HomeMy WebLinkAbout07-13-2015 Archive City Commission Minutes U �x
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday,July 13, 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, and Deputy
City Clerk Pearl Michalson.
A. 05:59:48 PM Call to Order—6 p.m. —Commission Room, City Hall, 121 North
Rouse
B. 06:00:41 PM Pledge of Allegiance and a Moment of Silence
C. 06:00:43 PM Changes to the Agenda
City Manager Chris Kululski stated that Consent items 2,5,7, and 9 need to be moved to
another date in the future due to revisions that need to be corrected.
D. 06:01:16 PM Minutes —Regular City Commission Minutes from June 1, June 8,
June 15 and June 22, 2015
Motion and Vote to approve the Regular City Commission Minutes from June 1, June
8, June 15 and June 22, 2015 as submitted
Commissioner - I-Ho Pomeroy: 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
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July 13, 2015 City Commission Minutes
E. 06:02:07 PM Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services
(LaMeres)
2. Professional Services Agreement with American Sealcoat and Another
Peters Painting for Parking Lot Repairs and Upgrades and Lot Striping of
Multiple Buildings (Goehrung)
3. Professional Services Agreement with Another Peters Painting for Yellow
Curb Painting(VanDelinder)
4. Professional Services Agreement with Clanton and Associates for LED
Lighting Standards Development(Karriker)
5. Professional Services Agreement with Core Controls, Inc., for
replacement of an existing Boiler at the Bozeman Senior Social Center
(Goehrung)
6. Professional Services Agreement with Dust Bunnies Janitorial Services for
Multiple City Buildings (Goehrung)
7. Professional Services Agreement with High Tech Coating Inc. for Parking
Lot Repairs and Upgrades and Lot Striping of Multiple City Buildings for
2015 (Goehrung)
8. Professional Services Agreement with Montana Building Maintenance,
Inc. for Cleaning Multiple City Buildings (Goehrung)
9. Professional Services Agreement with Western States Fire Protection Co.,
to renovate the Fire Suppression System at the Bozeman Senior Social
Center, to bring the existing Fire Line up to current Building Code
Requirements (Goehrung)
10. Amendment 1 to Task Order No. 3 with Dowl-HKM to provide for the
Professional Services Agreement Right-of-Way Acquisition Services for
Public Access and Utility Easements to Facilitate the Completion of the
North 7th Avenue Lighting Project (Fine)
11. Resolution 4612, Intent to create a Special Improvement Lighting District
No. 726 for Westbrook Subdivision(Clark/Neibauer)
12. Resolution 4615, Intent to create a Special Improvement Lighting District
No. 727 for Southbridge Subdivision Phase IV-V (C1arklNeibauer)
13. Utility Easement for Fiber Optic at Gallatin County Fairgrounds which is
part of the Implementation of the Bozeman Fiber Master Plan by
providing a Future Fiber Path across the Gallatin County Fairgrounds
connecting the Northern Segment of the Core Fiber Network proposed on
Oak Street to the Eastern Segment of the Core Fiber Network proposed on
North Montana Avenue (Fontenot)
14. Public Park Easement, Norton East Ranch Subdivision Phase 3,
Application P15010(Krueger)
15. Open Space Public Access Easement, Norton East Ranch Subdivision
Phase 3A,Application P15010 (Krueger)
16. Final Park Plan for Traditions Major Subdivision, Application P15014
(Rogers)
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July 13,2015 City Commission d7inutes
17. Final Plat for Traditions, File P15014 and Authorize the Director of
Public Works to approve the Traditions Phase 2 Subdivision Final Plat,
Application P15014 (Rogers)
18. Final Plat for Partridge Downs Phase 1 Subdivision, Application P15013
and Authorization of the Director of Public Works to Execute the same on
behalf of the City of Bozeman upon Review and Approval by the City
Attorney's Office (Cooper)
19. Final Plat for Cottonwood Corner Minor Subdivision, Application 15-235
and Authorization of the Director of Public Works to Execute the same on
behalf of the City of Bozeman(Cooper)
20. Findings of Fact and Order South University District Phase IB Minor
Subdivision,Application P 15011(Krueger)
21. Notice of Award with Montana Lines, Inc. for the North 7th Avenue
Lighting Project(Fine)
06:03:54 PM Public Comment
Mayor Krauss opened Public Comment for items on the consent agenda.
