HomeMy WebLinkAboutJuly 14, 2014 Draft City Commission Minutes_2Page 1 of 21
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
AGENDA
Monday, July 14, 2014 Minutes linked to the video can be found online at:
http://www.bozeman.net/Departments/Administration/City-Commission/Streaming-
Video/Archives
Table of Contents
A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Pro-Tem Taylor called the meeting to order at 6:01 p.m. Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present Staff present at the dais was City Manager Chris Kukulski, City Attorney Greg Sullivan
and Deputy City Clerk Aimee Brunckhorst.
B. Pledge of Allegiance and a Moment of Silence
06:01:09 PM
C. Changes to the Agenda
None.
D. Authorize Absence of Mayor Krauss
Motion and Vote to approve the absence of Mayor Krauss.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 4-0.
E. Consent
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1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Notice of Award for a Sewer Vacuum Truck in the amount of $369,323.00
to Titan Machinery (Alston) 3. Partridge Downs Major Subdivision Preliminary Plat Findings of Fact and
Order (Rogers)
4. Annie Phase 2 Minor Subdivision Findings of Fact and Order (Thomas)
5. Westbrook Phase 1-4 Major Subdivision Findings of Fact and Order
(Thomas) 6. Trout Meadows Phase 3 Major Subdivision Findings of Fact and Order
(Thomas)
Mayor Pro-Tem Taylor opened public comment. No person commented. Mayor Pro-Tem Taylor closed public comment.
Motion and Vote to approve consent items E. 1-6 as submitted.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 4-0.
F. Public Comment - Please state your name and address in an audible tone of voice
for the record. This is the time for individuals to comment on matters falling
within the purview of the Bozeman City Commission. There will also be an opportunity in conjunction with each agenda item for comments pertaining to that
item. Please limit your comments to three minutes.
Mayor Pro-Tem Taylor opened general public comment. No person commented. Mayor
Pro-Tem Taylor closed general public comment.
G. Action Items
1. 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)
(continued from 7-7-14)
06:04:06 PM Chris Saunders, Community Development
Mr. Saunders presented the staff presentation on this item. Mr. Saunders explained that
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the Resolution of Intent for this item was revised today but the changes were editorial and
not substantive.
06:07:40 PM Cr. Pomeroy
Cr. Pomeroy began questions for staff.
06:11:36 PM Cr. Mehl
Cr. Mehl continued questions for staff. Cr. Mehl pointed out that the meeting on July 21, 2014 is when the Commission will
decide on what type of residential zoning would be approved.
06:15:20 PM Mayor Pro-Tem Taylor continued questions for staff. 06:19:02 PM Chuck Hinesly, Applicant
Mr. Hinesly asked if the Commission had any questions for him. Responding to a
question from Cr. Mehl he said he had not reviewed the memorandum but thought he
would likely be in agreement with it. He answered a question regarding why this was not done when the other parcel was.
06:21:23 PM Public Comment
Mayor Pro-Tem Taylor opened public comment. No person commented. Mayor Pro-Tem
Taylor closed public comment. 06:21:38 PM
Having reviewed the application materials, considered public comment, and
considered all of the information presented, I hereby adopt the findings presented in
the staff report for application P14020 and move to approve Commission Resolution 4534 the Growth Policy Amendment with the contingencies required to complete the application processing. Commissioner - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd 06:22:53 PM
Discussion on the motion.
06:22:59 PM Cr. Andrus said she would be supporting the motion and she spoke saying it
makes sense to move this property from community to residential because of the very
small nature of this commercial node and its location. She also mentioned that the Commission will be looking at this in the future when they update the growth policy as
she does feel they are important to the community.
06:23:49 PM Cr. Pomeroy said she agrees with Cr. Andrus.
06:23:55 PM Cr. Mehl said he would also agree with the comments made for the reasons
made about the distance.
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06:24:27 PM Mayor Pro-Tem Taylor
Mayor Pro-Tem Taylor said he would vote for the motion but when it was approved
originally it becomes difficult to say where the commercial node should be.
