HomeMy WebLinkAbout04-14-14 Draft Minutes_2
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, April 14, 2014 REVISED on 4-10 with the addition of consent items 4 and 5
Mayor - Jeff Krauss: Present Deputy Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present Staff Present: City Manager, Chris Kukulski, City Attorney Greg Sullivan and City Clerk Stacy Ulmen
Table of Contents
A. 06:01:50 PM Call to Order – 6 p.m. – Commission Room, City Hall, 121 North
Rouse
Mayor Krauss called the meeting to order at 6:01 p.m.
B. 06:01:56 PM Pledge of Allegiance and a Moment of Silence
C. 06:02:35 PM Changes to the Agenda
Mayor Krauss announced that an additional Special Presentation will take place
this evening. City Manager Chris Kukulski stated that the motions for Action Item No.2 are in the incorrect order.
D. 06:04:11 PM Public Service Announcement – Flood Awareness Tips (Shrauger)
E. 06:07:23 PM Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Approve Resolution 4522, Adopting the Montana Municipal Interlocal
Authority revised and restated Workers' Compensation Program
Agreement dated July 1, 2014 (Rosenberry)
3. Approve Rules of Procedure for the Community Affordable Housing
Advisory Board (Brunckhorst)
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4. Approve Revised Resolution 4521 To Fund the Bozeman Sports Park
from Monies with the Trails, Open Space and Parks Bond Fund (Overton)
5. Authorize City Manager to Sign Amendment to Professional Services Agreement with TD&H Engineering Regarding the Bozeman Sports Park
(Overton)
06:07:31 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
06:08:05 PM Motion and Vote to approve consent items E. 1-5 as submitted.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve F. 06:08:31 PM Public Comment
Mayor Krauss opened general Public Comment.
06:08:55 PM Bob Chase, Public Comment
Mr. Chase stated that the City should approach the legislature in SID changes. He also spoke regarding concerns with the Story Mansion. The City should put on the ballot the decision to gift or sell the Mansion.
06:12:43 PM Matt Sapreedo, Public Comment
Mr. Sapreedo spoke regarding concerns of trail connections through the wetlands area at the Westbrook Subdivision.
06:14:40 PM Public Comment closed
Mayor Krauss closed public comment.
G. 06:14:52 PM Special Presentations
1. 06:14:56 PM Child Abuse Awareness and Prevention Month Proclamation
2. 06:18:23 PM Recognition of the City of Bozeman and faculty partner Diane
Cooksey in receiving the Montana State University President's Award for
Excellence in Service Learning (Krauss)
H. 06:29:44 PM Action Items
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1. 06:29:46 PM Martin Addition and New Accessory Garage Sketch Plan
Certificate Of Appropriateness with Deviations, Application Z14060
(Quasi-Judicial) (Kramer)
06:30:02 PM Staff Presentation
Courtney Kramer, Historic Preservation Officer gave the staff presentation for the Martin
Addition and New Accessory Garage Sketch Plan Certificate of Appropriateness with Deviations, Application Z14060.
06:33:00 PM Commission Questions for Staff
The Commission and Staff discussed ridgeline heights and the variance.
06:36:11 PM Applicant Presentation The Applicant introduced herself but had nothing to add to the Staff Presentation.
06:36:31 PM Commission Questions for Applicant
06:36:35 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
06:36:48 PM Motion that having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application Z14060 and move to approve the Certificate
of Appropriateness with Deviations with conditions and subject to all applicable code provisions.
Commissioner - Cynthia Andrus: Motion
Deputy Mayor - Carson Taylor: 2nd 06:37:11 PM Commission Discussion on the Motion 06:38:12 PM Vote on the Motion that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the
findings presented in the staff report for application Z14060 and move to approve the
Certificate of Appropriateness with Deviations with conditions and subject to all applicable code provisions.
Commissioner - Cynthia Andrus: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
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2. 06:38:31 PM Media Station Preliminary Conditional Use Permit to allow
construction of a two unit residential dwelling on the ground floor with a
variance from front yard setback requirements, Application Z14036
(Rogers) (Quasi-Judicial)
06:38:59 PM Staff presentation
Staff Planner, Tom Rogers gave the presentation regarding the Media Station Preliminary Conditional Use Permit to allow construction of a two unit residential dwelling on the ground floor with a variance from front yard setback requirements, Application Z14036.
