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HomeMy WebLinkAbout05-02-16 City Commission Minutes THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,May 02,2016 Commissioner-Jeff Krauss: Present Mayor-Carson Taylor: Present Commissioner-Chris Mehl: Present Deputy Mayor-Cynthia Andrus: Present Commissioner-I-Ho Pomeroy: Present Staff Present:Assistant City Manager,Chuck Winn, City Attorney, Greg Sullivan and Deputy City Clerk, Pearl Michalson. A. 06:01:43 PM Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse. Mayor Taylor called the meeting to order at 6:01p.m. B. 06:01:47 PM Pledge of Allegiance and a Moment of Silence C. Public Service Announcements-There were no public service announcements. D. 06:02:41 PM Changes to the Agenda E. Authorize Absence—There were no absence's to authorize. F. 06:03:24 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) a 2. Granting of Utility and Access Easement to Serve Lot A,Amended Plat C-35B Block 20 Butte Addition (Kerr) n45 3. Ratify the City Engineer Signature on the Attached Task Order for Development and Testing of the Recently Installed Air Injection Wells at the Story Mill Landfill (Hixson) t� 4. Authorize the City Manager to Sign the Memoranda of Agreement for the Purchase of Easements and Temporary Construction Easements for Real Property Needed for the City to Install Improvements to Baxter Lane (Hixson) to Page 1 of 12 Bozeman City Commission Minutes,May 2,2016 06:03:49 PM Overview of Consent Items Assistant City Manager,Chuck Winn,gave an overview of consent items 1-4. 06:04:17 PM Public Comment Mayor Taylor opened public comment There was no public comment. Public Comment was closed. 06:04:21 PM Motion and Vote to approve Consent Items 1-4 as submitted. Motion passed 5-0. Deputy Mayor-Cynthia Andrus: 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 G. 06:04:47 PM Public Comment Mayor Taylor opened public comment. There was no public comment. Public Comment was closed. H. Other Public Hearing 06:06:40 PM Conduct a Public Hearing on the Agency Exemptions Requested by the Bozeman School District 7 for the Sacajawea Middle School Upgrade and Expansion Site Plan Application 16113(Brekke) n4j 06:07:10 PM Staff Presentation Allyson Brekke, City Planner gave a brief presentation 06:11:38 PM Questions of Staff Cr. Mehl asked staff about flexibility on the shared use path,fire lanes, parking and Cr. Pomeroy asked for clarification of proposed use and the commission's authority to which the city attorney clarified that the commission doesn't have the power to force the applicant to do something differently. DM Andrus, sidewalk exemption clarification was requested of staff. The improvement of south third and the timeline was discussed my public works director, Craig Woolard. Page 2 of 12 Bozeman City Commission Minutes,May 2,2016 Cr. Krauss asked how far the shared use path would go in regards to Blackwood Road.A question about where the setback encroachment would work. Mayor Taylor asked about the bus access 06:25:35 PM Questions for Applicant Todd Swinehart, BSD7 representative answered questions about bus drop off for Mayor Taylor Deputy Mayor Andrus asked for the reason behind the shared use path. Cr. Mehl asked about the interlocal agreement and asked for clarification on emphasis on walking or biking to school.An exemption discussion with the board and this bike path was discussed. Mr.Swinehart talked about working with Park and Rec concerning walking and biking to school. Cr. Mehl asked about installing sidewalk panels. Mayor Taylor asked about a door on the trash to which the applicant responded. 06:34:50 PM Public Comment Mayor Taylor opened public comment 06:34:58 PM Glenn Manahan Public Comment Mr. Manahan stated that as a biker in the afternoon, parents are parking in the bike lane when they come to pick up their kids as well as doors in the bike lane. Preventing parents from encroaching on the bike lane when picking up their kids is something that should be looked at. 06:37:02 PM Public Comment Closed 06:37:18 PM Comments Cr. Krauss stated that public safety, health and welfare was important to the commission via shared use paths.A transportation levy.Shared use path as part as transportation by the school district,the commission should take a look at the street.The Cambridge intersection was discussed as well as no parking signs in order to mitigate some of the danger to bicyclists. Deputy Mayor Andrus stated that she had some concerns with the shared use path and felt that it needed to be addressed and think about people who walk and bike in terms of safety. Putting in the sidewalk was something that should be considered during the expansion of the school. Cr. Mehl stated that the school district staff should strongly re-consider the design in order to be able to include shared use paths. Mayor Taylor thanked staff for giving the public and the commission the chance to weigh in on this. 06:49:37 PM Hearing Closed 1. Action Items 1. 