There was no public comment
Public Comment was closed.
06:04:40 PM Motion and Vote to approve Consent items 1-21 as submitted, with the
exception of Consent Items 2,5,7 and 9 which are not included in the motion.
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
F. 06:04:00 PM Public Comment—
Mayor Krauss opened General Public Comment.
There was no public comment.
Public Comment was closed.
G. 06:05:20 PM Special Presentation—Bozeman Yellowstone International Airport
Presentation(Airport Director Brian Sprenger)
06:05:51 PM Brian Sprenger—Airport Director
Brian Sprenger spoke about the location of the demographics of the International Airport.
Mr. Sprenger mentioned the fact that this population travels a lot and which has provided
positive opportunities because residents brought with them many family and friends.
From 1978 through 2014 the airport was able to surpass 1 million passengers. Bozeman
has been at the top quarter percent of the market of airline traffic. Bozeman saw an
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July 13, 2015 City Commission Minutes
increase in seasonal and national travel, especially when it came to non-stop travel. Mr.
Sprenger hoped to add American Airlines and Southwest Airlines in the future. Gallatin
College's flight training program required a new parallel runway in order to separate
students learning to fly from the commercial airline traffic and safety. Corporate aviation
was also discussed to accommodate that growth as well. These are the type of changes
being considered in the near future.
06:20:50 PM Commission questions for the presenter
Commissioner Andrus asked about the guarantees that we had in the past. Mr. Sprenger
went into detail about the airports that were worked with in the past. There were currently
no guarantees on any airports. A question was asked about travel to and from nearby
cities. Commissioner Pomeroy expressed her thanks with the new interchange.
Commissioner Mehl also commended the ease of doing business due to the work at the
Yellowstone International Airport. The Mayor also commented that the Airport was
doing a good job as well.
H. 06:27:07 PM Action Items
1. 06:27:14 PM Certificate of Appropriateness Application with Deviations
to Remodel the Residential Structure Located at 401 North Grand Avenue
in the Following Manner: 1) Demolition of the Existing Structure's Roof
Framing and Exterior Siding, 2) Addition of a New Second Story and
Front Porch within the Existing Structure's Building Footprint, 3)
Addition of New Exterior Siding and Windows and 4) Related Site
Improvements, England Residence Remodel Project, Application No. 15-
224 (Quasi-Judicial) (Brekke)
06:27:33 PM Staff Presentation
Staff Planner Allyson Brekke entered the staff report into the public record and also gave
her staff presentation on the certificate of Appropriateness Application with Deviations to
Remodel the Residential Structure Located at 401 North Grand Avenue in the Following
Manner: 1) Demolition of the Existing Structure's Roof Framing and Exterior Siding, 2)
Addition of a New Second Story and Front Porch within the Existing Structure's
Building Footprint, 3)Addition of New Exterior Siding and Windows and 4) Related Site
Improvements, England Residence Remodel Project, Application No. 15-224.
The structure of the building was discussed as well as the existing footprint and the
encroachments that are presented in regards to the demolition plan. Proposals were
discussed in further detail with the remodel shown in relation to other homes in the area
per the application schematics presented by the architect. The department had to consider
the non-conforming structure of the municipal code when they reviewed this application.
Ms. Brekke explained non-conforming status in detail as well as the process that the
applicant had to go through once the application was submitted for a partial demolition as
opposed to a full demolition.
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July 13, 2015 City Commission Minutes
06:38:01 PM Commission questions for Staff
Commissioner Andrus asked about the encroachment at the rear of the property to which
Staff explained in detail. Commissioner Mehl asked for staff to clarify the definition of
sight improvements, roof height levels, as well as what the code says about demolition.
06:43:48 PM Brian England Applicant
The applicant stated that staff did a great job presenting their presentation.
06:44:34 PM Commission questions for the Applicant
Commissioner Andrus asked about the back porch located at the back of the structure.
Commissioner Mehl asked if the applicant was okay with the conditions in the staff
report.
06:46:28 PM Public Comment
Mayor Krauss opened public comment.
There was no public comment.
Public Comment is closed.
06:46:36 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 zoning application no. I5-224 and move to approve the
Certificate of Appropriateness with-Deviations application with conditions and subject
to all applicable code provisions.
Commissioner- Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
06:46:55 PM Commission Discussion
Commissioner Mehl supported.
Commissioner Andrus supported the motion.
