HomeMy WebLinkAbout11-04-13 Minutes, draft
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, November 4, 2013 A. Call to Order – 6:05 p.m. – Commission Room, City Hall, 121 North Rouse
Deputy Mayor - Jeff Krauss: Present
Mayor - Sean Becker: Present Commissioner - Carson Taylor: Present Commissioner - Chris Mehl: Present
Commissioner - Cynthia Andrus: Present B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda
06:07:34 PM
City Manager Chris Kukulski removed Action item 3, the Tracy Zone Map Amendment from the agenda per a request from the applicant.
D. Public Service Announcements
1. 06:08:28 PM Annual Beautification Award Ceremony on November 6th
at 6:30 p.m in The Baxter, 105 West Main Street (Brekke)
Allyson Brekke, Community Development Neighborhood Coordinator provided this
announcement. 2. 06:08:47 PM City Offices will be closed November 11th and the City
Commission meeting will be held on Tuesday, November 12th
(Brunckhorst)
Aimee Brunckhorst, Deputy City Clerk provided this announcement and also announced that the clerk’s office at city hall was accepting municipal ballots and would have city
hall open until 8 p.m. Tuesday, November 5th - the close of the election.
E. Minutes – October 21, 2013
Motion and Vote to approve the minutes of October 21, 2013 as submitted.
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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: Approve
The motion to approve the minutes of October 21, 2013 as submitted passed 5-0.
F. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize Findings of Fact and Order for the Amended Plat of Phase 1A Loyal Garden Major Subdivision Preliminary Plat Application, located on
the South side of Golden Gate Avenue (Rogers)
3. Approve Depository Bonds and Pledged Securities as of September 30,
2013 (Clark)
4. Approve Public Access and Utility Easements for the South Tracy
Condominiums (Johnson) 5. Approve Resolution 4487, authorizing the City Manager to sign Change
Order 1 for the Additional Masonry, Phase II Repair Work on City Hall
(Goehrung)
6. Approve Resolution 4488, Establishing a Fee Structure for the Purchase of Plaques to be affixed to the Memorial Wall within the Sunset Hills
Cemetery Memorial Garden (Overton)
7. Approve Amendment 2 to the Professional Services Agreement for the
North Seventh Avenue Lighting Design and Construction (Johnson) 8. Finally Adopt Ordinance 1873, adding Authority to Bozeman Municipal
Code section 38.23.180 for the Administration of Water Adequacy
Requirements (Sullivan)
06:09:59 PM
Public Comment
Mayor Becker opened public comment on the consent agenda. Seeing none, Mayor
Becker closed public comment.
Motion and Vote to approve Consent Items F. 1-8 as submitted.
Commissioner - Carson Taylor: Motion
Deputy Mayor - Jeff Krauss: 2nd Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
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Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve The motion to approve Consent Items F. 1-8 as submitted passed 5-0. 06:10:30 PM
G. Public Comment
Mayor Becker opened public comment. Seeing none, he closed public comment.
06:10:48 PM
H. Mayoral Proclamation – Pancreatic Cancer Awareness Month
Mayor Becker provided an overview of this Mayoral Proclamation.
I. Action Items
06:13:30 PM
1. Resolution 4486, Approval of the Flanders Mill Annexation and related agreement located east of Flanders Mill Road, south of Baxter Lane and
north of Oak Street, Application A-13001 (Saunders)
Chris Saunders provided the staff presentation on this item. 06:17:19 PM Cr. Andrus began questions for staff.
06:19:54 PM Craig Woolard, Public Works Director
06:20:26 PM Cr. Mehl continued questions for staff.
Scott Bechtle, Bechtle Architects on behalf of the applicant
Mr. Bechtle answered questions from the Commission.
06:23:54 PM Public Comment
Mayor Becker opened public comment on this item.
06:23:59 PM Colin Daniel, Public Comment
Mr. Daniel, Chair of the Pebble Brook Condominium Association spoke in detail regarding traffic issues in the area and concerns that they would get worse with increased
use especially if R-4 zoning is approved.
06:28:09 PM Mary Routhier, Public Comment
Ms. Routhier of 3944 Baxter Lane, Unit 7 and a member of the Pebble Brook Condominium Association spoke regarding petition signatures gathered against the
proposed zoning change. She spoke regarding existing traffic concerns with the R-4 high
density being requested.
06:30:11 PM Joseph Kuzak, Public Comment
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Mr. Kuzak of 2266 Ferguson spoke saying he does not feel it fair that so many R-4 areas
are going into the north area of the city, citing social stratification differences between
the north and south parts of town.
