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HomeMy WebLinkAbout01-10-11 Minutes, City CommissionC01 MINUTES OF THE MEETING OF 'THE CITY COMMISSION January 10, 2011 The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday May 17, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Finance Director Anna Rosenberry, Interim Planning Director Chris Saunders, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. These minutes are not word for word and should be considered along with the audio recording, 0:00:01 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse 0:00:03 B. Pledge of Allegiance and a Moment of Silence Mayor Krauss dedicated the moment of silence to the victims of the recent shooting, in Arizona, 0:02:09 C. Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. 0:02:11 Chris Kukulski, City Manager Mr. Kukulski said the Commission has asked that consent Item 2 be moved to an action item. 0:02:56 Motion and Vote to approve consent items 1 and 3. It was moved by Cr. Becker, seconded by Cr. Andrus to-approve consent items I and 3. Those voting Aye being Crs. Becker Andrus, Mehl, Taylor and Mayor Krauss. Those votinU No being none. The motion passed 5-0. 0:02:591. Consent I , Authorize Payment of Accounts Payable Claims (LaMeres) 2, Authorize City Manager to sign a letter supporting the Summit Housing Group, Inc.'s application to the Montana Housing Board for low income housing tax credits pending the outcome of an informal review of the project by the Development Review Committee (Krueger) 1 of 18 Jamian 10, 2011 Cili� Commission Alinales 3. Provisionally adopt Ordinance No. 1799, enacting Baxter Meadows B-2 to R-4 rezoning (Saunders) 0:03:11 Public Comment Mayor Krauss called for public comment on the consent items saying he had forgotten to ask for public comment before the vote. No person commented. 0:03:56 E. Public Comment Mayor Krauss called for general public comment. 0: 04 :42 Audrey Kalinowski, Public Comment Ms. Kalinowski of 111 Julia Martin Drive stated for full disclosure that the Commission will be considering her appointment to the Bike Board later in the meeting and she is an adjunct math instructor at Gallatin College Programs. She said that she supports the city allocating money for the Gallatin College Programs. 0:05:22 Public comment closed. Seeing no further public comment, Mayor Krauss closed public comment. 0:05:35 F. Special Presentation - Plaque and Certificate of Appreciation presented by the American Legion 0:05,40 Len Albright, American Le,-ion Post 14 Mr. Albright expressed appreciation from the American Legion membership and auxiliary during the rebuild of the American Legion. He presented and read a certificate of Appreciation and a plaque to the City of Bozeman and the Commission. Mr. Albright also presented a certificate to Mayor Jeff Krauss for his additional work. 0:08:07Mayor Krauss Mayor Krauss said, "For the people who went into danger and wake up in memory of that danger and serve their country in ways I can only imagine; this means more to me than just about anything I've done in seven years on the Commission. Thank you very much." 0,10:36 G. Action Items 0:10:37 1. Resolution No. 4308, a Resolution directing the City Manager to bring before the Commission an Amendment to the Current Fiscal Year 2011 Budget to Appropriate the Equivalent of 1.5 Mills from General Fund Cash Reserves for Gallatin College Programs and to Develop a Preliminary Budget for Fiscal Year 2012 that includes 1.5 Mills for the Support of Gallatin College Programs *Title changes 1-6-11 (Kukulski) 2 of 18 Jamlar 10. 201l (71 ( "olwnissioo Jlimoc,� 0 :10 : 5"7 Mayor Krauss Mayor Krauss said that both he and Commissioner Taylor need to have a discussion with the city attorney regarding conflicts of interest. 0:11:19 Cr. Taylor Commissioner Taylor disclosed that he is employed by Montana State University as a .6 FTE as an adjunct professor. He disclosed the classes he teaches and his direct supervisor. Cr. Taylor has had no discussions or intentions to teach at the Gallatin College in the future, 0:12:28 Mr. Sullivan Mr. Sullivan spoke to Cr. Taylor's conflict of interest statement saying his employment with the College of Business is removed far enough from the funding source and the administration of the money that the city would contribute would not create a conflict of interest on this item, He also said that this would also apply to Mayor Krauss" position with the Museum of the Rockies. 