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HomeMy WebLinkAbout05-06-13 Draft Minutes_3 Page 1 of 12 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 6, 2013 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, May 6, 2013. Present were Mayor Sean Becker, Deputy Mayor Krauss, Commissioner Cyndy Andrus, Commissioner Carson Taylor, Commissioner Chris Mehl, City Manager Chris Kukulski, 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. 0:00:38 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Becker called the regular meeting to order at 6 p.m. 0:00:41 B. Pledge of Allegiance and a Moment of Silence 0:01:40 C. Changes to the Agenda City Manager Chris Kukulski reported that there may be a change to the agenda to remove Consent Item 7. Approve Resolution No. 4434, supporting the Broadband Steering Committee in their efforts to bring fast, reliable and affordable Broadband Internet Services to the region in furtherance of the City's Economic Development Goals and move it to the first Action Item of the evening. The Commission agreed. City Clerk Stacy Ulmen reported that a Public Service Announcement has been added for Bike to Work Week. 0:02:38 Public Service Announcement-Bike to Work Week John VanDelinder, Staff Liaison to the Bike Board gave a PSA regarding Bike to Work week. 0:03:51 D. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize Mayor to sign a Preliminary Plat Findings of Fact and Order for the Knoll at Baxter West Subdivision, Application P-12014 (Skelton) 3. Authorize Mayor to sign a Preliminary Plat Findings of Fact and Order for The Crossing at Baxter Meadows, Phase 4B-4I, Application P-12017 (Skelton) 30 Minutes of the Bozeman City Commission, May 6, 2013 Page 2 of 12 4. Authorize City Manager to sign a Contract Extension with Nishkian Monks, PPLC for the second phase of the Structural Assessment, Condition Report, and Construction Estimates for Fire Station One at 34 North Rouse Avenue (Goehrung) 5. Accept the Building Division Report for the quarter ending March 31, 2013 (Risk) 6. Ratify City Manager's signature accepting Grant funding in the amount of $10,000 from the Montana Board of Crime Control (McLane) 7. Approve Resolution No. 4434, supporting the Broadband Steering Committee in their efforts to bring fast, reliable and affordable Broadband Internet Services to the region in furtherance of the City’s Economic Development Goals (Fontenot) *Removed 8. Approve Resolution No. 4436, Declaring the Intent to create Special Improvement Lighting District 715, Norton East Ranch, Phase 2 (Clark) 9. Approve Resolution No. 4437, Amending the Fiscal Year 2013 Fire Capital & Equipment Replacement Budget for Purchase of a 100 foot Mid-mount Aerial Platform Truck (Shrauger) 10. Approve Resolution No. 4438, Establishing a Public Right-of-Way in Block E of Rouse’s 2nd Addition, Reestablishing a Public Right-of-Way in the southern portion of the Alley of Block E, and Authorizing the Aggregation of Lots 21 – 30 of Block E (Sullivan) 11. Authorize City Manager to sign a Purchase Agreement with Sutphen Corporation in the amount of $1,100,389.86 for a 100 foot Mid-mount Aerial Platform Truck (Shrauger) 12. Provisionally Adopt Ordinance No. 1865, adopting a Zone Map Amendment to R-4 Zoning (Residential, High Density) for Tract C of the Amended Plat of the Van Horn Subdivision on Fowler Road, Application Z-12219, First Baptist Church (Skelton) 13. Finally Adopt Ordinance No. 1848, establishing a Zoning Designation of R-1 (Residential, Single-Household Low Density) on 1.92 acres for Lot 9, Block 1, Walker Property Subdivision, Application Z-12091 (Skelton) 0:03:58 Public Comment Mayor Becker opened public comment on the Consent Agenda. No person commented. Mayor Becker closed public comment. 0:04:10 Motion and Vote to approve Consent Items D. 1-6 and 8-13 as submitted. It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to approve Consent Items D. 1-6 and 8-13 as submitted. Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:04:30 E. Public Comment Mayor Becker opened general public comment. 31 Minutes of the Bozeman City Commission, May 6, 2013 Page 3 of 12 0:04:54 Jerry Pape, Public Comment Mr. Pape spoke regarding business opportunities and the importance of accountability. 0:08:31 Public Comment closed Mayor Becker closed public comment. 0:08:38 F. Action Items 0:08:39 Consent Item No. 7 Approve Resolution No. 4434, supporting the Broadband Steering Committee in their efforts to bring fast, reliable and affordable Broadband Internet Services to the region in furtherance of the City's Economic Development Goals (Fontenot) 0:08:50 Brit Fontenot, Economic Director Mr. Fontenot gave the staff presentation regarding Resolution No. 4434, supporting the Broadband Steering Committee in their efforts to bring fast, reliable and affordable Broadband Internet Services to the region in furtherance of the City's Economic Development Goals. 0:10:45 Commission discussion The Commission discussed Dr. Dewitt Latimer, Montana State University’s Chief Information Officer and chair of the Committee's recent death an offered their condolences. They also discussed Mr. Fontenot's position with the Committee, the goal of the Committee and what is being looked at currently in terms of connectivity and providers. 