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HomeMy WebLinkAboutNovember 19, 2012 Minutes Page 1 of 10 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 19, 2012 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, November 19, 2012. Present were Mayor Sean Becker, Commissioner Cyndy Andrus, Commissioner Carson Taylor, Assistant City Manager Chuck Winn, City Finance Director Anna Rosenberry, City Attorney Greg Sullivan, and City Clerk Stacy Ulmen. *These minutes are not word for word and should be considered along with the audio recording. 0:00:03 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Becker called the Meeting to order. 0:00:13 B. Pledge of Allegiance and a Moment of Silence 0:01:00 C. Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated that Deputy Mayor Krauss's absence will need to be excused. 0:01:14 D. Public Service Announcement – City offices closed November 22nd and 23rd Bozeman City Clerk Stacy Ulmen gave the PSA regarding the City Office closures on November 22nd and 23rd for the Thanksgiving Holidays. 0:02:54 E. Authorize Absences of Commissioner Mehl and Deputy Mayor Krauss 0:02:55 Motion and Vote to approve the absences of Cr. Mehl and Deputy Mayor Krauss. It was moved by Cr. Taylor, seconded by Cr. to approve the absences of Cr. Mehl and Deputy Mayor Krauss. Those voting Aye being Crs. Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 3-0. 0:03:06 F. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 14 Minutes of the Bozeman City Commission, November 19, 2012 Page 2 of 10 2. Authorize City Manager to sign Bid Purchase Agreement for the Storm Sewer TV Van retrofit in the amount of $129,000 to Cues INC. (Alston) 3. Approve a Liquor License for Pizza Campania to sell Beer and Wine at 1285 North Rouse Avenue (Neibauer) 4. Accept the Building Inspection Division Fiscal Year 2013 quarterly report for the quarter ending September 30, 2012 (Risk) 5. Finally Adopt Ordinance No. 1844 Creating the South Bozeman Technology District and authorizing the Use of Tax Increment Financing (Fontenot) 0:03:15 Public Comment on Consent Items Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 0:03:30 Motion and Vote to approve Consent items F. 1-5 as submitted. It was moved by Cr. Andrus, seconded by Cr. Taylor to approve Consent items F. 1-5 as submitted. Those voting Aye being Crs. Andrus, Taylor and Mayor Becker. Those voting No being none. The motion passed 3-0. 0:03:42 G. Public Comment Mayor Becker opened general public comment. No person commented. Mayor Becker closed public comment. 0:04:25 H. Mayoral Proclamation – Small Business Saturday, November 24, 2012 0:05:55 I. Action Items 0:06:01 1. Springhill Presbyterian Church Conditional Use Permit with Master Site Plan at 4769 West Babcock Street, Application Z-12254 (Quasi-Judicial) (Skelton) 0:06:42 Dave Skelton, Staff Planner Mr. Skelton gave the presentation regarding the Springhill Presbyterian Church Conditional Use Permit with Master Site Plan at 4769 West Babcock Street, Application Z-12254. 0:26:31 Questions for Staff The Commission and staff discussed condition 18, easements, street networks, trails, the home 15 Minutes of the Bozeman City Commission, November 19, 2012 Page 3 of 10 owner’s association letter, waivers of right to protest and Street Improvement Districts in the area. 0:39:08 Applicant Presentation Applicant Representative Chris Budeski gave the applicant presentation regarding the Springhill Presbyterian Church Conditional Use Permit with Master Site Plan at 4769 West Babcock Street, Application Z-12254. 0:45:01 Questions for Applicant The Commission and the Applicant discussed phasing. 0:46:53 Applicant representative The Pastor of the Church spoke regarding the growing church family and the need for the space. 0:50:20 Public Comment Mayor Becker opened public comment. 0:50:41 Craig Straton, Public Comment Mr. Straton stated that he is the area HOA representative. They support the church but have issues with the park land. His concern is if it is going to stay in the HOA normal review requirements, there needs to be a resolution on the other half of road. 0:55:22 Kevin Beau, Public Comment Mr. Beau of 2200 West Dickerson Street spoke regarding Phase 1 and Phase 2 square footages are incorrect. 0:55:59 Public Comment closed Mayor Becker closed public comment. 0:56:09 Applicant rebuttal Applicant representative Chris Budeski stated that they have been working with the Home Owners Association (HOA) on the concern of Cottonwood Road. 1:01:03 Commission questions for staff The Commission and staff discussed the trail in the area, easements, the phasing and connectivity and the implementation and timing of the trail. 1:07:45 Motion that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report included in the supplements for application Z-12254 and move to approve the Springhill conditional use permit with master site plan with the recommended 21 conditions labeled Exhibit A as provided most recently to the Commission subject to all applicable code provisions. 16 Minutes of the Bozeman City Commission, November 19, 2012 Page 4 of 10 It was moved by Cr. Taylor, seconded by Cr. Andrus that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report included in the supplements for application Z-12254 and move to approve the Springhill conditional use permit with master site plan with the recommended 21 conditions labeled Exhibit A as provided most recently to the Commission subject to all applicable code provisions. 