HomeMy WebLinkAbout04-18-16 City Commission MinutesTHE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Commissioner -Jeff Krauss: Present Mayor -Carson Taylor: Present Commissioner -Chris Mehl: Present Deputy Mayor -Cynthia Andrus: Present Commissioner -I-Ho Pomeroy: Present Monday, April 18, 2016 Staff Present: City Manager Chris Kukulski, Assistant City Manager, Chuck Winn, Assistant City Attorney, Karen Stambaugh, Assistant City Attorney Tim Cooper, and Deputy/Interim City Clerk Pearl Micha Ison A. 06:01:05 PM Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:01 PM. B. 06:01:14 PM Pledge of Allegiance and a Moment of Silence C. 06:02:47 PM Changes to the Agenda • City Manager Chris Kukulski stated that action item 4 would be removed and moved to a later date. • 06:03:37 PM Mayoral Proclamation Shakespeare's 400's Birthday. Mayor Taylor presented his Mayoral Proclamation on Shakespeare's 400th Birthday. D. 06:05:06 PM Minutes 1. Approve the Combined City Commission Minutes from March 28 and 29, 2016 and User Access as Submitted. ~ Commissioner -I-Ho Pomeroy: Motion Commissioner -Jeff Krauss: 2nd Commissioner -Jeff Krauss: Approve Page 1 of 13
April 18, 2016 City Commission Meeting Minutes Mayor -Carson Taylor: Approve Commissioner-Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve E. 06:05:42 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) ~~ 2. Final Adoption of Ordinance 1940 Granting Crash Investigators the Necessary Authority to Perform Their Function (Mclane) ~~ 3. Final Adoption of Ordinance 1941-An Ordinance Ratifying the City Manager Signature on a Purchase and Sale Agreement Transferring Ownership of the North Park Property to Micropolitan Ent., LLC and Powder River Comp., LLC. (Fontenot) ru~ 4. Northwestern Energy Customer Agreement -Improve Electric Service to Story Mill Landfill (Hixson) ~~ 5. State of Montana and Federal Emergency Management Agency Pre-Disaster Mitigation Grant Notice of Intent: City of Bozeman Sourdough Creek Municipal Watershed Aquifer Storage and Recovery/Flood Diversion and Storage Assessment and Pilot Project (Leoniak) ~~ 6. Letter Requesting Technical Assistance to The Trust for Public Land (Poissant)~~ 06:06:14 PM City Manager Chris Kukulski gave a brief overview of consent items 1-6. 06:06:37 PM Public Comment Mayor Taylor opened Public Comment There was no public comment Public comment was closed. 06:06:49 PM Motion and Vote to approve Consent Items 1-6 as submitted. Commissioner -Jeff Krauss: Motion Commissioner -Chris Mehl: 2nd Commissioner -Jeff Krauss: Approve Mayor -Carson Taylor: Approve Commissioner -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve F. 06:07:31 PM Public Comment Mayor Taylor opened Public Comment There was no public comment Public comment was closed. Page 2 of 13
April 18, 2016 City Commission Meeting Minutes G. 06:09:39 PM Mayoral Proclamation 1. 06:10:01 PM Mayoral Proclamation on Equal Pay (Taylor) Mayor Taylor read the equal pay proclamation. ~<=i H. Special Presentation 1. 06:12:37 PM City Progress Report on Equal Pay (Jorgenson/Kukulski) City Manager, Chris Kukulski presented the City Progress Report on Equal Pay in the City. A little over a year ago a software system was put into place in order to highlight any gender bias data. Analysis showed difference in position length of time on the job, education and experience, as well as collective bargaining. All positions based on these factors had shown to be equal and consistent with the opportunities for pay increases and on the job training. The city had made changes with the goal to increase diversity at the national level as well as targeted to target more diversity between Police, Fire, Public Works and Library. Gender diversity perceptions have been improved upon this year. More reports to forecast future trends were in work. ~<=i 06:18:48 PM Questions for Staff Mayor Taylor asked if there were questions for staff. There were no questions for staff. 06:20:08 PM Melissa Herron Representative to the Bozeman business of Professional Women talked about Woman's hard work in comparison to men's hard work in regard to equal pay. Jasera Rosendahl talked about Montana women in the workplace and the differences between men and women equal pay. The history of equal pay was discussed as well as the State of Montana and how it ranks with the nation on Equal Pay. 2. 06:24:44 PM Bozeman Area Bicycle Advisory Board (BABAB) Presentation to the City Commission About what has Been Happening Since the Last Presentation in 2012 (Van Delinder) ~<=i 06:24:53 PM Dillon Warren and Rebecca Gleason gave a presentation on the Bozeman Area Bicycle Advisory Board. Annual bike counts, bike to work week, and bike ambassadors was discussed. High School Driver's Education was discussed as well as bike safety as well as infrastructure improvements. The future of the Bozeman Area Bicycle Review Board was discussed as well. The board requested a minimum grid, to get people where they need to go as well as a coordinator who can help facilitate areas where people can use their bikes. Specific goals within the Bike Board Master Plan were discussed. 06:43:24 PM Questions for the Presenter Cr. Mehl asked the board for a prioritization schedule from the Bike Board and also requested clarification on paint on the streets and asked if there were other cities that they were aware of that did this through a city sales tax to which Rebecca Gleason responded in detail. Page 3 of 13
