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HomeMy WebLinkAbout11-04-2013 Minutes, City Commission 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 De ut Ma or- Jeff Krauss; Present Ma or- Sean.Becker°: Present Commissioner SpjLson 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) Atlyson Brekke, Community Development Neighborhood Coordinator provided this announcement. 2. 06:08:47 PM City Offices will be closed November I Ith 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 ,<z ffz,1 A Page 1 of 12 Bozeman City Commission Minutes,November 4,2013 Motion and Vote to approve the minutes of October 21,2013 as submitted. 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- CylIthia 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 I for the Additional Masonry, Phase 11 Repair Work on City Hall (Goehrung) -"4z 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) I-� 7. Approve Amendment 2 to the Professional Services Agreement for the North Seventh Avenue Lighting Design and Construction(Johnson):1� 8, Finally Adopt Ordinance 1873, adding Authority to Bozeman Municipal Code section 38.23.180 for the Administration of Water Adequacy Requirements (Sullivan) '4z 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 DMILty 1'�layor -Jeff Krauss: 2nd Deputy Mayor -Jeff Krauss:Approve Mayor- Sean Becker: prov Ap� e Page 2 of 12 Bozeman City Commission Minutes,November 4,2013 Cominissioner- Carson Tpy10L: Approve Commissioner- Chris Mehl: App v pqwe Commissioner- Cynthia Andrus:a. Approve The motion to approve Consent Items F. 1-8 as submitted passed 5-0. 06:101:30 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 R;1- '�= 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 cast of Flanders Mill Road, south of Baxter Lane and north of Oak Street, Application A-13001 (Saunders) "L - 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 i--- - "I 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, Page 3 of 12 Bozeman City Commission Minutes,November 4,2013 06:30:11 PM Joseph Kozak, Public Comment 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. x}6:33:10 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 havin i!reviewed the staff report,the_aRplication materials, considered p blic commenj,and considered all of the information resented I hereby move to adop indings presented in the staff ort for apl2lication A-13001 aj:q!." t the r _prove 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 havin2 reviewed the staff report,the application materials, considered public comment, and considered all of the information presented, I hereby move to adopt the findiULpresented in the staff report fora lication A-13001 and approv the Flanders Mill annexation and related al!rcement and approve Resolution 4486. Deputy Mayor-Jeff Krauss: Motion Commissioner- Cynthia Andrus: 2nd Dc put Ma or-Jeff Krauss: f"s rave Mayor- Sean Becker: Morove Commissioner- Carson Taylor A Tprove Commissioner - Chris Mehl: Approve Commissioner-.Cynthia Andrus: Approve The motion passed 5-0. Page 4 of 12 Bozeman City Commission Minutes,November 4, 2013 07:04:04 PM 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. 017:18:39 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. Page 5 of 12 Bozeman City Commission Minutes,November 4,2013 07:24:50 PM Margaret Weamer, Public Comment 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 havine reviewed the text of the ordinance,the ap2lication materials, considered vublic 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 ado 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 Page 6 of 12 Bozeman City Commission Minutes,November 4, 2013 Commissioner- Chris Mehl: Approve Commissioner-,Cynthia Andrus: Approve 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 rKport for application Z-13203 and move to provisionally adopt Ordinance 1876,the Flanders Mill Annexation Zone Map Amendment. The motion passed 5-0. 3. Racy Zone Map Amendment te rezone 10.9 acres from R 3 (ResidepAial Medium Density Dis!r4et)to R 4 (Residential High Pens— n's—iet) 0113 pfejaei4y located aei4heast of the in4efseetien ef Fer-giis- Kimbefwieke ei, ApplieatianZ!3213 (K-Fuegff4—="-I<-- New maieria4 as of 10,9-W20113 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 ('0_uasr Jodkl,ial) (Saunders) '�� <- New materials as of 1©13112013 ' `: �,- New materials 2 as of']013112013 %17 New materials 3 as of'111112013 "I I � 07:5�9:44 PM Chris Saunders provided the staff presentation on this item. 0$: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. Page 7 of 12 Bozeman City Commission Minutes,November 4, 2.013 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, 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. 