0:13:43 Mayor Krauss Mayor Krauss disclosed that he is an employee of Montana State University and he has been on the Gallatin College Programs Advisory Board. While he does not feel there is a legal conflict of interest, in the interest of a perceived conflict of interest due to his board membership, Mayor Krauss handed the gavel over to Deputy Mayor Becker. 0.15 :26 Greg Sullivan Mr. Sullivan agreed that the Mayor does not have a legal conflict on this item and explained why. 0:16:30 Deputy Mayor Becker Deputy Mayor Becker continued the item. 0:16:53 Chris Kukulski, City Manager Mr. Kukulski began the staff presentation on this item. 0 :21:59 Bob.Hietela, Deana Gallatin College Programs at Montana State University Mr. Hietela introduced Stephen Barrett from the Montana Board of Regents and Dr. Cruzado, Dean of Montana State University. 0:22:56 Stephen Barrett Montana Board of R!Zg eats _ Mr. Barrett provided a brief historic perspective on why the regents are so interested in this item. I le also urged the Commission to provide support for this Resolution. 0;26:25 Cr. Mehl Cr. Mehl asked Mr. Barrett a clarification question regarding the mill levy examples he gave. 0:27:01 * Waded Cruzado, President yLMontana State Univers Dr. Cruzado began by thanking the Mayor and Commissioners for their consideration of the 3 of 18 /arum -ti 10, 011 Ca C'orirmissim _Ilrmaes resolution that would provide support for the students that would benefit from the work force programs that they have at Gallatin College Programs at Montana State University. Dr. Cruzado also spoke regarding partnering with the city and the numerous reasons that the two year college is needed. 0:30:27 Deputy Mayor Becker Deputy Mayor Becker began questions for the applicants regarding timing of the funding in question. 0:32:14 Bob Hietela Mr. Hietela provided a presentation regarding academic programs, enrollment numbers, including dual enrollment and the vision and mission of Gallatin College. He then spoke regarding the challenges the college is facing and how Gallatin College would use the funding provided by the City towards new workforce program start-ups. 0:40:12 Amber Jillard, Student at Gallatin College Programs Ms. Jillard spoke on behalf of the Gallatin College Program as a non - traditional student with a full time job, saying the program has changed her life completely, and she has recently been hired in the industry. 0:42 :14 Cr. Taylor Cr. Taylor began questions on the item.. 0:44 :08 Cr. Mehl Cr. Mehl asked follow up questions. 0:44:50 Deputy Mayor Becker Deputy Mayor Becker continued questions to the applicants. 0:53:10 Mr. Kukulski Mr. Kukulski spoke to the fiscal position of the City. 0 :57:41 Public Comment Deputy Mayor Becker opened public comment on this item. 0:58 :05 Daryl Schliem Public Comment Mr. Schliem, CEO of the Bozeman Area Chamber of Commerce spoke on behalf of the Chamber membership in support of this Resolution emphasizing the needs of businesses to have people trained for the skill sets they need. 1:00 :08 ,Stuart Leidner, Public Comment Mr. Leidner, Executive Director for Prospera Business Network, a member of the Economic Development Council, and a member of the Gallatin College Advisory Board, would urge 4of18 J(1771wo 10, 2011 Ot• Ojmmi..iion Jfhmics support for this resolution to ensure that this moves forward. Mr. Leidner emphasized that workforce training is crucial for economic development and will benefit the entire area, 1:01:36 ' Tracy Afenuez, Public Comment Ms, Menuez, a Human Development Associate with Human Resource Development Council and member of the Economic Development Council urged the Commission to support Gallatin Colleges efforts to fill a long term workforce training gap in the community for both citizens and businesses. 1:02 Public comment closed. Seeing no further public comment, Deputy Mayor Becker closed public comment. 1:02:51 Motion, Discussion and Vote Deputy Mayor Becker opened motion, discussion and vote. 1:03:11 Deputy Mayor Becker Deputy Mayor Becker began discussion on the item. 1:05:27 Cr. Taylor Cr. Taylor continued discussion on the motion. 1:08:14 Cr. Andrus Cr. Andrus continued discussion on the item. 1:10:14 Cr. Mehl Cr. Mehl continued discussion on this item. 1 :1. 