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HomeMy WebLinkAboutJuly 7, 2014 DRAFT Mins Page 1 of 22 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, July 7, 2014 Minutes linked to the video can be found online at: http://www.bozeman.net/Departments/Administration/City-Commission/Streaming- Video/Archives 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, Assistant City Attorney Tim Cooper and City Clerk Stacy Ulmen. Table of Contents Z A. 05:00:24 PM Call to Order – 5 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 5:00 p.m. B. 05:00:25 PM Pledge of Allegiance and a Moment of Silence C. 05:01:03 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated that it is his understanding that the Commission would like to further discuss Consent Item No. 2. D. 05:01:35 PM Minutes – June 16, 2014 Z and June 23, 2014 Z 05:01:39 PM Motion and Vote to approve the minutes from June 16th and June 23rd, 2014 as submitted. Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve 7 Bozeman City Commission Minutes, July 7, 2014 Page 2 of 22 Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve E. 05:01:56 PM Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) Z 2. Community Development Block Grant Planning Application to the Montana Department of Commerce (Thomas) Z *moved to Action 3. Notice of Award for the 2014 Pavement Markings Project to Montana Lines Inc. in the amount of $83,476.10 (Kerr) Z 4. Amendment 1 to Professional Services Agreement for the Story Mill Landfill Corrective Measures Assessment (Hixson) Z 5. Professional Services Agreement with Tetra Tech for sidewalk removal and asbestos remediation along South Wallace Avenue (Johnson) Z 6. Continue the public hearing for Essential Services Municipal Code Amendment, Application Z14120 to July 28, 2014 (Saunders) Z 7. Resolution 4526, Intent to order installation of sidewalks in portions of Baxter Meadows and Cattail Creek Subdivisions (Kerr) Z 8. Final Adoption of Ordinance 1892, Amending Chapter 36, Article 4 Bozeman Municipal Code related to the Montana State University Residential Parking District (Lee) Z 05:02:01 PM Public Comment on Consent Mayor Krauss opened public comment on the Consent items. No person commented. Mayor Krauss closed public comment. 05:02:15 PM Motion and Vote to approve Consent Items E. 1 and 3-8 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. 05:02:58 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 8 Bozeman City Commission Minutes, July 7, 2014 Page 3 of 22 G. 05:03:27 PM Action Items 05:03:32 PM Consent Item 2. 05:03:40 PM Community Development Block Grant Planning Application to the Montana Department of Commerce (Thomas) Z 05:03:41 PM Staff Presentation City Manager Chris Kukulski gave the staff presentation for the Community Development Block Grant Planning Application to the Montana Department of Commerce. This is a grant application is for the infill policy work. 05:05:36 PM Commission Questions for Staff The Commission and staff discussed concern of using infill money and wanting to making sure that staff has the time to do this. Mr. Kukulski stated that he will verify that time commitments are appropriate. 05:07:56 PM Motion to approve the Mayor signing the 2014 Community Block Grant Application for planning funds for studying the Neighborhood Conservation Overlay District as discussed. Commissioner - Chris Mehl: Motion Deputy Mayor - Carson Taylor: 2nd 05:08:13 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 05:08:45 PM Vote on the Motion to approve the Mayor signing the 2014 Community Block Grant Application for planning funds for studying the Neighborhood Conservation Overlay District as discussed. Commissioner - Chris Mehl: 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 1. 05:09:07 PM Provisional Adoption of Ordinance 1885 ratifying the City Manager’s signature on a Purchase and Sale agreement transferring ownership of the North Park property to Micropolitan Enterprises, LLC and Powder River Company, LLC (Fontenot) Z 9 Bozeman City Commission Minutes, July 7, 2014 Page 4 of 22 05:09:33 PM Brit Fontenot, Economic Development Director Mr. Fontenot gave the staff presentation regarding the Provisional Adoption of Ordinance 1885 ratifying the City Manager’s signature on a Purchase and Sale agreement transferring ownership of the North Park property to Micropolitan Enterprises, LLC and Powder River Company, LLC. 05:12:25 PM Eric Nelson, Development Team member and Applicant Representative Mr. Nelson spoke regarding the acquisition and development of this parcel. 05:14:33 PM Commission Questions for Applicant The Commission and the Applicant representative spoke regarding the zoning of the area and the 6 month clause timing for the master plan approval. 05:16:02 PM Brit Fontenot, Economic Development Director Mr. Fontenot continued the staff presentation highlighting the goal of the development of the property. 05:19:13 PM Commission Questions for Staff and Applicant The Commission and Staff discussed the marketing strategies for this property, exposure of the property, the Tax Increment Financing entitlement, public easements and access, where the money will be placed in the City funds once the property is sold, the purchase of the property 11 years ago without an appraisal, the Economic Development Director’s requests for M2 zoning property projects, the economic analysis and working collectively with the State. 