HomeMy WebLinkAbout05-18-2015 Archive City Commission Minutes BOz. ,�
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THE CITY COMMISSION MEETING OF BOZEMAN,MONTANA
MINUTES
Monday,May 18,2015
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, Director of
Administrative Services Anna Rosenberry and City Clerk Stacy Ulmen.
A. 04:31:02 PM Call to Order — 4:30 pm — Commission Room, City Hall, 121
North Rouse
Mayor Krauss called the meeting to order at 4:31 p.m.
B. 04:31:06 PM Budget Work Session
1. 04:31:08 PM Fiscal Year 2016 Budget Work Session Transportation
Issues and Funding (Rosenberry)
04:31:20 PM Staff Presentation
City Manager Chris Kukulski began the Staff Presentation regarding the Fiscal Year
2016 Budget Work Session Transportation Issues and Funding. Director of Public
Works Craig Woolard gave a review addressing the maintenance of 200 miles of
roadways within the City, strained transportation systems, improvements that have
occurred and the need for a strategic change. He then began to discuss Transportation
System Deficiencies, the Pavement Condition Index, when street impact fees can be
used, timings of contributions of local shares and transportation improvements
following development. Mr. Woolard spoke regarding Transportation funding gaps
including the transportation system activity, funding needs and the current funding that
is in place. He then highlighted solving the system performance and funding gaps
including practicing changes in progress and continuance with a street reconstruction
policy. Mr. Woolard then went over the proposals of increasing routine and
preventative maintenance funding and the creation of an arterial and collector
assessment.
May 18,2015 Bozeman City Commission Meeting Minutes
05:00:28 PM Fiscal Year Recommended Budget
Administrative Services Director Anna Rosenberry gave the staff presentation regarding
the Fiscal Year Recommended Budget including a focus on transportation
improvements and increasing funding. She went over the significant increase in
transportation funding and increases, creations, expenditures and special improvement
districts. Ms. Rosenberry then showed a graph showing that 22% of the budget relates
to this area. She then spoke of what is needed including increases in routine and
preventative maintenance of up to $1 million dollars per year. Ms. Rosenberry spoke of
the 12.2% increase for Fiscal Year 2016, the amount to be spent in the district this year,
the personnel costs, operating costs and capital. She then went over the proposal of a
new Arterial and Collector Street District with billing estimated to begin in October of
2015 and the fact that this could increase staffing in the future. She then went over
money needed for the local share of construction on arterial and collector streets. She
then went over the process for creating an assessment for this fiscal year. Ms.
Rosenberry then displayed a graph related to street assessment funding over the next
few fiscal years and the estimated annual changes to commercial properties.
05:13:45 PM Commission questions for Staff
The Commission and Staff discussed costs being spread across a larger group and share
in funding, the existing 5 mills in the general levy, the tax on the value, the proposal to
take it off of the value and put it on the square footage, what the district used to pay for,
the prior all purpose levy and the funding of transportation, the fact that 3 mills is
recommended by the City Manager, and the 2 mills are dedicated to affordable housing,
the switch from value to square footage, the drop in values, the fact that it will vary on
each property due to the value of property instead of the amount of square footage
assessed.
05:25:02 PM Continued Staff presentation
Ms. Rosenberry spoke regarding the Gas Tax Fund in that the budget includes spending
the majority of funds on repair and overlay, the significant budget in street impact fee
revenues, the fact that budgeting highlights a 5 year average, the expenditure side of
street impact fees and the three areas of designing major roadways, intersection
improvements and construction of certain streets. Staff is recommending the addition of
allocating funds for development of a Transportation model. Ms. Rosenberry spoke
regarding Special Improvement Districts including downtown streetscape projects, the
sidewalk program and the SID for 50% of the costs of the Wallace Street project.
Downtown Partnership Director Chris Naumann spoke regarding the downtown
streetscape projects including 21 block faces being identified. He stated that bids
always come in high for the downtown projects and the fact that the Downtown
Partnership is looking for other ways to assist in contributing to the SID. Ms.
Rosenberry then spoke regarding the re-implementation of the sidewalk program and
the fact that these sidewalks are in the north east part of Bozeman. She then completed
her presentation with the annual cost adjustment to the typical City resident and the
work session schedule.
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May 18,2015 Bozeman City Commission Meeting Minutes
05:38:23 PM Commission questions for Staff
The Commission and staff discussed the safety implications with continuing with where
we are including concerns of uncompleted arterial and collector networks, pedestrian
and bike accidents, general routine of street maintenance, tax payer savings, cost issues
related to arterials and collectors using Cottonwood as an example, added costs, phasing
of funds for preventative maintenance vs if it was done all at once and the implications
of waiting for two more years, concern of staffing in conjunction with timing of
projects, the need to get into a system of using the money, levels of service and
movements on intersections, the meaning of delays, changing the level of service and
safety implications, the need for a certain amount of predictability in the system,
shifting the level of service to D, changing the overall analysis, increasing the amount of
preventative maintenance and pulling it from the collector and arterial fund and the
impact of that including the magnitude, creating the ability of getting paid back when
development occurs, risks, the percentage of streets in last year's budget,the average lot
assessment, the prior levy, when the debt service ended, the protest period and the
impacts, the values and the amount of properties, the funds for filling in the gaps, new
development paying substantial impact fees, existing homes not paying enough to
maintain existing infrastructures but new development paying high costs, how impact
fees are used, the fact that SIDS have not been recommended to finish the collectors, the
fact that there is not a completely fair way of doing this however the emphasis should be
on the network, trying to strike a balance, and the goal of coming up with a solution for
arterials and collectors, the need to share the burden together, the amount of tourist
traffic, pursuit of asking the County to raise gas tax, evolvement of gas tax, the
intersection of Baxter and Davis, capacity expansion, phasing in 5 years instead of 3
impacts, the reason that 3 years was chosen for the phasing timeframe, the non-growth
share, the need for a policy for paybacks, the recommendation of eliminating the 60/40
split, flexibility and accountability, examples in other communities, the fact that there is
not going to be a lot of risk and the fact that projects will be on the Capital
Improvements Plan, the fact that this has stability, accountability, future discussions of
the intersections, the need to show our side of it, tapping into the impact fee fund and
flexibility.
