HomeMy WebLinkAbout08-11-14 City Commission minutes, draft_2Page 1 of 12
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES
Monday, August 11, 2014
To view the minutes linked to the video please go to: http://www.avcaptureall.com/Sessions.aspx#session.628710c2-6b06-4f79-90b6-
eaf64ed599db
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, Attorney Greg Sullivan and City Clerk Stacy Ulmen.
Table of Contents A. 06:00:54 PM Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Krauss called the meeting to order at 6 p.m.
B. 06:00:59 PM Pledge of Allegiance and a Moment of Silence C. 06:01:52 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. 06:01:59 PM Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Quarterly Report on Housing Affordability (Thomas) 3. Approve Depository Bonds and Pledged Securities as of June 30, 2014
(Rosenberry)
4. Memorandum of Agreement with the Gallatin Local Water Quality District and Memorandum of Agreement with the Greater Gallatin Watershed Council to perform water quality sampling and analysis for the
East Gallatin River (Heaston)
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5. Release and Reconveyance and Public Access Easement for Dixson Multi-
household Baxter Meadows Phase 1, Block 2, Lots 5 & 6 (Johnson)
6. Resolution 4548, Change Order 1 for 2012 Water Renovations Project
(Murray)
7. Final Adoption of Ordinance 1893, a text amendment to the Bozeman
Municipal Code to revise provisions relating to Essential Services,
Application Z14120 (Saunders)
06:02:02 PM Public Comment
Mayor Krauss opened public comment.
No person commented. Mayor Krauss closed public comment.
06:02:11 PM Motion and Vote
to approve Consent Items D. 1-7 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 E. 06:02:37 PM Public Comment
Mayor Krauss opened public comment.
06:03:15 PM
Mr. Tursey stated that he is part of the Bozeman Pickle Ball Association. They are
looking for Commission support as they would like a designated area just for Pickle Ball.
Possibly an area at Bogert Park.
Tom Tursey, Public Comment
06:07:20 PM
Mr. Campbell spoke regarding downtown zone map amendments. He would like to see
this put on the Agenda and get some momentum going on pursuing this.
Nolan Campbell, Public Comment
06:09:12 PM Public Comment Closed Mayor Krauss closed public comment.
F. 06:09:19 PM Other Public Hearing
1. Montana Department of Transportation Nelson Road Site Plan and Certificate of Appropriateness Agency Exemption Hearing, Application
P14038 (Krueger)
06:09:54 PM Staff Presentation
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Staff Planner Brian Krueger gave the staff presentation regarding the Montana
Department of Transportation Nelson Road Site Plan and Certificate of Appropriateness
Agency Exemption Hearing, Application P14038.
06:13:14 PM Commission questions for Staff The Commission and staff discussed visibility from the frontage road, boundary locations and setbacks and the purpose of the public hearing on this item.
06:15:57 PM Applicant Presentation
The Applicant representative gave the presentation for Montana Department of Transportation Nelson Road Site Plan and Certificate of Appropriateness Agency Exemption Hearing, Application P14038. He spoke regarding snow plowing and
landscape islands. MDT is doing everything that they can to be a good neighbor
including landscaping efforts. The Department requests this relaxation in lieu of a little
more screening and landscaping. 06:19:42 PM Public Comment
Mayor Krauss opened public comment.
06:19:51 PM Mr. Gaub stated that he is a county resident. He spoke regarding concerns with the north side of the development. He has no problem with the interior landscaping but is
wondering who to work with on the design of the road.
Leroy Gaub, Public Comment
06:21:54 PM Public Comment closed Mayor Krauss closed public comment.
06:22:03 PM Commission comments
Mayor Krauss urged that MDOT pay attention to Nelson and Frontage roads and design
a safe intersection. He spoke regarding landscaping in the parking lot and he understands problems with plowing in the winter.
Cr. Andrus spoke regarding the exterior of the building.
Cr. Mehl stated that he appreciates the MDOT working within the City Standards.
Deputy Mayor Taylor stated that he doesn’t want it to look like the place on Rouse
Avenue. He appreciates the City standards compliance.