3:52 Motion and Vote to approve Resolution No. 4308, a Resolution of the City o Bozeman, Montana, directing the City Manager to bring before the Commission an amendment to the current FYI I budget to appropriate the eguivalent of 1.5 mills from general fund cash reserves for Gallatin College Programs and to develop prelimina budgets for FY12 and FY13 that each include 1.5 mills for the support of Gallatin College Programs_ It was moved by Cr. Andrus, seconded by Cr. Mehl to approve Resolution No. 4308, Resolution of the City of Bozeman, Montana directing the Ci Manager to bring before the Commission an amendment to the current FYI 1 budget to appropriate the eguivalent of 1.5 mills from general fund cash reserves for Gallatin College Pro rams and to develop preliminar ybudgets, for FY12 and FY13 that each include 1.5 mills for the sul2port o Gallatin College Prop— ams. 1:15 :33 Amendment to the main motion that in the (first sentence) of the preamble (Resolution title) addinp, 'up to' between '...to the current FY11 budget to appropriate (up to the equivalent of 1.5 mills... with the same change in the first paragraph of section one. 5 of 18 Janucu-vffi, 2011 01Y Commi.�sionlfimacs Also in the same sentence to add at the end, 'once notified in writing by the Gallatin Collep_e Dean and President of Montana State Universj_q that Gallatin College is ready to proceed with the citys funding. It was moved by Cr. Mehl, seconded bj Cr. Taylor to make an amendment to the main motion that in the (first sentence) of the preamble (Resolution title) adding'up to' between '...to the current FYI 1 budget to appropriate (up to the eg uivalent of 1.5 mills with the same change in the first j!aragraph of section one. Also in the same sentence to add at the end, 'once notified in writing bj the Gallatin College Dean and President of Montana State University that Gallatin College is ready to proceed with the cit ys funding. 1,16 Cr. Taylor Cr. Taylor began discussion on the amendment to the motion. 1:17 :29 Vote on the Amendment to the main motion that in the first sentence) of the preamble (Resolution title) adding 'up to' between ' ... to the current FYI I budget to appropriate (up to) the equivalent of 1.5 mills with the same change in the first paragraph of section one. Also, in the same sentence to add at the end, 'once notified in writing by the Gallatin College Dean and President of Montana State Universi]�L that Gallatin College is ready to proceed with the eit sfundin Those vofing,Nye being Crs. Mehl, Taylor, Andrus and Deputy Major Becker. Those voting No being none. The motion passed 4-0. 1:17:46 Amendment to the main motion and Vote to modify section 2 adding 'and FY 13' twice after FY12- It was moved by Cr. Mehl, seconded by Cr. Taylor to amend the main motion to modify section 2 adding'and FY 13' twice after FY12. Those voting Aye being Crs. Mehl, Taylor, Andrus and Deputy Mayor Becker. 1:1 8:43 Cr. Mehl clarified the intent of the motion. Cr. Mehl clarified for the record, that if Gallatin Colleae Programs did not use funding fo one year, that funding would not roll over to be used the next year. 1:1'9:50 Vote on the main motion as amended to approve Resolution No. 4308, a Resolution of the GjK of Bozeman, Montana, directing the City Manager to bring before the Commission an amendment to the current FYI 1 budget to appropriate up to the equivalent of 1.5 mills from.-general fund cash reserves for Gallatin College Programs and to develo]2 preliminary budgets for FY12 and FY13 that each include 1.5 mills for the Sunport o Gallatin College Programs and to add at the end of the sentence in section I of the Resolution, 'once notified in writing by the Gallatin College Dean and President of 6 of 18 11WHIMT 10, 2011 0(v Commission Alimoes Montana State University that Gallatin CollKgLLis ready to proceed with the citys funding' and to modify section 2 adding'and FY 13 twice after FY12. Those voting Ave being Crs. Andrus, Mehl, Taylor and De ly Ma or Becker. Those voting No being none. The motion passed 4-0. 1:20:12 Break Deputy Mayor Becker called for a break. 1:26-48 Back from Break Mayor Krauss called the meeting back to order after the break. 1:26:58 Mayor Krauss Mayor Krauss thanked the Commission for supporting the Gallatin College and said he is 100% behind the decision. 