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Home My WebLink About07-25-16 City Commission Minutes G 9'L r THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,July 25,2016 *Audio and video will be out of sync.Timestamps refer to audio recording.* Deputy Mayor-Cynthia Andrus: Present Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor: Present Commissioner-Chris Mehl: Present Commissioner-I-Ho Pomeroy: Present Staff Present:Chris Kukulski, City Manager;Greg Sullivan,City Attorney; Robin Crough, City Clerk A. 05:59:54 PM (00:01:49)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:00 PM. B. 06:00:02 PM (00:01:57) Pledge of Allegiance and a Moment of Silence C. 06:01:30 PM (00:03:25)Changes to the Agenda 1. 06:01:34 PM (00:03:29)City Manager Chris Kukulski asked if he could recognize Community Development Director Wendy Thomas,as this was her last City Commission meeting before moving to Florida to join her family. Mayor Taylor expressed his confidence in Director Thomas, and expressed his appreciation. DM Andrus thanks Director Thomas for her work and wished her the best. CR Mehl said farewell. CR Pomeroy thanked her for her compassion for Affordable Housing. D. 06:05:01 PM (00:06:56)Authorize Absence—Commissioner Krauss 06:05:11 PM (00:07:06)Motion and Vote to authorize the absence of Commissioner Krauss. The motion passed 4-0. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Page 1 of 11 Bozeman City Commission Minutes,July 25,2016 Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve E. 06:05:33 PM (00:07:28) Minutes 1. Approve the Regular Meeting Minutes from April 18, May 9, and July 11, 2016,and User Access to Linked Minutes 7 a 06:05:36 PM (00:07:31)Motion and Vote to approve the regular meeting minutes from April 18,May 9,and July 11,2016, and user access to linked minutes. The motion passed 4-0. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve F. 06:06:00 PM (00:07:55)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) , 2. Authorize the City Manager to Sign the Notice of Award and Purchase Agreement with CAT Tractor and Equipment for One New Current Model Year 2016 Asphalt Paver(Van Delinder) . 3. Resolution 4703,Approving Change Order Number 1 with CK May Excavating for the Story Mill Landfill SVE/LFG Project(Hixson) 0 a 4. Provisional Adoption of Ordinance 1957, Lot 5 Annie Phase II Subdivision (Formerly Identified as Fellowship Baptist Church) Zone Map Amendment Changing Zoning on 3.492 Acres from R-3 (Residential Medium Density) District to R-4(Residential High Density) District, Location: 1480 North 27th Avenue,Application Z08075 (Owens) 7 a 5. Final Adoption of Ordinance 1955, Downtown East Main Zone Map Amendment Changing Zoning on 24.45 Acres from B-2 (Community Business) District and R-4 (High Density Residential) District to B-3 (Central Business) District and PLI (Public Lands and Institutions) District, Location: 608-777 East Main Street, 24 North Wallace Avenue, and 710-714 East Mendenhall Street,Application Number 15579 (Saunders) .a 06:06:06 PM (00:08:01) City Manager Overview City Manager Chris Kukulski provided an overview of Consent Items 1-5. Page 2 of 11 Bozeman City Commission Minutes,July 25,2016 06:07:22 PM (00:09:17) Public Comment on Consent Items 1-5. Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 06:07:38 PM (00:09:33)Motion and Vote to approve Consent Items 1-5 as submitted. The motion passed 4-0. Deputy Mayor-Cynthia Andrus: Motion Commissioner-I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve G. 06:07:57 PM (00:09:52) Public Comment Mayor Taylor opened public comment. 06:09:06 PM (00:11:01)Mack Butler,Public Comment Mr. Butler spoke in opposition of the Bozeman Hotel CUP on tonight's agenda. He asked the Commission to look at the police statements taken on downtown drinking, as there are too many bars downtown. 06:12:37 PM (00:14:32)Mary Vant Hull,Public Comment Ms.Vant Hull expressed her sympathy for the Commission in determining the payment for transportation infrastructure. She suggested the Commission consider other goals besides just fixing the failing streets,among other goals. If people get riled up they may go to the County to request a gas tax. 06:16:03 PM (00:17:58)Jackie Haines Public Comment Ms. Haines, Economic Development Director with HRDC, discussed homeless youth in Gallatin Valley. She discussed the current service delivery of the program and wanted to bring it to the Commission's attention. 