G. 06:27:11 PM Action Items
1. 06:27:13 PM Legends at Bridger Creek II, Phase 3 Major Subdivision
Preliminary Plat to subdivide 24 acres into 51 single-household lots, related streets, an alley, open space and the re-platting of two lots from
Phase 2 of the Legends at Bridger Creek II Subdivision, located between
Midfield Street and Creekwood Drive, Application P14022 (Quasi-
Judicial) (Continued from July 21, 2014) (Rogers)
06:27:47 PM Staff Presentation
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Assistant Planner Chris Saunders gave the Staff presentation for the Legends at Bridger
Creek II, Phase 3 Major Subdivision Preliminary Plat to subdivide 24 acres into 51
single-household lots, related streets, an alley, open space and the re-platting of two lots
from Phase 2 of the Legends at Bridger Creek II Subdivision, located between Midfield Street and Creekwood Drive, Application P14022. Mr. Saunders spoke regarding the history of this project.
06:39:30 PM Commission questions for Staff
The Commission and Staff discussed the prior Master Plan for this project, open space and the right of access north of the trail, the naming convention, parkland area adequacy including sharing parkland with another subdivision, the home owner’s association
maintenance of the parkland areas and construction of a club house as identified in the
previous Planned Unit Development.
06:52:25 PM Continued Staff Presentation
Mr. Saunders spoke regarding the variance.
06:55:39 PM Continued questions for Staff
The Commission and Staff discussed the variance granted in 2013, traffic studies, additional housing, failing traffic movement areas, the length and width of the alley area,
enforcement within the alley and emergency access.
07:05:27 PM Applicant Presentation
The Applicant representative gave the presentation regarding the Legends at Bridger Creek II, Phase 3 Major Subdivision Preliminary Plat to subdivide 24 acres into 51
single-household lots, related streets, an alley, open space and the re-platting of two lots
from Phase 2 of the Legends at Bridger Creek II Subdivision, located between Midfield
Street and Creekwood Drive, Application P14022. The Alley was a condition of
annexation according to the Applicant representative.
07:08:04 PM Commission questions for the Applicant
The Commission and the Applicant discussed the club house, the previous Master Plan
for the Park area, a possible condition of building the club house, the market crash in
2007, the neighborhood center and the construction of a rest room.
07:18:32 PM Public Comment
Mayor Krauss opened public comment.
07:18:44 PM Ms. Karden spoke regarding her concerns regarding the alley in the Creekwood area. It
is currently 16ft wide. She wondered if it is it going to be expanded and if there will be
compensation to property owners if it becomes a road.
Krisen Karden, Public comment
07:19:43 PM Mr. Karden spoke regarding his concern of the lack of definition of an alley and impacts
to his daughter’s property in the area.
Charles Karden, Public comment
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07:23:07 PM
Ms. Meyer stated that she hopes that the comment means something to the Commission.
There needs to be more park space to make this flow. She feels that they went against
their site planning. There are a lot of homes.
Pam Meyer, Public comment
07:24:12 PM Public Comment closed.
Mayor Krauss closed public comment.
07:24:19 PM Commission questions for staff
The Commission and staff discussed street completion to the east and impact to homeowners and traffic issues.
07:28:31 PM Applicant rebuttal
The Applicant representative stated that 10.27 acres is being deemed as open space and
spoke regarding a public access easement. 07:29:42 PM Public hearing closed.
Mayor Krauss closed the public hearing.
07:30:05 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 P14022 and move to approve the Legends at Bridger Creek II, Phase III Major Subdivision with conditions and subject to all
applicable code provisions.
Commissioner - Cynthia Andrus: Motion
Deputy Mayor - Carson Taylor: 2nd
07:30:43 PMCr. Andrus stated that she is glad that the “silver bullet” was pulled at the last meeting and that this was a good discussion. She will support the motion. In regards to the park
land, it seems to her that the park is sufficient. The variance for the traffic light was
carried forward and there will not be traffic congestion per her understanding. There are
many alleys in the community that are 5 blocks long and this is not out of character.
Commission discussion on the Motion
Deputy Mayor Taylor spoke regarding complications with making the alley into a street. He spoke regarding the Club House and he realizes it is not a condition but is
considering a condition to construct it.