06:23:20 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
06:23:31 PM Break
Mayor Krauss declared a break.
C. 06:41:22 PM Call to Order Regular Meeting—6:00 pm *approximately*
Action items will not start until this time.
Mayor Krauss called the regular meeting to order at 6:41 p.m.
D. 06:41:33 PM Pledge of Allegiance and a Moment of Silence
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May 18,2015 Bozeman City Commission Meeting Minutes
E. 06:42:20 PM Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the
Agenda. Mr. Kukulski stated that the Special Presentation regarding the Police Report
will be given by new Police Chief Steve Crawford. Action Item 4 also had additional
materials added to the website and printed for the Public and the Commission.
F. 06:43:05 PM Public Service Announcement — City Offices Closed and No
Commission Meeting on Monday,May 25, 2015 in Recognition of Memorial Day
(Ulmen)
City Clerk Stacy Ulmen gave the Public Service Announcement about the Office
closures and the Commission Meeting schedule for next week.
G. 06:44:06 PM Minutes — Approval of Regular City Commission Minutes from
April 20, April 27, May 4 and May 11, 2015
06:44:08 PM Motion and Vote to approve the Regular City Commission Minutes from
April 20,April 27,May 4 and May 11, 2015 as submitted.
Commissioner- Chris Mehl: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor - Carson Ta l�pprove
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner-I-Ho Pomeroy: Approve
H. 06:44:50 PM Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services
(LaMeres)
2. Resolution 4599, making a Minor Modification to Special Improvement
Lighting District 388 for the Addition of Five Light Emitting Diode (LED)
Street Lamps (Rosenberry)
3. Accept the Northwestern Energy Incentives for Installation of Energy
Efficient Components (Murray)
4. Memorandum of Understanding accepting use of 2014 Ford F150 truck
for use in Drug Interdiction Operations (McLane)
5. Amendment to Professional Services Agreement with Tetra Tech Inc. for
continued Post-Closure Ground Water and Landfill Gas Monitoring at the
Story Mill Landfill (Hixson)
6. Professional Services Agreement with DOWL, LLC, hereinafter referred
to as, "Consultant" for Task Order 1 of the Design, Engineering, and
Construction Administration Services for the Bozeman Sports Park
Expansion TOP Bond Project(Poissant)
7. Final Plat for the West Winds Phase 2A&B Minor Subdivision and
Authorize the Director of Public Works to Execute the Same on Behalf of
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May 18,2015 Bozeman City Commission Meeting Minutes
the City of Bozeman Subject to Review and Approval by the City
Attorney,(Application P15012) (Brekke)
06:44:52 PM City Manager overview of the Consent Items.
Mr. Kukulski gave an overview of each consent items.
06:46:07 PM Public Comment on the Consent Agenda
Mayor Krauss opened public Comment.
06:46:24 PM Don Beeman,Public Comment
Mr. Beeman spoke in support of the Trails and Open Space funding for recreational
fields.
06:47:23 PM Public Comment
Mayor Krauss closed public comment.
06:47:28 PM Motion and Vote to approve Consent Items 1-7 as submitted.
Deputy Mayor - Carson Taylor: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Ta. l�pprove
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
I. 06:48:38 PM Items Acted Upon Without Prior Unanimous Vote
1. Finally Adopt Ordinance 1911 to amend the City of Bozeman Zone Map
to Establish an initial Zoning Classification of R-4 (Residential High
Density District) for approximately 0.335 Acres of the Property, and
Rezoning of approximately 1.63 Acres of the Property from R-1 zoning
(Residential Single-Household, Low Density District) to R-4 zoning, on
1.965 acres south of Lincoln Road and between Alder Court Lane and
Maple Lane, Application Z14280 (Brekke)
06:48:58 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
06:49:01 PM Motion and Vote to finally adopt Ordinance 1911 to amend the City of
Bozeman Zone Map to Establish an initial Zoning Classification of R-4 (Residential
High Density District)for approximately 0.335 Acres of the Property, and Rezoning of
approximately 1.63 Acres of the Property from R-1 zoning (Residential Single-
Household, Low Density District) to R-4 zoning, on 1.965 acres south of Lincoln Road
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May 18,2015 Bozeman City Commission Meeting Minutes
and between Alder Court Lane and Maple Lane,Application Z14280.