06:49:48 PM Final Adoption Of Ordinance 1942-A Text Amendment of the Bozeman Municipal Code to Create The R-5 (Residential Mixed-Use High Density District)and B-2M Page 3 of 12 Bozeman City Commission Minutes,May 2,2016 (Community Business-Mixed District) Zoning Districts Application 15-320 (Rogers) no 06:50:25 PM Staff presentation Tom Rogers, City Planner,gave a presentation on the Final Adoption of Ordinance 1942.Staff took that opportunity to put together a few of the ideas. Parking and how mixed use would work in a midtown district was discussed. Midtown parking requirememnts and Reductions. For example, a 24, 136sq/ft home as a three floor mixed use building would have retail parking of 300 feet would allow for 28 parking spaces. An office of 250 sq ft,would be allowed 24 parking spaces. Five residential units of 3bdrm/2 baths and 2/e would allow for 13 parking spaces for a total of 65 allotted parking spaces. Reductions were also discussed in relation to all this. 06:58:01 PM Questions for Staff Cr. Pomeroy asked about the third floor and what those requirements meant. Cr. Krauss as about commercial conditional uses compared to Permitted use Cr. Mehl asked for clarification on B-2M and uses (residential)which what should and should not be allowed to which staff responded in detail. Deputy Mayor Andrus talked about why conditional uses may be permitted and how findings may be made. Cr. Mehl asked if there would be another category to cover special use permits to which staff responded. Mayor Taylor talked Implications of the conditional use permit was discussed and wondered how a conditional use would work with a gas station. Concerns with conditional use permits were responded to by staff. 07:11:08 PM Public Comment There was no public comment. 07:11:23 PM Motion that having reviewed and considered the application materials,public comment, recommendation of the Zoning Commission, and all the information presented,and a public hearing having been held and provisional adoption of Ordinance 1942 given on April 11,2016;1 hereby finally adopt Ordinance 1942 the text amendment to create R-5(Residential High Density Mixed District)and B-210(Community Business Mixed District)zoning districts. Application 15-320. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss:2nd 07:11:54 PM Discussion Cr. Mehl stated that he was generally supported and welcomed amendments. 07:12:31 PM (01:13:08)Amendment to the Motion that in Section 20,paragraph 5, the ordinance should read that the first 3000 growth square feet of a non-residential district within B-3 or B-2M Page 4 of 12 Bozeman City Commission Minutes,May 2,2016 district is not required to provide parking. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd 07:14:28 PM* Discussion on the Amendment Cr. Krauss stated that parking should not be the first and only priority. Cr. Pomeroy supported this motion. Deputy Mayor Andrus stated that it would good to remember that when they talked about downtown she did not feel that the parking in midtown was the same since Midtown already had plenty of parking. Cr. Krauss asked staff position on the Zoning. Staff responded that dispersed parking that allowed parking on main street was talked about along with the parking facility downtown permitted shred use for commercial development in that area. In Midtown,the ability for permitted shared use was not as advanced to meet that requirement. Assistant City Manager Chuck Winn stated that the economic development department would be better to respond to this question. 07:24:02 PM Staff response Economic Development Assistant, David Fine stated on Thursday looking at right siding and sizing in Midtown would be discussed by the midtown urban renewal board and they might be able to provide additional feedback and recommendations to the commission. Cr. Mehl asked for clarification on the staff's recommendation to do a parking study on north 7tn Mayor Taylor wanted to know more about parking and was nervous that there was no parking in that area. Cr. Pomeroy,the amendment is great for businesses. 07:36:34 PM Vote on the Amendment that in Section 20,paragraph 5,the ordinance should read that the first 3000 growth square feet of a non-residential district within B-3 or B-2M district is not required to provide parking. The amendment passed 4-1. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd Commissioner-Jeff Krauss:Approve MaVor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve DeputV MaVor-CVnthia Andrus: Disapprove Commissioner-I-Ho Pomeroy:Approve 07:36:43 PM Discussion Cr. Krauss discussed potential amendments that Conditional uses are permitted with conditions as imposed by planning staff and commission. Staff talked about residential impacts and the reasoning behind some CUPs. Page 5 of 12 Bozeman City Commission Minutes,May 2,2016 Cr. Mehl was interested but not tonight. Cr. Pomeroy stated that she was interested in more study. Deputy Mayor Andrus stated that she also wanted to understand why it was conditionally approved also and what the impact would be.A more in depth discussion would be needed. Mayor Taylor stated he would be willing to have more discussion and wondered about the differences in conditional use. Cr. Krauss talked about the investment side but cautioned when businesses wanted to challenge what the conditional uses looked like and wanted to make changes. Cr. Mehl explained the voting process. DM Andrus stated that she would support the overall ordinance and clarified section 11 about the intent of B-2. Division for the public. Cr. Pomeroy gave reasons why she supported this motion. Mayor Taylor addressed issues on North 7th and how they would or would not benefit to make a difference on North 7th street. 