06:31:35 PM Michael Penland, Public Comment
Mr. Penland of 2115 Lasso Ave. spoke regarding current traffic concerns and the high
level of speeders traveling on that road and concerns that this development will make the
traffic problems much worse. He agrees in the annexation of this property, but would ask
that the infrastructure concerns be taken seriously and is opposed to any R-4 zoning.
06:33:10 PM Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
06:33:18 PM Craig Woolard, Public Works Director Mr. Woolard acknowledged the traffic concerns of the public and explained how the city is currently structured for determining installation of transportation infrastructure and
how this project fits into that.
06:37:00 PM The Commission asked questions of staff. Motion that having reviewed the staff report, the application materials, considered public comment, and considered all of the information presented, I hereby move to
adopt the findings presented in the staff report for application A-13001 and approve
the Flanders Mill annexation and related agreement and approve Resolution 4486.
Deputy Mayor - Jeff Krauss: Motion
Commissioner - Cynthia Andrus: 2nd
06:55:05 PM Discussion on the motion. Vote that having reviewed the staff report, the application materials, considered public comment, and considered all of the information presented, I hereby move to
adopt the findings presented in the staff report for application A-13001 and approve
the Flanders Mill annexation and related agreement and approve Resolution 4486. Deputy Mayor - Jeff Krauss: 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 The motion passed 5-0.
07:04:04 PM
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2. Ordinance 1876, a Zone Map Amendment in connection with annexation
for 81 acres located south of Baxter Lane and east of Flanders Mill Road;
with 65.5783 acres as R-3 (Medium Density Residential District), 10.4883
acres as R-4 (Residential High Density District), and 4.9598 acres as PLI
(Public Lands and Institutions), Application Z13203 (Saunders)
Chris Saunders provided the staff presentation on this item.
07:10:07 PM The Commission began questions for staff.
07:14:53 PM Mark Chandler, C & H Engineering and Survey, Applicant
Mr. Chandler provided clarification regarding zoning. He also referenced a preliminary
transportation impact study that was conducted. 07:16:26 PM Mayor Becker asked questions of the applicant.
07:16:56 PM Cr. Andrus continued questions for the applicant.
07:17:12 PM Applicant
07:17:29 PM Cr. Mehl continued questions for the applicant.
07:17:47 PM Cr. Taylor continued questions for the applicant.
07:18:37 PM Public Comment
Mayor Becker opened public comment.
07:18:39 PM Colin Daniel, Public Comment Mr. Daniel of 3924 Baxter Lane spoke regarding the lack of commercial centers in the
area to support the R-4 zoning being requested. He also shared concerns regarding the
current way traffic infrastructure is developed and the development that has been
approved in the area.
07:20:57 PM Terry Ball, Public Comment
Ms. Ball of 2278 Riato Road, spoke as President of the Baxter Meadows Master
Homeowner’s Association. She said they approve of the annexation of the property so
that Ferguson could be completed as soon as possible. They would also like to see
Ferguson Road built out to full standards. She spoke regarding keeping the commercial zone intact. They would rather see R-1 or R-2 rather than R-3. She spoke regarding
traffic concerns in the area.
07:23:13 PM Mary Ruthier, Public Comment
Ms. Ruthier of 3944 Baxter Lane, Unit 7 requested that the R-4 zoning request be denied saying it would not be consistent with the neighborhood.
07:24:50 PM Margaret Weamer, Public Comment
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Ms. Weamer of 2218 Gallatin Green Boulevard and a board member of the North Stream
Condominium Association spoke in opposition of R-4 and R-3 zoning in this area. She
said the intense density already proposed in the area would be detrimental to organized
growth and spoke regarding uncertainty with this zoning. 07:26:44 PM Michael Penland, Public Comment
Mr. Penland of 2115 Lasso spoke in opposition to R-4 zoning in this area and proposed
density and concerns regarding real estate property values.
07:27:44 PM Public Comment Closed
07:27:44 PM
Walt Wolf, Homelands Development & Flanders Mill LLC, & BMW LLC,
Applicant Mr. Wolf referred to the high quality of work his company has done in Baxter Meadows
after buying it from the bank saying people in the area should be familiar with the
development company and how trustworthy they are. They are also currently putting in
Harper Puckett and have connected Kimberwicke. He spoke regarding the high quality of
this project, saying there will be a lot of open space, the majority is single family, there will be ponds, restoration of wetlands, etc. He said that according to the preliminary
traffic report, this project will substantially improve the traffic situation. As far as the
timeline, it will be up to everyone working together. He spoke in detail about issues with
transportation infrastructure and infrastructure going in. The plan for the majority of the
R-3 area is single family. Only ten acres of the 81 acres are planned for R-4 with half of it taken with wetlands, etc.