Commissioner-I-Ho Pomeroy: Motion
Commissioner- Cynthia Andrus: 2nd
Mayor- Jeff Krauss: Disapprove
Deputy Mayor - Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
J. 06:50:02 PM Public Comment
Mayor Krauss opened public comment.
06:50:36 PM Marilee Brown,Public Comment
Ms. Brown spoke in support of the Community Transportation Safety Plan which is
Action item 5.
06:50:58 PM Jen Peterson,Public Comment,
Ms. Peterson spoke in support of the Community Transportation Safety Plan which is
Action item 5.
06:51:35 PM Chris Naumann,Public Comment
Mr. Naumann spoke regarding Action Item 6. He supports that the design guidelines need
to be re-written.
06:53:40 PM Tom Keck, Public Comment
Mr. Keck spoke regarding his non-profit called Collin's Coalition and what they have
helped financially with. He spoke in favor of the Community Transportation Safety Plan
which is Action item 5.
06:56:33 PM Taylor Lonsdale,Public Comment
Mr. Lonsdale spoke in support of the Community Transportation Safety Plan and the
importance of the plan which is Action item 5.
06:57:22 PM Public Comment
Mayor Krauss closed public comment.
K. 06:57:24 PM Special Presentations
1. 06:57:29 PM Bozeman Police Department 2013 and 2014 Yearbook
(McLane)
Mr. Kukulski and Mayor Krauss thanked Assistant Chief McLane for his prior work and
serving as interim Chief for 5 months.
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May 18,2015 Bozeman City Commission Meeting Minutes
New Police Chief Steve Crawford gave the Bozeman Police Department Annual Report
highlighting staffing, accomplishments, partnerships, crime trends, awards, and
highlights of moving forward into 2015.
07:15:15 PM Commission questions for Staff
The Commission and Staff spoke regarding the amount of Police Women on the force.
2. 07:16:41 PM 2015 Historic Preservation Awards (Kramer)
Courtney Kramer, Historic Preservation Officer gave the staff presentation for the 2015
Historic Preservation Awards, how the nominations were compiled and properties that
were nominated. She spoke regarding Community attendance.
07:20:15 PM Commission questions and statements
The Commission thanked the staff and the preservation board for coming up with criteria
for nominations.
L. 07:20:46 PM Action Items
1. 07:20:57 PM A Conditional Use Permit and Certificate of Appropriateness
Application for the Property Addressed as 1015 South Grand Avenue, to
allow a Two-story Addition, uncovered Deck and Entryway Enclosure to
the rear of the Existing building, Campbell Triplex CUP/COA Application
Z15095 (Quasi Judicial) (Brekke)
07:21:22 PM Staff Presentation
Community Development Director Wendy Thomas gave the staff report for A
Conditional Use Permit and Certificate of Appropriateness Application for the Property
Addressed as 1015 South Grand Avenue, to allow a Two-story Addition,uncovered Deck
and Entryway Enclosure to the rear of the Existing building, Campbell Triplex
CUP/COA Application Z15095.
07:24:33 PM Commission questions for staff
The Commission and staff discussed the number of bedrooms and the apartment building
near the area.
07:25:46 PM Applicant Presentation
The Applicant representative gave her presentation regarding a Conditional Use Permit
and Certificate of Appropriateness Application for the Property Addressed as 1015 South
Grand Avenue, to allow a Two-story Addition, uncovered Deck and Entryway Enclosure
to the rear of the Existing building, Campbell Triplex CUP/COA Application Z15095.
She stated that she has been in this process since last August but changed the plan last
November. She stated that at every step in this process she was treated with stringent
parameters. She spoke regarding the requirements from the building department and
some of the difficulties that she faced in doing this project including the need for an
engineering report and a landscaping plan that was already done. The process was over-
done for a small home owner.
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May 18,2015 Bozeman City Commission Meeting Minutes
07:32:03 PM Commission questions for the Applicant
The Commission and Applicant discussed the conditions and the applicant agreed to
them.
07:33:43 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
07:33:52 PM Motion that having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application Z15095 and move to approve the Campbell
Triplex Conditional Use Permit and Certificate of Appropriateness to allow a 25
percent expansion of a lawful, nonconforming residential use at 1015 South Grand
Avenue with recommended conditions and subject to all applicable code provisions.
Commissioner- Cynthia Andrus: Motion
Commissioner- Chris Mehl: 2nd
07:34:27 PM Commission discussion on the Motion
Cr. Andrus stated that she appreciates the comments from the applicant and the location
of this project and that it is in review. It doesn't affect any of the other properties.
Cr. Mehl appreciates the citizen comments.
07:35:53 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 Z15095 and move to approve the Campbell Triplex
Conditional Use Permit and Certificate of Appropriateness to allow a 25 percent expansion of
a lawful, nonconforming residential use at 1015 South Grand Avenue with recommended
conditions and subject to all applicable code provisions.