0:14:52 Motion and Vote to Approve Resolution No. 4434, supporting the Broadband Steering Committee in their efforts to bring fast, reliable and affordable Broadband Internet Services to the region in furtherance of the City's Economic Development Goals. It was moved by Cr. Taylor, seconded by Cr. Mehl to Approve Resolution No. 4434, supporting the Broadband Steering Committee in their efforts to bring fast, reliable and affordable Broadband Internet Services to the region in furtherance of the City's Economic Development Goals. Those voting Aye being Crs. Taylor, Mehl, Andrus, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 32 Minutes of the Bozeman City Commission, May 6, 2013 Page 4 of 12 0:15:13 1. Conditional Use Permit and Certificate of Appropriateness with Deviations and Variance Application Z-13052 for a Town Pump at 803 East Main Street (Quasi- Judicial) (Krueger) 0:15:51 Brian Krueger, Development Review Manager Mr. Krueger gave the staff presentation regarding Conditional Use Permit and Certificate of Appropriateness with Deviations and Variance Application Z-13052 for a Town Pump at 803 East Main Street. 0:35:09 Commission Questions for staff The Commission and Staff discussed the Urban Core, the design objectives, the granting of deviations, fuel truck access, the approach onto East Main, flood plain review, egress and the design and signalization in the area and the turn movements. 0:53:32 Applicant Presentation The Applicant representative gave that staff presentation for the Conditional Use Permit and Certificate of Appropriateness with Deviations and Variance Application Z-13052 for a Town Pump at 803 East Main Street. They spoke regarding access and the fuel tank location. 1:03:59 Commission questions for Applicant The Commission and Applicant discussed the southern area curb and the fuel area, safety on the site and the fuel tank location. 1:22:32 Public Comment Mayor Becker opened public comment. 1:22:40 Mike Delaney, Public Comment Mr. Delaney stated that he owns properties adjacent to this project. He agrees the right hand turn lane and concurs with its safety. 1:26:11 Public Comment closed Mayor Becker closed public comment. 1:26:33 Commission Questions for Staff The Commission and staff discussed mountable curbs and the value of the project. 1:30:34 Motion that having reviewed the application, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13052 and move to approve with conditions the variance to Section 33 Minutes of the Bozeman City Commission, May 6, 2013 Page 5 of 12 38.10.050.A.2 BMC to encroach 13 feet into the required minimum 25 foot front yard for parking and loading areas with conditions. It was moved by Cr. Mehl, seconded by Cr. Andrus that having reviewed the application, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13052 and move to approve with conditions the variance to Section 38.10.050.A.2 BMC to encroach 13 feet into the required minimum 25 foot front yard for parking and loading areas with conditions. 1:31:11 Commission Discussion on the Motion 1:32:50 Vote on the Motion that having reviewed the application, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13052 and move to approve with conditions the variance to Section 38.10.050.A.2 BMC to encroach 13 feet into the required minimum 25 foot front yard for parking and loading areas with conditions. Those voting Aye being Crs. Mehl, Andrus, Deputy Mayor Krauss, Cr. Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 1:33:17 Motion that having reviewed the application, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13052 and move to approve the conditional use permit and certificate of appropriateness with deviations, and variance application with conditions and subject to all applicable code provisions as amended. It was moved by Cr. Mehl, seconded by Cr. Andrus that having reviewed the application, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13052 and move to approve the conditional use permit and certificate of appropriateness with deviations, and variance application with conditions and subject to all applicable code provisions as amended. 1:33:41 Commission discussion on the Motion The Commission discussed the fuel tanks, hazards with ingress and egress, concerns of the closeness to the intersection, attracting people to downtown, the design of the station, increased access to library and improvements to what is in the area currently. 1:46:34 Amendment to the Main Motion and Vote to strike Conditions 4 and 12. 34 Minutes of the Bozeman City Commission, May 6, 2013 Page 6 of 12 It was moved by Cr. Mehl seconded by Deputy Mayor Krauss to strike Conditions 4 and 12. Those voting Aye being Cr. Mehl, Deputy Mayor Krauss, Crs. Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 1:47:15 Amendment to the Main Motion to add a condition that southern access approach onto on North Broadway shall be designed with a mountable curb. It was moved by Cr. Taylor to add a condition that southern access approach onto on North Broadway shall be designed with a mountable curb. Motion failed due to the lack of a second. 1:47:52 Vote on the Main Motion as Amended that having reviewed the application, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13052 and move to approve with conditions the variance to Section 38.10.050.A.2 BMC to encroach 13 feet into the required minimum 25 foot front yard for parking and loading areas with conditions. Those voting Aye being Crs. Mehl, Andrus, Deputy Mayor Krauss, Cr. Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 1:48:16 Break Mayor Becker declared a break. 2:03:33 Meeting called back to order Mayor Becker called the meeting back to order. 2:03:42 2. Distillery and Tasting Room Conditional Use Permit and Certificate of Appropriateness, 121 West Main Street, Application Z-13053 (Quasi-Judicial) (Krueger) 2:04:08 Brian Krueger, Development Review Manager Mr. Krueger gave the Staff presentation for the Distillery and Tasting Room Conditional Use Permit and Certificate of Appropriateness, 121 West Main Street, Application Z-13053. 35 Minutes of the Bozeman City Commission, May 6, 2013 Page 7 of 12 2:12:43 Commission Questions for staff The Commission and staff discussed state licensing and alcohol being produced on-site, building codes, sprinkling, a fire wall and accessory uses and commercial production, laws that apply to tasting rooms and enforcement. 2:32:14 Applicant Presentation Applicant Representative Steve Locatti gave the applicant presentation regarding the Distillery and Tasting Room Conditional Use Permit and Certificate of Appropriateness, 121 West Main Street, Application Z-13053. 2:36:16 Commission questions for Applicant The Commission and Applicant discussed state laws and what can be served, the definition of produce and produced, and examples of other distilleries that bring in outside product and blend. 2:46:33 Public Comment Mayor Becker opened public comment. 2:46:43 Art Wittich, Public Comment Mr. Wittich.spoke regarding uses under State Law. He asked the Commission to deny the application because of the difference between a bar and a tasting room. 2:53:21 Public Comment closed Mayor Becker closed public comment. 2:53:54 Applicant rebuttal The Applicant spoke regarding the blended process, investigations in other distilleries in Montana along with the site plan and floor plan. 2:55:35 Greg Sullivan, City Attorney Mr. Sullivan provided legal advice on approving or disapproving the application. 2:57:01 Motion that having reviewed the application, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13053 and move to approve the Conditional Use Permit with conditions and subject to all applicable code provisions. It was moved by Cr. Andrus, seconded by Deputy Mayor Krauss that having reviewed the application, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13053 and move to approve the Conditional Use Permit with conditions and subject to all applicable code provisions. 36 Minutes of the Bozeman City Commission, May 6, 2013 Page 8 of 12 2:57:28 Commission discussion on the Motion The Commission spoke regarding downtown, granting rules, on premise consumption, concern of the closing time, enforcement and what is permissible in B-3 zoning. 3:10:00 Vote on the Motion that having reviewed the application, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13053 and move to approve the Conditional Use Permit with conditions and subject to all applicable code provisions. Those voting Aye being Cr. Andrus, Deputy Mayor Krauss, Crs. Taylor, Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 3:11:06 3. Conditional Use Permit and Certificate of Appropriateness to allow automotive fuel sales at Smith's Food and Drug, 1735 West Oak Street, Application Z- 13057 (Quasi-Judicial) (Saunders) 3:11:56 Chris Saunders, Assistant Planning Director Mr. Saunders gave the staff presentation regarding a Conditional Use Permit and Certificate of Appropriateness to allow automotive fuel sales at Smith's Food and Drug, 1735 West Oak Street, Application Z-13057. 3:17:00 Commission questions for Staff The Commission and Staff discussed the review of the final site plan and the lighting in the area. 3:19:24 Applicant Presentation The Applicant Representative gave the applicant presentation for the Conditional Use Permit and Certificate of Appropriateness to allow automotive fuel sales at Smith's Food and Drug, 1735 West Oak Street, Application Z-13057. 3:20:52 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 3:20:59 Motion that having reviewed the application, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13057 and move to approve the conditional use permit and certificate of appropriateness with conditions and code provisions as outlined in the staff report. 37 Minutes of the Bozeman City Commission, May 6, 2013 Page 9 of 12 It was moved by Deputy Mayor Krauss, Seconded by Cr. Taylor that having reviewed the application, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13057 and move to approve the conditional use permit and certificate of appropriateness with conditions and code provisions as outlined in the staff report. 3:21:27 Commission discussion on the Motion 3:21:35 Vote on the Motion that having reviewed the application, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13057 and move to approve the conditional use permit and certificate of appropriateness with conditions and code provisions as outlined in the staff report. Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 3:21:48 4. Consideration to vacate a Conditional Use Permit for an accessory dwelling unit, at 1111 South Willson Avenue and allow reconstruction of a lawful non-conforming two dwelling structure, Application Z-12192A (Quasi-Judicial) (Saunders) 3:22:14 Cr. Mehl disclosure Cr. Mehl disclosed that this property is located north of his property. 