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Home My WebLink About03-17-2014 Minutes, City Commission .TXejp_� 9, ys } e-N CO.tM1„1 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, March 17, 2014 A. Call to Order—6 p.m. —Commission Room, City Hall, 121 North Rouse Avenue Mayor-Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Present Commissioner- Chris Mehl: Present Commissioner- Cynthia Andrus: Present Commissioner- I-Ho Pomeroy: Present Mayor pro tem Taylor called the meeting to order at 6 p.m. B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda None. D. Authorize Absence of Mayor Krauss Motion and Vote to authorize the absence of Mayor Krauss. Commissioner- I-Ho Pomeroy: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Absent Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve The motion passed 4-0. E. Minutes—February 24, 2014 4-a and March 3, 2014 Motion and Vote to approve the minutes of February 24th and March 3rd, 2014 as submitted. Page 1 of 9 Bozeman City Commission Minutes, March 17, 2014 Commissioner- Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor- Jeff Krauss: Absent Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve The motion passed 4-0. F. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) a 2. Authorize Findings of Fact and Order for the South University District Phase 1 Minor Subdivision Preliminary Plat, Application P13048 (Krueger) E a 3. Authorize a Professional Services Agreement with Morrison Maierle for the 2014 Wastewater Collection System Facility Plan Update (Murray) 4. Authorize a Professional Services Agreement with Robyn Egloff Design, Inc. to Develop a Lawn Care and Riparian Area Best Management Practice Outreach and Education Campaign in Accordance with DEQ 319 Grant Contract 213031 (Heaston) R-a 5. Approve placing the Trust for Public Lands Story Mill Community Park Proposal Application for Trails, Open Space and Parks Committee Bond Funding on the March 24, 2014 City Commission Agenda(Ulmen) " a 6. Approve Rules of Procedure for the Cemetery Advisory Board and the Trails, Open Space and Parks Committee (Brunckhorst) Cl-a 7. Approve Resolution 4516, authorizing Change Order 7 for the Hyalite/Sourdough Water Treatment Plant Replacement Project (Murray) El-a 8. Approve Renewing US Bank's Contract for Banking Services for the period of April 1, 2014 through April 1,2016 (Clark) K- a 9. Finally Adopt Ordinance 1882, approving the Hanson Zone Map Amendment to establish initial zoning designation of R-2 (Residential Two-Household Medium Density District) on 6.2076 acres at 4949 Durston Road, Application Z13240 (Rogers) El-a 10. Finally Adopt Ordinance 1883,to amend the zoning map from B-1 (Neighborhood Business District) to R-2 (Residential Two-Household Medium Density District) on 6.1519 acres located at Lot 1 Block 4 Laurel Glen Subdivision, 964 Longbow Lane,Application Z13229 (Saunders) Page 2 of 9 Bozeman City Commission Minutes, March 17, 2014 06:02:16 PM Mayor pro tem Taylor opened public comment on consent items. Seeing none, he closed public comment. Motion and Vote to approve Consent Items F. 1-10 as submitted. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: pprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve The motion passed 4-0. G. Public Comment Mayor pro tem Taylor opened public comment. 06:04:00 PM Reverend Glover Wagner, Public Comment Reverend Wagner of 2726 Goldenrod Lane spoke in favor of a non-discrimination ordinance for the city of Bozeman and provided details while he feels that way. 06:07:09 PM Rabbi Ed Stafman,Public Comment Rabbi Stafman of 515 West Cleveland represents Bozeman's Jewish congregation Beth Shalom and stands along with 29 religious leaders within the community speaking in favor of a non-discrimination ordinance. 06:10:13 PM Dan Lourie, Public Comment Mr. Lourie of 2948 B Warbler Way spoke in favor of a non-discrimination ordinance. 06:13:04 PM Rusty Strickler,Public Comment Mr. Strickler of 1019 Paisley Drive in Belgrade and Pastor of the Belgrade Community Church spoke in opposition to a non-discrimination ordinance. 06:15:01 PM Rocky Larocco,Public Comment Mr. Larocco of 161 Barnes Road, Belgrade, spoke in opposition to a non-discrimination ordinance. 06:17:29 PM Lindean Barnett Christenson,Public Comment Ms. Christenson of 1101 Bur Avenue and co-pastor of Christ the King Lutheran Church in Bozeman spoke in favor of a non-discrimination ordinance. 