06:25:40 PM Vote on the motion.
Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in
the staff report for application P14020 and move to approve Commission Resolution
4534 the Growth Policy Amendment with the contingencies required to complete the application processing.
Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 4-0.
2. Fowler Place Subdivision Amended Plat to subdivide Lot 9 into 2 single-household residential lots with proposed Lot 9-B remaining a non-
buildable lot for temporary public and emergency access until the streets
and alleys are extended south to Cascade Street, 308 Fowler Avenue,
Application P14029 (Quasi-Judicial) (Rogers)
06:26:27 PM Tom Rogers, Community Development Department Planner
Mr. Rogers provided the staff presentation on this item.
06:30:42 PM Cr. Pomeroy began questions for staff. 06:32:55 PM Cr. Andrus continued questions for staff.
06:34:42 PM Mayor Pro-Tem Taylor continued questions for staff.
06:35:26 PM Lauren Waterton, Applicant
Ms. Waterton of Sanderson Stewart asked the Commission if they had any questions.
Public Comment
06:36:20 PM Mayor Pro-Tem Taylor opened public comment. No person commented.
Mayor Pro-Tem Taylor closed public comment.
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 P-14029 and move to approve the Subdivision with conditions and
subject to all applicable code provisions.
Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Discussion on the motion.
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06:38:01 PM Cr. Pomeroy said she is in favor of the motion.
Cr. Mehl spoke regarding the application.
06:38:24 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 P-14029 and move to approve the
Subdivision with conditions and subject to all applicable code provisions. Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 4-0.
3. Cannery District Zone Map Amendment, Provisional Adoption of
Ordinance 1895, a request to rezone approximately 7.77-acres from PLI
(Public Lands and Institutions District) and M-1 (Light Manufacturing District) to B-2 (Community Business District) located generally
northwest of the intersection of East Oak Street and North Rouse Avenue,
Application Z14072 (Krueger)
Brian Krueger with the Community Development Department provided the staff
presentation on this item.
06:44:58 PM Cr. Andrus began questions for staff.
06:45:52 PM
Mr. Lloyd of Comma Q Architecture asked the Commission if they have any questions.
Ben Lloyd, Applicant
Public Comment
Mayor Pro-Tem Taylor opened public comment. No person commented. Mayor Pro-Tem Taylor closed public comment.
06:46:50 PM
Having reviewed and considered the text of the ordinance, application materials,
public comment, the deliberations and recommendation of the Zoning Commission at their June 17, 2014 meeting, and all the information presented, I hereby adopt the findings presented in the staff report for application Z14072 and move to
provisionally adopt Ordinance 1895, the Cannery District Zone Map Amendment.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd 06:47:19 PM
Discussion on the motion.
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Cr. Mehl said the criterion have been met on this item. He spoke regarding the city
enjoying the cannery district since 1890 and is glad to see the public lands designation
removed.
06:48:05 PM Cr. Andrus agreed with Cr. Mehl and said that bringing this into
compliance with the businesses that are there is a good idea.
06:48:13 PM Mayor Pro-Tem Taylor continued the discussion saying he also agrees with
the criteria and the compatibility with urban growth and said he is excited by this project. 06:48:42 PM Cr. Pomeroy said she agreed with all the other commissioners and supports
this project.
06:48:55 PM Vote on the motion that having reviewed and considered the text of the ordinance, application materials, public comment, the deliberations and recommendation of the Zoning Commission at their June 17, 2014 meeting, and all the information presented, I hereby adopt the findings presented in the staff report
for application Z14072 and move to provisionally adopt Ordinance 1895, the
Cannery District Zone Map Amendment. Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 4-0.
4. Hanson Lot 163 Subsequent Minor Subdivision to remove the Restricted
Size Lot designation at 4276 Brenden Street, Application P14030 (Quasi-
Judicial) (Davis)
06:50:10 PM Wendy Thomas, Community Development Director introduced the new
planner staff II, Heather DeBethizy Davis.
06:51:24 PM Heather DeBethizy Davis provided the staff presentation on this item.