3:22:53 Chris Saunders, Assistant Planning Director Mr. Saunders gave the staff presentation regarding the Consideration to vacate a Conditional Use Permit for an accessory dwelling unit, at 1111 South Willson Avenue and allow reconstruction of a lawful non-conforming two dwelling structure, Application Z-12192A. 3:27:43 Greg Sullivan, City Attorney Mr. Sullivan spoke regarding uses and timing. 3:32:07 Commission Questions for Staff The Commission and Staff discussed the Polk registry. 38 Minutes of the Bozeman City Commission, May 6, 2013 Page 10 of 12 3:36:48 Applicant Presentation The Applicant representative gave the application presentation for the Consideration to vacate a Conditional Use Permit for an accessory dwelling unit, at 1111 South Willson Avenue and allow reconstruction of a lawful non-conforming two dwelling structure, Application Z-12192A. 3:39:46 Public Comment Mayor Becker opened public comment. 3:39:57 Don Murdock, Public Comment Mr. Murdock spoke regarding Montana State University living arrangements. 3:42:27 Public Comment closed Mayor Becker closed public comment. 3:42:35 Applicant Response The Applicant spoke regarding the density of the project. 3:43:28 Mr. Sullivan Mr. Sullivan gave legal advice regarding the Commission's possible action on this item. 3:44:22 Commission Questions for applicant and Staff The Commission, applicant and staff discussed the construction schedule, the zoning and history of the property, the fire that caused damage at the property. 3:54:02 Motion that having reviewed the submitted materials, considered public comment, and considered all of the information presented, move to amend Conditional Use Permit Z- 12192 to (i) recognize the legal non-conforming status of the two household structure and related uses as existed at the time the structure was destroyed by fire in August, 2011; (ii) authorize the reconstruction of the two household structure and reestablishment of the two household use in substantially the same manner and extent as existed prior to the August, 2011 fire; and (iii) retain the previous approval of the associated certificate of appropriateness. All conditions of approval related to the Accessory Dwelling Unit as adopted September 10, 2012 shall be vacated. It was moved by Cr. Taylor, seconded by Cr. Mehl that Having reviewed the submitted materials, considered public comment, and considered all of the information presented, move to amend Conditional Use Permit Z- 12192 to (i) recognize the legal non-conforming status of the two household structure and related uses as existed at the time the structure was destroyed by fire in August, 2011; (ii) authorize the reconstruction of the two household structure and reestablishment of the two household use in substantially the same manner and extent as existed prior to the August, 2011 fire; and (iii) retain the previous approval of the associated certificate of 39 Minutes of the Bozeman City Commission, May 6, 2013 Page 11 of 12 appropriateness. All conditions of approval related to the Accessory Dwelling Unit as adopted September 10, 2012 shall be vacated. 3:55:07 Commission discussion on the Motion 3:57:20 Vote on the Motion that having reviewed the submitted materials, considered public comment, and considered all of the information presented, move to amend Conditional Use Permit Z-12192 to (i) recognize the legal non-conforming status of the two household structure and related uses as existed at the time the structure was destroyed by fire in August, 2011; (ii) authorize the reconstruction of the two household structure and reestablishment of the two household use in substantially the same manner and extent as existed prior to the August, 2011 fire; and (iii) retain the previous approval of the associated certificate of appropriateness. All conditions of approval related to the Accessory Dwelling Unit as adopted September 10, 2012 shall be vacated. Those voting Aye being Crs. Taylor, Mehl, Andrus Deputy Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:57:36 5. Appointments to the Building Division Board of Appeals (Brunckhorst) 3:57:43 Motion and Vote to reappoint Michael Kelly and David Wright to the Building Division Board of Appeals. It was moved by Cr. Mehl, seconded by Cr. Andrus to reappoint Michael Kelly and David Wright to the Building Division Board of Appeals. Those voting Aye being Crs. Mehl, Andrus, Deputy Mayor Krauss, Cr. Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 3:58:09 6. Appointment to the Planning Board (Brunckhorst) 3:59:18 Motion and Vote to confirm the Mayoral Appointment of Julien Morice to the Planning Board. It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to confirm the Mayoral Appointment of Julien Morice to the Planning Board. 40 Minutes of the Bozeman City Commission, May 6, 2013 Page 12 of 12 Those voting Aye being Cr. Mehl, Deputy Mayor Krauss, Crs. Taylor, Andrus and Mayor Becker. Those voting no being none. The motion passed 5-0. 3:59:31 G. FYI/Discussion 1. Parks and Trails Bond 2. Packets 3. Pictures 4:01:46 H. Adjournment Mayor Becker adjourned the meeting at 10:02 p.m. ____________________________________ Sean A. Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________ 41