HomeMy WebLinkAbout10-13-2014 Minutes, City Commission 4°y Boz�,dr
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, October 13,2014
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Mayor - Jeff Krauss: Present
Deputy Mayor - Carson Taylor: Present
Commissioner- Chris Mehl: Present
Commissioner- Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present
Staff Present: Bozeman City Manager Chris Kukulski, Assistant City Attorney Tim
Cooper and City Clerk Stacy Ulmen.
A. 06:02:22 PM Call to Order— 6 p.m. —Commission Room, City Hall, 121 North
Rouse
Mayor Krauss called the meeting to order at 6:02 p.m.
B. 06:02:24 PM Pledge of Allegiance and a Moment of Silence
C. 06:03:24 PM Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the
agenda. Mr. Kukulski stated no but then highlighted the two Consent items that were
pulled off of the agenda on October 8`'
D. 06:04:40 PM Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)AF7-l"4-
2. Capital Improvements Projects Field Survey Professional Services
Agreement (Murray)�a
3. Resolution 4546, Intent to create a Special Improvement Lighting District
722 for Amended Plat Meadow Creek Subdivision Phase 1, Lots 8-15,
Block 5 & Lots 14-18, Block 9 (Rosenberry)'�-;a
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Bozeman City Commission Minutes, October 13, 2014
4. Resolution 4566, Relating to up to $5,100,000 General Obligation Bonds;
Authorizing the Issuance and Private Negotiated Sale Thereof
(Rosenberry)�'a
5. Provisional Adoption of Ordinance 1899 to Amend the Zoning on 5.902
acres from 13-1 Neighborhood Business District to B-2 Community
Business District at 2632 Catron Street and 3070 North 27th Avenue,
Application Z14188 (Saunders)
6. Final Adoption of Ordinance 1896 amending Zoning from R-O and R-4 to
B-2 and R-4 on 42.5 acres located south of Valley Center Road and west
of North 27th Avenue, Cattail North, Application Z14053 (Saunders)
a
7. Community Development Services of Montana Professional Services
Agreement for assessing the feasibility and appropriateness of an
expansion of the North Seventh Urban Renewal District and, pending the
findings of that assessment, and in consultation with the North Seventh
Urban Renewal Board, assisting the City in completing expansion of the
District if appropriate and recommended by the Board and approved by
the Commission (Fontenot)
8. West Winds Phase 6 Subdivision Final Plat, Application P14039 (Cooper)
'�1a
06:04:47 PM Mr. Kukulski gave an overview of each consent item.
06:08:26 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
06:09:01 PM Motion and Vote to approve Consent Items D. I-8 as submitted.
Commissioner - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy:,.
Mayor - Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
E. 06:09:21 PM Public Comment
Mayor Krauss opened public comment.
06:10:10 PM Christopher Spogis,Public Comment
Mr. Spogis stated that he lives near the Fairgrounds. He has concerns of noise from
events held there and spoke of a recent event over the weekend. He has concerns of
allowing this to continue.
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Bozeman City Commission Minutes, October 13, 2014
06:13:08 PM Michael Divian,Public Comment.
Mr. Divian spoke regarding the Four Points subdivision. He has concerns of the lack of
improvements to Baxter Lane. The 4 way in the area does not work. It is massively
overloaded. He welcomes the development but has concerns of emergency access.
06:18:34 PM Public Comment closed.
Mayor Krauss closed public comment.
F. 06:18:39 PM Action Items
1. 06:18:46 PM Four Points Minor Subdivision Preliminary Plat to allow the
subdivision of 54.28 acres located between Davis Lane and Ferguson
Avenue south of Cattail Street into one public park, 2 lots for multi-
household development, and 2 lots with restricted development subject to
further subdivision review, Application P14041 (Quasi-Judicial)
(Krueger) 'NCm
06:19:06 PM Staff Presentation.
Staff Planner Brian Krueger gave the staff presentation for the Four Points Minor
Subdivision Preliminary Plat to allow the subdivision of 54.28 acres located between
Davis Lane and Ferguson Avenue south of Cattail Street into one public park, 2 lots for
multi-household development, and 2 lots with restricted development subject to further
subdivision review,Application P14041.
06:35:08 PM Commission Questions for Staff
The Commission and Staff discussed Planning Board review, public hearing
requirements, noticing, traffic improvements, future transportation discussions, a trip
generation study, timelines of completion, right-of-way acquisitions, wetlands areas,
historical features, construction timing, location of some areas of the proposed area being
located in the County and payback agreements upon annexation of property.
06:59:35 PM Applicant Presentation.
The Applicant representative gave the presentation for the Four Points Minor Subdivision
Preliminary Plat to allow the subdivision of 54.28 acres located between Davis Lane and
Ferguson Avenue south of Cattail Street into one public park, 2 lots for multi-household
development, and 2 lots with restricted development subject to further subdivision
review, Application P14041. The representative stated that this has been in design for
some time.