Commissioner- Cynthia Andrus: 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
2. 07:36:07 PM A Preliminary Planned Unit Development Application for a
Multi-phase Residential Development located on 65 Acres South of
Durston Road, East and West of an extension of Laurel Parkway, two
phases with 62 Lots and additional Un-platted Phases for Future
Development, Project Location: Tract 1 of COS 1005B and Tract 2A of
COS 1005C located in the NW 1/4 of Section 10 and the NEIA of Section
9 Township 2S, Range 5E PMM City of Bozeman, Montana, Located
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May 18,2015 Bozeman Cite Commission Meeting Minutes
South of Durston Road and West of Bronken Park, Application Z15030
(Quasi Judicial) (Saunders)
07:36:26 PM Staff Presentation
Policy and Planning Manager Chris Saunders gave the staff presentation regarding a
Preliminary Planned Unit Development Application for a Multi-phase Residential
Development located on 65 Acres South of Durston Road, East and West of an extension
of Laurel Parkway, two phases with 62 Lots and additional Un-platted Phases for Future
Development, Project Location: Tract 1 of COS 1005B and Tract 2A of COS 1005C
located in the NW 1/4 of Section 10 and the NE1/4 of Section 9 Township 2S, Range 5E
PMM City of Bozeman, Montana, Located South of Durston Road and West of Bronken
Park, Application Z15030.
07:59:04 PM Commission questions for Staff
The Commission and staff discussed public access to the private open space, the
concurrent construction and when utilities are installed, the definition of a woonerf which
is a modified alley with pedestrian facilities, the fact that this would be the first in
Bozeman, the amount of relaxations requested, safety access if the woonerf is installed in
which the Fire Department approved, common mail boxes, parking areas, snow removal,
elimination of a small commercial element, design guidelines and covenants, review if
there is a change in the planned unit development, design elements and the HOA, trail
- location and possibly adding one around the lake, sidewalk location, the wetlands area,
the parking analysis needed in writing, another project that attempted something
comparative to a woonerf and what the City is getting in exchange including additional
open space.
08:18:21 PM Applicant Presentation
The Applicant Representative gave their presentation regarding a Preliminary Planned
Unit Development Application for a Multi-phase Residential Development located on 65
Acres South of Durston Road, East and West of an extension of Laurel Parkway, two
phases with 62 Lots and additional Un-platted Phases for Future Development, Project
Location: Tract 1 of COS 1005B and Tract 2A of COS 1005C located in the NW 1/4 of
Section 10 and the NE1/4 of Section 9 Township 2S, Range 5E PMM City of Bozeman,
Montana, Located South of Durston Road and West of Bronken Park, Application
Z15030. The Applicant went over the changes that have been made since their initial
presentation to the Commission last year.
08:31:25 PM Commission questions for Applicant
The Commission and Applicant representatives discussed the concurrent construction and
the reason they would like to have it occur including setting the tone and marketing wise,
the idea of creating something that has more character and what makes this superior
including that the architecture is what sells the neighborhood, the amount of open space
and parks, prior experiences with a woonerf, what the parks will include, the size of
housing and the lots planned, providing housing between $200,000-$400,000, the fact
that the applicant is trying to put housing in place under $200,000, the Conditions as
outlined by Staff, Condition 11 pertaining to trail installment timing, the reason that there
is not a trail around the lake, how other plans will be presented in the future, items that
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May 18,2015 Bozeman City Commission Meeting Minutes
apply to the entire PUD, what the benefits of the PUD are, if there is a reason that a trail
cannot be constructed next to the lake and the applicant's concern of putting a trail
through the wetlands area which would require amending the closed wetlands permit.
08:51:38 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
08:51:59 PM Motion that leaving 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 Z15030 and move to approve the application for use of concurrent
construction subject to all applicable code provisions.
Commissioner- Chris Mehl: Motion
Deputy Mayor- Carson Taylor: 2nd
08:52:27 PM Commission discussion on the Motion
Cr. Mehl stated there is a maximum and they are not using it so he does not have a
problem with it.
08:52:30 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 Z15030 and move to approve the application for
use of concurrent construction subject to all applicable code provisions.
Commissioner- Chris Mehl: 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
08:52:44 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 Z15030 and move to approve the planned unit development, including
relaxations 1 through 15, with conditions striking- condition 22 and subject to all applicable
code provisions.
Commissioner- Chris Mehl: Motion
Deputy Mayor- Carson Taylor: 2nd
08:53:36 PM Commission discussion on the Motion
Cr. Mehl stated that overall he appreciates the creativity. He is curious to see how this will work
in other phases.
Deputy Mayor Taylor stated that this is an interesting experiment and he is intrigued if it is
going to work.He wonders about the visitor parking,
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May 18,2015 Bozernaii City Commission Meeting Minutes
Cr.Pomeroy agrees with both and stated that we are here creating high density
Cr.Andrus spoke in support. She stated that a woonerf means"living street".
Mayor Krauss stated that it is a little bit of a risk but the staff made good findings. He is a little
concern of closeness and participating in the park.
08:57:08 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 Z15030 and move to approve the planned unit
development, including relaxations 1 through 15, with conditions strikin,- condition 22 and
subject to all applicable code provisions.
