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Home My WebLink About10-28 Min.pdf Page 1 of 10 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, October 14, 2013 Deputy Mayor - Jeff Krauss: Present Mayor - Sean Becker: Present Commissioner - Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Present Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. A. 06:02:57 PM Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Avenue Mayor Becker called the Meeting to order at 6:02 p.m. B. 06:03:07 PM Pledge of Allegiance and a Moment of Silence C. 06:03:47 PM Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated no. D. 06:03:59 PM Public Service Announcement – Candidate Forums for Bozeman City Commission & Mayor sponsored by the League of Women Voters and the Inter-Neighborhood Council on Tuesday, October 22, 2013 at 6:45 p.m. in the Commission Room, City Hall, 121 North Rouse Avenue (Brekke)  E. 06:04:45 PM Minutes – September 30, 2013  06:05:05 PM Motion and Vote to approve the minutes of September 30, 2013 as submitted. Commissioner - Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve 5 Bozeman City Commission Minutes, October 14, 2013 Page 2 of 10 Commissioner - Cynthia Andrus: Approve F. 06:05:02 PM Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres)  2. Authorize a Trail Easement with Map Brewing Company (Heaston)  3. Ratify the City Manager’s execution of a Professional Services Agreement with Transmap for $140,755.24 for the purchase and implementation of a Citywide Pavement Management System (Heaston)  4. Acknowledge and Approve receipt of a Petition from the Montana Department of Transportation to discontinue Montana Avenue, Juniper Street, Hemlock Street and the alleys in Blocks 14, 15 & 28 Imes Addition (Winn)  06:05:07 PM Public Comment Mayor Becker opened Public comment on the Consent Agenda. No person commented. Mayor Becker closed Public comment. 06:05:16 PM Motion and Vote to approve Consent Items F. 1-4 as submitted. Commissioner - Cynthia Andrus: 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: Approve G. 06:05:34 PM Public Comment Mayor Becker opened general public comment. 06:06:13 PM Mr. Delmue spoke regarding the need for deviations to remain. This is a request for some flexibility. Jason Delmue, Public Comment 06:09:20 PM Public Comment closed Mayor Becker closed public comment. H. 06:09:24 PM Action Items 1. 06:09:25 PM Resolution 4481, Eliminating the "Automatic Clearing House (ACH) Incentive" section from Resolution 4454, Rates for Wastewater (Sewer) Service, and Resolution 4327, Rates for Water Service (Rosenberry)  06:09:50 PM Staff Presentation 6 Bozeman City Commission Minutes, October 14, 2013 Page 3 of 10 Director of Administrative Services, Anna Rosenberry gave the staff presentation regarding Resolution 4481, Eliminating the "Automatic Clearing House (ACH) Incentive" section from Resolution 4454, Rates for Wastewater (Sewer) Service, and Resolution 4327, Rates for Water Service. 06:14:51 PM Commission Questions for Staff The Commission and staff discussed the recent change of banks resulting in the ACH transaction fee, processing fees, different methods of payment and labor intensive methods. 06:19:05 PM Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 06:19:16 PM Motion and Vote to approve Resolution 4481, eliminating the automatic clearing house incentive section from Resolution 4454, rates for wastewater service and Resolution 4327, rates for water service. Commissioner - Chris Mehl: 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: Approve 2. 06:20:01 PM Resolution 4472, Creating Special Improvement Lighting District 716 for The Crossing 2 (Rosenberry)  06:20:42 PM Staff Presentation Director of Administrative Services Anna Rosenberry gave the staff presentation regarding Resolution 4472, Creating Special Improvement Lighting District 716 for The Crossing 2. 06:22:04 PM Commission Questions for Staff The Commission and Staff discussed Vaquero Parkway construction, street light locations and the height of the street lights. 06:24:50 PM Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 06:24:56 PM Motion and Vote Improvement Lighting District 716 for the Crossing 2. to approve Resolution 4472, creating Special 7 Bozeman City Commission Minutes, October 14, 2013 Page 4 of 10 Deputy Mayor - Jeff Krauss: 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: Approve 3. 06:25:36 PM Resolution 4483, Amending Fiscal Year 2014 Street Maintenance Fund Budget for Block M Development’s Installation of Public Infrastructure for the Purpose of Promoting Infill within the Downtown Core; Providing a $39,470 Cost-Share to the Development (Woolard)  06:26:07 PM Staff Presentation Director of Public Works Craig Woolard gave the staff presentation regarding Resolution 4483, Amending Fiscal Year 2014 Street Maintenance Fund Budget for Block M Development’s Installation of Public Infrastructure for the Purpose of Promoting Infill within the Downtown Core; Providing a $39,470 Cost-Share to the Development 06:28:59 PM Commission Questions for Staff The Commission and staff discussed residential infill, the downtown core, scale and other projects. 