06:55:02 PM Cr. Mehl disclosed that he talked with the applicant while campaigning last
October. He then began questions for staff.
06:56:42 PM Cr. Pomeroy continued questions for staff.
06:57:49 PM Cr. Andrus welcomed the new planner.
06:58:05 PM Chris Budeski, Applicant Mr. Budeski with Madison Engineering provided the applicant presentation. He spoke
regarding the concept of the RSL becoming a mute point. The applicant would like to
potentially expand their home.
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06:59:45 PM Public Comment
Mayor Pro-Tem Taylor opened public comment. No person commented. Mayor Pro-Tem
Taylor closed public comment. 07:00:00 PM
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 P14030 and move to approve Hanson Lot 163 Subsequent Minor Subdivision with conditions and subject to all applicable code provisions.
07:00:19 PM
Commissioner - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
Cr. Andrus began discussion on the motion saying this application meets all the criteria. It makes sense that we know longer impose an RSL restriction.
07:00:45 PM Cr. Mehl said he will support the motion as it is in an R-3 area. He
welcomed the new staff member. He said he would like to see these type of items
handled administratively. 07:02:35 PM Mayor Pro-Tem Taylor continued discussion on the motion saying he
supports the proposal.
07:03:03 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 P14030 and move to approve Hanson Lot 163 Subsequent Minor Subdivision with conditions and subject
to all applicable code provisions.
Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 4-0.
5. Montana Hardwater Distillery Preliminary Conditional Use Permit to
allow reuse of an existing building for manufacturing and retail sales for
on-premise consumption of alcohol produced on site and associated
parking and site improvements, with a variance to allow parking to encroach into a required corner side yard, 428 North Broadway Avenue,
Application Z14134 (Quasi-Judicial) (Kreuger)
07:04:14 PM Cr. Andrus recused herself from this item saying she has a conflict of interest. She noted that she has not participated in any discussions with other
Commissioners regarding this project, nor has she participated in any meetings with staff
on this item.
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07:04:35 PM Brian Krueger presented the staff presentation on this item.
07:13:04 PM Cr. Mehl began questions for staff asking why the three criteria for the zoning variance have been met.
07:16:17 PM Cr. Pomeroy continued questions for staff asking whether the applicant
would have adequate parking for a distillery.
07:17:09 PM Mayor Pro-Tem Taylor continued questions asking about all the variances.
07:19:20 PM Peter Andrews, Applicant
Mr. Andrews with Intrinsic Architecture provided the applicant presentation on this item.
07:25:49 PM Todd Scott, Applicant
Mr. Scott co-owner of Bozeman Brewing Company spoke of his experiences with
starting and continuing Bozeman Brewing Company. He said they talked with the
neighbors within a 200 foot radius and heard 100% approval from those he spoke with.
07:27:54 PM Cr. Mehl asked questions regarding the hours of the establishment and
about the variances.
07:28:48 PM Peter Andrews answered questions from Cr. Mehl and explained why they
need this variance.
Public Comment Mayor Pro-Tem Taylor opened public comment. No person commented. Mayor Pro-Tem
Taylor closed public comment.
Having reviewed and considered the application materials, public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application Z14134 and move to approve the requested variance to
Section 38.21.060.C.1 BMC to allow parking to encroach into a required corner side
yard. Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd 07:31:21 PM Discussion on the motion.
07:31:43 PM Cr. Mehl explained that the motion on the floor is only for the variances. He
then spoke to how the variances meet the required conditions.
07:35:01 PM Mayor Pro-Tem Taylor continued discussion on the motion saying he
would also agree with the criteria for variance.
Vote on the motion that having reviewed and considered the application materials,
public comment, and all of the information presented, I hereby adopt the findings
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presented in the staff report for application Z14134 and move to approve the requested variance to Section 38.21.060.C.1 BMC to allow parking to encroach into
a required corner side yard.
Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Recused
Commissioner - I-Ho Pomeroy: Approve
The motion passed 3-0 with Cr. Andrus recused.