07:59:12 PM Vote on main motion that having reviewed and considered the application materials, public comment,recommendation of the Zoning Commission, and all the information presented,and a public hearing having been held and provisional adoption of Ordinance 1942 given on April 11,2016;I hereby finally adopt Ordinance 1942 the text amendment to create R-5(Residential High Density Mixed District)and B-2M(Community Business Mixed District)zoning districts. Application 15-320. The motion passed 5-0. Commissioner-Chris Mehl: 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 07:59:20 PM Break until 8:10 PM 08:12:18 PM Meeting back in session 2. 08:13:21 PM Final Adoption of Ordinance 1943-the Midtown Zone Map Amendment to Rezone Approximately 232.6 Acres to R-5 (Residential Mixed-Use High Density District), B- 2M (Community Business District-Mixed), PLI (Public Lands and Institutions),and B-3 (Central Business District),Application 15-320(Rogers) to 08:13:36 PM Staff presentation Planner Tom Rogers presented on the final adoption of Ordinance 1943. Page 6 of 12 Bozeman City Commission Minutes,May 2,2016 08:18:44 PM Questions for staff 08:20:05 PM (02:20:42)City Attorney Cr. Pomeroy asked for clarification of the vote. Cr. Krauss just asked for clarification 08:23:24 PM Point of Order Clarification asked of the city attorney from Cr. Krauss. 08:25:13 PM Clarification of rules 08:28:29 PM Public Comment Mayor Taylor opened public comment. 08:28:36 PM Glenn Manohan,Public Comment Stated that any encroachment will impact quality of life and home value.There was no concern about what was happening but there was no reason to change to R-5 without reasons why. 08:31:03 PM Nancy Shelts,Public Comment Talked about the neighborhood and was happy when R-5 was not supported and wondered what the hurry to make these changes.The impacts on the neighborhood was something that was discussed as well. 08:32:56 PM Questions for staff Cr. Krauss asked staff if the commission was only approving the way that this was amended. 08:33:37 PM Motion that having reviewed and considered the application materials,public comment, recommendation of the Zoning Commission,and all the information presented,and a public hearing having been held and provisional adoption of Ordinance 1943 given on April 11,2016;1 hereby move to finally adopt Ordinance 1943 for a zone map amendment to rezone approximately 232.6 acres to R- 5(Residential Mixed-Use High Density District),B-2M(Community Business District-Mixed),PLI(Public Lands and Institutions),and B-3(Central Business District), application 15-320. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd 08:34:27 PM Discussion Cr. Krauss and Pomeroy supported the motion. Cr. Mehl asked for clarification. Mayor Taylor intends to vote for the motion. 08:35:11 PM Vote on the motion that having reviewed and considered the application materials, Page 7 of 12 Bozeman City Commission Minutes,May 2,2016 public comment,recommendation of the Zoning Commission,and all the information presented,and a public hearing having been held and provisional adoption of Ordinance 1943 given on April 11,2016;l hereby move to finally adopt Ordinance 1943 for a zone map amendment to rezone approximately 232.6 acres to R-5(Residential Mixed-Use High Density District), B-210(Community Business District- Mixed),PLI(Public Lands and Institutions), and B-3(Central Business District), application 15-320. Motion passed 5-0. Commissioner-Jeff Krauss: 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. 08:35:40 PM Proposed rezoning of certain properties along and south of West Lamme Street from R4 to the proposed R5 (Residential High Density Mixed Use District)which were removed from proposed rezoning at provisional adoption of Ordinance 1943 (Midtown Zone Map Amendment) (Thomas) t4a 08:35:52 PM Staff presentation Planner Tom Rogers presented the proposed rezoning of portions of West Lamme Street. 08:39:14 PM Question for Staff DM Andrus stated that we are asking the city manager to come back and amend what we have already approved. This vote was not about changing but coming back and reconsidering the motion to which the city attorney clarified what was discussed. Will there be any new information presented to the commission should this go forward. 08:45:08 PM Public Comment Mayor Taylor opened public comment. 08:45:23 PM Glenn Monahan,Public Comment Stated that there was no compelling argument as to why R-5 was needed. 