HomeMy WebLinkAbout06-02-2014 Minutes, City Commission U�
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday,June 2, 2014
Mayor- Jeff Krauss: Present
Deputy Mayor- Carson Taylor: Absent
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
A. 06:01:47 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. 06:01:54 PM PIedge of Allegiance and a Moment of Silence
C. 06:02:46 PM Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to
the Agenda. Mr. Kukulski stated no.
D. 06:02:50 PM Authorize Absence of Deputy Mayor Taylor
06:02:55 PM Motion and Vote to authorize the absence of Deputy Mayor Taylor.
Commissioner - Cynthia Andrus: Motion
Commissioner- I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Absent
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
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Bozeman City Commission Minutes, June 2, 2014
E. 06:03:09 PM Minutes—May 5, 2014, 'T a May 12, 2014, a May 19, 2014
K�La
06:03:13 PM Motion and Vote to approve the minutes of May Sth, 12th and 19th, 2014
as submitted
Commissioner - I-Ho Pomeroy: Motion
Commissioner- Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Absent
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
F. 06:03:39 PM Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres) K a
2. Authorize Findings of Fact and Order for The Meadows Minor
Subdivision Preliminary Plat, Application P 14028 (Rogers) a
3. Authorize Professional Services Agreement with Open Window
Consulting for Rental Housing Survey (Thomas)K a
4. Authorize Lease-Purchase Agreement with Caterpillar Financial for New
Motor Grader (VanDelinder)Kl_a
5. Authorize Professional Services Agreement with Dowl HKM for Right-of-
Way Acquisition Services (Hixson) a
6. Authorize City Attorney to file a brief before the 9th Circuit Court of
Appeals as Amicus Curiae in support of the United States Forest Service
and other defendants in Alliance for the Wild Rockies et al v. United
States Forest Service et al. (Bozeman Municipal Watershed Project)
(Sullivan) a
7. Authorize Memorandum of Agreement with Gallatin County for a joint
Justice Assistance Grant Application in the amount of$19,315 (McLane)
`I-a
8. Authorize Professional Services Agreement with CPF Associates, Inc. to
perform a Bozeman Landfill Vapor Intrusion Risk Assessment(Woolard)
a
9. Authorize award of Professional Services Agreement for Lawn Care
Services for City Facilities to Solstice Landscaping LLC. (Goehrung)
KTp
10. Ratify the City Manager's signature on the Professional Services
Agreement with Buffalo Restoration, for the Lindley Center Water
Damage from the water service line plumbing leak (Goehrung) KI a
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Bozeman City Commission Minutes, June 2, 2014
11. Approve Rules of Procedure for the Parking Commission (Brunckhorst)
a
12. Approve Rules of Procedure for the Downtown Business Improvement
District (BID) Board and Downtown Bozeman Improvement/Tax
Increment Finance (TIF) District Board (Brunckhorst) ` -a
13. Approve Special Permit to sell beer and wine for a non-profit event at the
Emerson on June 17, 2014 (Rosenberry) K�L a
14. Finally Adopt Ordinance 1890 Prohibiting Discrimination on the Basis of
Sexual Orientation and Gender Identity or Expression(Sullivan) ff7 a
06:03:45 PM Public Comment
Mayor Krauss opened public comment
No person spoke.
Mayor Krauss closed public comment.
06:04:11 PM Motion and Vote to approve Consent items F. 1-14 as submitted.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mqyor - Carson Taylor: Absent
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
G. 06:04:31 PM Public Comment
Mayor Krauss opened public comment.
06:05:12 PM John Dudas, Public Comment
Mr. Dudas spoke regarding safety concerns related to off leash dogs in parks. His son has
been knocked down while playing. He would like enforcement to be looked into.
Public Comment Closed
Mayor Krauss closed public comment.