06:31:49 PM Public Comment Mayor Becker opened public comment No person commented Mayor Becker closed public comment. 06:32:02 PM Motion move to approve Resolution 4483, amending fiscal year 2014 street maintenance fund budget for Block M Development’s Installation of Public Infrastructure for the purpose of promoting infill within the downtown core, providing a $39,470 Cost-Share to the Development. Commissioner - Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd 06:32:27 PM Commission discussion on the Motion The Commission discussed promoting infill and this project having the downtown core area in mind. 06:34:43 PM Vote on the Motion move to approve Resolution 4483, amending fiscal year 2014 street maintenance fund budget for Block M Development’s Installation of Public Infrastructure for the purpose of promoting infill within the downtown core, providing a $39,470 Cost-Share to the Development. 8 Bozeman City Commission Minutes, October 14, 2013 Page 5 of 10 Commissioner - Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve 4. 06:34:54 PM Taylor Residence Certificate of Appropriateness for a two-dwelling unit residential structure at 300 North Bozeman Avenue with a Zoning Variance, Application C13004 (Quasi-Judicial) (Kramer)  Additional staff memorandum added 10-11-13  06:35:58 PM Staff Presentation Courtney Kramer, Historic Preservation Officer began the Staff Presentation. Director of Community Development Wendy Thomas gave an overview of the deviation and variance policy. 06:46:06 PM Commission Questions for Staff The Commission and staff discussed past approvals of deviations and the criteria for those approvals. 06:48:43 PM Continued Staff Presentation. Ms. Kramer continued the Staff Presentation. 06:52:23 PM Commission Questions for Staff The Commission and staff discussed dropping Condition No. 3 in regards to cash-in-lieu of water rights, the public good being served, hardships, parking and intent. Applicant Presentation The Applicant representative gave their presentation for the Taylor Residence Certificate of Appropriateness for a two-dwelling unit residential structure at 300 North Bozeman Avenue with a Zoning Variance, Application C13004. 07:12:43 PM Commission Questions for Applicant 07:13:49 PM Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 07:14:11 PM Commission Discussion The Commission discussed the scope and time frame, grandfathering, variances, setbacks, the need for a higher level discussion in regards to items such as this application, the need for equal treatment, massing and the need for a continued infill discussion. 9 Bozeman City Commission Minutes, October 14, 2013 Page 6 of 10 07:44:20 PM Motion that having reviewed the application materials, considered public comment, and the information presented, I hereby adopt the findings provided in the staff report regarding the requested Variance from section (BMC) 38.08.040- 2 “Lot Width Table” and hereby move to deny the requested variance. Commissioner - Cynthia Andrus: Motion Commissioner - Carson Taylor: 2nd 07:45:21 PM Commission discussion on the Motion 07:50:39 PM Vote on the Motion that having reviewed the application materials, considered public comment, and the information presented, I hereby adopt the findings provided in the staff report regarding the requested Variance from section (BMC) 38.08.040- 2 “Lot Width Table” and hereby move to deny the requested variance. Commissioner - Cynthia Andrus: Motion Commissioner - Carson Taylor: 2nd Deputy Mayor - Jeff Krauss: Disapprove Mayor - Sean Becker: Disapprove Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Disapprove Commissioner - Cynthia Andrus: Approve 07:50:56 PM Motion that having reviewed the application materials, considered public comment, and all of the information presented, I hereby find that the variance criteria are met by the findings defined by Deputy Mayor Krauss, for application C-13004 and move to approve the Taylor Duplex Sketch Plan application with Certificate of appropriateness, and request for a Variance from BMC 38.08.040- 2 “Lot Width Table” with conditions, except for Condition No. 3, and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor - Jeff Krauss: 2nd 07:51:29 PM The Commission discussed the need to revisit the past, protecting propertied, substantial justice, the deviation process and that this application is appropriate infill development. Commission Discussion on the Motion. 