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Home My WebLink About08-11-2014 Minutes, City Commission 4 so2� V 9x S 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.aveaptureall.com/Sessions.aspx4session.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 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) a 2. Quarterly Report on Housing Affordability (Thomas) --G3 3. Approve Depository Bonds and Pledged Securities as of June 30, 2014 (Rosenberry) 7 t� 4. Memorandum of Agreement with the Gallatin Local Water Quality District and Memorandum of Agreement with the Greater Gallatin Page 1 of 12 Bozeman City Commission Minutes, August 11, 2014 Watershed Council to perform water quality sampling and analysis for the East Gallatin River (Heaston) ';i a 5. Release and Reconveyance and Public Access Easement for Dixson Multi- household Baxter Meadows Phase 1, Block 2, Lots 5 & 6 (Johnson) `I a 6. Resolution 4548, Change Order 1 for 2012 Water Renovations Project (Murray) -a 7. Final Adoption of Ordinance 1893, a text amendment to the Bozeman Municipal Code to revise provisions relating to Essential Services, Application Z14120 (Saunders) Q_ ro 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 Ta lor_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 Tom Tursey,Public Comment 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. 06:07:20 PM Nolan Campbell, Public Comment 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. 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) G Page 2 of 12 Bozeman City Commission Minutes, August 11, 2014 06:09:54 PM Staff Presentation 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 Leroy Gaub, Public Comment 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. 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 Il, 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 P 14022 (Quasi- Judicial) (Continued from July 21, 2014) (Rogers) "1 a Page 3 of 12 Bozeman City Commission Minutes, August 11, 2014 06:27:47 PM Staff Presentation 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 11 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 1I 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 Krisen Karden, Public comment 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. 07:19:43 PM Charles Karden,Public comment Page 4of12 Bozeman City Commission Minutes, August 11, 2014 Mr. Karden spoke regarding his concern of the lack of definition of an alley and impacts to his daughter's property in the area. 07:23:07 PM Pam Meyer, Public comment 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. 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 PM Commission discussion on the Motion Cr. 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. 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. Page 5 of 12 Bozeman City Commission Minutes, August 11, 2014 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 PM Commission discussion on the Amendment Deputy 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. 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 Mqyor - Carson Ta l�pprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 09:06:31 PM 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 08:09:02 PM Commission discussion on the Motion. Page 6 of 12 Bozeman City Commission Minutes, August 11, 2014 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 theAmendment 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 tl:e 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: pprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 08:12:33 PM Break. Mayor Krauss declared a 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) a 08:24:55 PM Staff Presentation. Page 7of12 Bozeman City Commission Minutes, August 11, 2014 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 reportfor 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 ZI4208 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 Page 8 of 12 Bozeman City Commission Minutes, August 11, 2014 3. 08:30:38 PM Resolution 4536, Creation of Special Improvement Lighting District 720 for West Winds Subdivision Phase VI (Rosenberry) a 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 313 (Formerly known as The Knolls at Baxter West Subdivision) (Rosenberry) a 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. 08:34:52 PM Motion and Vote to approve Resolution 4539 creating Special Improvement Lighting District 721 for Baxter Meadows West Phase 3B. Page 9of12 Bozeman City Commission Minutes, August 11, 2014 Commissioner - I-Ho Pomerov: 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) 40 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 Commission Discussion. Cr. Andrus stated that there was a long discussion on this earlier in the year, it improves fairness and predictability. 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 Page 10of12 Bozeman City Commission Minutes, August 11, 2014 6. 08:51:25 PM Resolution 4543, Establishing Tree Maintenance District Assessments for Fiscal Year 2015 (Rosenberry) a 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 I. 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. Page 11 of 12 Bozeman City Commission Minutes, August 11, 2014 �N+ 1302L�°• Jeffr*� s , ayor ATTE Stacy _NIT IY.CeYk PREPA Stac Ulm , City Clerk Approved on Page 12 of 12