1:27:19 2. Authorize City Manager to sign a letter supporting the Summit Housing Group, Inc.'s application to the Montana Housing Board for low income housing tax credits pending the outcome of an informal review of the project by the Development Review Committee (Krueger) This item moved from consent 1:27:50 Brian Krueger, Dept. of Planning and Community Development Mr. Krueger provided the presentation on this item. 1:29:46 Cr. Mehl began questions for staff. 1:31:47 Cr. Taylor Cr. Taylor continued questions for staff. 1:32:22 Cr. Becker Cr. Becker continued questions for staff. 1 :34:0 Scott Keiver, Applicant Mr. Keiper with Summit Housing Group in Missoula said he would like a letter of support saying 'we are generally in favor of affordable housing in the City of Bozeman.' Mr. Keiper spoke with CAIIAB, and will be meeting with them on the 18th. Goal is to target lower rents, income levels. 1:35:32 Mayor Krauss Mayor Krauss began questions for the applicant. 1:36:37 Public Comment Mayor Krauss opened public comment on this item. 7 of 18 ,kijluoly 10, 201101 Comwission Ifimiles 1:36:50 Jef fRup p _,,Pubfic Comment Mr. Rupp, Director of the Human Resource Development Council spoke to the long term partnership between the City and HRDC regarding affordable housing providing some history. Mr. Rupp expressed his concern and frustration that this had not been brought forth to the Community Affordable Housing Board so that affordable housing projects reflect the needs of the community. Mr. Rupp also said most rates quoted in the application are above market. HRDC is asking the Commission to support the letter request, but be honest that the rate structure provided is not a valid affordability rate structure. Mr. Rupp stated that he does have several colleagues in common with Summit Housing and does feel they are a reputable company. 1.40:14 lracE MenugL Public Comment Ms. Menuez with the Human Resource Development Council, spoke on behalf of the Community Affordable Housing Advisory Board as the chair stating that the applicant will be attending a meeting of CAHAB on the I gth. 1:41:21 Public comment closed. Seeing no further public comment, Mayor Krauss closed public comment, 1:41:39 Aft. Keiper, Applicant Mr. Keiper said a good market study was prepared and he believes they are below market for both two and three bedrooms. 1:42:13 Mayor Krauss Mayor Krauss began questions for the applicant, 1:45:36 Cr. Andrus Cr. Andrus continued questions for the applicant. 1:46:24 Public hearing closed. Motion, discussion and vote opened. 1:46:40 Motion to authorize the City, Mana2er to sign a letter sup R portin the Summit Housing Group, Ine's application to the Montana Housing Board for low income housing tax credits pending the outcome of an informal review of the project by cily staff. It was moved by Cr. Mehl, seconded by Cr. Tg1lor to authorize the City Manager to sign a letter supporting the Summit Housing Group, Ine's application to the Montana Housing Board for low income housing tax credits pending the outcome of an informal review of the project by city staff. 1:46:59 Cr. Mehl Cr. Mehl began discussion on the motion stating why he changed the motion from review by the Development Review Committee to city staff. 8 of 18 Jewwa-v 10, 2011 01Y CommissmaAliautes 1:47:28 Cr. Taylor Cr. Taylor continued discussion on the motion and clarified that he would like the letter changed to reflect what the proposal actually is. 1:48:58 Cr. Becker Cr. Becker continued discussion on the motion. 1:55:48 Cr. Andrus Cr, Andrus continued discussion on the motion. 2:03:00 Cr. Mehl Cr. Mehl summed up his views on the motion. 2:05:26 Vote to .authorize the City Manager to sign a letter supportinzthe Summit Housing Group, Inc's application to the Montana Housing Board for low income housingtax credits pending the outcome of an informal review of the project -by city staff. Those voting Aye bein Crs. Mehl, Taylor, Andrus and Mayor Krauss. Those voting No being Cr. Becker. The motion passed 4-1. 2:06:10 3. Bozeman Brewery Continuance (Kra mer[Bristor) *Additional Applicant Material received 1-7-2011 2:06:54 Allyson Bristor, Associate Planner and Neighborhoods Coordinator Ms. Bristor provided the presentation on this item. 2:17.12 Cr, Taylor Cr. Taylor began questions for staff asking about safety issues. 2:20:24 Cr. Becker Cr. Becker continued questions for staff asking about the historic district. 