06:18:42 PM Jerry Johnson, Public Comment Mr. Johnson spoke in favor of a non-discrimination ordinance. 06:22:20 PM Cara Wilder,Public Comment Page 3 of 9 Bozeman City Commission Minutes, March 17, 2014 Ms. Wilder of 1701 Driftwood Drive spoke in favor of a non-discrimination ordinance. 06:25:51 PM Laura Larocco, Public Comment Mrs. Larocco of 161 Barnes Road, Belgrade spoke in opposition to a non-discrimination ordinance. 06:29:03 PM Patrick Lawrence, Public Comment Mr. Lawrence of 910 South Black spoke in favor of a non-discrimination ordinance. 06:31:09 PM Public Comment Closed Seeing no further comments, Mayor pro tern Taylor closed public comment. H. Action Items 06:31:15 PM 1. Hacot Minor Subdivision Preliminary Plat to subdivide 5 acres into two lots generally located on the south side of the intersection of Haggerty Lane and Farmhouse Lane,Application P14001 (Quasi-Judicial) (Riley) `_a 06:33:11 PM Doug Riley provided the staff presentation on this item. 06:35:38 PM Questions for staff. 06:36:12 PM Chris Budeski with Madison Engineering provided the applicant presentation on this item. 06:37:45 PM Mayor pro tern Taylor opened public Comment on this item. Seeing none, he closed public comment. Motion that having reviewed and considered the application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application P14001 and move to approve the preliminary plat with conditions and subiect to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd Mayor- Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve The motion passed 4-0. 06:39:28 PM Page 4 of 9 Bozeman City Commission Minutes, March 17, 2014 2. Stuart Mill Conditional Use Permit to allow the construction of a micro brewery with tasting room and related site improvements on vacant property at 2876 N. 27th Avenue (across from Warbler Way), Application Z14030 (Quasi-judicial) (Riley) El-a 06:39:43 PM Doug Riley provided the staff presentation for this item. 06:43:19 PM Questions for staff. None. 06:43:31 PM Todd Huff on behalf of Stuart Mill and Outlaw Brewing provided the applicant presentation 06:44:32 PM Questions for the applicant. 06:44:47 PM Mayor pro tem Taylor opened public comment on this item. Seeing none, he closed public comment. 06:45:02 PM Motion that having reviewed and considered the application materials, public comment, and all information presented,I hereby adopt the findings presented in the staff report for application Z140130 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. 06:45:31 PM Discussion on the motion. Vote on the motion. Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor- Jeff Krauss: Absent Deputy Mqyor - Carson Ta lour: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve The motion passed 4-0. 06:46:52 PM 3. Dixson Preliminary Conditional Use Permit to allow two apartment buildings, each with five residential dwelling units on the ground floor(a conditional use in the B-2 Community Business zoning district) on two lots located at the southeast corner of Equestrian Lane and Gallatin Green Boulevard, Application Z13273 (Quasi-Judicial) (Krueger) El.a 06:47:18 PM Brian Krueger provided the staff presentation on this item. 06:54:25 PM Questions for staff. Page 5 of 9 Bozeman City Commission Minutes, March 17, 2014 06:55:21 PM Brian Krueger spoke to Cr. Mehl's questions regarding LED technology. 06:58:27 PM Rick Hixson, City Engineer spoke to Cr. Mehl's questions regarding LED technology. 07:01:31 PM Cr. Mehl asked questions regarding parkland. 07:08:20 PM Van Bryan with Studio Architects provided the applicant presentation on this item. 07:09:13 PM Questions for the applicant. 07:11:26 PM Mayor pro tem Taylor opened public comment on this item. 07:11:42 PM Janet Hoopes, Public Comment Ms. Hoopes of 2241 Gallatin Green Blvd spoke to the narrowness of the road and said she feels there is a lack of parking on this street. 07:15:21 PM Jennifer Paul,Public Comment Ms. Paul of 2272 Gallatin Green Blvd, Unit B spoke in opposition to this application citing the possibility of lower property values. 07:19:55 PM Public Comment Closed. Seeing no further comments, Mayor pro tem Taylor closed public comment. 07:19:10 PM Van Bryan with Studio Architects spoke in rebuttal to the public testimony provided. 07:20:23 PM Questions for the applicant. 07:20:52 PM Questions for staff. 07:21:02 PM Brian Krueger 07:21:29 PM Cr. Mehl asked further questions for staff. 