Mayor Krauss spoke regarding the PROST Plan and design criteria. He noticed that
since the Club house will not be built there will be no restrooms. Our standards weigh
heavily. He quoted prior Mayor Kirchoff stating: “Once it is done, it is done”. He will not support this motion.
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Cr. Pomeroy stated that she does listen to the public. We need to encourage the
developers to build otherwise they will go out into the county. To encourage affordable
housing, one way is to increase supply. She is going to support this motion. Cr. Mehl stated that we are looking at a boom followed by a bust and then another boom. He is open to some conditions. He is satisfied by the traffic and the alley. He is torn in consistency. His question is access to open space areas.
08:03:23 PM Amendment to the Main Motion
to add an additional condition to require
adequate restrooms to be built in the park land which credit is being given for this subdivision (with findings).
Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
08:03:58 PMDeputy Mayor Taylor stated that the parkland is a significant distance from the housing
that is being approved. In light of this distance it would be a good idea to have this
condition.
Commission discussion on the Amendment
Cr. Mehl stated that he supports this condition. In terms of findings, this is in line with our desire of park service and safety etc.
Cr. Andrus stated she will support this motion. From a health and safety perspective it
makes sense to require restrooms here.
08:06:14 PM Vote on the Amendment to the Main Motion
to add an additional condition to require adequate restrooms to be built in the park land which credit is being given for this subdivision (with findings).
Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
08:06:31 PM Amendment to the Main Motio
n to add an additional condition which
would require two points of access, each lining up that connects to Boylan road and the other into the alley, with the clarification that they are to be lined up with lots 115 and 116 and 112 and 113. (The second north-south road as you travel east)
Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
08:09:02 PM Commission discussion on the Motion.
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Deputy Mayor Taylor stated that the subdivision as a whole meet parkland
requirements. By creating this condition, there is more access and visibility to the open
space. Cr. Mehl stated that he supports this motion. The applicant has agreed to improve the trail but the creek. He spoke regarding the findings.
08:11:54 PM Vote on the Amendment to the Main Motion
to add an additional
condition which would require two points of access, each lining up that connects to
Boylan road and the other into the alley, with the clarification that they are to be lined up with lots 115 and 116 and 112 and 113. (The second north-south road as you travel east)
Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
08:12:17 PM Vote on the Main Motion as Amended
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 P14022 and move to approve the Legends at Bridger Creek II, Phase III Major Subdivision with conditions and subject to all applicable code provisions.
Commissioner - Cynthia Andrus: Motion
Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Disapprove
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve 08:12:33 PM
Mayor Krauss declared a Break.
Break.
08:24:50 PM Meeting Called back to Order Mayor Krauss called the meeting back to order.
2. 08:24:52 PM Fisher Mudroom Addition Sketch Plan Certificate of
Appropriateness with Deviation, 502 West Story Street, Application
Z14208 (Quasi-Judicial) (Kramer)
08:24:55 PM Staff Presentation.
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Historic Preservation Officer Courtney Kramer gave the staff presentation for the Fisher
Mudroom Addition Sketch Plan Certificate of Appropriateness with Deviation, 502 West
Story Street, Application Z14208.
08:27:12 PM Commission questions for staff The Commission and Staff discussed that the roofline matches the existing garage.
08:27:54 PM Applicant Presentation
The Applicant gave the presentation for the Fisher Mudroom Addition Sketch Plan
Certificate of Appropriateness with Deviation, 502 West Story Street, Application Z14208.
08:28:21 PM Commission questions for Applicant.
The Commission and Applicant discussed the staff report.
08:28:50 PM Public Comment.
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
08:28:52 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 Z14208 and move to approve the Fisher
Mudroom Addition Sketch Plan Certificate of Appropriateness with a deviation to
allow the construction of a mudroom in an existing porch at 502 West Story Street, with recommended conditions and subject to all applicable code provisions.
Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
08:29:23 PM
Commission discussion on the Motion
08:30:24 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 Z14208 and move to approve the Fisher Mudroom Addition Sketch Plan Certificate of Appropriateness with a deviation to allow the construction of a mudroom in an existing porch at 502 West Story Street, with recommended conditions and subject to all applicable code provisions.