2:23:26 Cr. Andrus Cr. Andrus continued questions for staff regarding historic districts, 2:25:49 Cr. Mehl Cr. Mehl continued questions for staff asking about the value of the structure. 2:31:42 Cr. Mehl Cr. Mehl continued questions for staff asking about safety issues. 2:33:24 Cr. Andrus Cr, Andrus continued questions for staff asking for a description of the wall, 9 of 18 donvary 10 2011 CiIYC(wunissioa Ihinvics 2:35 :15 Grah am Go[L Applicant Mr. Goff of Goff Architecture, 201 S. Wallace, gave the applicant presentation saying they have been unable to secure funding to continue this project and feel the only way to protect the health and safety of the community is to demolish the wall. 2:41:06 Mayor Krauss opened questions for the applicant. 2 Cr. Taylor Cr. Taylor began questions for the applicant. 2:46:24 Mayor Krauss Mayor Krauss continued questions for the applicant. 2:49:30 Cr. Andrus Cr. Andrus continued questions for the applicant. 2:50:49 Cr. Mehl Cr. Mehl continued questions for the applicant. 3:02 Public Comment Mayor Krauss opened public comment on this item. 3:02:14 ChrLLopher Spogis, Public Comment Mr. Spogis of 613 N. Tracy, proprietor of Christopher's Woodworks spoke regarding the economic value of the wall to his business. Mr. Spogis would encourage the Commission to vote to preserve the wall and preserve economic opportunity in the neighborhood. 3:03:34 Evan.Ruke, Public Comment Ms. Rukc spoke regarding the community and the city owning this historical heritage. She would like to see the wall preserved and asked that the developer be held accountable for what they started and asked that the city help them if possible. 3:04:53 Chris Nixon, Public Comment Mr, Nixon of 719 North Wallace, President of the NE Neighborhood Association said members overwhelmingly voted to keep the wall. Mr Nixon said that SHIPO has determined that the wall is important to the district and this is I out of ten historic brewery districts in the nation, Mr. Nixon asked that the city and citizens look at raising funds, or the city provide a low interest loan from the city. 3:09:48 Jason Delmue, Public Comment Mr. Delmue of 505 North Church asked where the property owner was and why they were not present. Mr. Delmue feels the staff recommendation for a six month stay is not strong enough considering the value of the wall to the community. 10 of 18 Julnuoy IQ 2011 Oi Connni.csioiillinwcs 3:13:25 Peter Mommsen, Public Comment Mr. Mommsen of 517 North Church recommended requiring bonding when developers would like to alter historic buildings. 3:14:20 John Gerster, Public Comment Mr. Gerster of 719 North Wallace spoke to the huge value of the district and the wall. Mr. Gerster has a historic residence next to the location and spoke regarding the sacrifices they have made for the history of their property. He requested that the city provide the developer with a low interest loan to have the wall braced. 3:17.57 Charlotte Knighton, Public Comment Mr. Knighton of 501 North Church spoke regarding the other plans within the northeast community that did not occur and asked that the wall be retained. 3:19:16 Jeanne Wesler -Weise , Public Comment Ms. Wesley-Weise of 707 North Wallace Street referred to an email letter she had sent. She and her husband are owners of one of the properties that will lose historic designation if the district loses status, and she is an officer of NENA. She said no one from Goff or Scala came and spoke to her about the wall, 3:21:05 Paul House, Public Comment Mr. House of 510 North Church spoke regarding the contractual and social contract the developer entered into and said it is time for the developer to live up to that contract. 3:22:40 Matt Stash, Public Comment Mr. Stash of 516 North Wallace is in support of keeping the wall. 3:23:15 011ie Nelson, Public Comment Mr. Nelson, owner of the historic cold storage building at 627 East Peach spoke regarding the work he has put into his historic building. Mr. Nelson said he was frustrated that there was no backup plan or recourse when the original plan didn't work, He would strongly suggest there is a viable option to do something with this wall. Mr. Nelson feels it is short sighted that we are here at this point to begin with. 3:26:49 Mr. Wiese, Public Comment Mr. Wiese of 707 North Wallace spoke urging the Commission to require bonding on projects such as this in the future to protect historic sites. 