07:22:23 PM Brian Krueger 07:23:43 PM Cr. Taylor asked further questions for staff. 07:25:24 PM Motion that having reviewed and considered the application materials, public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application Z13273 and move to approve the conditional use permit with conditions and subiect to all applicable code provisions. 07:25:53 PM Discussion on the motion. 07:28:46 PM Vote on the motion. Page 6 of 9 Bozeman City Commission Minutes, March 17, 2014 Commissioner- Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Absent Depp1y Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve The motion passed 4-0. 07:29:29 PM Break Mayor pro tern Taylor called for a ten minute break. 07:41:46 PM Back from Break Mayor pro tern Taylor called the meeting back to order from break. 07:42:05 PM 4. Saffron Restaurant Preliminary Conditional Use Permit to allow the sales of alcohol in an existing permitted restaurant (a conditional use in the B-2 Community Business zoning district), 1511 West Babcock Street, Application Z14004 (Quasi-Judicial) (Krueger) `�- a 07:42:17 PM Cr. Andrus recused herself from this item and left the room as she has a business relationship with the applicants, the Harris brothers. 07:42:41 PM Brian Krueger presented the staff presentation on this item. 07:49:26 PM Questions for staff. 07:52:09 PM Nick Harris provided the applicant presentation. 07:53:38 PM Andleeh Dawood spoke further as the applicant for the restaurant. 07:54:47 PM Mayor pro tern Taylor opened public comment. Seeing none, he closed public comment. 07:55:08 PM Motion that having reviewed and considered the application materials, public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application Z14004 and move to approve the conditional use permit with conditions and subiect to all applicable code provisions. 07:55:51 PM Discussion on the motion. 07:57:53 PM Vote on the motion. Commissioner- I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd Page 7of9 Bozeman City Commission Minutes, March 17, 2014 Mayor- Jeff Krauss: Absent Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Recused Commissioner- I-Ho Pomeroy: Approve The motion passed 3-0. 07:58:20 PM 5. Amendment to the Fiscal Year 2015 Transportation Impact Fee Capital Improvement Program (CIP)to add the widening of Cottonwood Road from Fallon Street to Alpha Drive and to move improvements to Baxter Lane (Project SIF02) to be a scheduled item in Fiscal Year 2015 (Saunders) -a Chris Saunders provided the staff presentation on this item. 08:03:51 PM Cr. Mehl asked questions of staff. 08:04:06 PM Anna Rosenberry,Administrative Services Director answered questions. 08:05:16 PM Mayor pro tem Taylor asked questions of staff. 08:05:39 PM Rick Hixson, City Engineer answered questions. 08:06:23 PM Mayor pro tern Taylor continued questions for staff. 08:07:32 PM Mayor pro tem Taylor opened public comment. 08:07:49 PM Motion that having heard and considered the evidence and public testimony, I find the addition of the expansion of 0.4 miles of Cottonwood Road from Alpha Drive to Fallon Street consistent with the requirements of the impact fee program. Therefore, I move to add these system improvements to the Fiscal Year 2015 Transportation Capital Improvements Program list and provide for its funding in the estimated amount of$1,926,000. 08:08:27 PM Discussion on the motion. 08:09:39 PM Commissioner- Cynthia Andrus: Motion Commissioner- Chris Mehl: 2nd Mayor - Jeff Krauss: Absent Depuq Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve The motion passed 4-0. 08:09:54 PM Motion and Vote that having heard and considered the evidence and public testimony, I move that improvements to Baxter Lane (Project SIF02) be changed Page 8 of 9 Bozeman City Commission Minutes, March 17, 2014 from unscheduled to a scheduled project in the Fiscal Year 2015 Transportation Capital Improvements Program with the project description and funding amounts to remain as presently written, having found that this change is timely and appropriate. Commissioner- Cynthia Andrus: Motion Commissioner- Chris Mehl: 2nd Mayor- Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve The motion passed 4-0. I. FYI/Discussion None. J. Adjournment 08:11:37 PM Carson Taylor, Deputy Aayor ATTEST: xjns�� &"-'-'A Aim e Brunckhorst, Deputy Cky Clerk PREPARED BY: uo�' t�'Z.A'a Ainkee Brunckhorst, Deputy bty Clerk Approved on '�'-McYck 02`f Zp �}- Page 9 of 9