HomeMy WebLinkAbout10-07-13 Minutes, draft
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, October 7, 2013 Deputy Mayor - Jeff Krauss: Present
Mayor - Sean Becker: Present
Commissioner - Carson Taylor: Present
Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Absent Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk
Stacy Ulmen.
A. 06:04:39 PM Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
B. 06:04:45 PM Pledge of Allegiance and a Moment of Silence
06:05:18 PM Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the
Agenda. Mr. Kukulski stated no.
C. 06:05:23 PM Authorize Absence of Cr. Andrus
06:05:27 PM Motion and Vote to approve the absence of Cr. Andrus.
Commissioner - Chris Mehl: Motion
Commissioner - Carson Taylor: 2nd Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
D. 06:05:35 PM Minutes – September 23, 2013
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Bozeman City Commission Agenda, October 7, 2013
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06:05:36 PM Motion and Vote to approve the minutes of September 23, 2013 as
submitted.
Commissioner - Carson Taylor: Motion Deputy Mayor - Jeff Krauss: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent
E. 06:05:44 PM Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize Kagy Garden Minor Subdivision Preliminary Plat Findings of
Fact and Order, Application P13020 (Rogers) 3. Approve Resolution 4482, Authorizing Change Order 1 for the 2013
Sewer Rehabilitation Project (Murray)
4. Approve Resolution 4440, Expressing Support for Efforts to Construct an
Ice Climbing Tower and attached Performance Venue at the Gallatin
County Fairgrounds (Fontenot)
06:05:54 PM Public Comment
Mayor Becker opened public comment.
06:06:08 PM Conrad Anker, Public Comment
Mr. Anker spoke regarding joint efforts and endorsement and support by the City for the
Ice Climbing Tower item on the Consent agenda.
06:06:30 PM Public Comment closed
Mayor Becker closed Public Comment.
06:06:32 PM Motion and Vote to approve Consent Items E. 1-4 as submitted. Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent F. 06:06:45 PM Public Comment Mayor Becker opened general public comment.
No person commented.
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Bozeman City Commission Agenda, October 7, 2013
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Mayor Becker closed general public comment.
G. 06:07:16 PM Action Items
1. 06:07:21 PM Resolution 4476, Levying and Assessing a Special
Assessment to Collect Delinquent Water and Sewer Charges (Rosenberry)
06:08:00 PM Staff Presentation Administrative Services Director Anna Rosenberry gave the staff presentation regarding
Resolution 4476, Levying and Assessing a Special Assessment to Collect Delinquent
Water and Sewer Charges.
06:08:47 PM Commission questions for Staff The Commission spoke regarding why this item is not on the Consent agenda and which
bill this is placed on by the City.
06:09:57 PM Public Comment Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
06:10:07 PM Motion and Vote to move to approve Resolution 4476, levying and assessing a special assessment to collect delinquent water and sewer charges.
Commissioner - Chris Mehl: Motion
Commissioner - Carson Taylor: 2nd
Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner-Cyndy Andrus: Absent 2. 06:10:29 PM Resolution 4477, Levying and Assessing a Special
Assessment to Collect Delinquent Solid Waste Charges (Rosenberry)
06:10:41 PM Staff Presentation
Administrative Services Director Anna Rosenberry gave the staff presentation regarding
Resolution 4477, Levying and Assessing a Special Assessment to Collect Delinquent
Solid Waste Charges.
06:11:35 PM Commission questions for Staff
The Commission and staff discussed the address of the Bozeman Blitz in regards to their
assessment.
06:12:11 PM Public Comment
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Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
06:12:22 PM Motion and Vote to approve Resolution 4477, levying and assessing a
special assessment to collect delinquent solid waste charges.
Commissioner - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
3. 06:12:47 PM Resolution 4478, Levying and Assessing a Special
Assessment for Delinquent Snow Removal Charges (Rosenberry)
06:13:03 PM Staff Presentation
Administrative Services Director Anna Rosenberry gave the staff presentation regarding
Resolution 4478, Levying and Assessing a Special Assessment for Delinquent Snow
Removal Charges.
06:13:54 PM Commission questions for Staff
06:13:57 PM Public Comment
Mayor Becker opened public comment. No person commented.
Mayor Becker closed public comment.
06:14:13 PM Motion and Vote to approve Resolution 4478, levying and assessing a
special assessment for delinquent snow removal charges.
Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent 4. 06:14:35 PM Resolution 4479, Levying and Assessing a Special Assessment for Delinquent Weed Cutting or Exterminating Charges
(Rosenberry)
06:14:53 PM Staff Presentation
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Administrative Services Director Anna Rosenberry gave the staff presentation regarding
Resolution 4479, Levying and Assessing a Special Assessment for Delinquent Weed
Cutting or Exterminating Charges
06:15:32 PM Staff Questions
The Staff and Commission spoke regarding bankruptcy on property.
