4. Approve Ratification of the South Bozeman Technology District Board
Bylaws (Fontenot) 5. Approve Resolution 4493, Authorizing Change Order 1 for the North
Seventh Avenue Lighting Improvements (Johnson)
6. Adopt the Building Inspection Capital Improvement Plan for Fiscal Years
2015 - 2019 (Rosenberry) 7. Provisionally Adopt Ordinance 1877 amending Article 38.11, Urban
Mixed Use Zoning District in accordance with the decision of the City
Commission on October 28, 2013, Application Z-13164 (Saunders) 8. Finally Adopt Ordinance 1876, a Zone Map Amendment for 81 acres
located south of Baxter Lane and east of Flanders Mill Road; with 65.5783
acres as R-3 (Medium Density Residential District), 10.4883 acres as R-4
(Residential High Density District), and 4.9598 acres as PLI (Public Lands
and Institutions), Application Z13203 (Saunders)
06:06:36 PM Public Comment
Mayor Becker opened public comment.
No person commented. Mayor Becker closed public comment.
06:06:47 PM Motion and Vote to approve Consent Items F. 1-8 as submitted.
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 G. 06:07:04 PM Public Comment
Mayor Becker opened public comment.
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06:07:35 PM Ashley Ogle, Public Comment
Ms. Ogle stated that she is representing Kenyon Noble. They are in support of a police
and court facility at the existing MDOT property on Rouse Avenue, but not an aquatics
center.
06:08:52 PM Leroy Gaub, Public Comment
Mr. Gaub spoke regarding the land swap and the possible impact on Nelson Road if
development occurs by the Montana Department of Transportation. Later in the meeting
Mr. Gaub was made aware of the process that would occur. 06:11:32 PM Jim Maunger, Public Comment
Mr. Maunger stated that his firm was hired in the past to do a master plan for the
fairgrounds. He spoke regarding the MDOT area and the possibility of a reversion
clause.
06:14:11 PM Public Comment closed
Mayor Becker closed public comment.
H. 06:14:26 PM Mayoral Proclamation – Small Business Saturday, November 30th
Mayor Becker read the Small Business Saturday proclamation and deemed Saturday,
November 30th as Small Business Saturday.
I. Action Items
1. 06:15:38 PM Provisional adoption of Ordinance 1874, a text amendment
to define “Manufacturing, artisan” and assign the newly defined use to
various zoning districts and establish Manufacturing, light as a conditional use in the B-3 district, Applicable in all areas designated as B-1, B-2, B-3,
M-1, M-2, BP, HMU, UMU and REMU, Application Z-13220 (Saunders)
06:16:19 PM Staff Presentation
Mr. Saunders gave the staff presentation for the Provisional adoption of Ordinance 1874,
a text amendment to define “Manufacturing, artisan” and assign the newly defined use to
various zoning districts and establish Manufacturing, light as a conditional use in the B-3
district, Applicable in all areas designated as B-1, B-2, B-3, M-1, M-2, BP, HMU, UMU and REMU, Application Z-13220.
06:25:18 PM Commission Questions for Staff
The Commission and Staff discussed the location of footnote 3, the staff supplement
document highlighting an additional footnote (8), high volume pedestrian functions in other areas, what is defined as high volume, downtown areas, unintended consequences,
and light manufacturing in the B-3 zoning areas.
06:41:02 PM Public Comment
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Mayor Becker opened public comment.
06:41:17 PM Chris Naumann, Public Comment
Mr. Naumann spoke on behalf of the Downtown Business Partnership. He spoke regarding the Board’s support of certain components of this proposal. They support artisan manufacturing as proposed and in the B-3 district with an exception to require a
retail component of facing Main Street.
06:46:25 PM Public Comment closed. Mayor Becker closed public comment.
06:47:12 PM Motion and Vote that having reviewed the text of the ordinance, the
application materials, and considered public comment, I hereby adopt the findings
presented in the staff report for application Z-13220 and move to provisionally adopt Ordinance 1874.