07:05:10 PM Commission Questions for Applicant
The Commission and applicant discussed wetlands areas, construction traffic, trash and
speed.
07:08:04 PM Public Comment
Mayor Krauss opened public comment.
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Bozeman City Commission Minutes, October 13, 2014
07:08:17 PM David Ball, Public Comment
Mr. Ball stated that he objects to having a street go across the wetlands. He feels the area
does not need to be so dense. He supports round-a-bouts.
07:11:17 PM Joseph Kuzak, Public Comment
Mr. Kuzak stated that he lives in the neighborhood and it is a great place to live and he
understands change. He spoke regarding his concerns of density on each lot. He has
concerns related to the social strategy from north and south sides and the increase of cars.
07:15:24 PM Sandy Hammer,Public Comment
Ms. Hammer stated that her concern is safety and emergency access. She disagrees with a
round-a-bout. People do not know how to use the round-a-bout. She has pedestrian
concerns. An SID will be an issue for her. She spoke regarding the high amount of taxes
she pays.
07:18:59 PM Marilee Brown,Public Comment
Ms. Brown stated her concern about safety andher concern of weed treatment and urged
the Commission to get more information on how the traffic will be handled.
07:23:46 PM Katherine Hetherington, Public Comment
Ms. Hetherington asked the Commission to consider a different word called four lane
roads and urged them to start thinking about 4 lane roads instead of 3. Too much focused
on not growing, we are growing like crazy.
07:25:53 PM Jo Owens,Public Comment
Mr. Owens stated that he is a new homeowner in the area. He spoke regarding safety
concerns. There is R-4 zoning creeping next to the school.
07:27:05 PM Public Comment closed
Mayor Krauss closed public comment.
07:27:25 PM Applicant Rebuttal
The Applicant spoke regarding the location of Street A, the zoning, safety and weeds.
07:29:42 PM Commission questions for staff.
The Commission and Staff discussed sidewalks, the time frame of prior zoning changes
and commercial nodes.
07:33:59 PM Motion that having reviewed and considered the application materials,
public comment, and all information presented, I hereby adopt the findings presented
in the staff report for application P14041 and move to approve the preliminary plat
with conditions and subject to all applicable code provisions.
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Bozeman City Commission Minutes, October 13, 2014
Commissioner- I-Ho Pomeroy: Motion
Commissioner- Chris Mehl: 2nd
07:34:53 PM Commission Discussion
Cr. Pomeroy stated that the engineers say we have a good plan to take care of the traffic.
Cr. Mehl spoke regarding the public comment on this item. This topic of transportation
will be discussed in the future. He spoke regarding some of the area of the proposal being
located on the county property, and that he is well aware of street congestion. There will
be a pedestrian component to it. Wetlands will be mitigated. Important that it happen and
that it happens correctly.
Deputy Mayor Taylor stated that sidewalks matter and he would like staff to look at the
inventory and look at sidewalks that get kids to school and identify areas where they
could be a problem. He stated that we are trying to zone the right way. Currently
Apartments have a 0 vacancy rate in Bozeman .He feels that there is not a difference
between the north and south side but that the north has been more newly developed.
Cr. Andrus echoes Cr. Mehl's points and Cr. Taylor's idea on the sidewalks. She spoke
regarding the idea that this is changing the character of the neighborhood and emphasized
that this is not zoning, this is subdivision review.
Mayor Krauss stated that he incorporates the staff report in comments. We are
considering a minor subdivision with no deviations or variances, this is not zoning. The 4
lane road concept is interesting and he wonders where to come up with do-re-mi to do
this. Mayor Krauss spoke regarding the meaning of ordering-in sidewalks. He also spoke
regarding a feathering edge to the City Limits and that did not work. We need hard edges.
As far as transportation, it is not large enough to cause a moratorium. SIDs have been
used. It is time to pay attention to the west side.
07:58:21 PM Vote on the Motion that having reviewed and considered the application
materials,public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application P14041 and move to approve the
preliminary plat with conditions and subject to all applicable code provisions.
Commissioner - I-Ho Pomeroy: 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
07:58:37 PM Break
Mayor Krauss declared a break.
08:12:46 PM Meeting called back to order.
Mayor Krauss called the meeting back to order at 8:12 p.m.
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Bozeman City Commission Minutes, October 13, 2014
2. 08:12:58 PM Appeal of Administrative Project denial of a Certificate of
Appropriateness to demolish the residence at 430 South Tracy Avenue,
Application C14002, original application Z14090 (Quasi-Judicial)
(Kramer) to
08:13:22 PM Staff Presentation
Ms. Kramer gave the staff presentation for an Appeal of Administrative Project denial of
a Certificate of Appropriateness to demolish the residence at 430 South Tracy Avenue,
Application C14002, original application Z14090.
