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HomeMy WebLinkAbout07-20-2015 Archive City Commission Minutes R'�og BOZ�`�t THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, July 20,2015 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 City Clerk Stacy Ulmen. - A. 06:00:16 PM Call to Order—6:00 p.m. —Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6 p.m. B. 06:00:21 PM Pledge of Allegiance and a Moment of Silence C. 06:01:15 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated there were no changes. D. 06:01:22 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2. Authorize the City Manager to sign a Letter of Support in regards to Homeword and GMD Development LLC's request for a Letter of Support from the City to the Montana Board of Housing (Low Income Housing Tax Credit Program) for the Property located the North of Manzanita Drive between 12th and 14th Avenues (Thomas) 3. Final Plat Application for Southbridge Phase 4 Subdivision, Application P 15260 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 (Rogers) 4. Findings of Fact and Order for the Kaiser Minor Subdivision Preliminary Plat, Application P15015 (Rogers) Page 1 of 11 July 20,2015 Bozeman City Commission Meeting Minutes 06:01:25 PM City Manager overview. City Manager Chris Kukulski gave an overview of each Consent Item. 06:01:56 PM Public Comment on the Consent items. Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 06:02:17 PM Motion and Vote to approve Consent Items 1-4 as submitted. Commissioner- Cynthia Andrus: Motion Commissioner- Chris Mehl: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Ta lor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve E. 06:02:38 PM Public Comment Mayor Krauss opened public comment. 06:03:07 PM John Teady,Public Comment Mr. Teady spoke in regards to weed management and handed around a list of Montana Statewide Noxious Weed Priorities. 06:07:12 PM Terry Quatraro,Public Comment Ms. Quatraro spoke regarding the Staff memo about the Board Analysis from a prior meeting. She spoke regarding the City decision about the Beautification Board and that they were not contacted about it. This was a negative impact on the Board and Citizen members. She spoke regarding the Beautification Board's purpose and Clean-up day. 06:12:46 PM Public Comment closed Mayor Krauss closed public comment. F. 06:12:58 PM Special Presentations 1. 06:13:00 PM Dissertation Presentation where the City of Bozeman was featured in a Study of a Comprehensive Ethics Program (CEP) within a Municipal Government 5 years after Implementation (Betsy Webb, MSU Professional Development and Training Manager) Ms. Webb gave the presentation regarding her dissertation. Bozeman is unique because the City conducts ethics training annually. Page 2 of 11 July 20,2015 Bozeman City Commission Meeting Minutes 06:29:27 PM Commission questions for Ms. Webb The Commission and Ms. Webb discussed how to handle the fear of retaliation and when to address this and possible recommendations. Ms. Webb spoke regarding needing to analyze and review the data and committed to the Commission that she will get this to them. The Commission and Ms. Webb discussed the Board members that still need to do the training, reporting, the perception of ethics, and how to keep the culture of discussion amongst staff, continuing to make this better and make a safe place to discuss concerns. 2. 06:37:13 PM Round Table Meeting with the Cemetery Citizen Advisory Board to discuss the Board's Goals and Current Projects (Commission& Cemetery Board) 06:40:15 PM Commission and Board Discussion Cr. Andrus thanked the Cemetery Board for their hard work and she introduced the members. Cr. Andrus stated that we have a tremendous cemetery in the state and it is because of the effort of this Board. In the past, roles that were not typical were sent to the Board for their opinion. As the City has changed some of those roles are covered by staff so that the Board can focus on the cemetery. She spoke regarding the Veteran's cemetery and the columbarium. The Board and Commission discussed communications and misunderstanding and the Board now knows what their role is and they are ready to move forward. They would like direction from the City Commission as to what they would like. They would like to move forward with the Veteran's cemetery and spoke regarding the work that needs to be done at the Memorial garden, maintaining the trees and continuance of adding trees and the need for water. There is a need for another columbarium as the first one is half full as well as the need for conducting another master plan for the cemetery, and the need to work with the Park and Recreation board. The Commission and Board discussed the evolving nature of the Board and that it once was an administrative board, the capital needs of the cemetery and that the Commission needs to see them