06:18:28 PM (00:20:23)Erika Skinger,Public Comment Ms. Skinger again requested a review of the R-5 section of the Midtown zone change.She no longer wants to pursue this. Ms.Skinger discussed the UDC rewrite timeline and her hopes the City abides on the timeline. 06:21:36 PM (00:23:31) Public Comment Mayor Taylor closed public comment. H. 06:21:40 PM (00:23:35)Action Items 1. 06:21:46 PM (00:23:41)Continuation of Commission Discussion of Provisional Adoption of Ordinance 1954,Amending Section 10 of Ordinance 1922, Inclusionary Housing,to Page 3 of 11 Bozeman City Commission Minutes,July 25,2016 Extend the Effective Dates within the Contingencies Section of Ordinance 1922 (Thomas) 1! 06:22:07 PM (00:24:02) Procedure Mayor Taylor clarified that the discussion will be on the original motion and amendment on the table from July 18, 2016. 06:23:05 PM (00:25:00) Discussion Mayor Taylor discussed reasonable delays, and his desire to give the program a chance, but that the original ordinance dates were too far out. CR Mehl discussed the dramatic change of dates. He suggested November 12, 2017 for ii.to make the periods more even. CR Pomeroy asked for clarification on the short period of section two that CR Mehl suggested. Mayor Taylor further discussed that he was okay with CR Mehl's suggestion. CR Pomeroy thought 5 months for 13 more houses was too short. CR Mehl disagreed and stated it was reasonable. CR Pomeroy asked what if the difference between 3 and 5 months was significant. Mayor Taylor expects that the new proposed timeline will work since many houses are already underway. 06:35:36 PM (00:37:31)Friendly Amendment to the underlying amendment, changing section ii,from September 12,2017 to November 12,2017. 06:36:04 PM (00:37:59) City Attorney Clarification of Procedure City Attorney Sullivan stated that the friendly amendment can modify the original amendment. 06:36:31 PM (00:38:26) Vote on the amendment,made and seconded on Monday,July 18,2016,with the friendly amendment made Monday,July 25,2016, that i.If less than 14(fourteen)affordable homes,as defined in Section 2 of this Ordinance, are constructed and sold as single household detached dwellings or townhomes and sold cumulatively throughout the city prior to Safer June 12,20167 and of these 14 affordable homes no less than four(4)qualify as lower-priced homes;or ii. If less than 27(twenty seven)affordable homes, as defined in Section 2 of this Ordinance, are constructed and sold as single household detached dwellings or townhomes and sold cumulatively throughout the city prior to Tune Septem be November 12,2017 and of these 27 affordable homes no less than seven(7)qualify as lower-priced homes;or iii. If less than 54(fifty four)affordable homes,as defined in Section 2 of this Ordinance, are constructed and sold as single household detached dwellings or townhomes and sold cumulatively throughout the city prior to rjer-embe October 12,201-78 and of these 54 affordable homes no less than 12(twelve)qualify as lower-priced homes. The amendment passed 4-0. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent Page 4 of 11 Bozeman City Commission Minutes,July 25,2016 Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 06:36:54 PM (00:38:49) Discussion on Main Motion DM Andrus supports the underlying motion since the City has added another incentive and extended the timeline. CR Mehl also supports the motion. CR Pomeroy supports and hopes it works. Mayor Taylor reiterated that this change is an adaptation to make this program work on a voluntary basis. 06:39:47 PM (00:41:42) Vote on the Main Motion made and seconded on Monday,July 18,2016 that having reviewed the presented information, considered the public comment, and considered all of the information presented,I hereby move to provisionally adopt Ordinance 1954,amending Section 10 of Ordinance 1922,Inclusionary Housing, to revise the effective dates within the contingencies section of Ordinance 1922. The motion passed 4-0. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 2. 06:40:02 PM (00:41:57) Resolution 4701,Suspending the Wetlands Review Board (Saunders) 1 a 06:40:31 PM (00:42:26)Staff Presentation Community Development Assistant Director Chris Saunders discussed the Commission's ability to disband this board. He discussed the technical process required for this board and the difficulty in fully staffing the board. Staff recommends the WRB be suspended, and that they instead solicit assistance from professionals in the review process.The standards for wetlands will not change. 