HomeMy WebLinkAbout07-14-2014 HPAB Minutes r
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
AGENDA
Monday, July 14,2014
Minutes linked to the video can be found online at:
httn://www.ayeantureall.com/Sessions.aspx#session.7e8dcOce-12d5-4fdl-90ec-
56b87f4d7dc8
Table of Contents a
A. Call to Order— 6 p.m. — Commission Room, City Hall, 121 North Rouse
Mayor Pro-Tern Taylor called the meeting to order at 6:01 p.m.
Mayor - Jeff Krauss: Absent
Deputy Mayor- Carson Taylor: Present
Commissioner- Chris Mehl: Present
Commissioner - Cmthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present
Staff present at the dais was City Manager Chris Kukulski, City Attorney Greg Sullivan
and Deputy City Clerk Aimee Brunckhorst.
B. Pledge of Allegiance and a Moment of Silence
06:01:09 PM
C. Changes to the Agenda
None.
D. Authorize Absence of Mayor Krauss
Motion and Vote to approve the absence of Mayor Krauss.
Commissioner - I-Ho Pomeroy: Motion
Commissioner- Chris Mehl: 2nd
Mayor- Jeff Krauss: Absent
Deputy Mayor- Carson Ta I�Approve
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
The motion passed 4-0.
E. Consent
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Bozeman City Commission Minutes, July 14, 2014
6. Obligation to Maintain Historic Properties and Demolition of Historic
Properties (Thomas/Sullivan) El-a
07:50:48 PM Wendy Thomas, Community Development Director began the presentation
on this item with the discussion about the definition of historic property.
08:04:14 PM Mayor Pro-Tem Taylor said he will be taking public comment three times
during this presentation after each section.
08:05:05 PM Cr. Andrus began questions for staff asking about the differences between
definition I and 2.
Wendy Thomas spoke to questions from Cr. Mehl.
08:06:48 PM Courtney Kramer, Historic Preservation Officer answered questions posed
by Cr. Andrus regarding the reason why there are both conservation overlay districts and
historic preservation neighborhoods.
08:09:09 PM Cr. Pomeroy continued questions for staff.
08:11:04 PM Cr. Mehl continued questions for staff.
Wendy Thomas spoke to questions from Cr. Mehl.
08:19:47 PM Courtney Kramer spoke to questions posed by Cr. Mehl.
08:23:19 PM Wendy Thomas answered questions from Cr. Mehl.
08:24:17 PM Cr. Mehl continued questions for staff.
08:24:51 PM Wendy Thomas continued answering questions from Cr. Mehl.
08:27:44 PM Greg Sullivan, City Attorney answered a question.
08:28:27 PM Cr. Mehl continued questions for staff.
08:29:06 PM Courtney Kramer spoke explaining that the National Register of Historic
Properties are honorary.
08:30:27 PM Wendy Thomas responded to questions from Mayor Pro-Tem Taylor.
08:32:37 PM Courtney Kramer answered questions from Mayor Pro-Tem Taylor.
08:33:23 PM Cr. Pomeroy asked questions of staff.
08:34:48 PM Public Comment on the Definition of Historic Property.
08:35:07 PM David Chambers,Public Comment
Mr. Chambers of 224 North Church Avenue feels it makes sense to have a definition and
moving towards contributing and potentially eligible. He spoke regarding the process
saying the historic preservation advisory board should be consulted as part of that
process. He would also suggest that the local historic board could add properties. He
would agree with staff that there is too much disincentive to opt out of the definition.
08:37:53 PM Public Comment Closed
Seeing no further public comment, Mayor Pro Tem.Taylor closed public comment.
08:37:56 PM
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Bozeman City Commission Minutes, July 14, 2014
I move to direct staff to brine forward a Municipal Code text amendment that
reflects proposed definition one; defining historic property as any property, eligible
for registry on the national register of historic places.
Commissioner- Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
Cr. Mehl began discussion on the motion said he would like to go in phases. We already
have the largest conservation overlay district in the state and have problems just in that
district which is where the public support and controversy is. He spoke regarding not
forcing anyone into the district and getting public support. He also spoke regarding
budget limitations and staff time limitations. He spoke further regarding his views.
08:43:19 PM Cr. Andrus continued discussion on the motion saying historic structures
benefit the culture and well-being of the entire community. The staffs recommendation
of option 2 is a more progressive option. She feels the more we keep up with the survey,
the less it will cost if kept up with. Everyone would have the opportunity to dispute a
designation.