more, interference of the recreation uses around the cemetery, the need to just be mindful of events and that big events on days of burials, the need for passive recreation to be reviewed on a regular basis, the hospital encroaching on the buffer zone, the fear of losing the land to a permanent recreation use, the future burials, past issues including Sweet Pea, capital expenses for finishing the Memorial garden, the staff s approach of phasing the improvements, the update on the Veteran's cemetery, communications with other government sectors, other locations of Veteran's cemeteries in the State, maintenance of the Veteran's wall, recent vandalism on the wall, and the future irrigation of the Cemetery and Lindley Park. 07:25:02 PM Public Comment Mayor Krauss opened public comment. 07:25:08 PM Len Albright,Public Comment Mr. Albright spoke in support of creating a Veteran's Cemetery. Page 3 of 11 July 20,2015 Bozeman City Commission Meeting Mimrtes 07:30:46 PM George Morales,Public Comment Mr. Moralis wondered if the City Commission has to formally approve their support of the Veteran's Cemetery. 07:32:29 PM Public Comment closed Mayor Krauss closed public comment. 07:32:47 PM Staff follow up Parks and Recreation Director Mitch Overton stated that the design of the Cemetery is in the budget and that he has received feedback from the Commission to proceed with the Veteran's cemetery. 07:40:58 PM Break Mayor Krauss called for a Break G. 08:02:04 PM Action Items 1. 08:02:08 PM A Sketch Plan Certificate of Appropriateness with Deviation Request to enable the Construction of an Addition in the Rear Yard of the Residence located at 43.9 North Black Avenue, Mistretta Addition Application 15093 (Quasi-Judicial) (Kramer) 08:02:11 PM Staff Presentation Staff Planner Courtney Kramer gave the staff presentation for a Sketch Plan Certificate of Appropriateness with Deviation Request to enable the Construction of an Addition in the Rear Yard of the Residence located at 439 North Black Avenue, Mistretta Addition Application 15093. 08:07:17 PM Commission questions for Staff The Commission and Staff discussed the value of the tear down and how it is determined in regards to taxable value vs street values and the need to get this set in the future as there is a need to get a streamlined approach, market values, the front yard setback, the addition's appeal in regards to being complimentary but not looking historic. 08:18:43 PM Applicant Presentation The Applicant representative gave their presentation regarding the Sketch Plan Certificate of Appropriateness with Deviation Request to enable the Construction of an Addition in the Rear Yard of the Residence located at 439 North Black Avenue, Mistretta Addition Application 15093. 08:20:40 PM Commission questions for the Applicant The Commission and Applicant discussed the staff report. 08:21:40 PM Public Comment Mayor Krauss opened public comment. No person commented. Page 4 of 11 July 20,2015 Bozeman City Commission Meeting Minutes Mayor Krauss closed public comment. 08:21:48 PM Motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 15093 and move to approve the Mistretta Sketch Plan and Certificate of Appropriateness with deviation with conditions and subject to all applicable code provisions. Commissioner- Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd 08:22:29 PM Commission discussion on the motion Cr. Mehl spoke regarding the Code provisions and agrees with the Staff report. He spoke regarding the zoning. Cr. Pomeroy spoke in support and spoke about the public comment received. 08:23:15 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 15093 and move to approve the Mistretta Sketch Plan and Certificate of Appropriateness with deviation with conditions and subject to all applicable code provisions. Commissioner- Chris Mehl: 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 2. 08:23:29 PM Resolution 4322, creating the Cannery Annexation District on Properties at 101 East Oak Street located Generally Northwest of the Intersection of East Oak Street and North Rouse Avenue, Application 15268 (Krueger) 08:23:52 PM Staff Presentation Staff Planner Brian Krueger gave the staff presentation regarding Resolution 4322, creating the Cannery Annexation District on Properties at 101 East Oak Street located Generally Northwest of the Intersection of East Oak Street and North Rouse Avenue, Application 15268. 08:27:14 PM Commission questions for Staff The Commission and Staff discussed how the impact fees will work for this project. Page 5 of 11 July 20,2015 Bozeman City Commission Meeting Minutes 08:29:15 PM Applicant Presentation The Applicant representative gave their presentation regarding Resolution 4322, creating the Cannery Annexation District on Properties at 101 East Oak Street located Generally Northwest of the Intersection of East Oak Street and North Rouse Avenue, Application 15268. 