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HomeMy WebLinkAbout11-18-2013 Minutes, City Commission so ;e 61zx C THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, November 18, 2013 Deputy Mayor - Jeff Krauss: Present Mayor- Sean Becker; Present Commissioner- Carson Taylor: 1�resqnt 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. 06:013:56 PM Pledge of Allegiance and a Moment of Silence C. 06:04:32 P'M 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, 2.013 (Ulmen) City Clerk Stacy Ulmen gave the PSA for the upcoming City Hall office closures. E. 06:�06:18 PM.Minutes —November 4, 2013 '1-4z 06:06:15 PM Motion and Vote to approve the minutes of Hove 4, 2013 as submitted Commissioner, - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd duty Mayor - Jeff Krauss--A rove Mayor - Sean Becker: AppKove Page 1 of 9 Bozeman City Commission Minutes,November 18, 2013 Commissioner - Carson Tulor: Approve Commissioner- Chris Mehl: AppEQLve Commissioner - Cynthia Andrus: Approve F. 06:06:32 PM Consent I Authorize Payment of Accounts Payable Claims (LaMeres) <P 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 comer of West Babcock Street and Meagher Avenue, Application P 13 026 (Riley) <D 3. Approve an Extension to the Emerson Center for the Arts & Culture Performance Standard Deadline for Save America's Treasures Grant to t May 19, 2014 (Kramer) - -<z 4. Approve Ratification of the South Bozeman Technology District Board Bylaws (Fontenot) 7 5. Approve Resolution 4493, Authorizing Change Order I for the North " L, �D Seventh Avenue Lighting Improvements (Johnson) ,I-4z 6. Adopt the Building Inspection Capital Improvement Plan for Fiscal Years 2015 - 2019 (Rosenberry) 9--4 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 713164 (Saunders)",'-4= 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 ZI 3203 (Saunders) 4 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 E 1-8 as submitted. Commissioner - Cynthia Andrus: Motion Commissioner- Carson Talor:.2nd Dei)uty Mayor- Jeff Krauss: Approve Mayor- Sean Becker- Approve Commissioner- Carson Taylor: Amorove Commissioner - Chris Mehl: Appi :eye Commissioner- Cynthia Andrus.- Approve Page 2 of 9 Bozeman City Commission Minutes,November 18, 2013 G. 06:07:04 PM Public Comment Mayor Becker opened public comment, 06:07:35 PM Ashley 00e, 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 AGccub, 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 Maywr, 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 Ill"4Z Mayor Becker read the Small Business Saturday proclamation and deemed Saturday, November 30`x, as Small Business Saturday. 1. 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 Page 3 of 9 Bozeman City Commission Minutes, November 18, 2013 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 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: 0.13 PM Vote on theAmendment 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 l(gauss: Approve Mayor - Scan Becker: Anwove Commissioner - Carson Taylor: Approve Page 4 of 9 Bozeman City Commission Minutes, November 18, 2013 Commissioner - Chris Mehl: AppMve Commissioner - Cynthia Andrus.��A=ove 07:00-29 PM. Commission Discussion on the Main Motion as Amended 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 Tavlor: Motion Deputy Mayor - Jeff Krauss: 2nd Dcpg.ty Mayor- Jeff Krauss: Approve Mayor - Sean Becker. Applove Commissioner- Cqrso�nTa Taylor A�rovg Commissioner- Chris Mehl: A- pprove Commissioner- Cynthia Andiajs.�Arooyq 2. (17:05-39 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) 07:066 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 P'M Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment, Page 5 of 9 Bozeman City Commission Minutes,November 18, 2013 072438 PM Motion that having conducted apublic 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 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 MD T. Deputy Mayor- Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd DG.q�Ma y®r- Js 1f D�isq) roc: Mayor - Sean Becker: Approve Commissioner- Carson jaylgL. Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: AD 2rove 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 comer 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 q '( ointrussion required) (Winn) 07:49:50 PM Staff Presentation Page 6 of 9 Bozeman City Commission Minutes,November 18, 2013 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 comer 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. 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. 08:14A0 PM Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment 0&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 tile 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 pffr pose of locating a new police and courts iarcili and return to the Commission with an ordinance authorizing the exchange. Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd 118:19:51 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 tile exchange for the purpose of locating a new police and courts facilitv and return to the Commission with an ordinance authorizing the exchange. Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd Page 7 of 9 Bozeman City Commission Minutes, November 18, 2013 12MujyMqhQL- Jeff Krauss: ApIlLgve poi- Sean Becker:ApprovL, Commissioner- Carson Tavlor: Approve Commissioner- Chris Mehl: Approve, Commissioner- QynLlfia Andrus: A pp Tove — 4. 09:30:25 PM Consideration of Commission Compensation Changes (Kukulski) "� 4= 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 ajob, 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 afriendly amendment to include COLAISocial Security. Commissioner- Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd 09:0 :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 aftiendly amendment to include Cost of living Adjustment(COLA)lSocial Security. (Tile clarification of Section 3 will be included in the Ordinance as well). Commissioner - Chris Mehl-, Motion Commissioner- Cynthia Andrus: 2nd DeD9ty,,Mayor - Jeff Krauss: Disa pprove Mayor- Sean BeckqL. Approve Commissioner- Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Page 8 of 9 Bozeman City Commission Minutes, November 18, 2013 5. 09-10,26: EM Appointment to the Audit Committee (Brunckhorst) 09.101-26 PM Motion and Vote to appoint Ilan Tracey to the Audit Committee. Deputy Mayor - Jeff Krauss: Motion Commissioner- Chris Mehl: 2nd Pouty Mayqr..-- Jeff Krauss: Approve Mayor_- Sean Becker. Approve Commissioner - Carson Taylor: Ap apgve Commissioner- Chris Mehl: Ate Commissioner - Cvnthia Andrus. A t ij2rove 6. 09:10:41 PM FYI/Discussion 7. 09:10:48 P'M Adjournment Mayor Becker adjourned the meeting at 9:10 p.m. Sean A. B A. Becker, Mayor 13 ATTE a. w_,Ulmwk Stac n;m C"City Clerk PRE A I Stacy Uk6e 'In City Clerk Approved un ed onQt�nk Page 9 of 9