05:34:27 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 05:35:21 PM Motion that having conducted a public hearing, considered public testimony, and based on the findings contained in this and other related staff memoranda, the content of Ordinance 1885 and findings articulated by the Commission during discussion, I hereby move to provisionally adopt Ordinance 1885 ratifying the City Manager’s signature on the Agreement to Sell and Purchase Real Estate, the North Park property, with Micropolitan Enterprises, LLC and Powder River Company, LLC. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd 05:36:11 PM Commission Discussion on the Motion and Perspectives Deputy Mayor Taylor stated that it is time for the City to move on from this property. He doesn’t feel that the City will develop it nor should develop it. He is perturbed over the amount of money we are selling the property for given all that is going on now. If he thought waiting to get more money would work, he would do that but he is 10 Bozeman City Commission Minutes, July 7, 2014 Page 5 of 22 ready to get it to a place where it is developing. He is convinced that this is the best course of action. The purchaser is buying at the market price and moving ahead to development. Cr. Pomeroy stated that she agrees with Deputy Mayor Taylor. The purchase was very poorly done in the past. The City needs to get off this book and move forward. It will be a good use for the land. She believes this is great and she will support the sale. Mayor Krauss spoke regarding where the money came from to originally purchase the property. He spoke regarding funding from deposits into the landfill. There was an excess in the fund. It was not the post closure fund where it came from. The money should go into the General Fund from the sale because this way we can transfer the money and discuss it. All the liabilities end in the General Fund. The payment on the lawsuit came out of the General Fund. He sees no reason why a commission would not error on the side of the General Fund. Cr. Andrus stated that she is supporting this motion and that we have had two appraisals completed on the property. We have a local buyer with a plan. She would be happier with less than 6 months but understands there is a lot to do. She agrees with the General Fund placement of the funds from the sale. She is glad to see that we are moving on this. Cr. Mehl stated that this may have been 11 years ago (when the property was purchased) but we still live with it to this day. We have made strides. There was not a direct purpose in mind in the past, and an appraisal was not done upon the purchase of the property . This was however appropriately put into our standards. We need to move forward and the market is doing well right now. He is satisfied with using a real estate agent. Holding land to speculate it will increase in value is not top of priority list. He added that we cannot bind future commissions. 05:48:29 PM Friendly Amendment to strike Section 3 of Ordinance No. 1885. Deputy Mayor Taylor posed a Friendly Amendment to strike Section 3 of Ordinance No. 1885. Cr. Pomeroy agreed to the Friendly Amendment. 05:48:48 PM Continued Commission Discussion on the Motion and Perspective Mayor Krauss spoke regarding prior Study Commission efforts related to changing our policies. We are turning this back to the private sector and the focus is on jobs and tech areas and he will be paying attention so that it stays that way. We didn’t have the same rules in the past, hadn’t engaged in a lot of real estate in the past. That was a different time. He will be supporting this motion and we are returning this to the private sector. Give the Tax Increment Financing District a chance to operate. 05:52:47 PM Friendly Amendment clarification Deputy Mayor Taylor posed a Friendly Amendment to clarify his prior Friendly Amendment to not strike section 3 in Ordinance No. 1885, but rather to say that we deposit the funds from the sale into the “General Fund” and strike “Landfill Post Closure Fund”. 05:53:39 PM Vote on the Motion that having conducted a public hearing, considered public testimony, and based on the findings contained in this and other related staff 11 Bozeman City Commission Minutes, July 7, 2014 Page 6 of 22 memoranda, the content of Ordinance 1885 and findings articulated by the Commission during discussion, I hereby move to provisionally adopt Ordinance 1885 ratifying the City Manager’s signature on the Agreement to Sell and Purchase Real Estate, the North Park property, with Micropolitan Enterprises, LLC and Powder River Company, LLC, with the Friendly Amendment to not strike section 3 in Ordinance No. 1885, but rather to say that we deposit the funds from the sale into the “General Fund” and strike “Landfill Post Closure Fund”. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 05:54:13 PM Break. Mayor Krauss called for a Break. 06:04:16 PM Meeting Called back to order Mayor Krauss called the meeting back to order. 2. 