Motion that having reviewed and considered the application materials, public comment, and all of the information presented, I hereby adopt the findings
presented in the staff report for application Z14134 and move to approve the
conditional use permit with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd 07:37:07 PM
Discussion on the motion. 07:38:07 PM Cr. Pomeroy began discussion on the motion saying this is a really beautiful
transition using the existing building and using Montana raised grain and Montana water
will make a beautiful product. She spoke regarding the hope that someday they would
export to South Korea.
07:39:10 PM
Vote on the motion that having reviewed and considered the application materials,
public comment, and all of the information presented, I hereby adopt the findings
presented in the staff report for application Z14134 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Recused
Commissioner - I-Ho Pomeroy: Approve
The motion passed 3-0 with Cr. Andrus recused.
Break Mayor Pro-Tem Taylor called for a break.
07:50:00 PM Back from Break
Mayor Pro-Tem Taylor called the meeting back to order after break.
6. Obligation to Maintain Historic Properties and Demolition of Historic
Properties (Thomas/Sullivan)
07:50:48 PM Wendy Thomas, Community Development Director began the presentation
on this item with the discussion about the definition of historic property.
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08:04:14 PM Mayor Pro-Tem Taylor said he will be taking public comment three times
during this presentation after each section.
08:05:05 PM Cr. Andrus began questions for staff asking about the differences between
definition 1 and 2.
Wendy Thomas spoke to questions from Cr. Mehl.
08:06:48 PM Courtney Kramer, Historic Preservation Officer answered questions posed
by Cr. Andrus regarding the reason why there are both conservation overlay districts and
historic preservation neighborhoods.
08:09:09 PM Cr. Pomeroy continued questions for staff. 08:11:04 PM Cr. Mehl continued questions for staff.
Wendy Thomas spoke to questions from Cr. Mehl.
08:19:47 PM Courtney Kramer spoke to questions posed by Cr. Mehl.
08:23:19 PM Wendy Thomas answered questions from Cr. Mehl.
08:24:17 PM Cr. Mehl continued questions for staff. 08:24:51 PM Wendy Thomas continued answering questions from Cr. Mehl.
08:27:44 PM Greg Sullivan, City Attorney answered a question.
08:28:27 PM Cr. Mehl continued questions for staff.
08:29:06 PM Courtney Kramer spoke explaining that the National Register of Historic
Properties are honorary. 08:30:27 PM Wendy Thomas responded to questions from Mayor Pro-Tem Taylor.
08:32:37 PM Courtney Kramer answered questions from Mayor Pro-Tem Taylor.
08:33:23 PM Cr. Pomeroy asked questions of staff.
08:34:48 PM Public Comment on the Definition of Historic Property. 08:35:07 PM
Mr. Chambers of 224 North Church Avenue feels it makes sense to have a definition and
moving towards contributing and potentially eligible. He spoke regarding the process
saying the historic preservation advisory board should be consulted as part of that process. He would also suggest that the local historic board could add properties. He
would agree with staff that there is too much disincentive to opt out of the definition.
David Chambers, Public Comment
08:37:53 PM Public Comment Closed
Seeing no further public comment, Mayor Pro Tem Taylor closed public comment.
08:37:56 PM
I move to direct staff to bring forward a Municipal Code text amendment that
reflects proposed definition one; defining historic property as any property, eligible
for registry on the national register of historic places.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
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Cr. Mehl began discussion on the motion said he would like to go in phases. We already
have the largest conservation overlay district in the state and have problems just in that
district which is where the public support and controversy is. He spoke regarding not
forcing anyone into the district and getting public support. He also spoke regarding
budget limitations and staff time limitations. He spoke further regarding his views.
08:43:19 PM Cr. Andrus continued discussion on the motion saying historic structures benefit the culture and well-being of the entire community. The staff’s recommendation
of option 2 is a more progressive option. She feels the more we keep up with the survey,
the less it will cost if kept up with. Everyone would have the opportunity to dispute a
designation.
08:45:34 PM Cr. Pomeroy said she agrees with Cr. Andrus.