1:08:49 Commission discussion on the Motion The Commission discussed the connectivity of the trail and phase 2 of the project. 1:13:41 Vote on the Motion that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report included in the supplements for application Z-12254 and move to approve the Springhill conditional use permit with master site plan with the recommended 21 conditions labeled Exhibit A as provided most recently to the Commission subject to all applicable code provisions. Those voting Aye being Crs. Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 3-0. 1:14:03 Break Mayor Becker declared a break. 1:27:20 2. Artcraft Food and Drink Conditional Use Permit and Certificate of Appropriateness at 241 East Main Street, Application Z-12263 (Quasi-Judicial) (Brekke) 1:27:42 Allyson Brekke, Staff Planner Ms. Brekke gave the staff presentation regarding the Artcraft Food and Drink Conditional Use Permit and Certificate of Appropriateness at 241 East Main Street, Application Z-12263. 1:35:08 Questions for Staff The Commission and Staff spoke regarding ADA requirements and the doors on the building. 1:37:23 Applicant Presentation Applicant representative Van Bryan gave the applicant presentation for the Artcraft Food and Drink Conditional Use Permit and Certificate of Appropriateness at 241 East Main Street, Application Z-12263. 1:40:04 Questions for Applicant The Commission and Applicant discussed the conditions in regards to the windows and the signage. 17 Minutes of the Bozeman City Commission, November 19, 2012 Page 5 of 10 1:44:10 Public Comment Mayor Becker opened public comment. 1:44:22 Matt Butler, Public Comment Mr. Butler owner of Bozeman Hotel stated that he does not oppose the project but that he is concerned about the amount of bars and that the east end of Main Street is saturated with bars. This raises safety and health issues. He would like to see a condition added regarding putting a committee together to address this concern. 1:48:19 Public Comment closed Mayor Becker closed public comment. 1:48:29 Applicant rebuttal 1:49:30 Questions for Staff The Commission discussed the alley in the explosion area, lighting improvements and sidewalk seating. 1:53:20 Motion that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-12263 and move to approve the conditional use permit and certificate of appropriateness for Artcraft Food and Drink with the recommended conditions 1-16(per amendments added 17 & 18 but 19 remains stricken) and subject to all applicable code provisions. It was moved by Cr. Andrus, seconded by Cr. Taylor that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-12263 and move to approve the conditional use permit and certificate of appropriateness for Artcraft Food and Drink with the recommended conditions 1-16(per amendments added 17 & 18 but 19 remains stricken) and subject to all applicable code provisions. 1:54:00 Commission Discussion The Commission discussed the conditions, the elimination of the doors, preservation of the kick plate, the possibility of re-wording condition 17 and 18 for preservation and closure concerns. 2:03:09 Amendment that Condition No. 17 be modified to read that the proposed door to the south façade shall incorporate a design feature that visually represents a kick plate. It was moved by Cr. Taylor, seconded by Cr. Andrus that Condition No. 17 be modified to read that the proposed door to the south façade shall incorporate a design feature that visually represents a kick plate. 18 Minutes of the Bozeman City Commission, November 19, 2012 Page 6 of 10 2:04:15 Vote on the Amendment that Condition No. 17 be modified to read that the proposed door to the south façade shall incorporate a design feature that visually represents a kick plate. Those voting Aye being Crs. Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 3-0. 2:04:21 Amendment and Vote that Condition No. 18 be modified to read that the center door on the south front façade may be enclosed but shall incorporate additional glazing. It was moved by Cr. Taylor, seconded by Cr. Andrus that Condition No. 18 be modified to read that the center door on the south front façade may be enclosed but shall incorporate additional glazing. Those voting Aye being Crs. Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 3-0. 2:05:47 Vote on the Main Motion as amended that Having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-12263 and move to approve the conditional use permit and certificate of appropriateness for Artcraft Food and Drink with the recommended conditions 1-16(per amendments added 17 & 18 but 19 remains stricken) and subject to all applicable code provisions as amended. Those voting Aye being Crs. Andrus, Taylor and Mayor Becker. Those voting No being none. The motion passed 3-0. 2:06:11 3. Cowdrey Minor Subidivsion Preliminary Plat, located along the north boundary of East Valley Center Road, Application P-12012 (Quasi Judicial) (Skelton) 2:06:45 Dave Skelton, Sr. Planner Mr. Skelton gave the staff presentation regarding Cowdrey Minor Subidivsion Preliminary Plat, located along the north boundary of East Valley Center Road, Application P-12012. 