Loading...
HomeMy WebLinkAbout04-14-2014 Minutes, City Commission i> * a<, 88 THE CITY COMMISSION MEETING OF BOZEMAI�1, MONTANA MINUTES Monday, April 14,2014 REVISED on 4-10 with the addition of consent items 4 and 5 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, City Attorney Greg Sullivan and City Clerk Stacy Ulmen Table of Contents a A. 06:01:50 PM Call to Order—6 p.m.—Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6:01 p.m. B. 06:01:56 PM Pledge of Allegiance and a Moment of Silence C. 06:02:35 PM Changes to the Agenda Mayor Krauss announced that an additional Special Presentation will take place this evening. City Manager Chris Kukulski stated that the motions for Action Item No.2 are in the incorrect order. D. 06:04:11 PM Public Service Announcement—Flood Awareness'Pips (Shrauger) E. 06:07:23 PM Consent 1. Authorize Payment of Accounts Payable Claims(LaMeres) G 2. Approve Resolution 4522,Adopting the Montana Municipal Interlocal Authority revised and restated Workers' Compensation Program Agreement dated July 1, 2014 (Rosenberry) 7-G 3. Approve Rules of Procedure for the Community Affordable Housing Advisory Board (Brunckhorst)71 a Page 1 of 13 Bozeman City Commission Minutes, April 14, 2014 4. Approve Revised Resolution 4521 To Fund the Bozeman Sports Park from Monies with the Trails, Open Space and Parks Bond Fund (Overton) IL 5. Authorize City Manager to Sign Amendment to Professional Services Agreement with TD&H Engineering Regarding the Bozeman Sports Park (Overton) ET a 06:07:31 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 06:08:05 PM Motion and Vote to approve consent items E. 1-5 as submitted Commissioner- I-Ho Pomeroy: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve F. 06:08:31 PM Public Comment Mayor Krauss opened general Public Comment. 06:08:55 PM Bob Chase,Public Comment Mr. Chase stated that the City should approach the legislature in SID changes.He also spoke regarding concerns with the Story Mansion. The City should put on the ballot the decision to gift or sell the Mansion. 06:12:43 PM Matt Sapreedo,Public Comment Mr. Sapreedo spoke regarding concerns of trail connections through the wetlands area at the Westbrook Subdivision. 06:14:40 PM Public Comment closed Mayor Krauss closed public comment. G. 06:14:52 PM Special Presentations 1. 06:14:56 PM Child Abuse Awareness and Prevention Month Proclamation 2. 06:18:23 PM Recognition of the City of Bozeman and faculty partner Diane Cooksey in receiving the Montana State University President's Award for Excellence in Service Learning(Krauss)X1-G Page 2 of 13 Bozeman City Commission Minutes, April 14, 2014 H. 06:29:44 PM Action Items 1. 06:29:46 PM Martin Addition and New Accessory Garage Sketch Plan Certificate Of Appropriateness with Deviations, Application Z14060 (Quasi-Judicial) (Kramer) 4D 06:30:02 PM Staff Presentation Courtney Kramer, Historic Preservation Officer gave the staff presentation for the Martin Addition and New Accessory Garage Sketch Plan Certificate of Appropriateness with Deviations,Application Z14060. 06:33:00 PM Commission Questions for Staff The Commission and Staff discussed ridgeline heights and the variance. 06:36:11 PM Applicant Presentation The Applicant introduced herself but had nothing to add to the Staff Presentation. 06:36:31 PM Commission Questions for Applicant 06:36:35 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 06:36:48 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 Z14060 and move to approve the Certificate of Appropriateness with Deviations with conditions and subject to all applicable code provisions. Commissioner- Cynthia Andrus: Motion Deputy Mayor- Carson Taylor: 2nd 06:37:11 PM Commission Discussion on the Motion 06:38:12 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 reportfor application Z14060 and move to approve the Certificate of Appropriateness with Deviations with conditions and subject to all applicable code provisions. Commissioner- Cynthia Andrus: Motion Deputy Mayor- Carson Taylor: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Page 3 of 13 Bozeman City Commission Minutes, April 14, 2014 Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomerov: Approve 2. 