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HomeMy WebLinkAbout06-02-2014 Minutes, City Commission U� 7ri9 ' 8°0 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 Page 1 of 11 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 Page 2 of 11 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 Page 3 of 11 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. Page 4 of 11 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. Page 5 of 11 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. Page 6 of 11 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 Page 7 of 11 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 Page 8 of 11 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. Page 9 of 11 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 OZ41 ATTEST: :�� �•.�::, Stac Ul n, C'.1V j✓;C,-- . , •0 .f4 I'fN PREPARED BY: Page 10 of 11 Bozeman City Commission Minutes, June 2, 2014 C�Z Stacy 1 , City der Approved on Page 11 of 11