06:16:05 PM Public Comment
Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment.
06:16:11 PM Motion and Vote to move to approve Resolution 4479, levying and
assessing a special assessment for delinquent weed cutting or exterminating charges. Commissioner - Chris Mehl: Motion
Commissioner - Carson Taylor: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent 5. 06:16:31 PM North Seventh Urban Renewal Board request to proceed
with a Zone Code Amendment application that includes changes and
additions to the sign section of the Unified Development Code (Brekke)
06:17:26 PM Staff Presentation
Staff Planner Allyson Brekke gave the presentation regarding the North Seventh Urban
Renewal Board request to proceed with a Zone Code Amendment application that
includes changes and additions to the sign section of the Unified Development Code
(Technical difficulties occurred during this portion of the video streaming and about 10
minutes was lost)
Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment. 06:42:19 PM Motion to direct staff in the Department of Community Development to
proceed with a Zone Code Amendment application that includes the changes
recommended by the North 7th Urban Renewal Board.
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Commissioner - Carson Taylor: Motion
Deputy Mayor - Jeff Krauss: 2nd
06:42:37 PM Commission Discussion on the Motion
The Commission discussed spoke regarding allowing improvements, concern of
unintended consequences, existing signage, intent and fairness.
06:50:56 PM Vote on the Motion to direct staff in the Department of Community
Development to proceed with a Zone Code Amendment application that includes the changes recommended by the North 7th Urban Renewal Board.
Commissioner - Carson Taylor: Motion Deputy Mayor - Jeff Krauss: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent
6. 06:51:07 PM Preliminary Plat for Loyal Garden Major Subdivision to
subdivide (replat) two existing lots to create six Single Household Residential Lots on 1.1735-acres, Application P13022 (property generally
located south of Golden Gate Avenue) (Quasi-Judicial) (Rogers)
Planning Board Resolution added 10-7-13
06:51:55 PM Staff Presentation
Tom Rogers gave the Staff presentation regarding the Preliminary Plat for Loyal Garden
Major Subdivision to subdivide (replat) two existing lots to create six Single Household
Residential Lots on 1.1735-acres, Application P13022 (property generally located south of Golden Gate Avenue).
07:00:15 PM Commission questions for Staff
The Commission and Applicant discussed Restricted Sized Lots, waiving RSLs in prior
applications. 07:01:48 PM Applicant Presentation
The Applicant representative gave the presentation regarding the Preliminary Plat for
Loyal Garden Major Subdivision to subdivide (replat) two existing lots to create six
Single Household Residential Lots on 1.1735-acres, Application P13022 (property generally located south of Golden Gate Avenue).
07:02:41 PM Public Comment
Mayor Becker opened public comment
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07:03:04 PM Lance Leehigh, Public Comment
Mr. Leehigh spoke regarding his property in the area and stated that there has been a lot
of development lately in this area. There is a nice community going on out there. He
likes the proposal.
07:04:18 PM Public Comment closed.
Mayor Becker closed public comment.
07:04:26 PM Motion that having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for application P-13022 and move to approve the preliminary plat for the Amended Plat of Lots 3 & 4, Block 3, Loyal Garden Major Subdivision Phase 1A
subject to the conditions listed in Planning Board Resolution P13022.
Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
07:05:22 PM Commission discussion on the Motion
07:06:23 PM Vote on the Motion that having reviewed the application materials,
considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for application P-13022 and move to approve the
preliminary plat for the Amended Plat of Lots 3 & 4, Block 3, Loyal Garden Major
Subdivision Phase 1A subject to the conditions listed in Planning Board Resolution P13022. Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
7. 07:06:34 PM Table Application for Laurel Glen Lot 1, Block 4 Growth
Policy Amendment, Application P13024, 964 Longbow Lane, to a date
uncertain (Saunders)
07:06:41 PM Staff Presentation
Community Development Director Wendy Thomas gave the staff presentation to table
Application for Laurel Glen Lot 1, Block 4 Growth Policy Amendment, Application P13024, 964 Longbow Lane, to a date uncertain.
07:07:28 PM Public Comment
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Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
07:07:45 PM Motion and Vote to hereby table growth policy amendment application P-
13024 to a date uncertain and direct that necessary noticing be provided when the application is to be lifted from the table for consideration.
Commissioner - Chris Mehl: Motion Commissioner - Carson Taylor: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent 8. 07:08:37 PM Preliminary Plat for the Homes at Bridger Peaks Estates
Major Subdivision to subdivide approximately 1.9 acres into 10 lots for
property located at the northeast corner of West Babcock Street and Meagher Avenue across from the Hyalite Elementary School, Application
P13026 (Quasi-Judicial) (Riley)
07:10:10 PM Staff Presentation Staff planner Doug Riley gave the staff presentation regarding Preliminary Plat for the
Homes at Bridger Peaks Estates Major Subdivision to subdivide approximately 1.9 acres
into 10 lots for property located at the northeast corner of West Babcock Street and
Meagher Avenue across from the Hyalite Elementary School, Application P13026.