06:38:31 PM Media Station Preliminary Conditional Use Permit to allow construction of a two unit residential dwelling on the ground floor with a variance from front yard setback requirements,Application Z14036 (Rogers) (Quasi-Judicial) `!a 06:38:59 PM Staff presentation Staff Planner, Tom Rogers gave the presentation regarding the Media Station Preliminary Conditional Use Permit to allow construction of a two unit residential dwelling on the ground floor with a variance from front yard setback requirements,Application Z14036. 06:48:36 PM Commission Questions for Staff 06:48:46 PM Applicant Presentation Brian Caldwell,Applicant representative gave the presentation for the Media Station Preliminary Conditional Use Permit to allow construction of a two unit residential dwelling on the ground floor with a variance from front yard setback requirements, Application Z14036. 06:50:37 PM Commission Questions for Applicant The Commission and Applicant discussed tearing down the original structure,pre- existing non-conforming structures, setbacks and the review process of these types of applications. 06:56:19 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 06:56:29 PM Motion that having reviewed the application materials, considered public comment, and the staff analysis,I hereby adopt the findings presented in the staff report for Z14036 and move to approve the requested variance to Chapter 38 of the Bozeman Municipal Code Section 38.21.060.C.2, to allow the encroachment into the required front yard setback. Deputy Mayor- Carson Taylor: Motion Commissioner- Chris Mehl: 2nd 06:57:07 PM Commission Discussion on the Motion 07:01:47 PM Vote on the Motion that having reviewed the application materials, considered public comment, and the staff analysis,I hereby adopt the findings presented in the staff reportfor Z14036 and move to approve the requested variance to Page 4of13 Bozeman City Commission Minutes, April 14, 2014 Chapter 38 of the Bozeman Municipal Code Section 38.21.060.C.2, to allow the encroachment into the required front yard setback. 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 07:02:14 PM Motion and Vote 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 Z14036 and move to approve the Media Station conditional use permit with 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 07:03:23 PM Motion and Vote that having reviewed and considered the expressed preference of the developer and all the information presented,I hereby adopt the findings presented in the staff report for application Z14036 and move to accept cash in-lieu of parkland dedication as described in Section 5,staff finding No. 8. 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 3. 07:04:02 PM Westbrook Zone Map Amendment request to rezone 5.4 acres from R-3, Residential Medium Density to R-4, Residential High Density north of Durston Road, east of Laurel Parkway and south of Annie Street Application Z13296 (Saunders) G Page 5 of 13 Bozeman City Commission Minutes, April 14, 2014 07:04:29 PM Staff Presentation Assistant Planning Director Chris Saunders gave the staff presentation for the Westbrook Zone Map Amendment request to rezone 5.4 acres from R-3, Residential Medium Density to R-4,Residential High Density north of Durston Road, east of Laurel Parkway and south of Annie Street Application Z13296. 07:08:26 PM Commission Questions for Staff The Commission and Staff discussed the impacts of the proposed changed zoning designation and the reason behind the Zoning Commission voting against this request. 07:17:13 PM Applicant Presentation The Applicant gave the staff presentation for the Westbrook Zone Map Amendment request to rezone 5.4 acres from R-3, Residential Medium Density to R-4, Residential High Density north of Durston Road, east of Laurel Parkway and south of Annie Street Application Z13296. The request is in order to work with the shape of the lot. 07:18:05 PM Commission Questions for Applicant The Commission and Application discussed the right-of-ways,the concern of large buildings, height restrictions and that this property began development in the 1990's. 07:23:18 PM Public Comment 07:23:31 PM Marrie Beardslee,Public Comment Ms. Beardslee spoke regarding concerns of construction issues, density, and the integrity of the area changing. The development is close to a school area. 07:26:45 PM Public Comment closed Mayor Krauss closed public comment. 