Deputy Mayor Taylor was concerned with the height but supports the motion.
Commissioner Pomeroy wondered what the neighbors thought about the project and
discussed what the neighbors said and supported it.
Mayor Krauss asked the city attorney to explain ex parte communication.
06:49:22 PM City Attorney
Attorney Sullivan explained what the best practice is for communicating and noticing the
formal notices for Quasi-Judicial projects.
Mayor Krauss spoke about why this was a variance and explained why he supports the
project despite the intrusion of the porch.
06:51:40 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 zoning application no. I5-224 and move to
approve the Certificate of Appropriateness with Deviations application with conditions
and subject to all applicable code provisions.
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July 13,2015 City Commission Minutes
Commissioner- Chris Mehl: 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
2. 06:52:21 PM Certificate of Appropriateness Application with a Deviation
requesting Partial Demolition and New Construction of a Rear Addition to
the Existing Structure Addressed as 423 South Tracy Avenue, in which the
Required Deviation Allows the Rear Addition to Encroach into the
Required Front Yard Setback along West Story Street, Scott Residence
Addition, Zoning Application No. 15-250 (Quasi-Judicial) (Brekke)
06:52:14 PM Staff Presentation
Allyson Brekke, Associate Planner gave a staff presentation and talked about a partial
demolition on a home to allow an additional square footage to the home that would
extend the height and a rear addition that would create an encroachment. The proposed
site plan and demolition was discussed in detail.
06:57:17 PM Commission questions for Staff
Mayor Krauss asked when these were first designed was the need for this deviation
considered. Policy and Planning Manager, Chris Saunders, discussed the history of
setbacks and codes that were in place when he started in 2006. Mayor Krauss stated that
based on the design, it looked like there were changes to the zoning standards and
wondered if in the future these types of deviations would be needed.
There were questions concerning how all the change still make this home still within the
guidelines of a historic structure, federal and local standards were also discussed.
07:04:10 PM Peter Andrews-Applicant
The Commission asked the Applicant if he agreed with what was in the staff report whom
agreed.
No other questions were asked.
07:04:48 PM Public Comment
Mayor Krauss opened public comment.
There was no public comment.
Public Comment was closed.
07:04:57 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 zoning application 15-250 and move to approve the
Certificate of Appropriateness with Deviations application with conditions and subject
to all applicable code provisions.
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July 13, 2015 City Commission Minutes
Commissioner- Cynthia Andrus: Motion
Commissioner-I-Ho Pomeroy: 2nd
07:05:20 PM Commission Discussion
Commissioner Andrus supports the application and stated that the project met the criteria
of the historic preservation of the area.
Commissioner Pomeroy, also supports because it kept the character within the
neighborhood.
Mayor Krauss also supported the application.
07:06:29 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 zoning application 15-250 and "love to
approve the Certificate of Appropriateness with Deviations application with conditions
and subject to all applicable code provisions.
Commissioner- Cynthia Andrus: Motion
Commissioner- I-Ho Pomeroy: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
3. 07:06:53 PM Resolution 4323, Amending the Bozeman Guidelines for
Historic Preservation and the Neighborhood Conversation Overlay District
to Update Subchapter 4-B3 to Amend Setback Requirements For
Properties Subject to a Master Site Plan(Thomas)
07:07:12 PM Staff Presentation
Planning Director Wendy Thomas discussed the residential properties and talked about
the guidelines and the modifications that will be made to the B-3 section of the residential
properties. Building interfaces along the residential zoning properties were discussed in
detail as well as the proposed changes.
07:09:43 PM Commission questions for Staff
Commissioner Pomeroy asked what happens if a person does not own both properties,
to which Staff answered in detail.
Deputy Mayor Taylor asked about the about the property in the B-zone if the R zone is
owned by the same person across the street as a non-affiliated party and wondered if the
property owner adjacent would be affected.
Mayor Krauss asked if someone came in and bought property to the North, would there
be an element of protection.
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July 13, 2015 City Commission Minutes
Wendy Thomas answered this question and others in detail.
07:14:55 PM Public Comment
Mayor Krauss opened public comment.
There was no public comment.
Public Comment was closed.
07:15:03 PM Motion to approve Resolution 4323, Amending the Bozeman Guidelines
for Historic Preservation and the Neighborhood Conversation Overlay District to
Update Subchapter 4 B3 to Amend Setback Requirements For Properties Subject to a
Master Site Plan.
