HomeMy WebLinkAbout05-06-2013 Minutes, City Commission 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 ward far 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 Na. 4434, supporting the Broadband Steering Committee in
their efforts to bring jast, 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)
I Authorize Mayor to sign a Preliminary Plat Findings of Fact and Order for The Crossing at
Baxter Meadows, Phase 4B-41,Application P-12017 (Skelton,)
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Minutes of the Bozeman City Commission,May 5,2013
4. Authorize City Manager to sign a Contract Extension with Nish kian 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)
City's *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)
11 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 De pull Major Krauss Crs. Ta for Mehl Andrus and Mayo
Becker.
Those voting No being none.
The motion passed 5-0.
0:04:30 E. Public Comment
Mayor Becker opened ;general public comment.
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Minutes of the Bozeman City Commission,May 6,2013
0:04:54 JerrE 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. T#Alor, seconded by Cr. Mehl to Approve Resolution No. 4434
supporting the Broadband Stecrin,
z-Committee in their efforts to bring fast, reliable and
affordable Broadband Internet Services to the region in furtherance of the Citv's.Economic
Development Goals.
Those voting Ave being Crs. Taylor, Mehl, Andrus, De ly Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
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Minutes of the Bozeman City Commission,May 6,2013
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 1-13052 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
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Minutes of the Bozeman City Commission,May 6,2013
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 aj2]21ication Z-13052 and move to approve with conditions
the variance to Section 38.10.0150.A.2 BMC to encroach 13 feet into the required minimum
25 foot front and 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 Ave being Crs. Mehl, Andrus, De ly 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 bj Cr. Andrus that having reviewed the application,
considered public comment, and all information presented, I herebx adopt the findings
presented in the staff report for application Z-13052 and move to approve the conditional
usegermit and certificate of appropriateness with deviations, and variance-application
with conditions and subiect to all applicable code.grovisions 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.
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Minutes of the Bozeman City Commission,May 6,2013
It was moved by Cr. Mehl seconded by Deputy Mayor Krauss to strike Conditions 4 and
12.
Those voting Aye being Cr. Mehl, De !y Ma or Krauss, Crs. T?Alor,, 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 desi gned 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-1.3052 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, De ly Ma or Krauss, Cr. Taylor and Mayor
Becker.
Those votin2 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.
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Minutes of the Bozeman City Commission,May 6,2013
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 Wiffich,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 b
I Cr. Andrus, seconded by Depu_q Mayor Krauss that having reviewed the
application, considered public comment, and all information presented, I hereby adopt the
findin2s presented in the staff rgport for ApRlication Z-13053 and move to approve the
Conditional Use Permit with conditions and subject to all applicable code provisions.
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Minutes of the Bozeman City Commission,May 5,2013
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 Major
Becker.
Those voting No beine 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 2-
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.
3:19:2.4 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.
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Minutes of the Bozeman City Commission,May 6,2013
It was moved by De ly Mayor Krauss, Seconded by Cr.jayfor that having reviewed the
application, considered public comment, and all information presented, I hereby adopt the
findinp,presented in the staff Lqport-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 iVote 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 Ave being Deputy Mayor Krauss, Crs.-Tay for, Mehl, Andrus and Mayo
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 f o r an accessory dwelling unit, a t 1 1 1 1 South Willson Avenue and allow reconstruction
of a lawful non-conforming two dwelling structure, Application Z-I 2192A.
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.
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Minutes of the Bozeman City Commission,May 6,2013
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 1 1 1 1 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
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Minutes of the Bozeman City Commission,May 6,2013
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 Ale being Crs. TpAlor, Mehl, Andrus De ly Ma or 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 !a 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 De pull Mayor Krauss Cr. Taylor and Mayor
Becker.
Those votine 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 ky Cr. Mehl, seconded by Deputy Mayor Krauss to confirm the Mayoral
Appogintment of Julien Morice to the Planning Board.
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Minutes of the Bozeman City Commi'ssi'on,May i6,2813
Those votine Ave being Cr. Mehl, Deputy Mayor Krauss, C'rs. 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.
Scan A. Becker, Mayor
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