08:45:34 PM Cr. Pomeroy said she agrees with Cr. Andrus.
08:45:46 PM Mayor Pro-Tem Taylor asked for clarification.
08:46:05 PM Courtney Kramer answered questions.
08:46:40 PM Mayor Pro-Tem Taylor said he would not be supporting the motion. He
feels we need to update the survey so that individuals will not have to bear the burden of
the cost and because it will be helpful to staff to have the inventory. He agrees generally
with staff s proposal and that the Historic Preservation Advisory Board would be
consulted as needed by staff.
The Commission and staff discussed and debated how the definition alternatives would
be interpreted and how they would work.
08:54:25 PM Mayor Pro-Tem Taylor said he would like to see the survey updated
because he thinks there are anomalies in it. He thinks the definition in 1 is too narrow and
the issue is how do we get an updated survey and get buildings in the conservation
overlay district.
08:56:19 PM Cr. Mehl was voting for definition according to our current practice.
08:56:43 PM Greg Sullivan said the proposal to create a definition was to provide a set of
structures that if the Commission so chose would be subject to the affirmative obligation
to maintain. The other would be to adjust what would be subject to the demolition
requirements currently applied only to the conservation overlay district. Currently,
outside of the conservation overlay district, a property can just be demolished via permit
without a special process. Right now, if your property is within the overlay district, you
would definitely need to go through a process for demolition.
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Bozeman City Commission Minutes, July 14, 2014
08:58:16 PM Cr. Andrus would still support definition 2 so that properties in or out of the
district that are significant and contributing could be designated. If it is historic and adds
to the sense of place and story of the community it should be considered.
09:00:02 PM Cr. Mehl made a friendly amendment to his motion saying the motion was
meant to define current practices.
Cr. Andrus agreed to approve the friendly amendment.
Deputy City Clerk asked for further clarification on the motion asking for a definition of
current practices for the record.
Director of Community Development Wendy Thomas provided appropriate language for
the friendly amendment saying it would be: recognized as historic or contributing
located in a district listed on the register or landmark designation recognized by the city
of Bozeman.
Vote on the motion as friendly amended to define historic properties according to
our current practice; "recognized as historic or contributing located in a district
listed on the register or landmark designation recognized by the city of Bozeman.
Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Disapprove
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Disapprove
Commissioner - I-Ho Pomeroy: Disapprove
The motion failed 1-3 with Crs. Andrus and Pomeroy and Mayor Pro-Tem Taylor
opposed.
09:02:21 PM
Motion to direct staff to bring forward a Municipal Code text amendment that
reflects proposed definition two; defining "historic property" as any property
eligible for listing on the National Register of Historic Places.
Commissioner - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
Cr. Andrus began discussion on the motion saying she feels this definition is progressive
and likes that it includes both properties within and outside of the historic district. The
historic structures benefit the community as a whole. This option also requires that we
update the survey. She feels the community would support this.
09:03:52 PM Cr. Pomeroy said she is amazed how American people really preserve
historic buildings.
09:04:37 PM Cr. Mehl continued discussion on the motion saying he is not in agreement
with this definition.
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Bozeman City Commission Minutes, July 14, 2014
09:06:31 PM Mayor Pro-Tem Taylor continued discussion on the motion and his
understanding of the motion.
09:09:05 PM Courtney Kramer spoke to the questions.
09:12:00 PM Cr. Pomeroy continued questions.
09:12:32 PM
Vote on the motion to direct staff to bring forward a Municipal Code text
amendment that reflects proposed definition two; defining "historic property" as
any property eligible for listing on the National Register of Historic Places.
Mayor- Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner- Chris Mehl: Disap rove
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
The motion passed 3-1 with Cr. Mehl opposed.
Obligation to Maintain
Wendy Thomas continued her presentation.
09:20:43 PM Cr. Pomeroy began questions for staff.
09:21:30 PM Wendy Thomas answered questions from Cr. Pomeroy.
09:22:08 PM Cr. Mehl continued questions for staff,
09:24:05 PM Wendy Thomas asked for clarification from the Commission regarding
whether they would like this to apply.
09:24:48 PM Public Comment
Mayor Pro-Tern Taylor opened public comment.
09:24:56 PM Steve Quait, Public Comment
Mr. Quait of 502 North 10'' Street asked whether there was a survey done of people
within historic districts on whether they would like this change. He spoke to the need to
focus on the people, giving them the opportunity to voice their opinion in this process. He
spoke regarding wording on page ten. He spoke regarding survey questions he has asked.