08:45:46 PM Mayor Pro-Tem Taylor asked for clarification.
08:46:05 PM Courtney Kramer answered questions.
08:46:40 PM Mayor Pro-Tem Taylor said he would not be supporting the motion. He feels we need to update the survey so that individuals will not have to bear the burden of
the cost and because it will be helpful to staff to have the inventory. He agrees generally
with staff’s proposal and that the Historic Preservation Advisory Board would be
consulted as needed by staff.
The Commission and staff discussed and debated how the definition alternatives would
be interpreted and how they would work.
08:54:25 PM Mayor Pro-Tem Taylor said he would like to see the survey updated
because he thinks there are anomalies in it. He thinks the definition in 1 is too narrow and the issue is how do we get an updated survey and get buildings in the conservation
overlay district.
08:56:19 PM Cr. Mehl was voting for definition according to our current practice.
08:56:43 PM Greg Sullivan said the proposal to create a definition was to provide a set of
structures that if the Commission so chose would be subject to the affirmative obligation
to maintain. The other would be to adjust what would be subject to the demolition
requirements currently applied only to the conservation overlay district. Currently,
outside of the conservation overlay district, a property can just be demolished via permit without a special process. Right now, if your property is within the overlay district, you
would definitely need to go through a process for demolition.
08:58:16 PM Cr. Andrus would still support definition 2 so that properties in or out of the
district that are significant and contributing could be designated. If it is historic and adds to the sense of place and story of the community it should be considered.
09:00:02 PM Cr. Mehl made a friendly amendment to his motion saying the motion was
meant to define current practices.
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Cr. Andrus agreed to approve the friendly amendment.
Deputy City Clerk asked for further clarification on the motion asking for a definition of current practices for the record.
Director of Community Development Wendy Thomas provided appropriate language for
the friendly amendment saying it would be: recognized as historic or contributing located in a district listed on the register or landmark designation recognized by the city of Bozeman.
Vote on the motion as friendly amended to define historic properties according to
our current practice; “recognized as historic or contributing located in a district
listed on the register or landmark designation recognized by the city of Bozeman. Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Disapprove
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Disapprove
Commissioner - I-Ho Pomeroy: Disapprove
The motion failed 1-3 with Crs. Andrus and Pomeroy and Mayor Pro-Tem Taylor opposed.
09:02:21 PM
Motion to direct staff to bring forward a Municipal Code text amendment that reflects proposed definition two; defining “historic property” as any property eligible for listing on the National Register of Historic Places.
Commissioner - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
Cr. Andrus began discussion on the motion saying she feels this definition is progressive
and likes that it includes both properties within and outside of the historic district. The
historic structures benefit the community as a whole. This option also requires that we
update the survey. She feels the community would support this.
09:03:52 PM Cr. Pomeroy said she is amazed how American people really preserve
historic buildings.
09:04:37 PM Cr. Mehl continued discussion on the motion saying he is not in agreement
with this definition.
09:06:31 PM Mayor Pro-Tem Taylor continued discussion on the motion and his
understanding of the motion.
09:09:05 PM Courtney Kramer spoke to the questions. 09:12:00 PM Cr. Pomeroy continued questions.
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09:12:32 PM
Vote on the motion to direct staff to bring forward a Municipal Code text
amendment that reflects proposed definition two; defining “historic property” as
any property eligible for listing on the National Register of Historic Places. Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Disapprove
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 3-1 with Cr. Mehl opposed.
Obligation to Maintain
Wendy Thomas continued her presentation. 09:20:43 PM Cr. Pomeroy began questions for staff.
09:21:30 PM Wendy Thomas answered questions from Cr. Pomeroy.
09:22:08 PM Cr. Mehl continued questions for staff.
09:24:05 PM Wendy Thomas asked for clarification from the Commission regarding
whether they would like this to apply.
09:24:48 PM Public Comment
Mayor Pro-Tem Taylor opened public comment.