H. Special Presentations
1. 06:10:32 PM Montana State University Senior Design Project Update
(Woolard)
Public Works Director Craig Woolard began the presentation by introducing members
from the Civil Engineering Department at MSU and highlighted the collaboration with
Senior Design Projects and the City. The Presentation focused on a survey of
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Bozeman City Commission Minutes, June 2, 2014
intersections at Davis and Baxter Lanes. City Staff was then recognized by MSU for their
contributions.
06:24:52 PM Break
Mayor Krauss called for a break.
06:34:15 PM Meeting called back to order.
Mayor Krauss called the meeting back to order.
06:34:22 PM Introduction
Administrative Services Director Anna Rosenberry began the presentation on the
Business Improvement Districts and Tax Increment Finance Districts programs.
2. 06:35:28 PM Downtown Business Improvement District Fiscal Year 2015
Budget and Work Plan (Chris Naumann, Downtown Bozeman
Partnership) K1'a
Mr. Naumann gave the presentation for the Downtown Business Improvement District
Fiscal Year 2015 Budget and Work Plan.
06:42:42 PM Commission questions for Staff
The Commission and Staff discussed graffiti, marketing, flower baskets, street lamps, and
tree replacement.
3. 06:48:08 PM Tax Increment Finance District Fiscal Year 2015 Budget and
Work Plan (Chris Naumann, Downtown Bozeman Partnership) K a
Mr. Naumann gave the presentation for the Tax Increment Finance District Fiscal Year
2015 Budget and Work Plan.
06:59:50 PM Commission questions for Staff
The Commission and staff discussed affordable housing, streetscape elements, alleys and
bike racks.
4. 07:10:38 PM North Seventh Urban Renewal Board Fiscal Year 2015
Work Plan and Budget (Brekke) `'G
Neighborhood Planner Allyson Brekke began the presentation for the North Seventh
Urban Renewal Board Fiscal Year 2015 Work Plan and Budget. Board Member Kevin
Cook continued the presentation.
07:20:01 PM Commission questions for Staff
The Commission and staff discussed broadband, revenue projections, lighting, expansion,
staff costs, sidewalks, and bonding for completion of lights and sidewalks.
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Bozeman City Commission Minutes, June 2, 2014
5. 07:31:54 PM Northeast Urban Renewal Board Fiscal Year 2015 Work
Plan and Budget (Brekke) K:�L a
Board Chair Tom Noble gave the presentation for the Northeast Urban Renewal Board
Fiscal Year_2015 Work Plan and Budget.
07:35:29 PM Commission questions for Staff
The Commission and Staff discussed redevelopment funds, sidewalks,the brewery area
and the priority list.
07:42:05 PM Break
Mayor Krauss called for a break.
07:52:51 PM Meeting called back to order.
Mayor Krauss called the meeting back to order.
1. 07:52:55 PM Action Items
1. 07:53:01 PM Partridge Downs Major Subdivision Preliminary Plat to
subdivide approximately 6.21 acres into 30 residential single-household
lots, an open space lot and street right of ways, Application P14015
(Rogers) a
07:53:02 PM Staff Presentation
Staff Planner Tom Rogers gave the staff presentation regarding the Partridge Downs
Major Subdivision Preliminary Plat to subdivide approximately 6.21 acres into 30
residential single-household lots, an open space lot and street right of ways, Application
P14015.
08:01:34 PM Commission questions for Staff
The Commission and staff discussed the existing home, block length, the conditions and
cash-in-lieu funds.
08:08:11 PM Applicant presentation
The Applicant representative gave their presentation for the Partridge Downs Major
Subdivision Preliminary Plat to subdivide approximately 6.21 acres into 30 residential
single-household lots, an open space lot and street right of ways, Application P14015.
08:09:20 PM Commission questions for Applicant.
08:11:26 PM Public Comment
Mayor Krauss opened public comment.