06:42:21 PM (00:44:16)Questions of Staff DM Andrus asked how many reviews per year they may receive in the process. CM Mehl asked why not do the process like the Engineering Department. 06:44:53 PM (00:46:48) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. Page 5 of 11 Bozeman City Commission Minutes,July 25,2016 06:45:11 PM (00:47:06)Motion that having considered the draft resolution and considering all presented materials and public comments,I move to approve Commission Resolution 4701 suspending the Wetlands Review Board. Commissioner-I-Ho.Pomeroy: Motion Commissioner-Chris Mehl: 2nd 06:45:30 PM (00:47:25) Discussion CR Pomeroy supports the motion. CR Mehl also supports the motion as the board requires such expertise. Mayor Taylor acknowledged that he was the liaison to discuss this, and they couldn't get a quorum for that meeting,which is indicative. 06:46:58 PM (00:48:53) Vote on the Motion that having considered the draft resolution and considering all presented materials and public comments,I move to approve Commission Resolution 4701 suspending the Wetlands Review Board. The motion passed 4-0. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 3. 06:47:12 PM (00:49:07)A Conditional Use Permit (CUP)Application to Allow the Sale of Alcohol for On-Premise Consumption in the Bozeman Hotel, in Bar and Restaurant Spaces on the Main Floor and Basement Levels Located at 321 East Main Street (Quasi- Judicial) (Martin) aka 06:47:31 PM (00:49:26) Disclosure DM Andrus disclosed that she has an office in the Bozeman Hotel.She did not participate in his distributed survey. CR Mehl disclosed that he has family that works in the hotel, and he has not discussed the item with them. 06:48:34 PM (00:50:29)Staff Presentation Community Development Planning Technician Danielle Martin discussed the Conditional Use Permit at the Bozeman Hotel. She discussed similar projects/processes at the Baxter Hotel Patio and the Market at Ferguson Farm. She also discussed parking demand will meet calculations, as well as Pub 317's proposed floor expansion.There was public comment and DRC recommended approval. 06:53:34 PM (00:55:29)Questions of Staff DM Andrus asked for clarification about the expansion of the liquor license and the CUP. She also asked about the parking calculations. CR Mehl asked about a typo in the presentation for actual parking spaces. He asked what would happen Page 6of11 Bozeman City Commission Minutes,July 25,2016 if the City needed to revoke the CUP for one of the facilities in the building. City Attorney Sullivan responded. CR Mehl also asked about the administrative process associated with the potential bead shop and whether it comes before the Commission. Director Thomas recommends they add a condition of approval to require a use change come back before the Commission, if desired. Mayor Taylor asked if a CUP was applied to the bead shop. 07:01:12 PM (01:03:07)Applicant Presentation Bob Michelles, owner and architect of Hip and Humble architecture,stated his work on the project, and that he's here for questions. 07:01:39 PM (01:03:34)Questions of Applicant CR Mehl asked if the applicant had any questions or concerns about the conditions of the staff report. He also asked what would happen with the bead shop.John Amsten, owner of the space,stated his intention is to open the space to the public. CR Mehl discussed the riskiness of a joint CUP. DM Andrus asked if there was a floor plan for the bead shop. CR Pomeroy asked for clarification of the floor space. Mayor Taylor asked what the Conditional Use Permit will say,specifically who the CUP is issued to. 07:12:06 PM (01:14:01) Public Comment Mayor Taylor opened public comment. 07:12:42 PM (01:14:37)John Amsten,Public Comment Mr.Amsten owns the real estate of the property,the applicant is tenant. He spoke about the kitchen plans for the space, and its ability to bring unique vibrancy to the historic building. 07:15:12 PM (01:17:07) Public Comment Mayor Taylor closed public comment. 07:15:15 PM (01:17:10)Staff Rebuttal Ms. Martin asked to make a change to the recommended conditions of approval,striking the last line of condition 5,with the period ending after"...designated use." 07:16:01 PM (01:17:56)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 16084 and move to approve the Bozeman Hotel Conditional Use Permit with conditions and subject to all applicable code provisions. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd 07:16:34 PM (01:18:29)Friendly Amendment that Condition 5,sentence 2 reads in its entirety"said lease must run with the designated use." Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd Page 7 of 11 Bozeman City Commission Minutes,July 25,2016 07:17:14 PM (01:19:09)Questions of Staff/Discussion CR Mehl wanted to clarify that the on-premise uses predate the City's requirements, would they be grandfathered. City Attorney Sullivan clarified. CR Mehl does support the motion and discussed in detail. DM Andrus also supports the motion and agreed with CR Mehl, because it works in the downtown. She suggested that at some point the Commission further define a CUP,specifically regarding alcohol or ADUs so they don't all fit under one umbrella. CR Pomeroy discussed that our older buildings should have attention, and this does that. Mayor Taylor further discussed the risk of the 1 liquor license and CUP, and he supports. 07:27:33 PM (01:29:28) Vote on the Motion as Amended 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 16084 and move to approve the Bozeman Hotel Conditional Use Permit with conditions and subject to all applicable code provisions. The motion passed 4-0. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 07:28:15 PM (01:30:10) Break Mayor Taylor called a break until 7:40 PM. 07:40:03 PM (01:41:58) Called to Order Mayor Taylor called the meeting back to order at 7:40 PM. Commissioner Jeff Krauss joins via speakerphone. 4. 07:40:33 PM (01:42:28)Transportation Improvements Policy Discussion (Woolard) a 07:40:43 PM (01:42:38)Staff Presentation City Manager Kukulski presented and introduction and context for the issue, and that the brunt of infrastructure funding is carried on the backs of Bozeman citizens. Public Works Director Craig Woolard discussed the progress made on the transportation system of the last few years. He also discussed continued challenges,such as growth, cumulative impacts, and UDC requirements. He demonstrated the existing level of service for intersections throughout town. Director Woolard also noted the actions Public Works has done to resolve intersection failures. He also discussed developer concerns that they have heard. Director Woolard stated his policy recommendation allowing the Public Works director to waive the Level of Service standard for projects on the 3 year CIP. He also discussed other policy options for discussion. 08:05:58 PM (02:07:53) Procedural Discussion Page 8 of 11 Bozeman City Commission Minutes,July 25,2016 Mayor Taylor discussed his procedural plans for the evening. 08:07:09 PM (02:09:04)Questions of Staff CR Pomeroy asked about the status of the intersections outside of the peak times, and whether it's possible to manage demand.She also asked the City Manager to ask the County to pursue a gas tax. She also asked if these requirements will stop development. CR Krauss asked Director Woolard if there are intersections or areas that we don't hold the developer to the LOS standard. He also asked the City Attorney if the City has to treat the whole city the same,or is there room for flexibility. He asked Director Woolard if the City could potentially do a payback district, as well as clarification for how that program could work. DM Andrus asked Director Woolard what the impact of having a failing intersection is and what it means,as well as what was discussed a year ago during a similar discussion.She also asked if a gas tax, local option tax, or other option would be enough to cover the needed costs.She also asked what Director Woolard's proposal of"increased funding" meant. CR Mehl asked if density was considered in the LOS model. He also asked why bonding was not looked at in Director Woolard's options. Mayor Taylor asked if there is a way to tease out which intersections are unsafe versus delayed. He also asked for clarification of LOS standards at fully complete intersections. DM Andrus asked about alternate transportation options and if they would have an impact. 08:45:44 PM (02:47:39) Public Comment Mayor Taylor opened public comment. 08:45:59 PM (02:47:54)David Keck,Public Comment Mr. Keck,with the Western Transportation Institute,commended Director Woolard for defining the problem.The city won't be able to avoid peak hour rush, but we can look at the relaxed standards. Demand management can also have an impact. 