09:24:56 PM
Mr. Quait of 502 North 10
Steve Quait, Public Comment th
Street asked whether there was a survey done of people
within historic districts on whether they would like this change. He spoke to the need to
focus on the people, giving them the opportunity to voice their opinion in this process. He spoke regarding wording on page ten. He spoke regarding survey questions he has asked.
09:31:09 PM Dave Lockie, Public Comment
Mr. Lockie of 317 and 323 Lindley Place spoke to the lack of funding available to
property owners to mandate repair and maintenance of a historic property. He spoke regarding several examples of how repair issues have created a hardship for property owners.
09:34:35 PM
Mr. Behrent of 208 Lindley Place spoke to problems and expenses in repairing an old home and his concerns with mandating repairs. He spoke to all the problems he has with
his home that would be impossible to repair.
Darrell Behrent, Public Comment
09:37:58 PM David Chambers, Public Comment
Mr. Chambers said he is a member of the Northeast Neighborhood Association and they have been asking the Commission for several years to address this issue. What someone
does to their property affects their neighbors. He spoke regarding historic failures in his
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neighborhood. The Neighborhood Association is mainly concerned about commercial
properties. He would like to know if present code covers some of these issues. He asked
about the railroad depot and whether we would have something in place to deal with the
hole in the roof. Public Comment Closed Seeing no further public comment, Mayor Pro-Tem Taylor closed public comment.
09:41:02 PM Greg Sullivan clarified for the public that this is a policy discussion and is not consideration of an actual Ordinance. He asked that the Commission articulate. He spoke to the definition of repair being very fundamental health and safety issues.
09:43:55 PM
I move to direct staff to bring forward a Municipal Code text amendment that
enacts option 1, Step 1 and Step 2 for addressing affirmative maintenance of historic
properties.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd Cr. Mehl provided discussion on the motion saying he is not sure whether commercial or
residential properties should be prioritized - maybe both. The maintenance should be very
clear with weather tight and secure and possibly a few more. He does believe in
economic hardship. He would be interested in what would be expected for enforcement.
09:46:26 PM Cr. Andrus said she would agree with Cr. Mehl and appreciates the public
comment and agrees that extensive remodel is not the intention. The intention is to
protect the general, fundamental issues of public health and safety in a very broad way.
09:47:38 PM Cr. Pomeroy asked a question.
09:48:27 PM Mayor Pro-Tem Taylor said he would like to cover both commercial and
single family. The point is to prevent destruction of significant and contributing historic
buildings. He said this discussion has come from the community bottom up.
09:50:26 PM
Vote on the motionto direct staff to bring forward a Municipal Code text
amendment that enacts option 1, Step 1 and Step 2 for addressing affirmative
maintenance of historic properties.
Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
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Commissioner - I-Ho Pomeroy: Approve
The motion passed 4-0.
Demolition
Wendy Thomas continued with her presentation.
09:54:27 PM Cr. Mehl began questions for staff.
09:58:16 PM Mayor Pro-Tem Taylor suspended the rules of procedure to allow the
meeting to extend until 10:30 p.m.
09:58:25 PM Cr. Mehl continued questions for staff. 09:58:32 PM Greg Sullivan spoke to questions 09:59:29 PM Chris Saunders answered questions.
10:01:18 PM Greg Sullivan, City Attorney clarified the current codes.
10:03:20 PM Wendy Thomas spoke to how the current code needs to be clarified.
10:07:01 PM Cr. Andrus spoke to how to clarify the code.
10:07:58 PM Courtney Kramer provided an example of a historic resident.
10:11:47 PM Mayor Pro-Tem Taylor
10:14:17 PM Cr. Andrus continued questions for staff.
10:14:56 PM Cr. Pomeroy asked questions of staff.
10:15:39 PM Public Comment
Mayor Pro-Tem Taylor opened public comment.
10:15:58 PM
Mr. Behrent of 208 Lindley Place spoke about what would happen with a specific
example. He does not feel the Commission would accomplish what they are hoping with
this item.