April 18, 2016 City Commission Meeting Minutes Mayor Taylor asked if the board looked at matching funds for the position that they requested for the board. 3. 06:49:41 PM Asset management (Henderson) Director of Public Works, Craig Woolard talked about the significant progress that GIS had made in their department. Jon Henderson, GIS Manager talked about asset inventory, investments in technology, trends and relationships in database integrations that help make the city function was discussed such as pipe inspections, hydraulic modeling, fleet tracking, work orders and public access. Existing work orders, work orders in the process and in the future was discussed. Data driven decisions such as operations, risks, criticality, deferred maintenance, transportation management and water conservation was also discussed. 07:03:19 PM Questions for Staff Cr. Mehl asked how GIS would move out of public works into a broader spectrum in the future as well as trends and what a coordinated effort with economic development might mean to which staff responded in detail. 07:09:01 PM Break Mayor Taylor called for a break until 20 after 7PM 07:21:24 PM Meeting Resumed. Mayor Taylor called the meeting back to order at 7:21PM. I. Action Items 1. 07:22:04 PM A Preliminary Plat Application to Subdivide 4.104 Acres into 18 Single Household Residential Lots One (1) Common Open Space Lot and One (1) Park With the Extension of West Villard Street and Improvements to Valley Drive. (Rogers) ~ ·~ 07:22:09 PM Staff presentation Tom Rogers, Associate Planner gave a presentation on the Pine Meadow Preliminary Plat. 17 additional lots would be created. This property was annex on February 3, 2013. Shawn Kohtz talked about proposed changes to valley drive were discussed as well as the zoning descriptions between the differentiating R zones. Parkland dedications and improvements in lieu were discussed briefly. The following was also discussed by staff; public comment, raw land dedication, and recommendations from planning board. Neighborhood density surrounding neighborhoods (Fowler place, Harvest Creek, Valley Meadows, Pine Meadows, Smith Subdivision, and North Meadow subdivision (specifically Michael grove) as well as the implications. Proportionate share of infrastructure costs per lot Page 4 of 13
April 18, 2016 City Commission Meeting Minutes upon annexation, impact fees, other existing paybacks cash-in-lieu of water rights, and finance costs per month for 20 years was discussed as well. 07:37:02 PM Questions for staff Deputy Mayor Andrus asked about the water, sewer, as well as layout. Changes to R-1 zoning minimum or maximum zoning was asked about as well to which staff responded in detail. Cr. Pomeroy asked staff to verify if valley road would be paved. Cr. Mehl asked about parkland frontage, specifically why the dimensions were satisfactory. Trees, sidewalks, and other roadside concerns were also asked and discussed in detail with staff. Mayor Taylor asked about calculations financially and asked about the average tax increase between the city and county if that was looked at which staff responded that had not been looked into yet. Water and sewer mains were asked about and discussed as well. 07:45:33 PM Applicant Presentation Joe Horner, developer gave a brief statement on planning the subdivision. Easement and annexation agreements, residents in R-1 zoning was discussed. After attempting to work with residence in the two subdivisions, there was continued confusion and a request by residence to revise the initial agreement. The developer discussed accommodating proposed changes. Rob Pertzborn of lntrinsik talked about subdivision covenants, proposed development plans, and clarified that no one was pushing the cost of development to residence. The conditions mitigated the impacts and stated that it should be noted that conditions to protect neighbors from a storm water runoff were already in place. Traffic controls was discussed as well. 07:51:39 PM Discussion Continued Deputy Mayor Andrus asked about parkland and if making lots smaller was considered to which Rob Pertzborn responded. Mayor Taylor asked how far lot lines were from the homes. Cr. Krauss asked about the breakdown of the costs. 07:54:02 PM Public Comment Mayor Taylor opened public comment 07:54:15 PM Greg Kenchie, Public Comment Greg Kenchie stated that he opposed the application because he was against having 18 homes across from the subdivision. He had stated that they requested 12 homes instead and had met with the attorney representative to try and work with the developer. They were appreciative of those working with the Smith subdivision however, was wary about the lots proposed by the applicant per the density and lot size. Other concerns were discussed in detail. 07:57:39 PM Gill Silver, Public Comment Mr. Silver stated that proposed density of 5.2 acres per home, was not compatible with the current structure of the subdivision. A variance was requested for 12 instead of 18 homes. Flooding was discussed Page 5 of 13