07:27:31 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 Z-13296 and move to approve the zone map amendment with contingencies. Commissioner- Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd 07:27:36 PM Commission Discussion on the Motion The Commission discussed the zoning and concerns of density. 07:33:07 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 Z-13296 and move to approve the zone map amendment with contingencies. Page 6 of 13 Bozeman City Commission Minutes, April 14, 2014 Commissioner- Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Disapprove Deputy Mayor- Carson Taylor: Disapprove Commissioner- Chris Mehl: Disapprove Commissioner- Cynthia Andrus: Disapprove Commissioner- I-Ho Pomeroy: Disapprove 4. 07:33:31 PM Westbrook Subdivision Preliminary Plat for a four-phase major subdivision to subdivide 33.5685 acres into 62 single-household residential lots, 1 multi-household lot(potentially to be rezoned to high- density residential, R-4), streets, open space and related site improvements with four variance requests related to access, parkland frontage, lot depth and block length,Application P13047 (Saunders) (Quasi-Judicial) KI�a 07:34:07 PM Staff Presentation Mr. Saunders gave the staff presentation for the Westbrook Subdivision Preliminary Plat for a four-phase major subdivision to subdivide 33.5685 acres into 62 single-household residential lots, 1 multi-household lot (potentially to be rezoned to high-density residential, R-4), streets, open space and related site improvements with four variance requests related to access, parkland frontage, lot depth and block length, Application P13047. 07:48:57 PM Commission Questions for Staff The Commission and Staff discussed the private vs public access of land areas, the high water table,the cost of a footbridge and maintenance as listed in condition No. 22 regarding a sewer lift station. 08:00:12 PM Applicant Presentation The Applicant representative gave the presentation regarding the Westbrook Subdivision Preliminary Plat for a four-phase major subdivision to subdivide 33.5685 acres into 62 single-household residential lots, 1 multi-household lot(potentially to be rezoned to high- density residential, R-4), streets, open space and related site improvements with four variance requests related to access, parkland frontage, lot depth and block length, Application P13047.He spoke regarding the tree placement. 08:02:33 PM Commission Questions for Applicant The Commission and the Applicant discussed culvert and a proposed fish resting area. 08:03:43 PM continued Applicant presentation The original developer of the Laurel Glen Subdivision spoke regarding item 4 on the list of conditions. He feels that it is unfair to ask him to put in two lights on Cottonwood. He would like the Commission to consider allowing having 2-3 phases complete prior to the reconstruction of Cottonwood. Page 7 of 13 Bozeman City Commission Minutes, April 14. 2014 08:07:i9 PM Commission Questions for Applicant Tire Commission and Applicant discussed the traffic report and the agreement that the intersection is failing. 08:10:22 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 08:10:40 PM Commission Questions for staff The Commission and Staff discussed the 60%-40%split for funding of intersections, different funding options for the 40%portion,the existing policy and the need for it to be reviewed, moratoriums and a thorough review of non-growth shares. 08:26:41 PM Motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the_fndings presented in the staff report for application P13047 and move to approve variances to Section 38.27.060.A to allow parkland with less than 50% of its perimeter fronting public streets, to Section 38.23.040 to allow a block length greater than 400 feet for Lot 1, Block 5, and to approve the Subdivision with conditions and subject to all applicable code provisions. Commissioner- I-Ho Pomeroy: Motion Commissioner- Cvnthia Andrus: 2nd 08:27:48 PM Commission Discussion on the Motion The Commission discussed the level of service of the roadway, hardships,the funding of the 40% for share of improving the failing intersection, Glenwood Drive, concerns of private vs public open space, parking lots,trail areas,and concerns of existing problems being placed upon developers. 