06:04:36 PM Southbridge Major Subdivision Preliminary Plat Modification, located southeast of the intersection of West Graf Street and 19th Avenue South, Application P14010 (Quasi-Judicial) (Continued from June 23, 2014) (Rogers) Z 06:04:56 PM Tom Rogers, Staff Presentation Staff Planner Tom Rogers gave the staff presentation regarding the Southbridge Major Subdivision Preliminary Plat Modification, located southeast of the intersection of West Graf Street and 19th Avenue South, Application P14010. Some modifications needed to be made towards the cash-in-lieu of parkland. On June 23rd the Commission identified some concerns that they wanted more time to consider. The concerns were in regards to circulation of the modifications and block 9 of the project. The Applicant has made changes since the hearing on June 23rd. 06:11:36 PM Commission Questions for Staff There were no questions for staff. 06:12:02 PM Applicant Presentation The applicant did not have any additional presentation as it was given on June 23, 2014. 06:12:14 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 12 Bozeman City Commission Minutes, July 7, 2014 Page 7 of 22 06:12:29 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 P14010 and move to approve the Southbridge Major Subdivision with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd 06:13:09 PM Commission Discussion on the Motion and Perspectives Commissioner Andrus stated that she is going to support the motion as the made changes including making the lots smaller and make sure that there is enough parkland. She appreciates the work that has been done. Commission Pomeroy stated that she agrees with Commissioner Andrus and that she likes that the park is getting bigger. Mayor Krauss spoke regarding his objection the first time in taking cash in lieu of park land. We know we can’t buy land for the price that we get cash for. He almost wants land over cash. This is not an infill situation. 06:14:50 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 P14010 and move to approve the Southbridge Major Subdivision with conditions and subject to all applicable code provisions. 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 3. 06:15:10 PM Continue the public hearing for Legends at Bridger Creek II, Phase III Major Subdivision, Application P14022 to July 21, 2014 (Rogers) Z 06:15:49 PM Staff Presentation Staff Planner Tom Rogers stated that the Applicant is asking for a 2 week delay so that they can explore potential options on their design based upon the Planning Board’s review. 06:16:18 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 13 Bozeman City Commission Minutes, July 7, 2014 Page 8 of 22 06:16:35 PM Motion to hereby continue the public hearing on application P14022, Legends at Bridger Creek II, Phase III Major Subdivision to July 21, 2014. Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 06:16:59 PM Commission Discussion on the Motion and Perspectives Commissioner Mehl stated that he wants to make sure that this item can be heard on the 21st. Mayor Krauss confirmed that it will be on the agenda. 06:17:07 PM Vote on the Motion to hereby continue the public hearing on application P14022, Legends at Bridger Creek II, Phase III Major Subdivision to July 21, 2014. 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 4. 06:17:35 PM Sora Way Accessory Dwelling Unit Conditional Use Permit for an accessory dwelling unit within a single-household residence at 3308 Sora Way within Cattail Creek Subdivision, Application Z14136 (Quasi- Judicial) (Brekke) Z 06:17:51 PM Staff Presentation Staff Planner Allyson Brekke gave the presentation for the Sora Way Accessory Dwelling Unit Conditional Use Permit for an accessory dwelling unit within a single- household residence at 3308 Sora Way within Cattail Creek Subdivision, Application Z14136. 06:22:54 PM Commission questions for Staff The Commission and staff discussed the construction of 2 sewer lines in the area, the zoning of the area, owner occupancy provisions and the size of the Accessory Dwelling Unit. 06:31:44 PM Applicant Presentation. Ms. Brekke stated that the Applicant was not in attendance and asked that the Commission table this until later in the meeting so that she can contact them. 06:32:18 PM Public Comment. Mayor Krauss opened public comment. 14 Bozeman City Commission Minutes, July 7, 2014 Page 9 of 22 06:33:01 PM Callie Miller, Public Comment Ms. Miller stated that she lives across the street and that she is in favor of this project. It makes it appealing and has been allowed in other spots in the community. 06:34:38 PM Public Comment closed Mayor Krauss closed public comment. 06:34:46 PM Motion and Vote to table this item until we get an applicant until the end of the meeting. The Commission agreed to this motion but a role call was not called. 5. 