08:48:54 PM (02:50:49)Dan Alexander, Public Comment Mr.Alexander stated that he was impressed with the engineers'work, but also noted how restrictive the current process can be. He also encouraged that the City work with the community to possibly look at an SID. 08:51:40 PM (02:53:35) Public Comment Mayor Taylor closed public comment. 08:51:43 PM (02:53:38) Discussion CR Krauss noted how dependent we are on other legislative bodies to make funding changes.The City has accepted that some intersection LOS are waived, and he endorses that idea, but the City needs to define what those relaxed areas are.The City should also utilize paybacks/SIDS to some extent. He stated the City does need to charge development. DM Andrus stated that she liked the idea of adjusting LOS to different areas of the community. She is not partial to the cash-in-lieu proposal, but is okay with SIDS.She hopes the City works hard to try to get alternate tax options, even though it is out of the City's hands. She also supports the bonding issue if she knew more. CR Pomeroy stated that she wants to figure out ways to reduce peak demand.She also thinks we need more funds from tax options. CR Mehl assured the viewing citizenry that the Commission has been pushing for alternate tax options. Page 9 of 11 Bozeman City Commission Minutes,July 25,2016 He is also in favor of reducing demand. He mentioned common themes that a number of Commissioners wanted to look at further. He added the need for the existing definition of LOS standards. Cash-in-lieu is a bandaid, but it might be a necessary bandaid. He'd also like to look at a bond and paybacks. He stressed that he'd like to hear more about these in November/December, or an update in October with a heads up. Mayor Taylor agreed that the City should codify the things that have so far helped. We may need to look at the CIP more closely. By and large,this all comes down to safety and equality. He would like to see the City develop a standard that has a combination of warrants, density, and delay. If we can equalize payment by tax structures from landowners to users,that would be great, and we need to work on that, but we can't rely on it. Cash-in-lieu, payback districts, and SIDS are all potential ways to create fair funding. He stated he likes bonding, preferred that it is not an additional tax burden.There may be development that gets slowed, and that developer may just need to wait. Director Woolard stated it is still not entirely clear what to do in the immediate future. 09:18:35 PM (03:20:30) Questions of Staff/Discussion DM Andrus asked what the impact of enforcing the code today would mean to development. CR Mehl expressed that he did not perceive the urgency stated by Director Woolard. Mayor Taylor asked what else the Commission can do without a better idea from staff. CR Krauss stated the CIP has been reactive,and the criterion used by Public Works for adjustments is not clear to the Commission.The policy we have IS policy. Director Woolard stated that this year's CIP was the first to be more visionary than reactionary, and that is critical to long-term success. DM Andrus stated her direction is to adhere to the UDC as written,tomorrow. CR Mehl was hesitant about the level of ad hoc. CR Pomeroy stated that she didn't see a lot of options,so is there flexibility with the rules at all?She also reiterated to continue pursuing demand management. Mayor Taylor affirmed that tonight's direction is ambiguous. Enforce the rules but be somewhat flexible. When in doubt, default to the rules,which may inform the Commission. DM Andrus thanked Director Woolard for further requesting an answer. CR Krauss reiterated that if staff wants a policy decision, put it on an agenda. No motion is required.Advertised as an Action Item so that Commissioners may review the recommendations, gather additional public input, and provide direction to staff. I. 09:39:54 PM (03:41:49) FYI/Discussion 1. CR Krauss let the Mayor and City Manager know that he may need to participate remotely for another session or so, and thanked everyone for that flexibility. 2. Mayor Taylor mentioned a complaint that he received about the City's hiring policy. J. 09:42:14 PM (03:44:09)Adjournment Mayor Taylor adjourned the meeting at 9:42 PM. Carson Taylor Mayor Page 10 of 11 Bozeman City Commission Minutes,July 25,2016 O ♦. • Amy 7p'r1EST: Robin,Cr ugh, MPA City Clerk PREPARED BY: �O Robin Crough, MPA City Clerk Approved on: lAII�O 1�o Page 11 of 11