08:28:17 PM Commission questions for Staff.
None
08:28:34 PM Applicant Presentation
Rob Pertzborn, Applicant representative gave the presentation for the Appeal of
Administrative Project denial of a Certificate of Appropriateness to demolish the
residence at 430 South Tracy Avenue, Application C14002, original application Z14090.
Gallik Law firm presented as well. There are simply buildings that have outlived their
useful life.
08:37:38 PM Commission questions for Staff and Applicant
The Commission, Staff and Applicant discussed the historic register, demolishing the
building, quality of life, other properties in the district, standards, economic viability, the
differences between contributing and conforming, the process of adding a house to the
historic register, historic integrity, the fact that the house has been boarded up since May
and been on the market for 3 years,the 2 year delay idea and Tax Credits.
09:19:04 PM Public Comment/Presentation
Mayor Krauss opened the floor for Public Comment/Presentations on this item.
09:19:23 PM Lora Dalton,Public Comment
Ms. Dalton stated that she is the Chair of the Historic Preservation board. The historic
home is still viable for rehabilitation.
09:23:14 PM Pat Jacobs,Public Comment
Ms. Jacobs spoke regarding Community Plan. The loss of one more house will
compromise the district. She supports staff.
09:28:02 PM Public Comment/Presentation closed
Mayor Krauss closed public comment.
09:28:19 PM Commission Discussion
Mayor Krauss stated that the idea of not being able to sell is not credible. Not sure if it
fits into the criteria. Existing house has viability. Has some economic viability. Supports
staff s argument for these reasons
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Bozeman City Commission Minutes, October 13, 2014
Deputy Mayor Taylor stated that he is trying to figure out what is going to go there
along with demolition and wonders how it plays a part. He agrees with upholding the
Staff's decision.
Cr. Andrus believes staff did follow the procedure. It is important that we notice when
the Code is silent. As far as the structure having economic viability, she feels there is.
Cr. Mehl stated that we have clear standards of what is historic. He does feel that there
were standards there that apply. He spoke regarding the structure being economically
viable and spoke regarding statements from engineering firms about the structure. He is
worried about the precedent that we may be setting by approving this. The numbers were
close. The exemption has been met.
Cr. Pomeroy stated that she agrees with Mayor Krauss, Deputy Mayor Taylor and Cr.
Andrus. This building with resources can be beautiful.
09:52:17 PM Motion to uphold, amend, or overturn the administrative project decision
for Application Z14090.
Deputy Mayor - Carson Taylor: Motion
Commissioner - Cynthia Andrus: 2nd
09:52:55 PM Commission discussion on the Motion
Deputy Mayor Taylor feels this building is economical beneficial. The building has
value at where it sits right now. There are tax credits and grants available.
Cr. Pomeroy spoke regarding her own home being historical and the energy and
resources she has put into her home. The building has potential.
Cr. Mehl stated that he has concerns of micromanaging of whether the property is viable
or not and that this is an attention to detail that we have never done before. As far as
economic viability, look at what the engineers stated. It is not the bare bones of
somebody living in it. There is no structural engineer information n the packet materials.
Mayor Krauss spoke regarding the term "no viable economic life or useful life
remaining" and stated that"no" is a stout standard.
10:01:08 PM Vote on the Motion to uphold, amend, or overturn the administrative
project decision for Application Z14090.
Deputy Mayor- Carson Taylor: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Ta ly orApprove
Commissioner - Chris Mehl: Disapprove
Commissioner - Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
3. 10:01:25 PM Appointment to the Tree Advisory Board (Brunckhorst)
a
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Bozeman City Commission Minutes, October 13, 2014
10:01:28 PM Motion and Vote to appoint Patrick Cross to the Tree Advisory Board.
Commissioner - Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
Mayor- Jeff Krauss: Approve
Deputy yor- Carson Taylor: pprove
Commissioner - Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
G. 10:01:50 PM FYI/Discussion
10:02:18 PM Boulder Colorado visit
Deputy Mayor Taylor and Cr. Mehl will be heading out on Thursday to Boulder Co. to
view the bike and pedestrian transportation system.
10:02:41 PM Evaluation of City Manager
Mayor Krauss stated that he wants to start the process for City Manager and will conduct
a 360 review. He will work with HR to develop questions. If Commission has
suggestions regarding questions,please send them to him by the end of the week.
H. 10:04:06 PM Adjournment
Mayor Krauss adjourned the meeting at 10:04 p.m.
�B 0'e 4Jef ��,k. auss, Mayor
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Stacy' 1 a,� GC'ity Jerk
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PREPARE -8 Y: `
Stacy 1 Tity Clerk
Approved on OQ y
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