07:32:06 PM
Motion that having reviewed the text of the ordinance, the application materials,
considered public comment, and considered all of the information presented; I hereby adopt the findings presented in the staff report for application Z-13203 and move to provisionally adopt Ordinance 1876, the Flanders Mill Annexation Zone Map Amendment.
Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 07:32:26 PM Discussion on the motion.
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
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Vote on the motion that having reviewed the text of the ordinance, the application materials, considered public comment, and considered all of the information
presented; I hereby adopt the findings presented in the staff report for application
Z-13203 and move to provisionally adopt Ordinance 1876, the Flanders Mill Annexation Zone Map Amendment. The motion passed 5-0.
3. Tracy Zone Map Amendment to rezone 10.8-acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District) on
property located northeast of the intersection of Ferguson Avenue and
Kimberwicke Street, Application Z13213 (Krueger)
New materials as of 10/31/2013
Action Item 3 was removed from the agenda per a request from the applicant.
07:45:36 PM Break Mayor Becker called for a break.
07:58:49 PM Back from Break
Mayor Becker called the meeting back to order after a break. 07:59:31 PM
4. Ellis View Estates Preliminary Planned Unit Development in conjunction
with a Major Subdivision with nine residential lots, two open space
parcels, and a park parcel with a request to relax eight Development
Standards at 3601 Good Medicine Way, Application Z-13131 (Quasi-
Judicial) (Saunders) New materials as of 10/31/2013
New materials 2 as of 10/31/2013 New materials 3 as of 11/1/2013
07:59:44 PM Chris Saunders provided the staff presentation on this item.
08:14:45 PM Mayor Becker began questions for staff.
08:15:21 PM Bob Murray, City Engineering
Mr. Murray answered a question posed by Mayor Becker.
08:16:18 PM Chris Saunders continued the presentation on this item.
08:22:06 PM Cr. Andrus continued questions.
08:28:23 PM Mike Welch with C & H Engineering, Applicant
Mr. Welch thanked Chris Saunders, Tom Rogers and Bob Murray for all their help on this item and then answered questions from the Commission.
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08:31:03 PM Public Comment
Mayor Becker opened public comment.
08:31:14 PM Gary Bloomer, Public Comment
Mr. Bloomer of 4057 Rain Roper Drive spoke on behalf of the Sundance Springs
Homeowner Association saying they unanimously approved the revised sewer easement
placement. They are also in favor of the planned unit development but would prefer
however that the Ellis View Estates not be allowed homeowner fences as they are not allowed in Sundance Springs.
08:32:39 PM David Kraft, Public Comment
Mr. Kraft of 3515 Good Medicine Way spoke regarding concerns with a storm water
retention pond planned next to his septic system drain field. He provided details regarding conversations he had with DEQ and staff regarding this concern. 08:36:24 PM Martha Lonner, Public Comment
Ms. Lonner of 3602 Good Medicine Way referred to this development being surrounded
by neighborhoods and a sod farm and said she is pleased with the way the developer has made adjustments and addressed concerns. She spoke regarding a rural improvement
district in place in the area and asked whether this development be included in paying
into this district that is managed by Morrison-Maierle. She also mentioned the
importance of the ditch. She also asked about backyard fences and how high they would
be.
08:39:59 PM Terry Lonner, Public Comment
Mr. Lonner of 3602 Good Medicine Way spoke regarding concerns of the location of the
storm water detention pond as it may be within 100 feet of their well.
08:42:00 PM Don Murdock, Public Comment
Mr. Murdock of 91 Trails End Road thanked the Commissioners and staff for all they are
doing for the community.
08:43:14 PM Public Comment Closed Seeing no further public comment, Mayor Becker closed public comment.
08:43:22 PM Mike Welch with C & H Engineering, Applicant
Responding to a question during public comment, Mr. Welch explained the fences
planned are 4 feet high. He also said the storm water retention pond issue came up recently and they will come up with a plan that will satisfy DEQ standards and will not negatively impact anyone’s water or septic.
08:45:08 PM
The Commission discussed the question regarding a Rural Improvement District. The applicant should handle that question with Morrison-Maierle.
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Mike Welch with C & H Engineering, Applicant Mr. Welch continued answering questions from Commissioners.