07:14:13 PM Commission questions for Staff
The Commission spoke regarding the density, compatibility, prior plans with the
property, water issues in the area.
07:22:46 PM Applicant Presentation The Applicant representative gave the staff presentation regarding the Preliminary Plat
for the Homes at Bridger Peaks Estates Major Subdivision to subdivide approximately
1.9 acres into 10 lots for property located at the northeast corner of West Babcock Street
and Meagher Avenue across from the Hyalite Elementary School, Application P13026
07:26:28 PM Commission questions for Applicant.
The Commission and applicant discussed Condition no. 10 as the applicant has asked the
Commission to strike the condition. They have made efforts to contact possible parties
responsible.
07:33:30 PM Public Comment
Mayor Becker opened public comment.
07:33:49 PM Sheryl Moregoff, Public Comment
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Ms. Moregoff spoke regarding the Stormwater drainage detention site and her concern of
the flooding.
07:35:36 PM Ms. Rogers, Public Comment Ms. Rogers spoke regarding flooding and stated that it is a real problem. She also spoke
regarding the appearance of the proposal and what it will do with the existing
neighborhood. She spoke regarding her concern of parking issues and traffic issues.
07:37:52 PM Robin Styler, Public Comment Ms. Styler spoke regarding her concern is what is will happen to the water once there is
asphalt. She spoke regarding her concern of realignment of the ditch.
07:39:23 PM Mike Cole, Public Comment
Mr. Cole spoke regarding his concern of the flooding and the configuration of the subdivision.
07:45:26 PM Sherri Cole, Public Comment
Ms. Cole stated that the lot size bugs her. She would like to see a little bigger lots.
07:47:38 PM Public Comment Closed
Mayor Becker closed public comment.
07:47:45 PM Applicant rebuttal
The Applicant spoke regarding parking requirements.
07:49:35 PM Commission questions for Staff
The Commission and the staff discussed the storm retention pond, design standards, and
monitoring of the retention pond in the future.
07:52:08 PM Motion that having reviewed the application materials, considered public
comment, and the staff analysis, I hereby adopt the findings presented in the staff report and move to approve the preliminary plat for the Homes at Bridger Peaks
Estates Major Subdivision requested in application P13026 subject to the conditions
listed in Planning Board Resolution P13026.
Commissioner - Carson Taylor: Motion
Deputy Mayor - Jeff Krauss: 2nd
07:52:39 PM Commission discussion on the Motion
07:59:03 PM Amendment and Motion and Vote to eliminate condition no. 10.
Commissioner - Carson Taylor: Motion Deputy Mayor - Jeff Krauss: 2nd
Deputy Mayor - Jeff Krauss: Approve
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Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
07:59:19 PM Amendment and Motion and Vote to add a Condition that states: “The
applicant’s Engineer shall certify that the proposed work regarding the irrigation will
not more adversely affect the adjacent neighbors”.
Commissioner - Carson Taylor: Motion
Deputy Mayor - Jeff Krauss: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
08:01:04 PM Discussion on Main motion as amended.
08:12:53 PM Vote on the Main Motion as amended that having reviewed the
application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report and move to approve the preliminary
plat for the Homes at Bridger Peaks Estates Major Subdivision requested in
application P13026 subject to the conditions listed in Planning Board Resolution P13026. Commissioner - Carson Taylor: Motion
Deputy Mayor - Jeff Krauss: 2nd
Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
9. 08:13:18 PM Municipal Code Amendment to Article 38.11 Urban Mixed
Use Zoning District, Application Z13164 to be Opened and Continued
(Saunders)
08:13:47 PM Staff presentation
Community Development Director Wendy Thomas gave the staff presentation regarding
Municipal Code Amendment to Article 38.11 Urban Mixed Use Zoning District,
Application Z13164 to be opened and continued.
08:14:42 PM Public Comment
Mayor Becker opened public comment.
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No person commented.
Mayor Becker closed public comment.
08:14:59 PM Motion and Vote to open and continue application Z13164 to October 28, 2013. Commissioner - Carson Taylor: Approve
Deputy Mayor - Jeff Krauss: Motion
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: 2nd
Commissioner - Cynthia Andrus: Absent
H. 08:15:25 PM FYI/Discussion 1. Wear blue and gold in support of the MSU Bobcats next week! I. 08:16:19 PM Adjournment
Mayor Becker adjourned the meeting at 8:16 p.m.
______________________________ Sean A. Becker, Mayor
ATTEST:
______________________________________ Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________ Stacy Ulmen, City Clerk
Approved on ___________________________
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