06:35:33 PM Flanders Mill Subdivision Preliminary Plat for a Major Subdivision with 295 lots and associated open spaces, streets, and parks with requests for alternatives to standards for block length and park land dedication and Variances for block width, watercourse and wetland setbacks, provision of sidewalks, and block length, located southeast of the intersection of Flanders Mill Road and Baxter Lane and west of Ferguson Avenue, Application P14024 (Quasi-Judicial) (Saunders) Z 06:36:19 PM Staff Presentation Staff Planner Chris Saunders gave the staff presentation regarding Flanders Mill Subdivision Preliminary Plat for a Major Subdivision with 295 lots and associated open spaces, streets, and parks with requests for alternatives to standards for block length and park land dedication and Variances for block width, watercourse and wetland setbacks, provision of sidewalks, and block length, located southeast of the intersection of Flanders Mill Road and Baxter Lane and west of Ferguson Avenue, Application P14024. 07:00:25 PM Commission Questions for Staff The Commission and Staff discussed privately owned open spaces, variances, lot length, the alternative sidewalk item, hardships, the intersection of Ferguson and Durston, the City’s responsibility, park easements, levels of service, condition no. 47, residences in phases 1-4, the City’s project list of improvements to intersections and an explanation of phasing of this subdivision. 07:31:06 PM Applicant Presentation Scott Bechtle, Architect gave the applicant presentation Flanders Mill Subdivision Preliminary Plat for a Major Subdivision with 295 lots and associated open spaces, streets, and parks with requests for alternatives to standards for block length and park land dedication and Variances for block width, watercourse and wetland setbacks, provision of sidewalks, and block length, located southeast of the intersection of Flanders Mill Road and Baxter Lane and west of Ferguson Avenue, Application P14024. The property has some challenges. He spoke regarding the power station view and how to reduce the impacts of the station, the goal to restore the stream to its original location, Parks and Open space, connectivity and fence styles. 15 Bozeman City Commission Minutes, July 7, 2014 Page 10 of 22 07:44:56 PM Commission Questions for Applicant. The Commission and Applicant discussed the sidewalk alternatives of an asphalt trail, bike lane areas, intersection improvements and intrusion into wetlands areas. 07:55:40 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 08:00:10 PM Motion 1 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 regarding dedication of parkland and waiver of park land dedication perArticle 38.27 and move to accept the combination of dedicated parkland as depicted in Park 1 and Park 2 and granting a waiver of dedication of additional parkland per Section 38.27.100 as depicted in the submittal materials with the applicable conditions set forth in the staff report. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd 08:00:59 PM Commission Discussion on the Motion and Perspectives Deputy Mayor Taylor stated his concern of access and visibility. The design is meant to draw you into it. Not many parks like that which become community centers. Conceptually he can’t tell but it looks more open and available. There are 5 access points that are trails. In this case it works. Commissioner Andrus stated there are a lot of other park areas around the proposed area itself. She hears the Mayor’s concern of the parking but with that many parks, shouldn’t be an issue. Commissioner Mehl stated that there is an enormous amount of open space. 08:06:38 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 regarding dedication of parkland and waiver of park land dedication perArticle 38.27 and move to accept the combination of dedicated parkland as depicted in Park 1 and Park 2 and granting a waiver of dedication of additional parkland per Section 38.27.100 as depicted in the submittal materials with the applicable conditions set forth in the staff report. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 16 Bozeman City Commission Minutes, July 7, 2014 Page 11 of 22 08:06:57 PM Motion 2 that having considered the proposed Park Plan for the subdivision and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report regarding the reconfiguration of the existing park easement and direct that Staff prepare the necessary documents to release and reconvey the eastern end of Park 1 in coordination with the final plat of the initial phase of the subdivision and the adoption of the Park Master Plan for the subdivision. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd 08:07:30 PM Commission Discussion on the Motion and Perspectives Deputy Mayor Taylor stated that it his understanding we are doing a flip. He likes the looks of this. The Park and Recreation Board is behind it. Mayor Krauss stated that he wants to make sure that we are getting the dedication of public easements of private open space and the parkland dedication in phase 1. Mr. Saunders verified that we are. Commissioner Mehl stated that Condition No. 14 needs to be changed in the Ordinance. 08:09:20 PM Vote on the Motion that having considered the proposed Park Plan for the subdivision and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report regarding the reconfiguration of the existing park easement and direct that Staff prepare the necessary documents to release and reconvey the eastern end of Park 1 in coordination with the final plat of the initial phase of the subdivision and the adoption of the Park Master Plan for the subdivision. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 08:09:35 PM Motion 3 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 and move to approve the variance from Section 38.23.100 to allow encroachment into the required 50 foot wetland setback as depicted on Exhibit 4.1 in the submittal materials with the applicable conditions set forth in the staff report. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd 17 Bozeman City Commission Minutes, July 7, 2014 Page 12 of 22 08:10:11 PM Commission Discussion on the Motion and Perspectives Deputy Mayor Taylor stated that we do need a finding of a hardship. He spoke regarding the existence of the stream and moving it. He likes the way this plays into it and creates a unique condition. The Wetlands Board thought that this was a better idea than what exists. He feels the conditions are met. Cr. Mehl stated that he agrees with Deputy Mayor Taylor. This has to do more with the physical surroundings. He agrees that the conditions have been met. Mayor Krauss stated that we have looked at this in the past. He spoke regarding stream side cafés and that they need to be in the setbacks. It is a new geographical situation. The other unique piece is it establishes a north south corridor. Feels there are no additional costs to the City because most of it is privately maintained. It provides a superior product. 08:13:01 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 and move to approve the variance from Section 38.23.100 to allow encroachment into the required 50 foot wetland setback as depicted on Exhibit 4.1 in the submittal materials with the applicable conditions set forth in the staff report. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 08:13:14 PM Motion 4 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 and move to approve the variance from Section 38.23.040.C to allow a block width of less than 200 feet for Blocks 7, 9, 12, 14, 15, 18 as depicted on Sheets 1 and 2 of the preliminary plat in the submittal materials with the applicable conditions set forth in the staff report. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd 08:14:00 PM Commission Discussion on the Motion and Perspectives Deputy Mayor Taylor stated that we are dealing with topographical conditions that are important to the development and moving us back to what used to be and at the same time creating public access land. Commissioner Andrus stated that she agrees with moving water course to where it naturally flowed and that it opens up open space and availability to the development. This is the the right thing to do. She feels that the variance is met. 18 Bozeman City Commission Minutes, July 7, 2014 Page 13 of 22 08:15:31 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 and move to approve the variance from Section 38.23.040.C to allow a block width of less than 200 feet for Blocks 7, 9, 12, 14, 15, 18 as depicted on Sheets 1 and 2 of the preliminary plat in the submittal materials with the applicable conditions set forth in the staff report. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Disapprove Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 08:15:56 PM Motion 5 that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings related to alternative block length compliance as allowed by Section 38.23.040 as presented in the staff report and move to approve Blocks 13, 15, 16, 17, 20, 22 and 24 to have a length in excess of 400 feet as depicted on Sheets 1 and 2 of the preliminary plat in the submittal materials with the applicable conditions set forth in the staff report. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd 08:16:40 PM Commission Discussion on the Motion and Perspectives Deputy Mayor Taylor stated that this is dictated by the stream. He feels the we would find ourselves building streets across what he feels is a significant feature which he feels that we should let alone. There are two internal crossings and then the main road crosses it as well and should be adequate for traffic patterns. There are some pedestrian access points as well. 08:17:32 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 related to alternative block length compliance as allowed by Section 38.23.040 as presented in the staff report and move to approve Blocks 13, 15, 16, 17, 20, 22 and 24 to have a length in excess of 400 feet as depicted on Sheets 1 and 2 of the preliminary plat in the submittal materials with the applicable conditions set forth in the staff report. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve 19 Bozeman City Commission Minutes, July 7, 2014 Page 14 of 22 Commissioner - I-Ho Pomeroy: Approve 08:17:52 PM Motion 6 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 regarding a variance from Section 38.24.060 to allow an intersection to function below level of service “C” as depicted on page 10 of the traffic impact study in the submittal materials with the applicable conditions set forth in the staff report. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd 08:18:18 PM Commission Discussion on the Motion and Perspectives Deputy Mayor Taylor stated that the onus goes back to the City to move forward on this. We need to move forward on this. In the long run this will be a step forward and a quicker way to get this done because of this subdivision. He is willing to go with dropping the level of service. Commissioner Mehl stated that he agrees. He is hoping that we can work something out before it gets worse. He wants this discussed in the future with the Staff and Commission. The money was approved in the General Fund and other developments are coming so now is the time to get our arms around this. He will support this. Commissioner Andrus stated that she will support this but that this one gave her the most heart burn. We do have an entire network to look at not just an intersection and looks forward to having a conversation between Staff and the Commission. Let’s work with county to get things moving forward and that this will progress in a manner that gets better instead of worse. Mayor Krauss stated that he not willing to impose a moratorium on this. This is our opportunity to get a road through and developed and get others to join a Special Improvement District. He would like to get the next piece of Durston and Ferguson done. We own the failure now. The new Flanders Mill subdivision will make Baxter better when the road is through. This is a problem of the past. He will support this and he wants to have a discussion between Staff and the Commission on how to pay for the percentage we own and solve some of the bottle necks. He worries about the other end. Baxter and Ferguson. 08:23:32 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 regarding a variance from Section 38.24.060 to allow an intersection to function below level of service “C” as depicted on page 10 of the traffic impact study in the submittal materials with the applicable conditions set forth in the staff report. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve 20 Bozeman City Commission Minutes, July 7, 2014 Page 15 of 22 Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 08:23:46 PM Motion 7 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 and move to approve the variance from Section 38.24.080 to allow the development to not construct a concrete sidewalk in the standard location and size within the dedicated right of way for Ferguson Avenue, Baxter Lane, and Flanders Mill Road and to instead construct a Class I asphalt trail in a public access easement adjacent to the street right of way as depicted on Sheets 1 and 2 of the preliminary plat and in the Park Plan in the submittal materials with the applicable conditions set forth in the staff report. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd 08:24:39 PM Commission Discussion on the Motion and Perspectives Deputy Mayor Taylor stated that this one gave him some heartburn because of the standard is a little looser than other variance standards. He feels there is an undue hardship. He takes variance seriously. He feels this meets the condition for a hardship. The hardship is combined with major roads in the area and the topography his opinion. Commissioner Pomeroy spoke regarding the inclusion of a bike path. Mayor Krauss stated that this is a difficult one for him. His take on this is if this is a superior product we need to make a code revision because this is not truly a hardship and he can’t make that finding. We should create this as an alternative and use this one as an example. He spoke regarding two alternatives; a sidewalk, bike lane and road is a transportation district, and the asphalt thing is something else and he would not want these in lieu of transportation paths. One is more transportation and one is more leisure. He does not know how to make this a hardship. We need to make a change to allow this. Commissioner Mehl stated that he agrees with the hardship. 08:29:28 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 and move to approve the variance from Section38.24.080 to allow the development to not construct a concrete sidewalk in the standard location and size within the dedicated right of way for Ferguson Avenue, Baxter Lane, and Flanders Mill Road and to instead construct a Class I asphalt trail in a public access easement adjacent to the street right of way as depicted on Sheets 1 and 2 of the preliminary plat and in the Park Plan in the submittal materials with the Applicable conditions set forth in the staff report. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Disapprove Deputy Mayor - Carson Taylor: Approve 21 Bozeman City Commission Minutes, July 7, 2014 Page 16 of 22 Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 08:29:49 PM Motion 8 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 P14024 and move to approve the major subdivision with conditions and subject to all applicable code provisions and incorporating all prior actions relating to dedication of parks , watercourse setbacks, block width, block length provision of alternative sidewalks, and the level of service at the intersection of Ferguson Avenue and Durston Road with the conditions set forth in the staff report including the change in the fence condition 14. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd 08:30:41 PM Commission Discussion on the Motion and Perspectives Commissioner Andrus stated that this is an awesome project. She feels all variances were warranted. Commissioner Pomeroy stated that she agrees with Cr. Andrus and thanked the developer. This project will provide over 300 houses in Bozeman. Someday she would like to see everyone in Bozeman have a house 08:31:48 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 P14024 and move to approve the major subdivision with conditions and subject to all applicable code provisions and incorporating all prior actions relating to dedication of parks , watercourse setbacks, block width, block length provision of alternative sidewalks, and the level of service at the intersection of Ferguson Avenue and Durston Road with the conditions set forth in the staff report including the change in the fence condition 14. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 4. CONTINUED 08:32:29 PM Sora Way Accessory Dwelling Unit Conditional Use Permit for an accessory dwelling unit within a single-household residence at 3308 Sora Way within Cattail Creek Subdivision, Application Z14136 (Quasi-Judicial) (Brekke) Z 22 Bozeman City Commission Minutes, July 7, 2014 Page 17 of 22 08:32:32 PM Motion and Vote to take this item from the table. 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 Commissioner - I-Ho Pomeroy: Approve 08:33:08 PM Applicant Presentation The Applicant representative apologized for the scheduling mishap. He stated that he is available for questions. 08:33:32 PM Commission Questions for the Applicant The Commission and Applicant discussed if the buyer knows that there is an owner occupancy requirement. The Applicant representative stated yes. The Commission and Applicant discussed the size of the unit and adequate parking. 08:35:44 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 08:35:52 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 Z14136 and move to approve the 3308 Sora Way Accessory Dwelling Unit conditional use permit to allow the establishment of an accessory dwelling unit in a single-household residence with conditions and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor - Carson Taylor: 2nd 08:36:23 PM Commission Discussion on the Motion and Perspectives Cr. Mehl stated that there are pros and cons of ADUs. He is struck about the zoning in the area and that it is a small ADU. Deputy Mayor Taylor stated that he will support the motion . He always concerns with parking but it sounds like this is taken care of. Mayor Krauss suggested to make a condition that says “must be owner occupied” regardless if it is in the Code, he spoke regarding ADU locations. 08:37:52 PM Friendly Amendment to the Main Motion to add a condition that says “must be owner occupied” and then cite the Code provision. 23 Bozeman City Commission Minutes, July 7, 2014 Page 18 of 22 Cr. Mehl posed a Friendly Amendment to the Main Motion to add a condition that says “must be owner occupied” and then cite the Code provision. Deputy Mayor Taylor agreed. 08:38:13 PM Continued Commission Discussion on the Motion and Perspectives Mayor Krauss stated that we did plan to have ADU’s in the back. His concerns were jamming in ADUs in backyards towering over the neighbor’s property. R1 and 2 3 zoning we are blurring the lines a little more every day and talking more about design standards. He will vote for this because he voted for this the first time. Commissioner Pomeroy stated that she drove there and that there are other ADUs in the area. This is not a unique. She will support this one. 08:40:50 PM Vote on the Main 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 Z14136 and move to approve the 3308 Sora Way Accessory Dwelling Unit conditional use permit to allow the establishment of an accessory dwelling unit in a single-household residence with conditions and subject to all applicable code provisions with the Friendly Amendment to add a condition that says “must be owner occupied” and then cite the Code provision. Commissioner - Chris Mehl: 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 08:41:18 PM Break. Mayor Krauss declared a break. 08:48:23 PM Meeting called back to order. Mayor Krauss called the meeting back to order. 6. 08:48:24 PM Laurel Glen Lot 1, Block 9 Growth Policy Amendment to change 2.04 acres from Community Commercial Mixed Use to Residential, Resolution 4534, Intent to consider an Amendment to Figure 3-1 of the Bozeman Community Plan, 856 Loxley Drive, Application P14020 (Saunders) Z 08:48:36 PM Motion and Vote to table this application until next week because there is not an applicant available to present this evening. Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Approve 24 Bozeman City Commission Minutes, July 7, 2014 Page 19 of 22 Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 7. 08:49:39 PM Cattail North Growth Policy Amendment to change 32 acres from Residential to Community Commercial Mixed Use, Resolution 4533, Intent to consider an Amendment to Figure 3-1 of the Bozeman Community Plan, located southwest of the intersection of Valley Center Road and North 27th Avenue, Application P14016 (Saunders) Z 08:49:45 PM Staff Presentation. Mr. Saunders gave the Staff presentation for the Cattail North Growth Policy Amendment to change 32 acres from Residential to Community Commercial Mixed Use, Resolution 4533, Intent to consider an Amendment to Figure 3-1 of the Bozeman Community Plan, located southwest of the intersection of Valley Center Road and North 27th Avenue, Application P14016. 