08:46:12 PM Public Comment Closed 08:46:18 PM Motion to direct the City Manager to take all required steps to present the Commission with an ordinance amending the zoning of properties along and south of West Lamme Street from R4 to the proposed R5 for a public hearing to occur on Monday, May 23,2016. Page 8 of 12 Bozeman City Commission Minutes,May 2,2016 Commissioner-I-Ho Pomeroy: Motion Deputy Mayor-Cynthia Andrus: 2nd 08:46:56 PM Discussion Cr. Pomeroy stated why she supported this motion. DM Andrus stated that she was not sure that it was worth going back to re-discuss this item and would oppose the motion. Cr. Krauss stated that there was not a good reason that made him wanted to change his vote and based on that he voted for the main motion. Cr. Mehl stated that he would be supporting this and gave reasons why. Cr. Pomeroy stated that she would support this. Mayor Taylor apologized but stated that the decision wasn't made lightly and this discussion would be continued in further detail in the future. 08:54:29 PM Vote on the motion to direct the City Manager to take all required steps to present the Commission with an ordinance amending the zoning of properties along and south of West Lamme Street from R4 to the proposed R5 for a public hearing to occur on Monday, May 23,2016. Motion passed 5-0. Commissioner-I-Ho Pomeroy: 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 4. 08:54:37 PM Final Adoption of Ordinance 1944-A Text Amendment of the Bozeman Municipal Code to Revise Plan Review Provisions.Application 15-320(Rogers) %Ctj 08:55:05 PM Staff presentation Planner Tom Rogers presented on Ordinance 1944. 08:56:23 PM Questions for staff None. 08:56:35 PM Public Comment Mayor Taylor opened public comment. 08:56:42 PM Luke Howard,Public Comment Luke stated that they were in favor of revising the ordinance because it was efficient and wanted to Page 9 of 12 Bozeman City Commission Minutes,May Z 2016 clarify that this was streamlining the review process. 08:57:43 PM Public Comment Closed Mayor Taylor closed public comment. 08:57:48 PM Motion that having reviewed and considered the application materials,public comment, recommendation of the Zoning Commission,and all the information presented,and a public hearing having been held and provisional adoption of Ordinance 1944 given on April 11,2016;1 hereby finally adopt Ordinance 1944 the plan review provisions text amendment. Application 15-320. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd 08:58:11 PM Discussion DM Andrus stated that she supported this previously and gave other reasons why she supported this. 08:59:02 PM Vote on the motion that Having reviewed and considered the application materials, public comment,recommendation of the Zoning Commission,and all the information presented,and a public hearing having been held and provisional adoption of Ordinance 1944 given on April 11,2016;1 hereby finally adopt Ordinance 1944 the plan review provisions text amendment.Motion passed 4-1. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Commissioner-Jeff Krauss: Disapprove Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-I-Ho Pomeroy:Approve 5. 08:59:20 PM Final Adoption of Ordinance 1946-A Text Amendment of the Bozeman Municipal Code to Revise the Entryway Corridor.Application 15-320(Rogers) to 09:00:13 PM Staff presentation Planner Tom Rogers presented on Ordinance 1946. 09:00:35 PM Questions for staff Attorney stated that the effective date stayed the same as the text and zone map amendment. 09:01:25 PM Public Comment There was no public comment. Page 10 of 12 Bozeman City Commission Minutes,May 2,2016 09:01:31 PM Motion that having reviewed and considered the application materials,public comment, recommendation of the Zoning Commission, and all the information presented, and a public hearing having been held and provisional adoption of Ordinance 1946 given on April 11,2016;1 hereby finally adopt Ordinance 1946 modifying the Entryway Corridor text amendment. Application 15-320. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 09:01:54 PM Discussion Cr. Mehl states the intention is straight forward and he supports the motion. Cr. Pomeroy will support the motion. Mayor Taylor likes the intent. 09:03:20 PM (03:03:57) Vote on the motion that having reviewed and considered the application materials,public comment,recommendation of the Zoning Commission,and all the information presented, and a public hearing having been held and provisional adoption of Ordinance 1946 given on April 11,2016;1 hereby finally adopt Ordinance 1946 modifying the Entryway Corridor text amendment. Application 15-320. Motion passed 5-0. Commissioner-Chris Mehl: 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 J. 09:03:42 PM (03:04:19) FYI/Discussion a. Cr. Mehl requested that he'd like an updated agenda if the agenda changes. K. 09:04:57 PM Adjournment Mayor adjourned the meeting at 9:04 PM. Carson Taylor Mayor Page 11 of 12 Bozeman City Commission Minutes,May 2,2016 �j Q Ak . • 4r _ 'ACr ST: �Cf'. • •ofSih�Crough -, 1,V ca. City Clerk PREPARED BY: Pearl Michalson Deputy City Clerk Approved on: S af)l 6 Page 12 of 12