Commissioner- Chris Mehl: 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
3. 08:57:28 PM A Preliminary Plat Application for a Multi-phase Residential
Development Located on 65 Acres South of Durston Road, East and West
of an Extension of Laurel Parkway, including Two-Phases with 62 Lots
and Additional Un-platted Phases for Future Development, Project
Location: Tract 1 of COS 1005B and Tract 2A of COS 1005C located in
the NW 1/4 of Section 10 and the NE1/4 of Section 9 Township 2S, Range
5E PMM City of Bozeman, Montana, Located South of Durston Road and
West of Bronken Park,Application P15005 (Quasi Judicial) (Saunders)
08:57:41 PM Staff Presentation
Policy and Planning Manager Chris Saunders gave the staff presentation regarding a
Preliminary Plat Application for a Multi-phase Residential Development Located on 65
Acres South of Durston Road, East and West of an Extension of Laurel Parkway,
including Two Phases with 62 Lots and Additional Un-platted Phases for Future
Development, Project Location: Tract 1 of COS 1005B and Tract 2A of COS 1005C
located in the NW 1/4 of Section 10 and the NE1/4 of Section 9 Township 2S, Range 5E
PMM City of Bozeman, Montana, Located South of Durston Road and West of Bronken
Park, Application P15005.
09:03:00 PM Commission questions for Staff
The Commission and staff discussed the amended language for Condition 14, Staff s
recommendation of Condition No. 26, performance standards, signalizations in the area,
Condition No. 6 and what the mitigation measures are, and additional permits and what
one building permits equals.
09:10:00 PM Applicant Presentation
The Applicant representative gave their presentation regarding a Preliminary Plat
Application for a Multi-phase Residential Development Located on 65 Acres South of
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May 18,2015 Bozeman City Commission Meeting Minutes
Durston Road, East and West of an Extension of Laurel Parkway, including Two Phases
with 62 Lots and Additional Un-platted Phases for Future Development, Project
Location: Tract 1 of COS 1005B and Tract 2A of COS 1005C located in the NW 1/4 of
Section 10 and the NEll4 of Section 9 Township 2S, Range 5E PMM City of Bozeman,
Montana, Located South of Durston Road and West of Bronken Park, Application
P15005. The applicant handed out language that they would like added to Condition 26.
09:14:08 PM Commission questions for Applicant
The Commission and Applicant discussed the Attorney's suggestion regarding looping at
the language in Condition 26 being considered in the next item regarding impact fees.
09:15:49 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
09:16:09 PM Staff discussion
The City Attorney spoke regarding the Applicant's request for adding language to the
preliminary plat. He recommends that this be put in the agreement for the cost share.
09:17:38 PM City Attorney's proposal to add an additional sentence to add to the
existing Condition 26
Assistant City Attorney Tim Cooper suggested that the following be added to the end of
Condition 26: "Additional building permits may be issued upon satisfactory of the
required conditions and covenants contained in the Impact Fee Agreement proposed
between the Developer and the City".
09:18:20 PM Applicant rebuttal
The Applicant Representative agreed to the City Attorney's suggestion.
09:18:36 PM Motion that having reviewed and considered the application materials,
and all the information presented, I hereby adopt the findings presented in the staff
report for application P15005 and move to approve the subdivision with conditions and
subject to all applicable code provisions.
Commissioner- Chris Mehl: Motion
Deputy Mayor - Carson Taylor: 2nd
09:19:09 PM Friendly Amendment to replace Condition 14 with the language in the
staff report on page 2 of 28 reading: Section 9.12.3 of the covenant shall be revised to
read 9.12.3 Only one Vehicle per Lot is allowed to be stored/parked outside of a
garage on that lot, and any such Vehicle parked/stored outside of a garage shall only
be parked/stored on a designated concrete or gravel pad. The designated concrete or
gravel pad shall only be adjacent to the alley. No Vehicle shall be parked/stored in a
driveway or in front of a house."
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May 18,2015 Bozeman City Commission Meeting Minutes
Cr. Mehl stated a friendly amendment to the Motion which was agreed upon by Deputy
Mayor Taylor whom seconded the Main Motion, as well as approval of the rest of the
Commission.
09:20:24 PM Friendly Amendment to add the sentence that the Assistant City Attorney
suggested for Condition 26. 'Additional building permits may be issued upon
satisfactory of the required conditions and covenants contained in the Impact Fee
Agreement proposed between the Developer and the City':
Cr. Mehl stated a friendly amendment to the Motion which was agreed upon by Deputy
Mayor Taylor whom seconded the Main Motion, as well as approval of the rest of the
Commission.
09:20:54 PM Commission discussion on the Main Motion and Friendly Amendments
Cr. Mehl stated that he sees that the lots make sense; he is convinced about how the
subdivision will be established, and sees no problems with the criteria being in line with
the growth plan. He stated that this will be a welcome addition.
Deputy Mayor Taylor he agrees with Cr. Mehl and appreciates that staff, the
Commission and the Applicant have worked out the details of the language.
09:2t:49 PM Vote on the Motion that leaving reviewed and considered the application
materials, and all the information presented, I hereby adopt the findings presented in
the staff report for application PI5005 and move to approve the subdivision with
conditions and subject to all applicable code provisions with the Friendly amendments.