08:29:42 PM Commission questions for Applicant 08:30:25 PM Public Comment. Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 08:30:32 PM Motion that having reviewed the staff report, 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 15268 and move to approve Commission Resolution 4322 to (i) create the Cannery Annexation District,, (ii) approve the Annexation District Agreement for the Cannery District Property and (iii) approve the phased annexation of the Cannery District properties pursuant to the Annexation Agreement. Commissioner- I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd 08:31:28 PM Commission discussion on the Motion 08:32:28 PM Vote on the Motion that having reviewed the staff report, 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 15268 and move to approve Commission Resolution 4322 to (i) create the Cannery Annexation District, (ii) approve the Annexation District Agreement for the Cannery District Property and (iii) approve the phased annexation of the Cannery District properties pursuant to the Annexation Agreement. Commissioner- I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deputy ayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve 3. 08:32:49 PM Provisional Adoption of Ordinance 1919 for the Cannery District Phases 1, 3 and 4 Zone Map Amendment to Establish Initial Zoning of B-2, Community Business District on 8.99 Acres at 101 East Page 6 of 11 July 20,2015 Bozeman City Commission Meeting Minutes Oak Street Located Generally Northwest of the Intersection of East Oak Street and North Rouse Avenue,Application 15268 (Krueger) 08:32:52 PM Staff Presentation Mr. Krueger gave the staff presentation regarding the Provisional Adoption of Ordinance 1919 for the Cannery District Phases 1, 3 and 4 Zone Map Amendment to Establish Initial Zoning of B-2, Community Business District on 8.99 Acres at 101 East Oak Street Located Generally Northwest of the Intersection of East Oak Street and North Rouse Avenue, Application 15268. 08:35:02 PM Applicant presentation The Applicant representative was available for questions. 08:35:08 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 08:35:18 PM Motion that having reviewed and considered the text of the ordinance, application materials, public comment, the deliberations and recommendation of the Zoning Commission at the July 7, 2015 Zoning Commission meeting, and all the information presented, I hereby adopt the findings presented in the staff report for application 15268 and move to provisionally adopt Ordinance 1919, the Cannery District Phases 1, 3 and 4 Zone Map Amendment. Deputy Mayor - Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd 08:35:50 PM Commission discussion on the Motion 08:38:02 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 the July 7, 2015 Zoning Commission meeting, and all the information presented,I hereby adopt the findings presented in the staff reportfor application 15268 and move to provisionally adopt Ordinance 1919, the Cannery District Phases 1, 3 and 4 Zone Map Amendment. Deputy Mayor- Carson Taylor: 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 Page 7of11 July 20,2015 Bozeman City Commission Meeting Minutes 4. 08:38:17 PM A Request for Annexation of 3.889 Acres and a Zone Map Amendment of the City Zoning Map for the Establishment of a Zoning Designation of B-2, Community Business, Located at 2507 and 2511 North 7th Avenue, Murdoch's Application 15240 (Saunders) 08:38:43 PM Staff presentation Policy and Planning Manager Chris Saunders gave the staff presentation regarding A Request for Annexation of 3.889 Acres and a Zone Map Amendment of the City Zoning Map for the Establishment of a Zoning Designation of B-2, Community Business, located at 2507 and 2511 North 7th Avenue, Murdoch's Application 15240. 08:41:31 PM Applicant Presentation The Applicant representative gave their presentation regarding A Request for Annexation of 3.889 Acres and a Zone Map Amendment of the City Zoning Map for the Establishment of a Zoning Designation of B-2, Community Business, Located at 2507 and 2511 North 7th Avenue, Murdoch's Application 15240. 08:44:14 PM Commission questions for Applicant. 08:44:22 PM Public Comment. Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 08:44:39 PM Commission questions The Commission and Staff discussed the location of the Tax Increment Finance District. 08:45:52 PM Motion that having reviewed and considered the staff report, application materials,public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 15240 and move to approve the Murdoch's Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Commissioner- Cynthia Andrus: Motion Commissioner- Chris Mehl: 2nd 08:46:17 PM Commission discussion Cr. Andrus stated that she is pleased they are annexing this portion into the City Cr. Mehl spoke in support and in regards to location. Cr. Pomeroy stated that this makes sense. Deputy Mayor Taylor stated that this is a great connection to the community. Mayor Krauss stated that this is a huge improvement to the entry way corridor. 