3:27:41 Public comment closed. Seeing no further public comment, Mayor Krauss closed public comment. 3:27:57 Mayor Krauss asked Commissioners for questions of staff. 11 of 18 Jwnwry 10, 2011 010- Commission lfim lvs 3:28:09 Cr. Becker Cr. Becker began questions for staff related to performance bonding. 3:29:39 Cr. Becker Cr. Becker asked questions regarding the small business loan program. 3:32:03 Mr. Goff, Applicant Rebuttal Mr. Goff responded to questions and statements made during public comment. 3:36:32 Public hearing closed. Mayor Krauss closed the public hearing and opened motion, discussion and vote. 3.36:50 Motion that having heard and considered public comment, we hereby adopt the findings presented in the November 15, 2010 and Januan 10, 2011 staff reports for the Modifications to the Final Site Plan #Z-07145A except we rind that until a detailed structural report is provided with construction bids made from eneinecrcd plans the commission does not have sufficient information to make the findines rcQuired under 18.28.080.0.2. parenthesis A or C because the applicant has failcd to satisfactorily demonstrate complianec with 18.28.080.0.2 (a) or (c) because: (i) the applicant has not satisfactorily demonstrated that work to permanently stabilize the wall is not reasonable under the circumstances; (H) the applicant has not dcmonstrated costs associated with the permanent stabilization of the wall exceed the valuc of the structure; and (W) the applicant has not sufficiently demonstrated the structure has no viable economic or useful life remaining. As such,, I move to deny the requested modifications to the final site plan fo demolition of the east facade of the brewery. Cr. Taylor moved, Cr. Becker seconded that having heard and considercd public comment, we hereby adopt the findings presented in the Novembcr 15, 2010 and January 10, 2011 staff reports for the Modifications to the Final Site Plan NZ-07145A except we find that until a detailed structural report is provided with construction bids made from engineered pTans the commission does not have sufficient information to make the findings required under 18.28.080.0.2.varenthesis A or C because the amlicant has failed to satisfactorily demonstrate compliance with 18.28.080.0.2 (a) or (c) because: (i) the applicant has not satisfactorily demonstrated that work to permanently stabilize the wall is not reasonable under the circumstances, 00the applicant has not demonstrated costs associated with the permanent stabilization of the wall exceed the value of the structure, and (W) the applicant has not sufficiently demonstrated the structure has no viable economic or useful life remaining. As such I move to deny the requested modifications to the final site plan for demolition of the east facade of the brewery. 38:17 Cr. Taylor Cr. Taylor began discussion on the motion stating he does not feel the standards have been met 12 of 18 JMWO1 10, Yd / 011 Co"Imissiml .1jimites providing some detail regarding why. He would encourage the developer, the city and the community to work together to find a way to shore up the wall in a way that will be safe and last awhile. Cr. Taylor said he is worried about the safety of the wall. 3:44:12 Cr. Becker Cr. Becker spoke to (stated findings for) the motion saying the onus is on the applicant to establish that the review criteria are met and they have not been met. The proposal is not satisfactory to make affirmative findings required by this section of Bozeman Municipal Code, The impact of removing the wall on the long term viability of the Bozeman Brewery District is far in excess of the largest numbers of the stabilization cost. 3:45:16 Cr. Becker Cr. Becker spoke regarding the possibility of using existing lending mechanisms. He asked staff to take the initiative to identify some and work with the applicant to determine if some type of partnership could be achieved. Cr. Becker then spoke to the public testimony provided on this issue. 3:48:37 Rules Suspended until 11 p.m. Mayor Krauss suspended the rules until 11 p.m. to allow the meeting to run past 10 p.m. 3:48:38 Cr. Andrus Cr. Andrus said that she concurs with the motion and the findings, and then spoke to the public comments received. 3:50:16 Cr. Mehl Cr. Mehl said he expects the applicant to reapply with more information or they will reach some understanding with other parties. 