April 18, 2016 City Commission Meeting Minutes as well as curbs and gutter run off in detail. Due to these reasons, the road plan. 08:00:46 PM CindyKenchie, Public Comment Cindy opposed the applicant request due to the cost and taxes. 08:02:25 PM Carolyn Powell, Public Comment Stated that she had been a resident for 43 years and that there were discrepancies' with the costs. Variances were discussed as well as covenants in detail. Taxes, water fees, tree fees, and increase in homes were discussed in detail. Discussions with the applicant were discussed as well. Ms. Powell asked the commission to consider tabling this particular application. 08:06:20 PM Rachel Sylvie, Public Comment Mrs. Sylvie asked about a variance to 12 lots as well as the changing demographics of Bozeman. 08:08:40 PM Jessie Grammer, Public Comment Jessie stated that this new development was subjected to the existing subdivision's covenants. The growth policy was discussed, infill, compatibility with the adjacent development as well as maintaining neighborhood character and scale and context. Density and housing affordability was discussed as well in detail. Due to these concerns, rejection of the proposed application was requested. 08:14:02 PM Applicant Response The applicant stated that when he responded that his willingness to be open was to inform residence and stated that he shared information in good faith and unfortunately it was not well received as he would have hoped and apologized to the residence for the misunderstanding. 08:16:25 PM Attorney for the Developers The attorney gave background information on the lot size. She stated that other residential zones needed to also be considered when it came to compatibility. 08:18:31 PM Questions for Rebuttal Cr. Krauss asked if any variances were being requested to which the attorney stated there were not Deputy Mayor Andrus asked staff to clarify density and lot size/information to which staff responded how density was calculated. Clarification about the numbers (cost) provided to residence and presented earlier was asked to which staff responded in detail. Cr. Mehl asked staff to clarify what numbers were presented to the residence of Valley Drive. It was also asked if staff was willing to go through the cost again with the residence or wait for the commission to make a decision to which staff responded. Craig Woolard, Director of Public works, gave his reasoning to why he felt the commission should act on this application tonight in detail. Mayor Taylor asked how much money would be added to the current cost if sidewalks, curbs, and gutters were added, clarification about who would be ultimately responsible was also discussed. Page 6 of 13
April 18, 2016 City Commission Meeting Minutes 08:31:50 PM Public Comment Mayor Taylor closed public comment 08:31:55 PM Motion on parkland 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/or application 16041 and move to approve the Pine Meadow Park Plan, improvements in-lieu with conditions and subject to all applicable code provisions. Commissioner -Chris Mehl: Motion Deputy Mayor -Cynthia Andrus: 2nd 08:32:53 PM Discussion Cr. Mehl stated that the two advisory boards felt that the area and parkland being added was sufficient. Cr. Krauss stated that he appreciated the efforts of the developer to connect everything coherently. Cr. Pomeroy stated that it was good to have a park in the neighborhood. Mayor Taylor stated that he appreciated the park as well. 08:35:20 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 16041 and move to approve the Pine Meadow Park Plan, improvements in-lieu with conditions and subject to all applicable code provisions. Commissioner -Chris Mehl: Motion Deputy Mayor -Cynthia Andrus: 2nd Commissioner -Jeff Krauss: Approve Mayor -Carson Taylor: Approve Commissioner -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve 08:35:23 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 16041 and move to approve the Pine Meadow Major Subdivision with conditions and subject to all applicable code provisions. Commissioner -Chris Mehl: Motion Deputy Mayor -Cynthia Andrus: 2nd 08:35:38 PM Discussion Cr. Mehl stated that this was the main motion and that he was in agreement with what was in the staff report. He also felt that the conditions were thorough and the city was expanding. The growth policy talked about infill, density and sustainability for the city and felt that the applicant was trying to meld all Page 7 of 13