Commissioner- I-Ho Pomeroy: Motion
Deputy Mayor - Carson Taylor: 2nd
07:15:45 PM Commission Discussion on the Motion
Commissioner Pomeroy and Deputy Mayor Taylor talked about how this allowed the
downtown area to grow.
Commissioner Mehl thanked the director and staff for the recommendation for this plan
and further talked about the architectural styles and density in detail.
Commissioner Andrus agreed with what was said and appreciated the task force.
Mayor Krauss agreed as well and also thanked the Director and task force for considering
this plan and talked about what this meant for the future.
07:23:31 PM Vote on the Motion to approve Resolution 4323,Amending the Bozeman
Guidelines for Historic Preservation and the Neighborhood Conversation Overlay
District to Update Subchapter 4 B3 to Amend Setback Requirements For Properties
Subject to a Master Site Plan.
Commissioner-I-Ho Pomeroy: Motion
Commissioner- Chris Mehl: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Ta l�pprove
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner-I-Ho Pomeroy Approve
4. 07:23:40 PM Resolution 4324, Adopting the Recommendations of the
Joint Advisory Committee Established to explore Gallatin County and
City of Bozeman Cooperation on Joint Improvements at the Law and
Justice Center Campus (Kukulski)
07:23:48 PM Staff Presentation
City Manager Chris Kukulski went into detail about the issues that were discussed
concerning building a joint law and justice facility. The needs assessment was explored
as well as what was reviewed in the past to build a joint law and justice facility via a task
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July 13, 2015 City Commission Minutes
force between the City and County. Mr. Kukulski went on to talk about what the impact
would be in the event that this got approved by the City and County.
07:26:43 PM Commission Discussion
Mayor Krauss talked about the joint task force and the conclusions that were reached
which were to construct new facilities for various departments in the legal, city attorney,
clerk of district court and police departments. In 2016 the goal is that this joint
committee would explore a joint building or building with the county and city's input.
Deputy Mayor Taylor talked about ways in which this project could be done effectively
as well as possibly save tax payers money in the future. Commissioner Andrus
stated that this project was a priority in the past and still needed to be a priority and this is
why we needed this on the Ballot in November. Details about this being a new plan were
also discussed. Commissioner Mehl talked about the questions that were asked and were
answered concerning this building and details about the task force and the process was
also discussed via the Mayor. Commissioner Pomeroy provided comments concerning
the working group or task force between the city and county. This was a very long and
lengthy discussion.
07:53:22 PM Public Comment
Mayor Krauss opened public comment.
There was no public comment.
Public Comment was closed.
07:53:39 PM Motion that having considered the information presented by staff, I
hereby move to authorize the Mayor to approve Resolution No. 4324, adopting the
recommendations of the Joint Advisory Committee, established to Explore Gallatin
County and City of Bozeman Cooperation on Joint Improvements at the Law and
Justice Center Campus.
Deputy Mayor- Carson Taylor: Motion
Commissioner- Chris Mehl: 2nd
07:54:55 PM Commission Discussion on the Motion
Commissioner Mehl talked about what was discussed during the joint meeting this
morning for the task force.
Friendly Amendment that the task force continue from a city side.
Commissioner Mehl stated a Friendly Amendment in which Deputy Mayor Taylor agreed
to.
Continued Commission Discussion
Commissioner Mehl stated that education about the process and cost will be discussed
and provided throughout the process.
Commissioner Pomeroy hopes that this is passed by the voters.
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July 13,2015 City Commission Minutes
Mayor Krauss wants to get this in front of the voters by 2016. He will follow through
with the voters and do his best to educate and attend all meetings going forward.
08:00:38 PM Vote that having considered the information presented by staff, I hereby
move to authorize the Mayor to approve Resolution No. 4324, adopting the
recommendations of the Joint Advisory Committee, established to Explore Gallatin
County and City of Bozeman Cooperation on Joint Improvements at the Law and
Justice Center Campus with the Friendly Amendment that the task force continue from
a city side.
Deputy Mayor - Carson Taylor: Motion
Commissioner- Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner-I-Ho Pomeroy Approve
08:01:11 PM- Commission Break
Mayor Krauss called for a 15 min break.