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Bozeman City Commission Minutes, June 2, 2014
08:11:40 PM Tammy Begarin,Public comment
Ms. Begarin stated she does not feel that there is enough green space in Bozeman. She
asked that the development offer the parkland dedication.
08:14:34 PM Public Comment closed
Mayor Krauss closed public comment.
08:14:42 PM Motion 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 reportfor application P14015 and move to accept cash in-lieu of parkland
dedication as described in Section 5.
Commissioner - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:15:03 PM Commission Discussion on the Motion.
Discussion took place regarding existing green space and parks.
08:20:11 PM Vote on the Motion 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 P14015 and move to accept cash
in-lieu of parkland dedication as described in Section 5.
Commissioner- Cynthia Andrus: Motion
Commissioner- I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Absent
Commissioner- Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
08:20:27 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 P14015 and move to approve the Partridge
Downs Major Subdivision with conditions and subject to all applicable code provisions.
Commissioner- Cynthia Andrus: Motion
Commissioner- I-Ho Pomeroy
08:20:57 PM Commission Discussion on the Motion.
08:22:20 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 P14015 and move to approve the
Partridge Downs Major Subdivision with conditions and subject to all applicable code
provisions.
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Bozeman City Commission Minutes, June 2, 2014
Commissioner- Cynthia Andrus: Motion
Commissioner- I-Ho Pomeroy: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Absent
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
2. 08:22:39 PM Westerman Accessory Garage Sketch Plan Certificate of
Appropriateness with Variances at 420 South Willson Avenue,
Application Z14094 (Quasi-Judicial) (Kramer) `y a
Staff Planner Courtney Kramer gave the staff presentation for the_Westerman Accessory
Garage Sketch Plan Certificate of Appropriateness with Variances at 420 South Willson
Avenue, Application Z14094
08:32:29 PM Commission questions for Staff
The Commission and Staff discussed the deviations, revenue vs value, moving the garage
doors, maintenance, setback, historic overlay area and the criteria set by state law.
08:47:21 PM Applicant Presentation
The Applicant representative gave their presentation regarding Westerman Accessory
Garage Sketch Plan Certificate of Appropriateness with Variances at 420 South Willson
Avenue, Application Z14094. They spoke regarding the Garage Location.
08:52:31 PM Commission questions for Applicant
The Commission and Applicant discussed the proximity of the sidewalk and risks.
08:58:00 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
08:58:31 PM Motion that having reviewed the application materials,staff report with
Findings of Fact, considered public comment, and considered all of the information
presented, I hereby adopt the findings presented in the staff report for application
Z14094 and move to approve the Variance from BMC 38.21.050 G—Detached
Structures to allow an accessory structure to encroach 11 feet into the required 20 foot
rear yard setback with conditions.
Commissioner- I-Ho Pomeroy: Motion
Commissioner- Chris Mehl: 2nd
08:59:23 PM Commission discussion on the Motion
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Bozeman City Commission Minutes, June 2, 2014
09:04:33 PM Vote on the Motion that having reviewed the application materials, staff
report with Findings of Fact, considered public comment, and considered all of the
information presented, I hereby adopt the findings presented in the staff report for
application Z14094 and move to approve the Variance from BMC 38.21.050 G—
Detached Structures to allow an accessory structure to encroach 11 feet into the
required 20 foot rear yard setback with conditions.
Commissioner- I-Ho Pomeroy: Motion
Commissioner- Chris Mehl: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Absent
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
09:04:50 PM Motion that having reviewed the application materials,staff report with
Findings of Fact, considered public comment, and considered all of the information
presented,I hereby adopt the findings presented in the staff report for application
Z14094 and move to approve the Variance from BMC 38.08.050.A.1 c— Yards to allow
an accessory structure to encroach. 13.5 feet into the 15 foot corner side yard setback
with conditions.