08:53:28 PM Commission Questions for Staff The Commission and staff discussed the resolution of intent, the formal adoption process, the location of the area, REMU zoning and the Nelson Road issue. 09:10:41 PM Applicant Presentation Applicant Representative Susan Riggs gave the applicant presentation for the Cattail North Growth Policy Amendment to change 32 acres from Residential to Community Commercial Mixed Use, Resolution 4533, Intent to consider an Amendment to Figure 3- 1 of the Bozeman Community Plan, located southwest of the intersection of Valley Center Road and North 27th Avenue, Application P14016. 09:15:09 PM Commission Questions for Applicant The Commission and applicant discussed REMU zoning considerations, restrictions of REMU, the definition of a center vs a corridor, hotels, airport access, real estate conditions, improvements to infrastructure, the vicinity location of this property from the new interchange being built near Belgrade and B2 zoning. 09:23:42 PM Public Comment Mayor Krauss opened public comment. 09:23:57 PM Callie Miller, Public Comment Ms. Miller stated that this project is near her area and it is full of residential and that this may be appealing to residential area. She is excited about the proposal. She urged the Commission to think ahead about what could go there outside of box stores and hotels. The infrastructure out there worries here. 09:25:57 PM Public Comment Mayor Krauss closed public comment. 25 Bozeman City Commission Minutes, July 7, 2014 Page 20 of 22 09:27:51 PM Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented and instruct staff to bring back a resolution amending the growth Policy. Commissioner - Chris Mehl: Motion Deputy Mayor - Carson Taylor: 2nd 09:29:21 PM Continued Commission Discussion on the Motion and Perspectives Cr. Mehl stated that this motion affects Application No. P-14016. There are contingencies in the staff report that he expects to be followed. He feels that B2 is more appropriate given how this property will be developed. He will vote in favor of his motion. Deputy Mayor Taylor there are standards for growth policy amendments and feels that they are met by the information that was given to the Commission. This particular area is better served by the change of the growth policy due to its location. He does not see REMU as a viable option in this area. He has concerns of creeping to the west but is alright with going this far. Commissioner Andrus stated that she has been persuaded that REMU does not work as well here as other locations. She spoke regarding the hard edge areas of the city and exploring what should be there. She is going to support the application. Commissioner Pomeroy stated that we need service places as well as housing. It is a good idea to make commercial property instead of a residential area because of the access to I-90. Mayor Krauss stated that we don’t need to limit to hotels. Community commercial lends itself to something better. REMU is experimental for the college area. See the edge city. Urban density and farm land, no feathering, we need to have a hard edge. His vision is large employer buildings there. 09:38:34 PM Vote on the Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented and instruct staff to bring back a resolution amending the growth Policy. Commissioner - Chris Mehl: 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 09:38:58 PM 8. Appointment to the Audit Committee (Brunckhorst) Z 09:39:01 PM Motion and Vote to appoint Joseph Huber to the Audit Committee. 26 Bozeman City Commission Minutes, July 7, 2014 Page 21 of 22 Commissioner - Chris Mehl: 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 09:39:19 PM 9. Reappointments to the Bozeman Historic Preservation Advisory Board (Brunckhorst) Z 09:39:20 PM Motion and Vote to reappoint Lora Dalton, Mark Hufstetler and Lisa Verwys and appoint new members Merri Ketterer, Kelsey Matson and Michelle Morgan to the Bozeman Historic Preservation Advisory Board. 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 09:39:52 PM 10. Reappointments to the Design Review Board (Brunckhorst) Z 09:39:54 PM Motion and Vote to reappoint Walter Banziger, Lori Garden, Melvin Howe and Lessa Racow to the Design Review Board. Commissioner - Chris Mehl: 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 H. 09:40:06 PM FYI/Discussion Mayor Krauss will be gone next week. Costs related to Aerial photos. Neighborhood Meeting at 7 p.m. July 8th at Riverside organized by the Riverside Neighborhood to discuss annexation. Formal Ribbon cutting of the new water plant, Wednesday at 1:30 p.m. Annual Gallatin Water Hike is this Friday. City Picnic this Thursday at 5 p.m. July 21st meeting starting at 5 p.m. Deputy City Clerk Aimee Brunckhorst receives Certified Municipal Clerk designation. 27 Bozeman City Commission Minutes, July 7, 2014 Page 22 of 22 I. 09:47:50 PM Adjournment Mayor Krauss adjourned the meeting at 9:47 p.m. ______________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, City Clerk Approved on ___________________________ 28