Darrell Behrent, Public Comment
10:17:24 PM Rob Pertzborn, Public Comment
Mr. Pertzborn of 433 North Black said there is a suggestion that we will or have seen
rampant speculation of demolition of historically significant properties and he would not
agree with that. He also spoke that not all demolition is a bad thing and a lot of good
projects have come in. After demolition we see investments, energy upgrades, buildings
to code, etc.
10:19:21 PM Public Comment Closed
Mayor Pro-Tem Taylor closed public comment.
10:19:25 PM Greg Sullivan clarified the current demolition process.
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10:21:08 PM I move to direct staff to bring forward a Municipal Code text
amendment that modifies the process for demolition of structures in the NCOD as
recommended in Step 1, Step 2 , Step 3 and Step 4.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
10:21:15 PM
Cr. Mehl began discussion on the motion saying he would like conversation
about what we would allow for demolition with a scale to decide how contributing a
property is. He would like to drop steps 3 and 4 or explain in writing why they should be
included. He is concerned about public understanding on this. He spoke to the public
comment provided on this issue. He spoke regarding exploring options that include
disruptions mid-process. He spoke further about what he would like to see as options.
10:24:20 PM Cr. Andrus said she would prefer that steps 3 and 4 be included but would
be fine with more explanation.
10:24:39 PM Mayor Pro-Tem Taylor would like to reclaim demolition of some sort. He
would separate the two discussions even if they happened on the same night so they do
not get confused. He would like to prevent someone from ‘gaming the system’ and this
goes further towards that.
10:26:34 PM Vote on the motion to direct staff to bring forward a Municipal Code
text amendment that modifies the process for demolition of structures in the NCOD
as recommended in Step 1, Step 2 , Step 3 and Step 4.
Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 4-0.
10:26:38 PM Mayor Pro-Tem Taylor suspended the rules of procedure to allow the
meeting to extend until 10:45 p.m.
10:26:54 PM Stay of Demolition
Wendy Thomas continued with her staff presentation regarding stay of demolition.
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10:29:04 PM Cr. Mehl asked for clarification regarding discrepancies in the
memorandum. He then continued with questions he would have for how this would move
forward.
10:31:41 PM Greg Sullivan spoke to how a stay of demolition currently works and how
these options would change the current practice.
10:34:33 PM Public Comment
Mayor Pro-Tem Taylor opened public comment.
10:34:44 PM David Chambers, Public Comment
Mr. Chambers said option one appears to be present policy and option 2 would only work
if everyone agrees to it. He thinks there needs to be a stick in this item. The situation that
happened with the brewery wall is that the developer did not meet the conditions that the
Commission required. The conditions need to be met and if they are not, the demolition
should be thrown out.
10:37:25 PM Public Comment closed.
Mayor Pro-Tem Taylor closed public comment.
10:37:30 PM
Motion to direct staff to bring forward a Municipal Code text amendment that
clarifies the language about the two year stay of demolition as recommended in
Option 1 and 2.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
Cr. Mehl began discussion on the motion saying he realizes these options will build upon
another. He realizes we have a long stay of demolition wait. He is willing to look at
option 2. He is interested in looking at what conditions would revoke the demolition
permit and what level of hurdle we would be willing to take it back.
10:39:24 PM Greg Sullivan clarified when a demolition stay comes into play. He has
concerns about the Commission’s authority to put a permanent stay on a property.
10:40:55 PM Cr. Andrus said she supports the motion. She thinks having teeth in these
criteria matters. Perhaps the Historic Preservation Board could look at these. She needs
more information. She feels it is more of a guideline than criteria.
10:42:23 PM Greg Sullivan clarified option 2.
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10:42:47 PM Cr. Andrus spoke further to her understanding of the motion.
10:43:07 PM Mayor Pro-Tem Taylor suspended the rules of procedure to allow the
meeting to extend until 2 a.m.
10:43:23 PM Cr. Mehl continued discussion on the motion.
10:44:41 PM Wendy Thomas spoke regarding looking at best practices of other
communities.
10:45:23 PM Cr. Pomeroy said she supports this motion and needs more information.