Commissioner- Chris Mehl: 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
4. 09:22:08 PM Consideration of an Action on Durston Road/Laurel
Parkway Widening Impact Fee Credit Request, IFCRI501. Durston Road
from Cottonwood Road to Western City Limits (approximately 2,035 feet)
and Laurel Parkway from Durston Road South (approximately 1,350 feet),
and Signalization of the Intersection of Durston Road and Cottonwood
Road in the amount of$1,488,185.18 (Saunders)
09:22:17 PM Staff Presentation
Policy and Planning Manager Chris Saunders gave the Staff Presentation regarding the
Consideration of an Action on Durston Road/Laurel Parkway Widening Impact Fee
Credit Request, IFCR1501. Durston Road from Cottonwood Road to Western City Limits
(approximately 2,035 feet) and Laurel Parkway from Durston Road South(approximately
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May 18,2015 Bozeman City Commission Meeting Minutes
1,350 feet), and Signalization of the Intersection of Durston Road and Cottonwood Road
in the amount of$1,488,185.18.
09:30:13 PM Commission questions for Staff
The Commission and Staff discussed the amount that the applicant will contribute, what
is to be done by December 31, 2015 and the cost of the sidewalks and moving the stream.
09:31:59 PM Applicant Presentation
The Applicant discussed how they will accomplish this by the end of December. They
have already been getting numbers and will be starting construction as soon as possible.
09:33:33 PM Commission questions for the Applicant
The Commission and Applicant discussed the Attorney's additional language and the fact
that the Applicant is comfortable with the December deadline, what the impact fees will
cover and the City's share of$75,000 for the sidewalks.
09:37:00 PM Public Comment
Mayor Krauss opened public comment.
No person spoke.
Mayor Krauss closed public comment.
09:37:11 PM Motion that Finding the request to be consistent with the criteria for
approval, I move to approve the requested impact fee credit IFCR-1501 in the amount
of $1,488,185.18 from the transportation impact fee fund with the conditions as
recommended by staff,• and authorize the City Manager to sign the impact fee credit
agreement with the fixed completion date of December 31, 2015.
Commissioner- Chris Mehl: Motion
Deputy Mayor- Carson Taylor: 2nd
09:37:49 PM Discussion on the Main Motion
Cr. Mehl stated that the Applicant and Staff have all agreed with the date.
09:38:05 PM Friendly amendment to add "With additional language agreed to between
Staff and the Applicant regarding timing of the project and issuance of building
permits"to the Motion. (Changed to an Amendment per further discussion)
Cr. Mehl stated a friendly amendment to the Motion which was agreed upon by Deputy
Mayor Taylor whom seconded the Main Motion, as well as approval of the rest of the
Commission.
09:38:23 PM Commission discussion on the Amendment
Mayor Krauss wondered if the amendment should be reflective of the numbers in the
suggested language. Clarification that this is the number of building permits.
Cr. Mehl stated that he feels the numbers will take care of themselves.
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May 18,2015 Bozeman City Commission Meeting Minutes
09:39:41 PM Amendment that the City Manager use street fees to pay for the sidewalk.
Commissioner- Chris Mehl: Motion
Deputy Mayor- Carson Taylor: 2nd
09:40:29 PM Commission and Staff discussion on the Amendment
Public Works Director Craig Woolard suggested that we use Option 2, using impact
fee funding and explained the reason for it.
Deputy Mayor Taylor spoke regarding moving the stream and deliberated about this
being considered "capacity expanding". He asked Mr. Woolard about the downside in
using Street fees. Mr. Woolard stated that $75,000 out of the Street Assessment is a
significant amount and will have an impact. He feels that it should come out of the
general fund.
Mayor Krauss spoke regarding how other Developer's would be treated. Mayor Krauss
supports Street Fees. It is important that we look at ourselves.
Cr.Andrus spoke regarding the $75,000 amount.
Cr. Mehl stated that we are meeting the Developer half way. He stated that the sidewalk
should have put in a long time ago. Cr. Mehl spoke regarding the non-growth fund.
Cr. Pomeroy asked for clarification on the amount.
Discussion took place regarding moving the stream and getting the waterway out of the
right of way. City Attorney Sullivan read the provisions in regard to the restriction on the
use of Street Maintenance funds as they relate to sidewalks. There is a limitation.
09:53:08 PM Friendly Amendment to the Amendment that the City Manager pay for
the sidewalk out of a street fund.
Cr. Mehl stated a friendly amendment to the Motion which was agreed upon by Deputy
Mayor Taylor whom seconded the Main Motion, as well as approval of the rest of the
Commission.
09:56:04 PM Vote on the Amendment that the City Manager pay for the sidewalk out o
a street fund AND to add "With additional language agreed to between Staff and the
Applicant regarding timing of the project and issuance of building permits" to the
Motion.
Commissioner- Chris Mehl: 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
09:56:51 PM Vote on the Main Motion as Amended that Finding the request to be
consistent with the criteria for approval, I move to approve the requested impact fee
credit IFCR-1501 in the amount of$1,488,185.18 from the transportation impact fee
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May 18,2015 Bozeman City Comnussion Meeting Minutes
fund with the conditions as recommended by staff,• and authorize the City Manager to
sign the impactfee credit agreement.
Commissioner - Chris Mehl: 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
09:56:46 PM Meeting time
Mayor Krauss stated that we have almost met the Ordinance provision time for
Commission Meeting ending time of 10 p.m. He will not use his authority to suspend the
rules.
The Commission discussed the time. Mayor Krauss decided to take Public Comment on
Action item 5.
5. 09:57:58 PM Community Transportation Safety Plan(Hixson)
09:58:02 PM Public Comment
Mayor Krauss opened public-comment.