08:48:07 PM Vote on the Motion that having reviewed and considered the staff report, application materials,public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 15240 and move to approve the Page 8 of 11 July 20,2015 Bozemmz City Commission Meeting Minutes Murdoch's Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. 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 08:48:20 PM Motion that having reviewed and considered the staff report, application materials,public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 15240 and move to approve the Murdoch's Zone Map Amendment with contingencies required to complete the application processing. Commissioner- Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 08:48:41 PM Discussion on the Motion Cr. Andrus stated that this makes sense and in a commercial district Mayor Krauss agrees with the staff findings 08:49:09 PM Vote on the Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 15240 and move to approve the Murdoch's Zone Map Amendment with contingencies required to complete the application processing. 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 5. 08:49:28 PM Need Hearing and Provisional Adoption of Ordinance 1913, ratifying the City Manager's signature on the Agreement of Bargain and Sale Deed between the City of Bozeman to Montana Department of Transportation to Sell and Purchase Real Estate, Parcels 4, 10 and 70 of the Rouse Avenue-Bozeman Project (Kerr) (requires an affirmative vote of four members of the five-member Bozeman City Commission) Page 9 of 11 July 20,2015 Bozeman City Commission Meeting Minutes 08:49:44 PM Staff Presentation Director Craig Woolard gave the staff presentation on the Need Hearing and Provisional Adoption of Ordinance 1913, ratifying the City Manager's signature on the Agreement of Bargain and Sale Deed between the City of Bozeman to Montana Department of Transportation to Sell and Purchase Real Estate, Parcels 4, 10 and 70 of the Rouse Avenue-Bozeman Project. 08:50:57 PM Commission questions for staff The staff and commission discussed the findings and the comp costs. 08:55:46 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 08:55:59 PM Theresa Iwanaik,MOOT Ms. Iwanaik introduced herself as the point of contact in regards to the Rouse project. She stated that 78% of the parcels are closed. 08:58:33 PM Motion that having conducted a public hearing, considered written and spoken public testimony, and based on the findings contained in this Staff memo and the content of Ordinance 1913 and findings articulated by the Commission during discussion, I hereby move to provisionally adopt Ordinance 1913, ratifying the City Manager's signature on the Agreement to Sell and Purchase Real Estate,Parcels 4, 10 and 70 of the Rouse Ave-Bozeman Project, with the Montana Department of Transportation. Commissioner- Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 09:00:04 PM Commission discussion on the Motion Discussion took place regarding complete streets. The Commission agreed with two findings that these parcels are not necessary for City business, and that this is to the benefit to the Citizens of Bozeman because this will advance a larger goal of having a working transportation system within our boundary. 09:01:15 PM Vote on the Motion that having conducted a public hearing, considered written and spoken public testimony, and based on the findings contained in this Staff memo and the content of Ordinance 1913 and findings articulated by the Commission during discussion, I hereby move to provisionally adopt Ordinance 1913, ratifying the City Manager's signature on the Agreement to Sell and Purchase Real Estate, Parcels 4, 10 and 70 of the Rouse Ave-Bozeman Project, with the Montana Department of Transportation. Commissioner - Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Page 10 of 11 July 20,2015 Bozemmi City Commission Meeting Minutes Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 6. 09:01:32 PM Appointment to the Economic Development Council (Michalson) Motion and Vote to appoint Kris Kumlien to the vacancy that expires February 1, 2018 on the Economic Development Council. Commissioner- Chris Mehl: 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 H. 09:01:51 PM FYI/Discussion Ms. Ulman spoke regarding a Municipal Cleric from the Netherlands attending the next Commission meeting The Commission discussed possibly canceling the August 10th meeting. They will make a decision on August 3`d I. 09:04:18 PM Adjournment Mayor Krauss adjourned the meeting at 9:04 p.m. Jeffrey K.Krauss Mayor A _ ATTEST: i acy Ulmen, CMC City Clerk __—PREPARED PREPARED BY: "Stacy Ulmen, CMC t City Clerk Approved on: 4t4ix` Page 11 of 11