Commissioner - Carson Taylor: Motion
Deputy Mayor - Jeff Krauss: 2nd
06:47:50 PM Commission Discussion on the Motion
Discussion took place regarding Staff’s proposal of adding footnote 8.
06:48:08 PM Amendment to the Main Motion to incorporate Footnote 8, for uses in
the downtown core as described in 38.10.010. A.3.a and located on the ground floor adjoining Main Street, a high volume, pedestrian-oriented use adjoining the building’s entrance on Main Street is required.
Deputy Mayor - Jeff Krauss: Motion
Commissioner - Cynthia Andrus: 2nd 06:48:27 PM Commission Discussion on the Amendment to the Main Motion
07:00:13 PM Vote on the Amendment to the Main Motion to incorporate Footnote 8,
for uses in the downtown core as described in 38.10.010. A.3.a and located on the ground floor adjoining Main Street, a high volume, pedestrian-oriented use adjoining the building’s entrance on Main Street is required.
Deputy Mayor - Jeff Krauss: Motion
Commissioner - Cynthia Andrus: 2nd Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve 07:00:29 PM Commission Discussion on the Main Motion as Amended
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07:05:20 PM Vote on the Main Motion as amended that having reviewed the text of the
ordinance, the application materials, and considered public comment, I hereby adopt
the findings presented in the staff report for application Z-13220 and move to
provisionally adopt Ordinance 1874.
Commissioner - Carson Taylor: Motion
Deputy Mayor - Jeff Krauss: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve 2. 07:05:39 PM Public Hearing on a Petition by the Montana Department of Transportation for Discontinuance of Several Streets and Alleys in and
Adjacent to Blocks 14, 15, and 28, Imes Addition and Adoption of
Resolution 4489 – a Resolution of Intent to Discontinue Said Streets and
Alleys (Kerr)
07:06:12 PM Staff Presentation
City Engineering representative Andy Kerr gave the staff presentation regarding the
Public Hearing on a Petition by the Montana Department of Transportation for Discontinuance of Several Streets and Alleys in and Adjacent to Blocks 14, 15, and 28,
Imes Addition and Adoption of Resolution 4489 – a Resolution of Intent to Discontinue
Said Streets and Alleys.
07:09:27 PM Commission questions for Staff The Commission and staff discussed the title report, lot lines, value of the property, the
reversion clause and the MDT right of way.
07:23:20 PM Kim Janzon, MDT Representative
Mr. Janzon spoke regarding the misunderstanding in the past that it was assumed that the property was already vacated.
07:24:18 PM Public Comment
Mayor Becker opened public comment.
No person commented. Mayor Becker closed public comment.
07:24:38 PM Motion that having conducted a public hearing and considered public
comment, I move to adopt the findings provided in the staff memorandum and approve
the petition by the Montana Department of Transportation to discontinue the streets
and alleys in and adjacent to Blocks 14, 15, and 28 of the Imes Addition as shown on
Exhibit A of Resolution 4489 and to also adopt Resolution 4489, a Resolution of Intent
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to discontinue the street and alley right-of-ways as petitioned by the MDT.
Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd 07:25:24 PM Commission Discussion on the Motion
07:36:03 PM Vote on the Motion that having conducted a public hearing and
considered public comment, I move to adopt the findings provided in the staff memorandum and approve the petition by the Montana Department of Transportation to discontinue the streets and alleys in and adjacent to Blocks 14, 15, and 28 of the Imes Addition as shown on Exhibit A of Resolution 4489 and to also adopt Resolution
4489, a Resolution of Intent to discontinue the street and alley right-of-ways as
petitioned by the MDT. Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Jeff Krauss: Disapprove
Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve 07:36:33 PM Break Mayor Becker declared a break.
07:49:09 PM Meeting called back to order
Mayor Becker called the meeting back to order.