Commissioner- I-Ho Pomeroy: Motion
Commissioner- Chris Mehl: 2nd
09:05:41 PM Commission discussion on the Motion
09:09:27 PM Vote on the Motion that having reviewed the application materials,staff
report with Findings of Fact, considered public comment, and considered all of the
information presented,I hereby adopt the findings presented in the staff reportfor
application Z14094 and move to approve the Variance from BMC 38.08.050.A.Ic—
Yards to allow an accessory structure to encroach 13.5 feet into the 15 foot corner side
yard setback with conditions.
Commissioner- Cynthia Andrus: Motion
Commissioner- Chris Mehl: 2nd
Mayor-Jeff Krauss: Disapprove
Deputy Mayor- Carson Taylor: Absent
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
09:09:46 PM Motion that having reviewed the application materials, staff report with
Findings of Fact, considered public comment, and considered all of life information
presented, I hereby adopt the findings presented in the staff report for application
Z14094 and move to approve the Variance from BMC 38.08.050.A.4— Vehicle
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Bozeman City Commission Minutes, June 2, 2014
Entrances to allow a garage vehicle entrance to be 1.5 feet from the property line with
conditions.
Commissioner- I-Ho Pomeroy: Motion
Commissioner- Chris Mehl: 2nd
09:10:33 PM Commission Discussion on the Motion
The Commission discussed the safety concern of the garage location and the sidewalk.
The applicant offered to change the plan for the garage loading area to the alley instead of
the sidewalk entrance.
09:26:11 PM Vote on the Motion that having reviewed the application materials, staff
report with Findings of Fact, considered public comment, and considered all of the
information presented, I hereby adopt the findings presented in the staff reportfor
application Z14094 and move to approve the Variance from BMC 38.08.050.A.4—
Vehicle Entrances to allow a garage vehicle entrance to be 1.5 feet from the property
line with conditions.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor- Jeff Krauss: Disapprove
Deputy Mayor- Carson Taylor: Absent
Commissioner- Chris Mehl: Disapprove
Commissioner- Cynthia Andrus: Disapprove
Commissioner- I-Ho Pomeroy: Disapprove
09:26:37 PM Motion that having reviewed the application materials, staff report with
Findings of Fact, considered public comment, and considered all of the information
presented, I hereby adopt the findings presented in the staff report for application
Z14094 and move to approve the Variance from BMC 38.25.0IOA5—No parking
permitted in the front or side yard to allow parking in the corner side yard along West
Story Street with conditions.
Commissioner- I-Ho Pomeroy: Motion
Commissioner- Chris Mehl: 2nd
09:27:32 PM Discussion on the Motion
09:29:12 PM Vote on the Motion that having reviewed the application materials, staff
report with Findings of Fact, considered public comment, and considered all of the
information presented,I hereby adopt the findings presented in the staff report for
application Z14094 and move to approve the Variance from BMC 38.25.OIOA5—No
parking permitted in the front or side yard to allow parking in the corner side yard
along West Story Street with conditions.
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Bozeman City Commission Minutes, June 2, 2014
Commissioner- I-Ho Pomeroy: Motion
Commissioner- Chris Mehl: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Absent
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
09:29:30 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 Z14094 and move to approve tit
Sketch Plan Certificate of Appropriateness with conditions and subject to all applicable
code provisions with the friendly amendment to add a ;?Ih condition to allow for the
maraze to open onto the alley way.
Commissioner- I-Ho Pomeroy: Motion
Commissioner- Chris Mehl: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Absent
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
J. 09:32:07 PM FYI/Discussion
1. The City Commission meeting on June 9th will begin early at 5 p.m.
2. Survey of sidewalks. 7,000 feet of sidewalks from Willson to the east need
repair. Public Works will mark the sidewalks that need repaired and alert
the property owners.
3. Introduction of New City Attorney Karen Stambaugh.
K. 09:37:23 PM Adjournment
Mayor Krauss adjourned the meeting at 9:37 p.m.
Je auss, Mayor
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Bozeman City Commission Minutes, June 2, 2014
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