April 18, 2016 City Commission Meeting Minutes those policies together. Density was discussed and surrounding zoning. Deputy Mayor Andrus stated that she spent time listening to prior testimony to ask the commission to reduce the density and zoning in 2013 had not changed and clarified that getting a variance was always available should the developerwantto request it. The affordability of the homes in the area also discussed and other reasons why she supported this application. Cr. Pomeroy stated that we needed more affordable housing so she supported this motion though wished for clearer communication between all parties in the future. Cr. Krauss stated that the city required a lot of things that contributed to the affordability of a home once annexed in. Density to the east, lot size, and zoning designation was discussed. Clarification of what additional density would mean in the city compared to what currently existed was discussed as well. Mayor Taylor stated that the commission did attempt to meet the needs of the residence based on the zoning. Lot size, covenants, and public comment was discussed in detail. Taking advantage of the developers cost was something that the Mayor thought should be considered. Cr. Krauss talked about how infrastructure requirements were determined for informative purposes and why they were building half a road. 08:56:10 PM Vote on the main 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/or application 16041 and move to approve the Pine Meadow Major Subdivision with conditions and subject to all applicable code provisions. Commissioner -Chris Mehl: Motion Deputy Mayor -Cynthia Andrus: 2nd Commissioner -Jeff Krauss: Approve Mayor -Carson Taylor: Approve Commissioner -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve 2. 08:56:54 PM A Combined Commercial Certificate of Appropriateness {CCOA) And Conditional Use Permit (CUP) Application was Submitted to The Planning Division of Bozeman Department of Community Development Requesting the Addition of an Exterior Patio Serving Area Located West of The Existing Building Addressed At 105 West Main Street Which is Within The B-3 (Central Business) Zoning District. (Brekke) ~~ 08:56:56 PM Staff presentation Associate planner, Allyson Brekke introduced her staff report into the public record and gave a brief presentation on the combined commercial certificate of appropriateness (ccoa) and conditional use permit (cup) application was submitted to the planning division of bozeman department of community development requesting the addition of an exterior patio serving area located west of the existing building Page 8 of 13
April 18, 2016 City Commission Meeting Minutes addressed at 105 west main street which is within the b-3 (central business) zoning district. 09:00:37 PM Questions of Staff Cr. Pomeroy asked for clarification on page 9 of 18 of the staff report and asked specifically how would the fire escape and utility access work concerning adequate egress to which staff responded. Cr. Mehl asked for clarification on the stated significance referenced in the staff materials and asked if discussion about the basement changes were in the staff report to which staff responded. Deputy Mayor Andrus asked if the basement was on the east side of the building and if it was going to be used as a place where alcohol would be served. Staff responded that it was addressed in the applicant materials. 09:07:04 PM Applicant Applicant Rob Pertzborn, of lntrinsik addressed concerns of the basement that the commission had talked about during the discussion period. 09:08:27 PM Cr. Mehl asked why this was in the staff report and asked if the applicant reviewed with the conditions and were okay with them to which the applicant responded that they did. It was also asked if the applicant was okay with the adjusted required space to which the applicant stated that they were also okay with that. Deputy Mayor Andrus asked if sidewalk, curb, issues were resolved to the applicant's satisfaction, to applicants satisfaction which the applicant responded that he did. 09:10:22 PM Public Comment Mayor Taylor opened Public Comment There was no public comment Public comment was closed. 09:10:29 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 15447 and move to approve the Baxter Hotel Patio Addition On-Premises Consumption Commercial Certificate of Appropriateness and Conditional Use Permit with conditions of approval and subject to all applicable code provisions. Deputy Mayor -Cynthia Andrus: Motion Commissioner-I-Ho Pomeroy: 2nd 09:11:01 PM Discussion Deputy Mayor Andrus stated that she would support this application and gave reasons why Cr. Pomeroy also stated that she would support this motion and gave reasons why Cr. Mehl stated that he would support this as well and gave reasons why. Page 9 of 13