0�8:39:59 PM Ter Ey 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 Page 8 of 12 Bozeman City Commission Minutes,November 4, 2013 The Commission discussed the question regarding a Rural Improvement District. The applicant should handle that question with Morrison-Maierle, 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: 2n Motion that having reviewed the application materials, considered public comment, including the offer of the alternative public utility casement,and considered all of the information presented, I herebl adopt the findingspresented in the staff repor for application Z-13131 and move to approve the preliminary Planned unit development including re nested relaxations I 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)_22-.�H 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 hereb y adopt the findings Presented in the staff report fora lication Z-13131 and move to approve the preliminary planned unit develo pment including re nested relaxations I 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)_2j!;H Commissioner- Chris Mehl: Motion Commissioner- Carson Taylor: 2nd Dgpgjy..Mayor-Jeff Krauss: Approve for- Sean Becker: Approve Commissioner- Carson Taylor Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus,: Approve The motion passed 5-0. 081:57:24 PM 5. Preliminary Plat to Subdivide 5.01 acres into 9 residential single- household residential lots with Open Space and Park areas, generally Page 9 of 12 Bozeman City Commission Minutes,November 4,2013 located at 3601 Good Medicine Way,Application P-13019 (')i4asi- (Rogers) 08:57.32 PM Tom Rogers provided the staff presentation on this item. 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 hereb y adopt the findings presented in the staff report for application P13019 and move to app rove,the preliminary plat application for the Ellis View Estates Maior 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 DMqV 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 casement on the 12rivate open space. Commissioner- Carson Taylor: Motion Deputy Mayor-Jeff Krauss: 2nd Deputy Mayor-Jeff Krauss: Approve Mayor- Sean Becker: Approve Commissioner Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Airnroy Amendment to the main motion passed 5-0. 09:13::06 PM Vote on the motion that having reviewed the avulication materials, considered public comment,and the staff analysis,I hereby adopt the findings presented in the staff report for application P13019 and move to a rove the Preliminary Plat application for the Ellis View Estates Maior Subdivision, authorizing the subdivision of 5.01-acres into nine lots for sin le household construction with ens pace and park areas subject to the conditions listed in Plannin2 Board Resolution P13022 with an amendment to reguire that the private Venspace be designated as publicly accessible space and that there be a Public easement on the pLivate open space. Page 10 of 12 Bozeman City Commission Minutes,November 4, 2013 Commissioner- Cynthia Andrus: Motion. Commissioner- Chris Mehl: 2nd Deputv Mayor- Jefl'Krauss- APIT—Ove M or- Scan Becker. Approve Commissioner- CarsoniLaylor: A pprove Commissioner- Chris Mehl: Approve; Commissioner- Cynthia Andru . Approve The motion as amended passed 5-0. 09:13:0�2 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 KrausL. Approvg Mayor Sean Becker: Approve Commissioner- Carson Taylar.�Aro�vc Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andraxs: Approve The motion passed 5-0. 0):13:26 PM 7. Appointment to the Community Affordable Housing Advisory Board 12 (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 Beeler: Arovc 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. Page 11 of 12 Bozeman City Commission Minutes,November 4,2013 Commissioner:-C.Cniiiil?,.Andius-. Motion Commissioner- Chris Mehl: 2nd Douly Ma or- Teff Krauss: A rove Mayor..- Sean Becker: Approve Commissioner- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: An3rove 09-13:57 PM J. FYI/Discussion I 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. 1 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 pm, 1iSean A. Bee ker, Mayor ATTES11 Sta lfi e j cmc, City Clerk PREPARED BY: Aimleg Brunckhorst, Deputy Ci Clerk Approved on 49�C) "M ZO Page 12 of 12