06:48:36 PM Commission Questions for Staff
06:48:46 PM Applicant Presentation Brian Caldwell, Applicant representative gave the presentation for the Media Station
Preliminary Conditional Use Permit to allow construction of a two unit residential
dwelling on the ground floor with a variance from front yard setback requirements,
Application Z14036.
06:50:37 PM Commission Questions for Applicant
The Commission and Applicant discussed tearing down the original structure, pre-
existing non-conforming structures, setbacks and the review process of these types of
applications.
06:56:19 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
06:56:29 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 Z14036 and move to approve the requested variance to Chapter 38 of the Bozeman Municipal Code Section 38.21.060.C.2, to allow the encroachment into the required front yard setback.
Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd 06:57:07 PM Commission Discussion on the Motion
07:01:47 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 Z14036 and move to approve the requested variance to Chapter 38 of the Bozeman Municipal Code Section 38.21.060.C.2, to allow the encroachment into the required front yard setback.
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Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve 07:02:14 PM Motion and Vote that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application Z14036 and move to approve the
Media Station conditional use permit with conditions and subject to all applicable code
provisions. Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve 07:03:23 PM Motion and Vote that having reviewed and considered the expressed
preference of the developer and all the information presented, I hereby adopt the
findings presented in the staff report for application Z14036 and move to accept cash
in-lieu of parkland dedication as described in Section 5, staff finding No. 8.
Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve 3. 07:04:02 PM Westbrook Zone Map Amendment request to rezone 5.4
acres from R-3, Residential Medium Density to R-4, Residential High Density north of Durston Road, east of Laurel Parkway and south of
Annie Street Application Z13296 (Saunders)
07:04:29 PM Staff Presentation
Assistant Planning Director Chris Saunders gave the staff presentation for the Westbrook
Zone Map Amendment request to rezone 5.4 acres from R-3, Residential Medium
Density to R-4, Residential High Density north of Durston Road, east of Laurel Parkway
and south of Annie Street Application Z13296.
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07:08:26 PM Commission Questions for Staff
The Commission and Staff discussed the impacts of the proposed changed zoning
designation and the reason behind the Zoning Commission voting against this request.
07:17:13 PM Applicant Presentation
The Applicant gave the staff presentation for the Westbrook Zone Map Amendment
request to rezone 5.4 acres from R-3, Residential Medium Density to R-4, Residential
High Density north of Durston Road, east of Laurel Parkway and south of Annie Street
Application Z13296. The request is in order to work with the shape of the lot.
07:18:05 PM Commission Questions for Applicant
The Commission and Application discussed the right-of-ways, the concern of large
buildings, height restrictions and that this property began development in the 1990’s.
07:23:18 PM Public Comment
07:23:31 PM Maggie Beardslee, Public Comment
Ms. Beardslee spoke regarding concerns of construction issues, density, and the integrity
of the area changing. The development is close to a school area. 07:26:45 PM Public Comment closed
Mayor Krauss closed public comment.
07:27:31 PM Motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application Z-13296 and move to approve the zone map amendment with contingencies.
Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 07:27:36 PM Commission Discussion on the Motion
The Commission discussed the zoning and concerns of density.
07:33:07 PM Vote on the Motion that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the
findings presented in the staff report for application Z-13296 and move to approve the
zone map amendment with contingencies.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Disapprove
Deputy Mayor - Carson Taylor: Disapprove
Commissioner - Chris Mehl: Disapprove Commissioner - Cynthia Andrus: Disapprove
Commissioner - I-Ho Pomeroy: Disapprove
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4. 07:33:31 PM Westbrook Subdivision Preliminary Plat for a four-phase
major subdivision to subdivide 33.5685 acres into 62 single-household
residential lots, 1 multi-household lot (potentially to be rezoned to high-
density residential, R-4), streets, open space and related site improvements with four variance requests related to access, parkland frontage, lot depth
and block length, Application P13047 (Saunders) (Quasi-Judicial)
07:34:07 PM Staff Presentation Mr. Saunders gave the staff presentation for the Westbrook Subdivision Preliminary Plat for a four-phase major subdivision to subdivide 33.5685 acres into 62 single-household
residential lots, 1 multi-household lot (potentially to be rezoned to high-density
residential, R-4), streets, open space and related site improvements with four variance
requests related to access, parkland frontage, lot depth and block length, Application P13047.
