HomeMy WebLinkAbout11-19-12 Minutes, City Commission 4k
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 wordlfbr 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.
0:01:1.4 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 b
A 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
L Authorize Payment of Accounts Payable Claims(LaMeres)
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Minutes of the Bozeman City Commission,November 19,2012
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 forthe 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 1. 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
Pen-nit with Master Site Plan at 4769 West Babcock Street,Application 2412254,
0:26:31 Questions for Staff
The Commission and staff discussed condition 18, easements, street networks, trails, the home
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Minutes of the Bozeman City Commission,November 19,2012
owner's association letter, waivers of right to protest and Street lmprolvement 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 I 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.
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Minutes of the Bozeman City Commission,November 19,2012
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 fora lication 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 Ale 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.
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Minutes of the Bozeman City Commission,November 19,2012
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. Ile 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 Arteraft Food and Drink with the recommended conditions I-I 6(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 12resented,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 Arteraft Food and Drink with
the recommended conditions 1-16(12er amendments added 17 & 18 but 19 remains stricken)
and sub
ject 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 fa4;ade 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 facade shall incorporate a desian feature that
visually represents a kick plate.
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Minutes of the Bozeman City Commission,November 19,2012
2:04:15 Vote on the Amendment that Condition No. 17 be modified to read that the
proposed door to the south faVade shall incorporate a design feature that visually
represents a kick plate.
Those votine Aye being Crs. Taylor,Andrus and Mayor Becker.
Those votine No being none.
The motion passed 3-0.
2.04:21 Amendment and Vote that Condition No. 1.8 be modified to read that the center
door on the south front faVade 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 facade may he enclosed but shall incorporate
additional glazing.
Those votiniz Aye being Crs. Taylor, Andrus and Mayor Becker.
Those votint! No beiniz 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 Arteraft 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, TgIlor and Mayor Becker.
Those voting No being none.
The motion passed 3-0.
2:06:113. 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.
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Minutes of the Bozeman City Commission,November 19 2012
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 apl2lication P-1201.2 and move to approve the
Preliminary plat for Cowdrey,Minor Subdivision, authorizin l! 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. McIlarg gave the staff presentation regarding Adoption of Criteria for City of Bozeman
Support of Low Income Housing Tax Credit (LII-ITC) 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.
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Minutes of the Bozeman City Commission,November 19,2012
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. Ta ylor 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 Ave being Crs. Andrus, Taylor and Mayor Becker.
Those voting No bein$t none.
The motion passed 3-0.
2:17:315. 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, applyinLy the "rollinp, rule" to city facilities and
amending the fine for parking,longer than 48 hours.
2:23.51 Discussion on the Motion
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Minutes of the Bozeman City Commission,November 19,2012
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 Ave being Crs. Taylor, Andrus and Mayor Becker.
Those voting No being none.
The motion passed 3-0.
2:25:216. 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 Garber e to the
Economic Development Council.,
Those voting Aye bein Crs. Andrus, Taylor and Mayor Becker.
Those voting No beinp_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 Ave beinli 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, I I a.m. on Monday, December 17th,
2:29:44 3. Packets
4
2:31:17 K. Adjournment
Mayor Becker adjourned the meeting at 8:33 p.m.
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Minutes of the Bozeman City Commission,November 19,2012
Sean A. Becker, Mayor
ATTEST:
I EST: .;
Stacy Ulmen TC icy le ,
r
PREPARED BY: `
Stacy Ulen, CIVIC City Cl rk
Approved on�U uljn gz
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