3:52:18 Mayor Krauss Mayor Krauss said he would support the motion and spoke regarding the findings and addressed public comment received. 3:59:29 Vote on the Motion that having heard and considered public comment, we hereby adopt the findings presented in the November 15, 2010 and januan 10, 2011 staff reports for the Modifications to the Final Site Plan #Z-07145A except we find that until a detailed structural report is provided with construction bids made from engineered plans the commission does not have sufficient information to make the findings required under 18.28.080.C.2. parenthesis A or C because the applicant has failed to satisfactorily demonstrate, compliance with 18.28.080.0.2 (a) or (c) because: (i) the applicant has not satisfactorily demonstrated that work to permanently stabilize the wall is not reasonable under the circumstances; 6i) the 42plicant has not demonstrated costs associated with the permanent stabilization of the wall exceed the value of the structure; and (W) the applicant has not sufficiently demonstrated the structure has no viable economic or useful life 13 of 18 Janum-1. 10, 2011 01Y ( 'onionks ion Alimi.1cs remaining. As such, I move to deny the requested modifications to the final site plan for demolition of the east facade of the brewery. Those voting Ave being Crs. Taylor, Becker, Andrus, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 4:00:38 Break Mayor Krauss called for a break. 4:09:3 3 Back from break. Deputy Mayor Becker called the meeting back to order stating the Mayor would be returning shortly. 4:09:44 3. Mitchell Impact Fee Credit Request and Appeal No. IFCR-0601 (Saunders) 4:09:55 Chris Saunders, Planning and Community Development Mr, Saunders provided the staff presentation on this item. 4:17:30 Cr, Andrus Cr. Andrus began questions for staff. 4:18:17 Mayor Krauss Mayor Krauss continued questions for staff. 4:18:34 Cr. Taylor Cr. Taylor continued questions for staff. 4:23:47 Cr. Becker Cr. Becker continued questions for staff. 4:29:55 Cr. Mehl Cr. Mehl continued questions for staff. 4:32:36 Susan Swimley, Applicant Ms. Swimley spoke on behalf of the Mitchell Development Group providing the applicant presentation on this item. 4:42:02 Cr. Mehl Cr. Mehl began questions for staff. 4:43:28 Rules suspended to 11 :15 p.m. Mayor Krauss suspended the rules of procedure to allow the meeting to extend past 11 p.m. 14 of 18 Jcowcn��- /0. 2011 CaY Commissiem Ahiwles 4:43:50 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 4:44:03 Motion, Disccussion and Vote. 4:44:16 Cr. Becker Cr. Becker requested and began discussion before he makes the motion. 4:46:03 Motion to direct staff to come back with a specific plan of action for amending the CIP to include the items addressed in the applicants avinal. It was moved by Cr. Becker, seconded by Cr. Andrus to direct staff to come back with a specific plan of action for amending the CIP to include the items addressed in the applicants appeal. 4:46:24 Mayor Krauss Mayor Krauss began discussion on the motion. 4.51:42 Aimee Kissel, Deputy City Clerk Ms. Kissel repeated the motion. 4:51,52 Cr. Mehl Cr. Mehl continued discussion on the motion. 4:52:04 Cr. Becker Cr. Becker continued discussion on the motion. 4:53:37 Cr. Taylor Cr. Taylor continued discussion on the motion. 4:59:43 ' Motion and Vote to table Cr. Seeker's motion. It was moved by Cr. Andrus, seconded bV Cr. Mehl to table Cr. Becker's motion. Those voting Aye being Crs. Andrus, Mehl, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 5:00:06 Cr. Mehl Cr. Mehl began questions for counsel. 5:00:50 Mr. Saunders Mr. Saunders responded to Cr. Mehl's questions about the criteria needed for findings on this application. 15 of 18 ,kimavy 10, 2011 Cif Commission A Unities 5:02:02 Motion that criteria 3 and 4 for this proiect be amended concerning the Fowler Signal and intersection alterations and the Fowler Sewer Line finding that the are capacily expanding and not fully project related and in addition criteria 5 shall be waived for the public interest because of the expansion and capacily this project has brought to Bozeman. It was moved by Cr. Mehl, seconded by Cr. Taylor that criteria 3 and 4 for this project b amended concerning the Fowler Signal and intersection alterations and the Fowler Sewer Line finding that they are capacily elpanding and not fully ro p , ject related and in addition criteria 5 shall be waived for the public interest because of the expansion and capacity. this project has brought to Bozeman. This motion was modWedlclarifi later. 