07:48:57 PM Commission Questions for Staff
The Commission and Staff discussed the private vs public access of land areas, the high
water table, the cost of a footbridge and maintenance as listed in condition No. 22 regarding a sewer lift station.
08:00:12 PM Applicant Presentation
The Applicant representative gave the presentation regarding the Westbrook Subdivision
Preliminary Plat for a four-phase major subdivision to subdivide 33.5685 acres into 62 single-household residential lots, 1 multi-household lot (potentially to be rezoned to high-
density residential, R-4), streets, open space and related site improvements with four
variance requests related to access, parkland frontage, lot depth and block length,
Application P13047.He spoke regarding the tree placement.
08:02:33 PM Commission Questions for Applicant
The Commission and the Applicant discussed culvert and a proposed fish resting area.
08:03:43 PM continued Applicant presentation
The original developer of the Laurel Glen Subdivision spoke regarding item 4 on the list of conditions. He feels that it is unfair to ask him to put in two lights on Cottonwood. He
would like the Commission to consider allowing having 2-3 phases complete prior to the
reconstruction of Cottonwood.
08:07:59 PM Commission Questions for Applicant The Commission and Applicant discussed the traffic report and the agreement that the
intersection is failing.
08:10:22 PM Public Comment
Mayor Krauss opened public comment. No person commented.
Mayor Krauss closed public comment.
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08:10:40 PM Commission Questions for staff
The Commission and Staff discussed the 60%-40% split for funding of intersections,
different funding options for the 40% portion, the existing policy and the need for it to be
reviewed, moratoriums and a thorough review of non-growth shares.
08:26:41 PM Motion that having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application Z-13296 and move to approve the zone map
amendment with contingencies. Commissioner - I-Ho Pomeroy: Motion
Commissioner - Cynthia Andrus: 2nd
08:27:48 PM Commission Discussion on the Motion The Commission discussed the level of service of the roadway, hardships, the funding of
the 40% for share of improving the failing intersection, Glenwood Drive, concerns of
private vs public open space, parking lots, trail areas, and concerns of existing problems
being placed upon developers. 08:58:07 PM Vote on the Motion that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the
findings presented in the staff report for application Z-13296 and move to approve the zone map amendment with contingencies.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Disapprove
Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve 08:58:49 PM Applicant
The Applicant stated that they would be happy to gift the open space area in question to
the City.
09:00:03 PM Motion and Vote to urge staff to have a discussion with the Applicant
regarding gifting the open space area in this application to the City.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
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Commissioner - I-Ho Pomeroy: Approve
09:00:28 PM Break 5. 09:16:37 PM Amendment to the Fiscal Year 2015 Water Impact Fee
Capital Improvement Program (CIP) to add the over sizing of a water
main from 8 inch diameter to 12 inch diameter with initial pipe installation
under the future extension of West Babcock Street from Water Lily Drive to Laurel Parkway (Saunders)
09:16:39 PM Staff Presentation
Mr. Saunders gave the Staff Presentation regarding an Amendment to the Fiscal Year
2015 Water Impact Fee Capital Improvement Program (CIP) to add the over sizing of a water main from 8 inch diameter to 12 inch diameter with initial pipe installation under the future extension of West Babcock Street from Water Lily Drive to Laurel Parkway.
09:18:29 PM Commission Questions for Staff
09:18:43 PM Applicant Presentation The Applicant representative introduced themselves and asked for the Commission to
approve this request.