08:48:25 PM Commissioner - Chris Mehl: Motion Commissioner - Carson Taylor: 2nd Motion that having reviewed the application materials, considered public comment,
including the offer of the alternative public utility easement, and considered all of
the information presented, I hereby adopt the findings presented in the staff report for application Z-13131 and move to approve the preliminary planned unit development including requested relaxations 1 through 4 and 6 through 8 inclusive subject to all applicable code provisions and conditions recommended in Alternative
two of the revised cover memorandum. (revised cover memo linked here) Commissioner Mehl began discussion on the motion.
08:50:38 PM Commissioner Taylor continued discussion on the motion.
08:52:18 PM Commissioner Krauss continued discussion on the motion.
08:54:57 PM Commissioner Andrus continued discussion on the motion.
08:55:27 PM
Vote that having reviewed the application materials, considered public comment, including the offer of the alternative public utility easement, and considered all of the information presented, I hereby adopt the findings presented in the staff report
for application Z-13131 and move to approve the preliminary planned unit
development including requested relaxations 1 through 4 and 6 through 8 inclusive
subject to all applicable code provisions and conditions recommended in Alternative
two of the revised cover memorandum. (revised cover memo linked here)
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: Approve The motion passed 5-0.
08:57:24 PM
5. Preliminary Plat to Subdivide 5.01 acres into 9 residential single-household residential lots with Open Space and Park areas, generally
located at 3601 Good Medicine Way, Application P-13019 (Quasi-
Judicial) (Rogers)
08:57:32 PM Tom Rogers provided the staff presentation on this item.
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09:03:00 PM The Commission began questions for staff.
09:08:51 PM Mike Welch with C & H Engineering, Applicant Mr. Welch answered questions from the Commission.
09:09:41 PM Public Comment
Mayor Becker opened public comment, seeing none he closed public comment.
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 P13019 and move to approve the preliminary plat application for the
Ellis View Estates Major Subdivision, authorizing the subdivision of 5.01-acres into
nine lots for single household construction with open space and park areas subject to the conditions listed in Planning Board Resolution P13022. Commissioner - Carson Taylor: Motion
Deputy Mayor - Jeff Krauss: 2nd
Amendment to the Main motion to require that the private open space be designated as publicly accessible space and that there be a public easement on the private open space.
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: Approve Amendment to the main motion passed 5-0.
09:13:06 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 P13019 and move to approve the preliminary plat application for the Ellis View Estates Major Subdivision, authorizing the subdivision of 5.01-acres into nine lots for single household construction with open space and park areas subject to the conditions listed in
Planning Board Resolution P13022 with an amendment to require that the private
open space be designated as publicly accessible space and that there be a public easement on the private open space. Commissioner - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
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Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve The motion as amended passed 5-0. 09:13:02 PM
6. Appointment to the Cemetery Advisory Board (Brunckhorst)
Motion and Vote to appoint Scott Urban to the Cemetery Advisory Board.
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 The motion passed 5-0.
09:13:26 PM
7. Appointment to the Community Affordable Housing Advisory Board
(Brunckhorst)
Motion and Vote to appoint Anders Lewendal to the Community Affordable
Housing Advisory Board.
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
09:13:38 PM
8. Appointment to the Historic Preservation Advisory Board (Brunckhorst)
Motion and Vote to appoint Bryce Ledbetter to the Bozeman Historic Preservation
Advisory Board. 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
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Commissioner - Cynthia Andrus: Approve 09:13:57 PM
J. FYI/Discussion 1. City offices will be closed Monday, November 11th and the weekly City
Commission meeting will take place on Tuesday, November 12th at 6 p.m.
2. Election Day is tomorrow - last day to get your ballot in. Ballots will be accepted at City Hall from 8 a.m. to 8 p.m.
3. There is a public meeting on Wednesday at the Holiday Inn at 6:30 p.m.
for an update on the soil gas issue.
4. City Manager, Chris Kukulski provided the Commissioners with his evaluation form.
5. Commissioner Carson Taylor noted that the soil gas public meeting and
the Beautification Awards are on the same night and though he would like to go to the Beautification Awards, the soil gas meeting takes precedence.
K. Adjournment
Mayor Becker adjourned the meeting at 9:17 p.m.
______________________________
Sean A. Becker, Mayor
ATTEST:
______________________________________
Stacy Ulmen CMC, City Clerk
PREPARED BY:
______________________________________
Aimee Brunckhorst, Deputy City Clerk
Approved on __________________________
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