09:58:25 PM Ralph Zimmer,Public Comment
Mr. Zimmer stated that he is the Chair for the Pedestrian and Traffic Safety Board and
that two years ago 8 groups worked together and came up with a comprehensive plan
which has been sitting on the shelf for 22 months. The Pedestrian and Traffic Safety will
push the activity led by Board member Danielle Scharf and are recommending that the
Commission adopt the plan.
10:00:08 PM Motion and Vote to meet until 11 p.m.
Commissioner- Chris Mehl: Motion
Deputy Mayor- Carson Taylor: 2nd
Mayor- Jeff Krauss: Disapprove
Deputy Mayor- Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
With the meeting continuing,this item was further discussed.
10:01:28 PM Staff Presentation.
City Engineer Rick Hixson gave the staff presentation for the Community Transportation
Safety Plan.
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May 18,2015 Bozeman City Commission Meeting Minutes
10:04:05 PM Commission questions for staff
The Commission and staff discussed DUIs and cause of crashes, anticipation of costs of
implementation, the reason that the Commission hasn't seen this until now in that it is
based on the efforts of volunteer groups, primary offenses and what happened at the state
level.
10:07:45 PM Public Comment
Mayor Krauss opened public comment once again on this item.
10:07:59 PM Danielle Scharf,Public Comment
Ms. Scharf spoke on behalf of the Pedestrian Traffic Safety Committee whom are
committed in moving this forward. A summary will be forwarded to the Commission in
the future.
10:09:54 PM Police Officer Rick Musson,Public Comment
Officer Musson from the Bozeman Police Department spoke regarding attentive driving
and cell phone use. He has a passion for seat belt use.
10:10:46 PM Public Comment closed
Mayor Krauss closed public comment.
10:10:50 PM Motion that having considered public testimony and staff background
information,I move to adopt the Community Transportation Safety Plan.
Deputy Mayor- Carson Taylor: Motion
Commissioner-I-Ho Pomeroy:
10:11:35 PM Commission discussion on the Motion
Deputy Mayor Taylor stated that there are things in the plan that require further action.
He does not mean by making this motion that they are adopting those items that require
further action. He will support the motion.
Cr. Pomeroy stated that she will support the motion.
Cr. Andrus stated that she is the liaison to the Pedestrian Board. She agrees with Deputy
Mayor Taylor but in general are supporting this plan.
Cr. Mehl will support the motion and spoke regarding education outreach and judicial
enforcement. It is important to continue outreach.
Mayor Krauss stated that he is not voting for this and we are a state that has rejected
making seatbelt a primary offense. At the State level this would be more properly
addressed.
10:14:43 PM Vote on the Motion that having considered public testimony and staff
background information,I move to adopt the Community Transportation Safety Plan.
Deputy Mayor - Carson Taylor: Motion
Commissioner- I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Disapprove
Deputy Mayor- Carson Taylor: Approve
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May 18,2015 Bozeman City Commission Meeting Minutes
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
6. 10:15:15 PM Resolution 4598 amending the Bozeman Guidelines for
Historic Preservation and the Neighborhood Conversation Overlay District
to address Impediments to the Redevelopment of the B-3 area outside of
the Main Street Historic District(Thomas)
10:15:25 PM Staff Presentation
Director of Community Development Wendy Thomas gave the staff presentation for
Resolution 4598 amending the Bozeman Guidelines for Historic Preservation and the
Neighborhood Conversation Overlay District to address Impediments to the
Redevelopment of the B-3 area outside of the Main Street Historic District.
10:23:30 PM Commission questions for Staff
The Commission and Staff discussed the language that presently exists, the crossed out
language, the discussion of not including the historic districts, staff s position of the 44 ft
requirement,the alley area and what could be built,housing density and fagade.
10:28:28 PM Public Comment -
Mayor Krauss opened public comment.
10:28:36 PM Brian Caldwell,Public Comment
Mr. Caldwell stated that he was on the task force and that the interest abutting
neighborhood district to the B3 District was a concern, specifically to rear yard and alley
adjacency.
10:33:21 PM Jennifer Smith Mitchell,Public Comment
Ms. Mitchell stated that she owns a building on Mendenhall. She spoke regarding the
building that they preserved with the intent of preserving the historic fabric. She spoke
regarding knowing that B3 would evolve. She is opposed. She does not want to see,
option 1 and would like to see this worked out better. She encourages more definitive
work.
10:3 8:04 PM Susan Ries,Public Comment
Ms. Riggs spoke regarding the Task Force's request for more restrictive language,
building sites abutting or across an alley front shall be sensitive to the alley face.
10:40:07 PM Bill Mitchell,Public Comment
Mr. Mitchell spoke regarding the alternatives and that they should be looked at. He
suggested adding language regarding landscaping.
10:42:06 PM Public Comment closed
Mayor Krauss closed public comment.
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May 18,2015 Bozeman Cite Commission Meeting Minutes
10:42:38 PM Commission questions for Staff
The Commission and staff discussed alleys and side property lines, the step up approach,
10:44:52 PM Motion that having reviewed and considered the staff report, public
comment, and all information presented, I hereby move to approve Resolution 4598
amending the Bozeman Guidelines for Historic Preservation & the Neighborhood
Conversation Overlay District.