07:54:59 PM Vote on the Motion that having reviewed the application materials, considered public comment, and all of the information presented, I hereby find that the variance criteria are met by the findings defined by Deputy Mayor Krauss, for application C-13004 and move to approve the Taylor Duplex Sketch Plan application with Certificate of appropriateness, and request for a Variance from BMC 38.08.040- 2 “Lot Width Table” with conditions, except for Condition No. 3, and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor - Jeff Krauss: 2nd 10 Bozeman City Commission Minutes, October 14, 2013 Page 7 of 10 Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Disapprove Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Disapprove 07:55:12 PM Motion to Direct staff to present to the Commission as soon as possible their recommendations of how to resolve the issue of the neighborhood conservation overlay area and our desire to stimulate both restoration, rehabilitation and structures in those areas. (The growth policy, the zoning and the historic overlay, entry way corridor) Commissioner - Chris Mehl: 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: Approve 5. 07:56:30 PM Appointment to the Planning Board (Brunckhorst)  07:56:45 PM Motion and Vote to approve the Mayor’s appointment of Guy Alsentzer to the City Planning Board. 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: Approve 6. 07:57:08 PM Appointment to the Wetlands Review Board (Brunckhorst)  07:57:08 PM Motion and Vote to appoint Guy Alsentzer to the Wetlands Review Board. Commissioner - Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve 11 Bozeman City Commission Minutes, October 14, 2013 Page 8 of 10 7. 07:57:24 PM Appointment to the Zoning Commission (Brunckhorst)  The Commission would like more applicants for this position. 07:58:11 PM Break Mayor Becker declared a Break I. 08:13:36 PM Optional Concept Review 1. Major Subdivision pre-application review for subdividing 23 acres into six lots for B-2 (Community Business) development for Catron Crossing, Application P13029, (west side of Valley Center Road, north of Catamount Street) (Riley)  08:14:15 PM Staff Presentation Staff Planner Doug Riley, gave the staff presentation for Major Subdivision pre- application review for subdividing 23 acres into six lots for B-2 (Community Business) development for Catron Crossing, Application P13029, (west side of Valley Center Road, north of Catamount Street) 08:26:41 PM Commission Questions for Staff 08:28:16 PM Applicant Presentation The Applicant gave their presentation regarding Major Subdivision pre-application review for subdividing 23 acres into six lots for B-2 (Community Business) development for Catron Crossing, Application P13029, (west side of Valley Center Road, north of Catamount Street). He focused on the water course setback. 08:40:20 PM Commission questions and input for Applicant The Commission and applicant discussed the Fish, Wildlife and Parks concerns, the pattern of development, the bridge area and the setbacks from the stream, 09:05:57 PM Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. J. 09:06:17 PM Policy Discussion 09:06:58 PM Break Mayor Becker declared a short break to set up for the Policy Discussion. 09:12:50 PM Back to order Mayor Becker called the meeting back to order. 12 Bozeman City Commission Minutes, October 14, 2013 Page 9 of 10 09:12:57 PM 1. City Commission Goal No. 12: Demolition by Neglect (Kramer)  Historic Preservation Officer Courtney Kramer gave the staff presentation regarding City Commission Goal No. 12: Demolition by Neglect 09:30:45 PM Commission questions for staff 09:32:07 PM Public Comment Mayor Becker opened public comment. 09:32:16 PM Mr. Chambers stated that to him, this is a wait and see policy. He has two concerns. One is that he is not sure how well it will address situations where people purposely let facilities become run down and second, it doesn’t address the issue of the loop hole of the City Historic Preservation Ordinance. David Chambers, Public Comment 09:35:25 PM Public Comment closed Mayor Becker closed public comment. 09:35:40 PM Commission and Staff Discussion. The Commission and staff discussed intentional neglect and the two year stay, the need to look at what other communities are doing, the quality of life program, City involvement, the expectation of maintaining historic properties, the need for more information on outreach and to look at incentives. K. 10:08:26 PM FYI/Discussion 1. Thank you regarding prior discussion on the Variance application. L. 10:09:20 PM Adjournment Mayor Becker adjourned the meeting at 10:09 p.m. ______________________________ Sean A. Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ 13 Bozeman City Commission Minutes, October 14, 2013 Page 10 of 10 Stacy Ulmen, City Clerk Approved on ___________________________ 14