10:45:41 PM Mayor Pro-Tem Taylor said he also feels there needs to be a ‘stick’ to add
to the ‘carrot’ but in very limited circumstances.
10:47:03 PM Greg Sullivan spoke further about concerns.
10:47:31 PM Cr. Pomeroy asked questions of staff.
10:48:02 PM Wendy Thomas answered questions.
10:48:28 PM Cr. Pomeroy continued questions.
10:50:37 PM
Vote on the motion to direct staff to bring forward a Municipal Code text
amendment that clarifies the language about the two year stay of demolition as
recommended in Option 1 and 2.
Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 4-0.
7. Provisional Adoption of Ordinance 1894 authorizing the City Manager to
execute the Land Exchange Conveyance Agreement, Granting of an
Easement, and Leaseback between the Montana Department of
Transportation (MDT) and the City of Bozeman for City Property located on Nelson and Frontage Roads and MDT property on Rouse Avenue
(Winn)
Chuck Winn provided the staff presentation on this item. Mr. Winn said there is a clarification that Exhibit F-2 in the packet does not include our
public parking area. The exhibit will be changed prior to final adoption of the Ordinance.
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11:00:05 PM Cr. Mehl asked questions of staff.
11:00:46 PM Cr. Andrus asked questions of staff.
11:02:39 PM Chris Kukulski, City Manager answered questions.
11:03:17 PM Greg Sullivan, City Attorney spoke to the Commission’s past direction to
proceed with the exchange whether the law and justice center would proceed or not.
Greg Sullivan said staff will modify both Exhibit F-2 and will add an exhibit for an
easement that was not included in the provisional materials but will be added to the materials for final adoption.
11:04:44 PM Mayor Pro-Tem Taylor asked questions regarding site remediation.
11:05:55 PM Craig Woolard responded to questions. Public Comment Mayor Pro-Tem Taylor opened public comment. No person commented. Mayor Pro-Tem
Taylor closed public comment.
11:08:21 PM
Having considered public comment and the information presented by staff, I hereby move to provisionally adopt Ordinance 1894 including the modified F-2 exhibit and
the missing easement exhibit authorizing the City Manager to execute documents on
Exhibit A of said Ordinance including the Land Exchange Conveyance Agreement, granting of easement, and leaseback with MDT.
11:08:44 PM
Commissioner - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
Cr. Andrus began discussion on the motion saying this is the optimal place for our new law and justice center and whether that happens or not we still want to
exchange this piece of property.
Cr. Pomeroy continued discussion on the motion saying she believes this is a very good
exchange that she supports.
11:09:46 PM Cr. Mehl continued discussion on the motion saying he agrees with Cr.
Pomeroy and any time we have an opportunity to consolidate our services in the heart of
the community is a good option.
11:10:18 PM Mayor Pro-Tem Taylor continued discussion on the motion saying he
agrees with the others. He thinks this is a great location for the courts, stating why. 11:11:05 PM Vote that having considered public comment and the information
presented by staff, I hereby move to provisionally adopt Ordinance 1894 including the modified F-2 exhibit and the missing easement exhibit authorizing the City Manager to execute documents on Exhibit A of said Ordinance including the Land
Exchange Conveyance Agreement, granting of easement, and leaseback with MDT.
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Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve
The motion passed 4-0.
8. Reappointment to the Bozeman Area Beautification Advisory Board
(Brunckhorst)
Motion and Vote to reappoint Terry Quatraro to the Bozeman Area Beautification
Advisory Board.
Commissioner - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 4-0.
9. Appointment to the Bozeman Area Bicycle Advisory Board (Brunckhorst)
Motion and Vote to appoint Juliana Olliff to the Bozeman Area Bicycle Advisory
Board as a non-voting High School student liaison.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
The motion passed 4-0.
H. FYI/Discussion
None.
I. Adjournment Mayor Pro-Tem Taylor adjourned the meeting at 11:12 p.m.
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______________________________
Carson Taylor, Mayor Pro-Tem
______________________________________ Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Aimee Brunckhorst, Deputy City Clerk
Approved on ___________________________
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