Deputy Mayor - Carson Taylor: Motion Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve
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3. 08:30:38 PM Resolution 4536, Creation of Special Improvement Lighting
District 720 for West Winds Subdivision Phase VI (Rosenberry)
08:30:51 PM Staff Presentation
Administrative Services Director Anna Rosenberry gave the staff presentation for
Resolution 4536, Creation of Special Improvement Lighting District 720 for West Winds Subdivision Phase VI.
08:32:17 PM Commission questions for Staff
None.
08:32:23 PM Public Comment Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
08:32:28 PM Motion and Vote
to approve Resolution 4536 creating Special
Improvement Lighting District 720 for West Winds Subdivision Phase VI.
Commissioner - Chris Mehl: 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. 08:33:04 PM Resolution 4539, Creation of Special Improvement Lighting
District 721 for Baxter Meadows West Phase 3B (Formerly known as The
Knolls at Baxter West Subdivision) (Rosenberry) 08:33:06 PM Staff Presentation
Administrative Services Director Anna Rosenberry gave the staff presentation for
Resolution 4539, Creation of Special Improvement Lighting District 721 for Baxter
Meadows West Phase 3B (Formerly known as The Knolls at Baxter West Subdivision)
08:34:41 PM Commission questions for Staff
None.
08:34:47 PM Public Comment Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
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08:34:52 PM Motion and Vote
to approve Resolution 4539 creating Special
Improvement Lighting District 721 for Baxter Meadows West Phase 3B.
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 5. 08:35:28 PM Resolution 4542, Establishing a 6.39% increase to Street
Maintenance District Assessments for Fiscal Year 2015 (Rosenberry)
08:35:38 PM Staff Presentation
Ms. Rosenberry gave the staff presentation for Resolution 4542, Establishing a 6.39% increase to Street Maintenance District Assessments for Fiscal Year 2015. 08:42:32 PM Commission questions for Staff
The Commission and Staff discussed the methodology of costs.
08:45:46 PM Public Comment Mayor Krauss opened public comment
No person commented.
Mayor Krauss closed public comment.
08:45:55 PM Motion
to approve Resolution 4542, establishing a 6.39% increase to Street Maintenance District Assessments for Fiscal Year 2015.
Commissioner - Cynthia Andrus: Motion
Deputy Mayor - Carson Taylor: 2nd 08:46:11 PM
Cr. Andrus stated that there was a long discussion on this earlier in the year, it improves
fairness and predictability.
Commission Discussion.
Deputy Mayor Taylor stated that it equalizes the cap and he will support the Motion. 08:51:08 PM Vote on the Motion
to approve Resolution 4542, establishing a 6.39%
increase to Street Maintenance District Assessments for Fiscal Year 2015.
Commissioner - Cynthia Andrus: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve
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6. 08:51:25 PM Resolution 4543, Establishing Tree Maintenance District
Assessments for Fiscal Year 2015 (Rosenberry)
08:51:27 PM Staff Presentation Ms Rosenberry gave the staff presentation for Resolution 4543, Establishing Tree
Maintenance District Assessments for Fiscal Year 2015.
08:52:21 PM Commission Questions for Staff None.
08:52:24 PM Public Comment
Mayor Krauss opened public comment.
No person commented. Mayor Krauss closed public comment.
08:52:31 PM Motion
to approve Resolution 4543 establishing Tree Maintenance
Assessments for Fiscal Year 2015.
Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
08:53:00 PM Vote on the Motion
to approve Resolution 4543 establishing Tree Maintenance Assessments for Fiscal Year 2015.
Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve H. 08:53:18 PM FYI/Discussion
1. Workforce Housing Report on Consent Agenda
2. Initiation of Re-Zoning per Public Comment.
Prefers to have land owner pursue. A flowchart to the Commission of
how infill comes together will be supplied. 3. MDOT Speed study on I-90
4. Provisions and concerns.
I. 09:00:35 PM Adjournment Mayor Krauss adjourned the meeting at 9:00 p.m.
______________________________
Jeffrey K. Krauss, Mayor
ATTEST:
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______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________
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