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HomeMy WebLinkAbout07-14-2014 City Commission Minutes v, THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA AGENDA Monday, July 14,2014 Minutes linked to the video can be found online at. http://a,Ni,Nv.aveapturcaI].eom/Sessions.aspxgsession.7e8de0ce-12d5-4fdl-90ce- 56b87f4d7dc8 Table of Contents G 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 Page 1 of 21 Bozeman City Commission Minutes, July 14, 2014 1. Authorize Payment of Accounts Payable Claims (LaMeres) C� 2. Notice of Award for a Sewer Vacuum Truck in the amount of$369,323.00 to Titan Machinery (Alston) K a 3. Partridge Downs Major Subdivision Preliminary Plat Findings of Fact and Order(Rogers) K;1�a 4. Annie Phase 2 Minor Subdivision Findings of Fact and Order(Thomas) '1�p 5. Westbrook Phase 1-4 Major Subdivision Findings of Fact and Order (Thomas) cl-a 6. Trout Meadows Phase 3 Major Subdivision Findings of Fact and Order (Thomas) 'I a Mayor Pro-Tem Taylor opened public comment. No person commented. Mayor Pro-Tern 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 Depuly Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-I-Io 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-Tern Taylor opened general public comment.No person commented. Mayor Pro-Tern 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 fi-om 7-7-14) cs 06:04:06 PM Chris Saunders, Community Development Mr. Saunders presented the staff presentation on this item. Mr. Saunders explained that Page 2 of 21 Bozeman City Commission Minutes, July 14, 2014 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-Tern 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 Havine reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the fmdines presented in the staff report for application P14020 and move to approve Commission Resolution_ 4534 the Growth Policy Amendment with the contineencies 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. Page 3 of 21 Bozeman City Commission Minutes,July 14, 2014 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 - 1-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, Ap-plication P14029 (Quasi Judicial) (Rogers) E�'a 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-Tern Taylor opened public comment.No person commented. Mayor Pro-Tern 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. Page 4 of 21 Bozeman City Commission Minutes, July 14, 2014 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 subiect to all applicable code provisions Mavor-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 Bast Oak Street and North Rouse Avenue Application Z14072 (Krueger) CI-4- 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 Ben Lloyd,Applicant Mr. Lloyd of Comma Q Architecture asked the Commission if they have any questions. 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 May Amendment Commissioner-- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd 06:47:19 PM Discussion on the motion. Page 5 of 21 Bozeman City Commission Minutes, July 14, 2014 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 Ta lour: 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) KI-a 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 Page 6 of 21 Bozeman City Commission Minutes, July 14, 2014 regarding the concept of the RSL becoming a mute point. The applicant would like to potentially expand their home. 06:59:45 PM Public Comment Mayor Pro-Tern Taylor opened public comment.No person commented. Mayor Pro-Tern 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 Commissioner- Cynthia Andrus: Motion Commissioner-I-Ho Pomeroy: 2nd 07:00:19 PM 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-Tern 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 herebv 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 Ta lo�pprove 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) u�a 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 Page 7 of 21 Bozeman City Commission Minutes, July 14, 2014 Commissioners regarding this project, nor has she participated in any meetings with staff on this item. 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-Tern 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. 07:29:49 PM Peter Andrews answered questions from Cr. Mehl and explained why they need this variance. Public Comment Mayor Pro-Tern 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. Page 8 of 21 Bozeman City Commission Minutes, July 14, 2014 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 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 findines 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- Chi-is 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 fmdines 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- Ctimthia Andrus: Recused Commissioner- I-Ho Pomeroy: Approve The motion passed 3-0 with Cr.Andrus recused. Break Mayor Pro-Tern Taylor called for a break. 07:50:00 PM Back from Break Mayor Pro-Tern Taylor called the meeting back to order after break. Page 9 of 21 Bozeman City Commission Minutes, July 14, 2014 6. Obligation to Maintain Historic Properties and Demolition of I listoric Properties (Thomas/Sullivan) a 07:50:48 PM Wendy Thomas, Community Development Director began the presentation on this item with the discussion about the definition of historic property. 