09:31:09 PM Dave Lockie,Public Comment
Mr. Lockie of 317 and 323 Lindley Place spoke to the lack of funding available to
property owners to mandate repair and maintenance of a historic property. He spoke
regarding several examples of how repair issues have created a hardship for property
owners.
09:34:35 PM Darrell Behrent,Public Comment
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Bozeman City Commission Minutes, July 14, 2014
Mr. Behrent of 208 Lindley Place spoke to problems and expenses in repairing an old
home and his concerns with mandating repairs. He spoke to all the problems he has with
his home that would be impossible to repair.
09:37:58 PM David Chambers,Public Comment
Mr. Chambers said he is a member of the Northeast Neighborhood Association and they
have been asking the Commission for several years to address this issue. What someone
does to their property affects their neighbors. He spoke regarding historic failures in his
neighborhood. The Neighborhood Association is mainly concerned about commercial
properties. He would like to know if present code covers some of these issues. He asked
about the railroad depot and whether we would have something in place to deal with the
hole in the roof.
Public Comment Closed
Seeing no further public comment, Mayor Pro-Tem Taylor closed public comment.
09:41:02 PM Greg Sullivan clarified for the public that this is a policy discussion and is
not consideration of an actual Ordinance. He asked that the Commission articulate. He
spoke to the definition of repair being very fundamental health and safety issues.
09:43:55 PM
I move to direct staff to bring forward a Municipal Code text amendment that
enacts option 1, Step 1 and Step 2 for addressing affirmative maintenance of historic
properties.
Commissioner- Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
Cr. Mehl provided discussion on the motion saying he is not sure whether commercial or
residential properties should be prioritized -maybe both. The maintenance should be very
clear with weather tight and secure and possibly a few more. He does believe in
economic hardship. He would be interested in what would be expected for enforcement.
09:46:26 PM Cr. Andrus said she would agree with Cr. Mehl and appreciates the public
comment and agrees that extensive remodel is not the intention. The intention is to
protect the general, fundamental issues of public health and safety in a very broad way.
09:47:38 PM Cr. Pomeroy asked a question.
09:48:27 PM Mayor Pro-Tern Taylor said he would like to cover both commercial and
single family. The point is to prevent destruction of significant and contributing historic
buildings. He said this discussion has come from the community bottom up.
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Bozeman City Commission Minutes, July 14, 2014
09:50:26 PM
Vote on the motionto direct staff to brinE forward a Municipal Code text
amendment that enacts option 1, Step 1 and Step 2 for addressing affirmative
maintenance of historic properties.
Mayor- Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 4-0.
Demolition
Wendy Thomas continued with her presentation.
09:54:27 PM Cr. Mehl began questions for staff.
09:58:16 PM Mayor Pro-Tem Taylor suspended the rules of procedure to allow the
meeting to extend until 10:30 p.m.
09:58:25 PM Cr. Mehl continued questions for staff.
09:58:32 PM Greg Sullivan spoke to questions
09:59:29 PM Chris Saunders answered questions.
10:01:18 PM Greg Sullivan, City Attorney clarified the current codes.
10:03:20 PM Wendy Thomas spoke to how the current code needs to be clarified.
10:07:01 PM Cr. Andrus spoke to how to clarify the code.
10:07:58 PM Courtney Kramer provided an example of a historic resident.
10:11:47 PM Mayor Pro-Tem Taylor
10:14:17 PM Cr. Andrus continued questions for staff.
10:14:56 PM Cr. Pomeroy asked questions of staff.
10:15:39 PM Public Comment
Mayor Pro-Tem Taylor opened public comment.
10:15:58 PM Darrell Behrent,Public Comment
Mr. Behrent of 208 Lindley Place spoke about what would happen with a specific
example. He does not feel the Commission would accomplish what they are hoping with
this item.
10:17:24 PM Rob Pertzborn, Public Comment
Mr. Pertzborn of 433 North Black said there is a suggestion that we will or have seen
rampant speculation of demolition of historically significant properties and he would not
agree with that. He also spoke that not all demolition is a bad thing and a lot of good
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Bozeman City Commission Minutes, July 14, 2014
projects have come in. After demolition we see investments, energy upgrades,buildings
to code, etc.
10:19:21 PM Public Comment Closed
Mayor Pro-Tem Taylor closed public comment.
10:19:25 PM Greg Sullivan clarified the current demolition process.