5:02:41 Mayor Krauss Mayor Krauss asked for clarification on the motion. 5:03:04 Cr. Mehl Cr. Mehl summarized his motion. 5:03:45 Chris Saunders, Dept. of Planning and Community Development Mr. Saunders explained that the CIP cannot be amended right now, but rather can direct staff to bring back for consideration amendments to the CIP, 5:03:57 Cr. Mehl Cr. Mehl clarified he would like to add to his motion to direct staff to bring back for consideration amendments to the CIP for the proiects he listed. 5 - 04:11 Cr. MehIprovided the following clarification to the Motion that criteria 4 be CIP funded that we would direct staff to come back with a finding that those projects are capaci!y related and not fully 12roject related and for those pr9jects for criteria 95 which concerns timing that we find a public interest in waiving the criteria. 5:04:37 Cr. Taylor confirmed his second on the motion. 5:04:46 Mayor Krauss Mayor Krauss began discussion on the motion. 5:05:19 Cr. Mehl Cr. Mehl continued discussion on the motion. 5:06:05 Mayor Krauss Mayor Krauss said he would entertain a motion to suspend the rules to allow the meeting to extend past 11 :15 or to adjourn. 5:06:09 Motion and vote to suspend the rules to 11:30. It was moved by Cr. Becker, seconded by Cr. Andrus to suspend the rules to 11:30. 16 of 18 /0', 2011 Uilr Uommission Aflomrex Those voting Ave being Crs. Becker, Andrus, Mehl. Those voting No being Cr. Taylor and Mayor Krauss. The motion passed 3-2. 5:06:42 Motion to reicct the CIP list and CIP funded and timely request for Fowler Avenue. It was moved by Cr. Mehl, seconded bI Cr. Taylor to reiect the CIP list and CIP funded and timelv reauest for Fowler Avenue. 5 - 06:55 Discussion on the motion. 5:07:51 Motion to suspend criteria 5 for fowler signal intersection and Fowler sewer line. 5:08:01 Mayor Krauss Mayor Krauss said we have two motions on the floor (actually have three). 5:08:25 Discussion on the motions. 5:12:06 Mayor Krauss Mayor Krauss asked for a vote on the first motion that was made and asked for a repeat of that motion. 5:12:38 Aimee Kissel, Deputy City Clerk Ms. Kissel attempted to read back the motions on the floor, but they were further clarified before the vote by Mayor Krauss and Cr. Mehl, 5:14:40 Mayor Krauss clarified the motion. Mayor Krauss clarified the motion sgling, the intent of the motion was to waive timeliness for Fowler main signal, Fowler trunk sewer (waiving criteria 3, 4 and 5). 5:15:09 Cr. Mehl Cr. Mehl clarified that criteria three and four are waived because they are capacity related and not project related and criteria five is waived because it is in the public interest. 5:15:51 Discussion on the clarified motion. 5:16:29 Vote on the motion to waive timeliness for Fowler main signal, Fowler trunk sewer (waiving criteria 3, 4 and 5). Those voting Ave being Crs. Mehl, Taylor, Becker and Andrus. Those voting No being Major Krauss. The motion gassed 4-1. 5:16:51. Motion to apply same motion (waiving criteria 3, 4 and 5) to the land for Fowler, Garfield construction, Fowler construction and College, Main re-construction. 17 of 18 io. 2011 Ciiv Commission Alinvres It was moved by Cr. Becker to apply same motion (waiving criteria 3, 4 and 5) to the land for Fowler, Garfield construction, Fowler construction and College, Main re-construction, 5:17:07 Motion died for lack of a second. 5:17 :32 Motion that as to the Fowler and Main sianal and the Fowler trunk sewer that staff come back to us with a Proposal for adding them to the CIP listing and to fund them. It was moved by Cr. Taylor,, seconded by Cr. Mehl that as to the Fowler and Main signal and the Fowler trunk sewer that staff come back to us with a proposal for adding them to the CIP listing and to fund them. 5:17:57 Vote on the motion that as to the Fowler and Main signal and the Fowler trunk sewer that staff come back to us with a proposal for addinp, them to the CIP listing and to fund them. Those voting Aye beinp,.Crs. Taylor, Mehl, Becker, Andrus. Those voting No being Mayor Krauss. The motion passed 4-1. 5:18:21 H. Adjournment Mayor Krauss adjourned the meeting at 11 :19 p.m. ATTE o Z' If-it a S C L9 3 C PREPA Aim& Kissel, Deputy City Clerk Approved on .._ i46rLAav1 )JeeVyKra6sV'1vraA6r 10 0151N.