Deputy Mayor- Carson Taylor: Motion
Commissioner- I-Ho Pomeroy: 2nd
10:45:10 PM Friendly Amendment to amend the language in the staff report to read in
section 4, under section A, under mass and scale, `Building sites that abut or are
across an alley from a residential zoning district shall be sensitive..."etc.
Deputy Mayor Taylor stated a friendly amendment to the Motion which was agreed upon
by Cr. Pomeroy whom seconded the Main Motion.
10:46:02 PM Commission discussion on the Motion
Deputy Mayor Taylor stated that he thinks this is a result of a lot of work and meets
generally the needs of doing this until a time when greater detail can be added. This will
get us through. He is not convinced that-the side yard piece needs changed at this time.
He appreciates the 44ft from residential being a lot.
Cr. Pomeroy feels that we are going the right direction and she will support the motion.
Cr. Andrus spoke in support of the motion with the friendly amendment. She spoke in
appreciation of the groups work on this. She doesn't feel that we are losing our historic
core. Growth is good and this particular work has focused on how we will grow
downtown.
Cr. Mehl stated that he is struck by somebody who has gone through a Master Plan and
single ownership, then they would have an option of having more flexibility on the
building interface.
10:51:30 PM Amendment to the Main Motion that if abutting properties under joint
ownership or successfully go through a master site plan; they may be exempted from
the building interface standards.
Commissioner- Chris Mehl: Motion
Deputy Mayor- Carson Taylor: 2nd
10:52:12 PM Commission and Staff discussion on the Motion.
Ms. Thomas suggested different language options.
10:53:22 PM Amendment restated and clarified to adopt a subsidiary bullet point to say
"along the interior side or rear property line or common ownership or with a
successful master site plan, they don't have to the step back".
Cr. Mehl re-stated and clarified the language further for the Amendment.
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May 18,2015 Bozeman City Commission Meeting Minutes
10:53:53 PM Further Commission discussion
The Commission discussed concerned is within the 133 zoning area and that there will be
some places where the interface will be dire but this is addressing the interface in a very
gentle way.
10:57:32 PM Motion to instruct staff to come back with bullet point that highlights the
spirit of the discussion (which can be added to Consent).
Deputy Mayor - Carson Taylor: Motion
Commissioner- Chris Mehl: 2nd
10:59:20 PM Friendly Amendment withdrawn to instruct staff to come back with bullet
point that highlights the spirit of the discussion (which can be added to Consent).
Deputy Mayor Taylor withdrew his Amendment.
11:00:01 PM Friendly Amendment withdrawn that if abutting properties under joint
ownership or successfully go through a master site plan; they may be exempted from
the building interface standards.
Cr. Mehl withdrew his Amendment.
The Commission emphasized that they are expecting Staff to come back with bullet point
that highlights the spirit of the discussion (not in June) Cr. Mehl stated possibly by
September of 2016.
11:00:32 PM Vote on the Main Motion that having reviewed and considered the staff
report, public comment, and all information presented, I hereby move to approve
Resolution 4598 amending the Bozeman Guidelines for Historic Preservation & the
Neighborhood Conversation Overlay District with the Friendly Amendment to amend
the language in the staff report to read in section 4, under section A, under mass and
scale, "building sites that abut or are across an alley from a residential zoning district
shall be sensitive..."etc.
Deputy Mayor- Carson Taylor: Motion
Commissioner- I-Ho Pomeroy: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Ta lor: Approve
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andius: Approve
Commissioner- I-Ho Pomeroy: Approve
7. 11:01:09 PM Consideration of scheduling a Policy Discussion on
Demolition and Historic Structures, Revisions to Approved Structures
without City Approval, Application Review and the use of Variances and
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May 18,2015 Bozeman City Commission Meeting Minutes
Deviations, and the Options and Application of Enforcement Provisions in
the Municipal Code relating to Land Use Actions, and Setting a Date
(Saunders)
11:01:30 PM Public Comment
Mayor Krauss opened public comment.
No person spoke.
Mayor Krauss closed public comment.
11:01:35 PM Motion to schedule a policy discussion on July 13, 2015 or immediately
thereafter on demolition and historic structures, revisions to approved structures
without City approval, application review and the use of variances and deviations, and
the options and application of enforcement provisions in the municipal code relating to
land use actions and the possible hiring-of a code enforcement officer.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Carson Taylor: 2nd
11:02:14 PM Commission Discussion on the Motion
Cr. Mehl stated that he wants this discussed.
11:02:45 PM Vote on the Motion to schedule a policy discussion on July 13, 2015 or
immediately thereafter on demolition and historic structures, revisions to approved
structures without City approval, application review and the use of variances and
deviations, and the options and application of enforcement provisions in the municipal
code relating to land use actions and the possible hiring of a code enforcement officer.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor- Carson Ta loY r: Approve
�ove
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
M. 11:03:01 PM FYI/Discussion
i
1. 11:03:13 PM Cr. Andrus and Pomeroy gone on June lst and Quorum
noticing for a dinner on June 1st before the meeting.
N. 11:03:42 PM Adjournment
Mayor Krauss adjourned the meeting at 11:03 p.m.
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May 18,2015 Bozeman City Commission Meeting Minutes
Jeffrey K.Krauss
Mayor
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City Clerk
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