10:21:08 PM I move to direct staff to bring forward a Municipal Code text
amendment that modifies the process for demolition of structures in the NCOD as
recommended in Step 1, Step 2 , Step 3 and Step 4.
Commissioner- Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
10:21:15 PM Cr. Mehl began discussion on the motion saying he would like conversation
about what we would allow for demolition with a scale to decide how contributing a
property is. He would like to drop steps 3 and 4 or explain in writing why they should be
included. He is concerned about public understanding on this. He spoke to the public
comment provided on this issue. He spoke regarding exploring options that include
disruptions mid-process. He spoke further about what he would like to see as options.
10:24:20 PM Cr. Andrus said she would prefer that steps 3 and 4 be included but would
be fine with more explanation.
10:24:39 PM Mayor Pro-Tem Taylor would like to reclaim demolition of some sort. He
would separate the two discussions even if they happened on the same night so they do
not get confused. He would like to prevent someone from `gaming the system' and this
goes further towards that.
10:26:34 PM Vote on the motion to direct staff to brim forward a Municipal Code
text amendment that modifies the process for demolition of structures in the NCOD
as recommended in Step 1, Step 2 , Step 3 and Step 4.
Mayor-Jeff Krauss: Absent
Deputy Mayor- Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 4-0.
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Bozeman City Commission Minutes, July 14, 2014
10:26:38 PM Mayor Pro-Tem Taylor suspended the rules of procedure to allow the
meeting to extend until 10:45 p.m.
10:26:54 PM Stay of Demolition
Wendy Thomas continued with her staff presentation regarding stay of demolition.
10:29:04 PM Cr. Mehl asked for clarification regarding discrepancies in the
memorandum. He then continued with questions he would have for how this would move
forward.
10:31:41 PM Greg Sullivan spoke to how a stay of demolition currently works and how
these options would change the current practice.
10:34:33 PM Public Comment
Mayor Pro-Tern Taylor opened public comment.
10:34:44 PM David Chambers,Public Comment
Mr. Chambers said option one appears to be present policy and option 2 would only work
if everyone agrees to it. He thinks there needs to be a stick in this item. The situation that
happened with the brewery wall is that the developer did not meet the conditions that the
Commission required. The conditions need to be met and if they are not,the demolition
should be thrown out.
10:37:25 PM Public Comment closed.
Mayor Pro-Tern Taylor closed public comment.
10:37:30 PM
Motion to direct staff to bring forward a Municipal Code text amendment that
clarifies the language about the two year stay of demolition as recommended in
Option 1 and 2.
Commissioner- Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
Cr. Mehl began discussion on the motion saying he realizes these options will build upon
another. He realizes we have a long stay of demolition wait. He is willing to look at
option 2. He is interested in looking at what conditions would revoke the demolition
permit and what level of hurdle we would be willing to take it back.
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Bozeman City Commission Minutes, July 14, 2014
10:39:24 PM Greg Sullivan clarified when a demolition stay comes into play. He has
concerns about the Commission's authority to put a permanent stay on a property.
10:40:55 PM Cr. Andrus said she supports the motion. She thinks having teeth in these
criteria matters. Perhaps the Historic Preservation Board could look at these. She needs
more information. She feels it is more of a guideline than criteria.
10:42:23 PM Greg Sullivan clarified option 2.
10:42:47 PM Cr. Andrus spoke further to her understanding of the motion.
10:43:07 PM Mayor Pro-Tem Taylor suspended the rules of procedure to allow the
meeting to extend until 2 a.m.
10:43:23 PM Cr. Mehl continued discussion on the motion.
10:44:41 PM Wendy Thomas spoke regarding looking at best practices of other
communities.
10:45:23 PM Cr. Pomeroy said she supports this motion and needs more information.
10:45:41 PM Mayor Pro-Tem Taylor said he also feels there needs to be a `stick' to add
to the `carrot' but in very limited circumstances.
10:47:03 PM Greg Sullivan spoke further about concerns.
10:47:31 PM Cr. Pomeroy asked questions of staff.
10:48:02 PM Wendy Thomas answered questions.
10:48:28 PM Cr. Pomeroy continued questions.
10:50:37 PM
Vote on the motion to direct staff to bring forward a Municipal Code text
amendment that clarifies the language about the two year stay of demolition as
recommended in Option 1 and 2.
Manor- Jeff Krauss: Absent
Deputy Mayor- Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 4-0.
7. Provisional Adoption of Ordinance 1894 authorizing the City Manager to
execute the Land Exchange Conveyance Agreement, Grantingof an
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