3. 07:49:12 PM Public hearing to determine whether up to 12 acres owned
by the City at the Water Reclamation Facility at the northeast corner of
Nelson and Frontage roads is necessary for the conduct of City business or
that the public interest may be furthered by the exchange of the property with the Montana Department of Transportation for approximately 8.2 acres at 907 Rouse Avenue (2/3 vote of Commission required) (Winn)
07:49:50 PM Staff Presentation
Assistant City Manager Chuck Winn gave the staff presentation regarding the Public
hearing to determine whether up to 12 acres owned by the City at the Water Reclamation
Facility at the northeast corner of Nelson and Frontage roads is necessary for the conduct of City business or that the public interest may be furthered by the exchange of the property with the Montana Department of Transportation for approximately 8.2 acres at
907 Rouse Avenue.
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07:59:50 PM Commission Questions for Staff
The Commission and the Staff discussed the IP beds, how effluent is now discharged, the
process for land development, the property being located in the City limits, Nelson Road,
reversion of the property questions and the need for the property.
08:14:40 PM Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment
08:18:26 PM Motion and Vote that having considered the information presented by
staff, I hereby move to adopt the findings in the staff report and conclude that up to 12
acres of City-owned property at the Water Reclamation Facility is no longer necessary for the conduct of City business or the preservation of City property and also that the public interest will be furthered by an exchange of the property for approximately 8.2 acres owned by the State of Montana on Rouse Avenue between Oak and Tamarack
streets and direct the City Manager to complete all steps necessary to complete the
exchange for the purpose of locating a new police and courts facility and return to the Commission with an ordinance authorizing the exchange.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
08:19:51 PM Commission discussion on the Motion.
The Commission discussed the benefit of the land swap and the need of the property.
08:30:08 PM Vote on the Motion that having considered the information presented by
staff, I hereby move to adopt the findings in the staff report and conclude that up to 12 acres of City-owned property at the Water Reclamation Facility is no longer necessary for the conduct of City business or the preservation of City property and also that the public interest will be furthered by an exchange of the property for approximately 8.2
acres owned by the State of Montana on Rouse Avenue between Oak and Tamarack
streets and direct the City Manager to complete all steps necessary to complete the exchange for the purpose of locating a new police and courts facility and return to the Commission with an ordinance authorizing the exchange.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
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4. 08:30:25 PM Consideration of Commission Compensation Changes
(Kukulski)
08:31:21 PM Mayor Becker Mayor Becker stated that he has added this item to the agenda for consideration. The
timing, if a change is implemented will be 2 years from now. He spoke regarding cost of
living. He asked the Commission to consider looking at the basic formula of housing.
Bozeman is unique because of the amount of advisory boards and amount of meetings the City Commission takes part in.
08:40:57 PM Commission discussion
The Commission discussed this being a service and not a job, possible Study Commission
review, incremental changes and cost of living adjustments considerations. 09:04:52 PM Motion to direct staff to prepare an Ordinance with Commission
Compensation Changes for consideration of provisional adoption on the December
2nd Commission agenda with an increment increase of $300 for the monthly Commissioner wage (Mayor wage automatically triggered) and a friendly amendment to include COLA/Social Security.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
09:08:50 PM Vote on the Motion to direct staff to prepare an Ordinance with
Commission Compensation Changes for consideration of provisional adoption on the
December 2nd Commission agenda with an increment increase of $300 for the
monthly Commissioner wage (Mayor wage automatically triggered) and a friendly amendment to include Cost of living Adjustment (COLA)/Social Security. (The clarification of Section 3 will be included in the Ordinance as well).
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
Deputy Mayor - Jeff Krauss: Disapprove Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
5. 09:10:26 PM Appointment to the Audit Committee (Brunckhorst)
09:10:26 PM Motion and Vote to appoint Dan Tracey to the Audit Committee.
Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Jeff Krauss: Approve
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Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve 6. 09:10:41 PM FYI/Discussion
7. 09:10:48 PM Adjournment
Mayor Becker adjourned the meeting at 9:10 p.m.
______________________________
Sean A. Becker, Mayor
ATTEST:
______________________________________ Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________
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