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. 09:09:09 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. 08:24:5 I PM Wendy Thomas continued answering questions from Cr. Mehl. 08:27:44 I'M 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 David Chambers,Public Comment 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. 08:37:53 PM Public Comment Closed Seeing no further public comment, Mayor Pro Tem Taylor closed public comment. 08:37:56 PM Page 10 of 21 Bozeman City Commission Minutes, July 14, 2014 1 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 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. Page 11 of 21 Bozeman City Commission Minutes, July 14, 2014 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. 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. Page 12 of 21 Bozeman City Commission Minutes, July 14,2014 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. 09:12:32 PM Vote on the motion to direct staff to bring forward a Municipal Code text amendment that reflects Proposed definition rivo, defining "historic property" as any Property eligible for listing on the National Register of Historic Places Mayor- Jeff Krauss: Absent Deputy Mayor- Carson Ta lour: 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 Steve Ouait,Public Comment Mr. Quait of 502 North 10`' 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 Darrell Behrent,Public Comment Page 13 of 21 Bozeman City Commission Minutes, July 14, 2014 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. 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 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 brine 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. Page 14 of 21 Bozeman City Commission Minutes, July 14, 2014 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 Depuly Mayor - Carson Tavlor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner -1-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-Tern 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-Tern Taylor opened public comment. 10:15:58 PM Darrell Behrent,Public Comment 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. 10:17:24 PM Rob PerOorn,Public Comment Mr. Pertzbom 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 Page 15 of 21 Bozeman City Commission Minutes, July 14, 2014 projects have come in. After demolition we see investments, energy upgrades,buildings to code, etc. 10:19:21 PM Public Comment Closed Mayor Pro-Tern Taylor closed public comment. 10:19:25 PM Greg Sullivan clarified the current demolition process. 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-Tern 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. Page 16 of 21 Bozeman City Commission Minutes, July 14, 2014 10:216:38 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. 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. Page 17 of 21 Bozeman City Commission Minutes, July 14, 2014 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. 10:42:47 PM Cr. Andrus spoke further to her understanding of the motion. 10:43:07 PM Mayor Pro-Tern 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. l 0:45:23 PM Cr. Pomeroy said she supports this motion and needs more information. 10:45:41 PM Mayor Pro-Tern 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 vear 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- 1-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 Page 18 of 21 Bozeman City Commission Minutes, July 14, 2014 Easement, and Leaseback between the Montana Depairtment of Transportation (MDT) and the City of Bozeman for City Property located on Nelson and Frontage Roads and MDT property on Rouse Avenue (Winn) C�L p 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. 11:00:05 PM Cr. Mehl asked questions of staff. 11:00:46 PM Cr.Andrus asked questions of staff. l 1:02:39 PM Chris Kukul ski, 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 includine the Land Exchange Conveyance Agreement. granting of easement, and leaseback with MDT. Commissioner- Cynthia Andrus: Motion Commissioner- I-Ho Pomeroy: 2nd 11:08:44 PM 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. Page 19 of 21 Bozeman City Commission Minutes, July 14, 2014 1 1:09:46 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. l l.-10:18 PM Mayor Pro-Tem Taylor continued discussion on the motion saying he agrees with the others. Iie 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. Mayor- Jeff Krauss: Absent Dcputy 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) E-a Motion and Vote to reappoint Terry Quatraro to the Bozeman Area Beautification Advisory Board. Commissioner- Cynthia Andrus: Motion Commissioner - 1-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor- Carson Ta l�pprove 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 011iff 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 Page 20 of 21 Bozeman City Commission Minutes, July 14, 2014 Commissioner - 1-Ho Pomeroy: Approve The motion passed 4-0. H. FYI/Discussion None. I. Adjournment Mayor Pro-Tern Taylor adjourned the meeting at 1 l:12 p.m. 0 Carson Taylor, Mayor P -Tem Stac Ul n< _f PREPARED Aimee ckhorst CMC, Deputy ty Clerk Approved on Jule 21, 2014- Page 21 of 21