2:09:28 Applicant Presentation Applicant representative Chris Budeski gave the applicant presentation for the Cowdrey Minor Subidivsion Preliminary Plat, located along the north boundary of East Valley Center Road, Application P-12012. 19 Minutes of the Bozeman City Commission, November 19, 2012 Page 7 of 10 2:10:30 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 2:10:37 Motion that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application P-12012 and move to approve the preliminary plat for Cowdrey Minor Subdivision, authorizing to subdivide 5.006 acres and create two commercial lots, with the recommended conditions and subject to all applicable code provisions. It was moved by Cr. Taylor, seconded by Cr. Andrus that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application P-12012 and move to approve the preliminary plat for Cowdrey Minor Subdivision, authorizing to subdivide 5.006 acres and create two commercial lots, with the recommended conditions and subject to all applicable code provisions. 2:11:26 Vote on the Motion that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application P-12012 and move to approve the preliminary plat for Cowdrey Minor Subdivision, authorizing to subdivide 5.006 acres and create two commercial lots, with the recommended conditions and subject to all applicable code provisions. Those voting Aye being Crs. Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 3-0. 2:11:36 4. Adoption of Criteria for City of Bozeman Support of Low Income Housing Tax Credit (LIHTC) Applications (McHarg) 2:11:59 Tim McHarg, Planning Director Mr. McHarg gave the staff presentation regarding Adoption of Criteria for City of Bozeman Support of Low Income Housing Tax Credit (LIHTC) Applications. 2:13:43 Commission questions for Staff The Commission and Staff spoke regarding the timing of credits and input from developers. 2:16:20 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 20 Minutes of the Bozeman City Commission, November 19, 2012 Page 8 of 10 2:16:29 Motion to approve the proposed criteria for city support for the Low Income Housing Tax Credit Program. It was moved by Cr. Andrus, seconded by Cr. Taylor to approve the proposed criteria for city support for the Low Income Housing Tax Credit Program. 2:16:45 Commission discussion on the Motion 2:17:25 Vote on the Motion to approve the proposed criteria for city support for the Low Income Housing Tax Credit Program. Those voting Aye being Crs. Andrus, Taylor and Mayor Becker. Those voting No being none. The motion passed 3-0. 2:17:31 5. Provisional Adoption of Ordinance No. 1849, Amending Ch. 36, Article 4 of the Bozeman Municipal Code, Parking Standards and City Parking Facilities (Lee) 2:17:58 Scott Lee, Parking Manager Mr. Lee gave the staff presentation regarding the Provisional Adoption of Ordinance No. 1849, Amending Ch. 36, Article 4 of the Bozeman Municipal Code, Parking Standards and City Parking Facilities. 2:21:34 Questions for Staff The Commission and Staff spoke regarding the Parking Commission's input on this item. 2:23:20 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 2:23:26 Motion to provisionally adopt Ordinance No. 1849, amending Chapter 36, Article 4 of the Bozeman Municipal Code relating to parking standards and city parking facilities, applying the "rolling rule" to city facilities and amending the fine for parking longer than 48 hours. It was moved by Cr, Taylor, seconded by Cr. Andrus to provisionally adopt Ordinance No. 1849, amending Chapter 36, Article 4 of the Bozeman Municipal Code relating to parking standards and city parking facilities, applying the "rolling rule" to city facilities and amending the fine for parking longer than 48 hours. 2:23:51 Discussion on the Motion 21 Minutes of the Bozeman City Commission, November 19, 2012 Page 9 of 10 2:25:10 Vote on the Motion to provisionally adopt Ordinance No. 1849, amending Chapter 36, Article 4 of the Bozeman Municipal Code relating to parking standards and city parking facilities, applying the "rolling rule" to city facilities and amending the fine for parking longer than 48 hours. Those voting Aye being Crs. Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 3-0. 2:25:21 6. Appointment to the Economic Development Council (Brunckhorst) 2:25:49 Brit Fontenot, Economic Director Mr. Fontenot gave the staff presentation regarding the appointees to the Economic Development Council. 2:26:02 Motion and Vote to appoint Erik Garberg to the Economic Development Council. It was moved by Cr. Andrus, seconded by Cr. Taylor to appoint Erik Garberg to the Economic Development Council. Those voting Aye being Crs. Andrus, Taylor and Mayor Becker. Those voting No being none. The motion passed 3-0. 2:27:22 7. Appointment to the Recreation and Parks Advisory Board (Brunckhorst) 2:27:35 Motion and Vote to appoint Richard Shanahan to the Recreation and Parks Advisory Board. Those voting Aye being Crs. Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 3-0. 2:27:43 J. FYI/Discussion 2:27:49 1. Planning Director Tim McHarg's last meeting Mr. Kukulski thanked Mr. McHarg for his service as the Planning Director. 2:29:24 2. Commission meeting, 11 a.m. on Monday, December 17th. 2:29:44 3. Packets ‘ 2:31:17 K. Adjournment Mayor Becker adjourned the meeting at 8:33 p.m. 22 Minutes of the Bozeman City Commission, November 19, 2012 Page 10 of 10 ____________________________________ Sean A. Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________ 23