09:19:24 PM Public Comment Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
09:19:30 PM Motion and Vote to amend the Fiscal Year 2015 Water Impact Fee Capital Improvement Program to add the over sizing of a water main from 8 inch diameter to 12 inch diameter with initial pipe installation under the future extension of
West Babcock Street from Water Lily Drive to Laurel Parkway.
Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve
6. 09:20:14 PM Amendment to the Fiscal Year 2015 Transportation Impact
Fee Capital Improvement Program (CIP) to add the widening of West Babcock Street from Water Lily Drive to Laurel Parkway and to add the
widening of Laurel Parkway from Fallon Street to Durston Road
(Saunders)
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09:20:19 PM Staff Presentation
Mr. Saunders gave the staff presentation for the Amendment to the Fiscal Year 2015
Transportation Impact Fee Capital Improvement Program (CIP) to add the widening of
West Babcock Street from Water Lily Drive to Laurel Parkway and to add the widening of Laurel Parkway from Fallon Street to Durston Road.
09:23:02 PM Commission Questions for Staff
09:23:17 PM Applicant Presentation The Applicant representative introduced themselves and asked for the Commission to approve this request.
09:23:48 PM Public Comment
Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment.
09:23:56 PM Motion and Vote that having heard and considered the evidence and
public testimony, I find the addition of the expansion of 0.25 miles of West Babcock Street from Water Lily Drive to Laurel Parkway is consistent with the requirements of the impact fee program. Therefore, I move to add these system improvements to the FY 2015 Transportation Capital Improvements Program list and provide for funding in the
estimated amount of $49,600.
Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve 09:24:43 PM Motion and Vote that having heard and considered the evidence and public testimony, I find the addition of the expansion of 0.78 miles of Laurel Parkway from Durston Road to Fallon Street is consistent with the requirements of the impact fee program. Therefore, I move to add these system improvements to the FY 2015
Transportation Capital Improvements Program list and provide for funding in the
estimated amount of $152,400. Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
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8. 09:25:48 PM Reappointment to the Trails, Open Space and Parks Committee
(Brunckhorst)
09:25:51 PM Motion and Vote to reappoint Bob Hawks to the Trails, Open Space and Parks Committee.
Commissioner - Cynthia Andrus: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve 7. 09:26:16 PM City Manager’s Update on City Commission Goals
(Kukulski)
09:26:29 PM City Manager Chris Kukulski Mr. Kukulski began the presentation on the Update on the City Commission Goals.
09:29:09 PM Commission discussion
The Commission discussed the amount of the goals, the consumption of resources to
fulfill them, the fact that the goals are very ambitious, growth of Bozeman, capturing the mills for a transportation levy, less TOPs projects but yet understanding that there is still
significant staff time involved, Story Mansion, Economic Development purview projects,
LED lighting, solar panels, the Climate Action plan, infill development, balancing
amount of hours versus what the most important thing to do is, education of the Police
Bond levy this fall, Broadband, the proposed Non-discrimination Ordinance, Convention Center and the evaluation of insurance. Each Commissioner listed their top 6 items.
10:12:05 PM Motion that the Landfill Vapor Intrusion, Police and Municipal Courts
Building, Development of a Transportation System, the Trails, Open Space Bond, Stormwater and the Family Aquatic Center be the top 6 of the listed priorities.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Carson Taylor: 2nd 10:12:29 PM Commission Discussion on the Motion The Commission discussed the importance of Information Technology/GIS possibly
replacing number 6 on the proposed list.
10:34:40 PM Vote on the Motion that the Landfill Vapor Intrusion, Police and Municipal Courts Building, Development of a Transportation System, the Trails, Open Space Bond, Stormwater and the Family Aquatic Center be the top 6 of the listed priorities.
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Commissioner - Chris Mehl: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor - Jeff Krauss: Disapprove
Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Disapprove
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve I. 10:35:07 PM FYI/Discussion 1. Commission Schedule for discussion of a proposed Non-Discrimination
Ordinance.
2. Upcoming Commissioner Absences.
Deputy Mayor Taylor gone June 2nd and Commissioner Andrus gone June 16th J. 10:43:14 PM Adjournment
Mayor Krauss adjourned the meeting at 10:43 p.m.
______________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________
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