08:13:42 PM Meeting called back in session
5. 08:14:11 PM Discussion regarding Demolition in Neighborhood
Conservation Overlay District; Use of Deviations and/or Variances;
Revisions to Approved Projects; and, Options for enforcement under the
Chapter 38, Unified Development Code and Chapter 10, Buildings and
Building Regulations, BMC. (Thomas/Saunders/Risk)
08:15:15 PM Staff Presentation
Community Development Director Thomas went over the Neighborhood Conservation
Overlay District. Areas' concerning Inventory (Structures/Evolution of Downtown),
Demolition (Policy Discussion /Improved Process), Deviations and Variances was also
discussed. It was asked if the commissioners want to ask questions on certain parts of the
presentation section by section before continuing with the staff presentation.
08:22:40 PM Commission questions for Staff
Mayor Krauss and Deputy Mayor Taylor asked about the demolition recognition in the
code and asked if there would be a task force approach to the current plan and future
proposals. Director Thomas addressed these concerns in detail. Chris Saunders answered
questions as well. Commissioner Andrus asked about feedback and also asked for ideas
for the certificate of appropriateness. Commissioner Pomeroy asked about determination
of how a home is considered historic to which Director Thomas answered in detail.
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July 13,2015 City Commission Minutes
Commissioner Mehl asked for clarification of properties on the map.
08:39:14 PM Staff Presentation continued
Director Thomas disclosed the differences between a deviation and variance. A deviation
provides flexibility within the code. A variance provides relief due to sight constraints.
Director Thomas went into details about the rehabilitation of the structure and the extent
regarding homes located in the historic district. The project process was discussed in
detail and how they would affect planning,building, and construction.
08:48:05 PM Commission questions for Staff
Deputy Mayor Taylor asked if variances could be defined in a better way, to which the
city attorney clarified what the terms means from a legal stand point. Director Thomas
went on to state that deviations are a complicated issue and discussed further the reasons
why and the steps that could be taken by the commission. Mayor Krauss further
discussed what deviations meant per the definition given by Director Thomas. Intent and
purpose was also discussed in detail as it is applied to advancing historic preservation.
Expansion of use was discussed as well as conservation overlay. Infill deviation, and
variances were also discussed in great detail with many question and answers given.
09:23:38 PM Staff presentation continued.
Director Thomas went into detail about challenges of revisions to approved plans.
Enforcement of development, enforcement codes, and penalty provisions was discussed.
09:28:02 PM Commission questions for Staff
Commissioner Andrus asked about how after the fact permit fees are assessed. Deputy
Mayor Taylor asked how unauthorized changes can be avoided. Commissioner Mehl
asked about coordination between staff and the commission. These questions and more
were answered by Director Thomas.
09:40:05 PM Public Comment
Mayor Krauss opened public comment.
09:40:39 PM Brain Caldwell-Public Comment
Brian Caldwell talked about codification and the interpretation of what a deviation means
per the way that he understood it. Comments that the Commission gave about the overlay
district is agreed upon but Brian felt that it was important the deviations were brought to
what they were in the past.
09:45:00 PM Dave Chambers-Public Comment
Mr. Chambers suggested that the inter neighborhood council be a part of the consultation
and felt that communication and coordination would solve problems with projects as seen
in the past with the brewery wall.
09:47:02 PM Public Comment Response
Mayor Krauss responded to public comment concerns and asked if there were other
public comment.
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Aly 13,2015 City Commission Minutes
09:48:25 PM-Jason Delmue-Public Comment
Mr. Delmue stated that per his understanding, the Growth Policy in 2009 was enacted
(also known as the Bozeman Community Plan now). The Montana Code stated that the
planning department needed to stay updated. This code was used extensively concerning
deviations, new lots and pre-existing structures. Mr. Delmue stated that per his
perspective now no public input was is allowed or considered, which was not the case in
the past. He was discouraged by the way that the process is going without public input.
09:53:03 PM Mayor Krauss asked questions of the public commenter to which Jason
Delmue responded.
09:56:34 PM Public Comment Closed.
09:56:51 PM Commission Discussion
Mayor Krauss asks what's stopping staff from utilizing the tools they have. Deputy
Mayor Taylor gave his thoughts on prevention, education, and compliance as a goal.
I. 09:59:54 PM FYI/Discussion
The history of the airport and foresight was discussed.
J. 10:01:10 PM Adjournment
Mayor Krauss Adjourned the Meeting at 10:1OPM.
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