08:58:07 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 P13047 and move to approve variances to Section 38.27.060.A to allow parkland with less than 50% of its perimeter fronting public streets, to Section 38.23.040 to allow a block length greater than 400 feet for Lot 1, Block 5, and to approve the Subdivision with conditions and subject to all applicable code provisions. Commissioner- I-Ho Pomeroy: Motion Commissioner- Cvnthia Andrus: 2nd Mavor-Jeff Krauss: Disapprove Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus:Approve Page 8 of 13 Bozeman City Commission Minutes. April 14. 2014 Commissioner- MR) Pon)cro\: Appro\e 08:58:49 PM Applicant The Applicant stated that they would be happy to gift the open space area in question to the City. 09:00:03 PM Motion and Vote to urge staff to have a discussion with the Applicant regarding gifting the open space area in this application to the City. Commissioner- Chris Mehl: Motion Commissioner-Cynthia Andrus: 2nd Mavor Jeff Krauss: Approve Deputy Mayor- Carson Tavlor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cvnthia Andrus: Approve Commissioner- I-Ho Pomerov: Approve 09:00:28 PM Break 5. 09:16:37 PM Amendment to the Fiscal Year 2015 Water Impact Fee Capital Improvement Program (CIP)to add the over sizing of a water main from 8 inch diameter to 12 inch diameter with initial pipe installation under the future extension of West Babcock Street from Water Lily Drive to Laurel Parkway(Saunders) 09:16:39 PM Staff Presentation Mr. Saunders gave the Staff Presentation regarding an Amendment to the Fiscal Year 2015 Water Impact Fee Capital Improvement Program(CIP)to add the over sizing of a water main from 8 inch diameter to 12 inch diameter with initial pipe installation under the future extension of West Babcock Street from Water Lily Drive to Laurel Parkway. 09:18:29 PM Commission Questions for Staff 09:18:43 I'M Applicant Presentation The Applicant representative introduced themselves and asked for the Commission to approve this request. 09:19:24 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 09:19:30 PM Motion and Vote to amend the Fiscal Year 2015 Water Impact Fee Capital Improvement Program to add the over sizing of a water main from 8 inch Page 9 of 13 Bozeman City Commission Minutes. April 14. 2014 diameter to 12 inch diameter with initial pipe installation under the future extension of West Babcock Street from Water Lily Drive to Laurel Parkwiiy. Commissioner-Cynthia Andrus: Motion Commissioner- Chris Mehl: 2nd Mavor-Jeff Krauss: Approve Deputy Mayor-Carson Taylor: Approve Commissioner-Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Flo Pomeroy: Approve 6. 09:20:14 PM Amendment to the Fiscal Year 2015 Transportation Impact Fee Capital Improvement Program (CIP)to add the widening of West Babcock Street from Water Lily Drive to Laurel Parkway and to add the widening of Laurel Parkway from Fallon Street to Durston Road (Saunders) 09:20:19 I'M Staff Presentation Mr. Saunders gave the staff presentation for the Amendment to the Fiscal Year 2015 Transportation Impact Fee Capital Improvement Program (CIP)to add the widening of West Babcock Street from Water Lily Drive to Laurel Parkway and to add the widening of Laurel Parkway from Fallon Street to Durston Road. 09:23:02 PM Commission Questions for Staff 09:23:17 PM Applicant Presentation The Applicant representative introduced themselves and asked for the Commission to approve this request. 09:23:48 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 09:23:56 PM Motion and Vote that having heard and considered the evidence and public testimony,I find the addition of the expansion of 0.25 miles of West Babcock Street from Water Lily Drive to Laurel Parkway is consistent with the requirements of the impact fee program. Therefore,I move to add these system improvements to the FY 2015 Transportation Capital Improvements Program list and provide for funding in the estimated amount of$49,600. Deputy Mayor-Carson Taylor: Motion Commissioner-Chris Mehl: 2nd Mayor-Jeff Krauss: Approve DePLO' Mavor-Carson Tavlor: Approve Page 10 of 13 Bozeman City Commission Minutes. April 14. 