April 18, 2016 City Commission Meeting Minutes 09:12:37 PM Vote on the main 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 15447 and move to approve the Baxter Hotel Patio Addition On-Premises Consumption Commercial Certificate of Appropriateness and Conditional Use Permit with conditions of approval and subject to all applicable code provisions. Deputy Mayor -Cynthia Andrus: Motion Commissioner -I-Ho Pomeroy: 2nd Commissioner -Jeff Krauss: Approve Mayor -Carson Taylor: Approve Commissioner -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve 3. 09:13:32 PM Four Points Phase II Major Subdivision Preliminary Plat to Allow the Subdivision of Two lots of Approximately 36.1 Acres into Twelve Lots for Multi-Household Development One Parkland Corridor Lot and Associated Streets and Infrastructure Located Southwest of the Intersection of Davis Lane and Cattail Street, Application 15526 (Quasi-Judicial) (Krueger) ~~ 09:13:34 PM Staff presentation Brain Kruger gave a brief presentation on four points phase ii major subdivision preliminary plat to allow the subdivision of two lots of approximately 36.1 acres into twelve lots for multi-household development one parkland corridor lot and associated streets and infrastructure located southwest ofthe intersection of Davis lane and cattail street, application 15526. Commercial node R-4 area to the north was discussed in that area as well as parkland in that area 50 ft wide. Conditions of approval related to provide secondary access to lots on Cattail was discussed briefly. Public comment on noticing was discussed and addressed. No other public comment was received. The development review board recommended approving this application with the conditions provided in the staff report 09:21:44 PM Questions of Staff Cr. Krauss asked if there was a slide that showed the connections of pedestrian and bike access to which staff responded. Trails north, south, east and west were inquired about as well. Deputy Mayor Andrus asked about deed restrictions and asked about wetland concerns. 09:28:30 PM Robert Clark, Madison Engineer-Applicant Stated that they worked closely with staff, planning, engineering and the wetlands board. The majority of work was done during phase 1. Conditions of approval were accepted. 09:29:43 PM Questions of Applicant Page 10 of 13
April 18, 2016 City Commission Meeting Minutes Cr. Pomeroy asked the applicant to clarify the concerns received via public comment which the applicant did address. 09:31:50 PM Public Comment Mayor Taylor opened Public Comment There was no public comment Public comment was closed. 09:32:14 PM Motion on Parkland: 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 15526 and move to approve the Four Points Phase II Park Plan with conditions and subject to all applicable code provisions. Commissioner -I-Ho Pomeroy: Motion Commissioner -Jeff Krauss: 2nd 09:32:41 PM Discussion Cr. Pomeroy stated that she was glad that we have are trails and parks and she was supporting this application. Cr. Mehl stated that they met the requirement through a linier park and that this would be a good addition to the park system. 09:33:25 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 15526 and move to approve the Four Points Phase II Park Plan with conditions and subject to all applicable code provisions. Commissioner -I-Ho Pomeroy: Motion Commissioner -Jeff Krauss: 2nd Commissioner -Jeff Krauss: Approve Mayor -Carson Taylor: Approve Commissioner -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve 09:33:49 PM Motion that having reviewed and considered the application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 15526 and move to approve the preliminary plat with conditions and subject to all applicable code provisions. Commissioner -I-Ho Pomeroy: Motion Commissioner -Jeff Krauss: 2nd Page 11 of 13
April 18, 2016 City Commission Meeting Minutes 09:34:09 PM Discussion Cr. Pomeroy briefly stated that she supported it and gave reasons why. Cr. Mehl stated that they met the review criteria. Deputy Mayor Andrus asked if the commission would be receiving the same material again. 4. Ordinance 1939 /\n /\greement to E>cchange Land with Help Center Inc. (Poissant) *Moved to a later date* ~~ C9Rsider the metieR; Heving conducted e public heering on the ordinence, considered staffs recoff/fflendetion es ·11e!! es written end spoken public testffflon,•, the content of Ordfnence 1939 end findings erticu!eted b1• the Cofflfflfssion during dfsrnssfon, ! hereby fflO'.fe to proYfsione!!y edopt Ordinence 1939 euthorieing the City Meneger's signeture, upon (}Xpiretion af the 30 dey effective period, on the Agreefflent to EJfChenge Lend end on the subdivision eJ<efflption quit c!eiffl deed (Attechfflents, A Bl, B2, end C} end closing pepenvork to CJ<chenge pr:operty with He!p Center, !nc. J. 09:35:15 PM FYI/Discussion This Thursday 4:30-6:30 at the Stadium Club Kagy public meeting Domestic Violence at 6pm tomorrow in the Commission Room. K. 09:37:27 PM Adjournment Mayor Taylor Adjourned the Meeting at 09:27PM Carson Taylor Mayor PREPARED BY: Page 12 of 13
April 18, 2016 City Commission Meeting Minutes Pearl Michalson Deputy City Clerk Approved on: _ ...... l) ..... l"'""~'"-=---~"""~=-+-I _.'.la"""'""~\ ..... ~~--Page 13 of 13