2014 Commissioner- Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 09:24:43) PM Motion and Vote that having heard and considered the evidence and public testimonv,I find the addition of the expansion of 0.78 miles of Laurel Parkwati, from Durston Road to Fallon Street is consistent with the requirements of the impact fee program. Therefore, I move to add these system improvements to the FY 2015 Transportation Capital Improvements Program list and provide for funding in the estimated amount of$152,400. Deputy Mayor- Carson Taylor: Motion Commissioner- Chris Mehl: 2nd Mavor- Jeff Krauss: Approve Deputy Mavor-Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner-Cvnthia Andrus: Approve Commissioner- 1-Ho Pomcrov: Approve 8. 09:25:48 PM Reappointment to the Trails, Open Space and Parks Committee (Brunckhorst) 09:25:51 PM Motion and Vote to reappoint Bob Hawks to the Trails, Open Space and Parks Committee. Commissioner-Cynthia Andrus: Motion Deputy Mavor-Carson Taylor: 2nd Mavor- Jeff Krauss: Approve Deputy Mayor-Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner-Cynthia Andrus: Approve Commissioner- I-1-lo Ponlerov: Approve 7. 09:26:16 PM City Manager's Update on City Commission Goals (Kukulski) 09:26:29 PM City Manager Chris Kukulski Mr. Kukulski began the presentation on the Update on the City Commission Goals. 09:29:09 PM Commission discussion The Commission discussed the amount of the goals, the consumption of resources to fulfill them,the fact that the goals are very ambitious,growth of Bozeman, capturing the mills for a transportation levy, less TOPs projects but yet understanding that there is still significant staff time involved, Story Mansion, Economic Development purview projects, LED lighting, solar panels,the Climate Action plan, infill development, balancing Page 11 of 13 Bozeman City Commission Minutes. April 14, 2014 amount of hours versus what the most important thins,to do is, education of the Police Bond levy this fall. Broadband,the proposed Non-discrimination Ordinance, Convention Center and the evaluation of insurance. Each Commissioner listed their top 6 items. 10:12:05 1'M Motion that the Landfill Vapor Intrusion, Police and Municipal Courts Building, Development of a Transportation System,the Trails, Open Space Bond, Stormwater and the Family Aquatic Center be the top 6 of the listed priorities. Commissioner- Chris Mehl: Motion Deputy Mayor-Carson Tavlor: 2nd 10:12:29 PM Commission Discussion on the Motion The Commission discussed the importance of Information Technology/GIS possibly replacing number 6 on the proposed list. 10:34:40 PM Vote on the Motion that the Landfill Vapor Intrusion,Police and Municipal Courts Building, Development of a Transportation System, the Trails, Open Space Bond,Stormwater and the Family Aquatic Center he the top 6 of the listed priorities. Commissioner-Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd Mavor-Jeff Krauss: Disapprove Deputy Mayor- Carson Taylor: Approve Commissioner-Chris Mehl: Disapprove Commissioner-Cynthia Andrus: Approve Commissioner- I-Ho Pomerov: Approve Page 12 of 13 Bozeman City Commission Minutes, April 14, 2014 10:12:05 PM Motion that the Landfill Vapor Intrusion, Police and Municipal Courts Building,Development of a Transportation System, the Trails, Open Space Bond, Stormwater and the Family Aquatic Center be the top 6 of the listed priorities. Commissioner- Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd 10:12:29 PM Commission Discussion on the Motion The Commission discussed the importance of Information Technology/GIS possibly replacing number 6 on the proposed list. 10:34:40 PM Vote on the Motion that the Landfill Vapor Intrusion, Police and Municipal Courts Building,Development of a Transportation System, the Trails, Open Space Bond,Stormwater and the Family Aquatic Center be the top 6 of the listed priorities. Commissioner- Chi-is Mehl: Motion Deputy Mayor- Carson Taylor: 2nd Mayor -Jeff Krauss: Disapprove Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Disapprove Commissioner - Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve I. 10:35:07 PM FYI/Discussion 1. Commission Schedule for discussion of a proposed Non-Discrimination Ordinance. 2. Upcoming Commissioner Absences. De uty Mayor Taylor gone June 2nd and Commissioner Andrus gone June 16` J. 10:43:14 PM Adjournment Mayor Krauss adjourned the meeting at 10:43 p.m. Je e a s, Mayor ATTEST: 0�. Y l 4� Stacy Ul en, C;,CityOe - :�. S 3 Page 12of13 Bozeman City Commission Minutes, April 14, 2014 PREPARED BY: Sta Ul e , City Clerk Approved on Page 13 of 13