The URL can be used to link to this page

Home My WebLink About08-15-16 City Commission Minutes 7tt1�fN-Ca�0?�! THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,August 15,2016 Deputy Mayor-Cynthia Andrus: Present Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor: Present Commissioner-Chris Mehl: Present Commissioner-I-Ho Pomeroy: Present Staff Present at the Dais:City Manager Chris Kukulski, City Attorney Greg Sullivan, City Clerk Robin Crough A. 05:34:51 PM (00:00:14)Call to Order—5:30 PM-Commission Room,City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 5:34 PM. 05:35:04 PM (00:00:27)Change of Agenda Order Mayor Taylor called for a motion to authorize the absence of Commissioner Krauss. 05:35:12 PM (00:00:35)Motion and Vote to authorize the absence of Commissioner Krauss. 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 B. 05:35:31 PM (00:00:54) Executive Session—City Manager's 360 Evaluation 05:35:42 PM (00:01:05) City Manager Privacy Request City Manager Kukulski requested that since the Executive Session will be regarding his performance, it would be most beneficial to the process to close the session for privacy reasons. Page 1 of 11 Bozeman City Commission Minutes,August 15,2016 05:36:15 PM (00:01:38)The Mayor closed to the public this meeting pursuant to Sect. 2-3-203(3), MCA, finding that discussion relates to a matter of individual privacy and the Mayor determines the demands of the individual's privacy clearly exceed the merits of public disclosure. A separate set of minutes have been prepared for the Executive Session. 06:51:17 PM (00:04:03) Meeting Called Back to Order Mayor Taylor called the meeting back to order at 6:51 PM. C. 06:51:28 PM (00:04:13) Pledge of Allegiance and a Moment of Silence D. 06:52:25 PM (00:05:11)Changes to the Agenda 1. City Manager Kukulski informed the Commission that Action item 5 will be a continuance, of which they have a revised memo. E. 06:53:15 PM (00:06:00) Minutes 1. Approve the Regular Meeting Minutes from May 2,July 18,July 25, and August 1, 2016, and User Access to Linked Minutes 7 a 06:53:12 PM (00:05:58)Motion and Vote to approve the combined City Commission Minutes from May 2,July 18,July 25, and August 1,2016 as submitted. 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 F. 06:53:37 PM (00:06:22)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) a 2. Approve the Annie Phase 2, Lot 5 Subsequent Minor Subdivision Final Plat,Application 14036, and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman (Rice) 0! a 3. Approve the Gallatin Center Lot 12 Minor Subdivision Final Plat, Application 16231, and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman (Rice) 01 a 4. Authorize the City Manager to Sign the Water Pipeline and Access Easement and Agreement for the Taco Bell Site Plan (Kohtz) 01. a Page 2 of 11 Bozeman City Commission Minutes,August 15,2016 5. Authorize the City Manager to Sign the Sewer Pipeline and Access Easement and Agreement for the Yellowstone Center Site Plan (Kohtz) 1 6. Authorize the City Manager to Sign the Sewer and Water Pipeline and Access Easement and Agreement for the Golden Gate Condos Site Plan (Kohtz) �`a 7. Authorize the City Manager to Sign the Sewer and Water Pipeline and Access Easement and Agreement, Release and Reconveyance of Sewer Easement (Utility Easement), and Release and Reconveyance of Water Easement (Utility Easement) for the Sacajawea Middle School Expansion Site Plan (Kohtz) 1a 8. Authorize the City Manager to Sign the First Addendum to the License Agreement with North Western Energy for the Bozeman Solar Project at the Water Reclamation Facility (Meyer) 77�4D 9. Provisional Adoption of Ordinance 1956,Approving a Zone Map Amendment(ZMA)to Revise the Zoning Map from R-4(Residential High Density)to R-O (Residential-Office)on 0.91 Acres, Located at 1905 West College Street,Application 16248(Rice) 1a 10. Resolution 4713,Settingthe Annual Salary forthe Position of Municipal Court.ludge(Kukulski) 11. Approve a Beer and Wine License for Roost Fried Chicken of Bozeman, Montana to Sell Beer and Wine at 1520 West Main Street (Rosenberry) 7�C= 06:53:39 PM (00:06:25)City Manager Overview City Manager Kukulski provided an overview of Consent Items 1-11. 06:55:16 PM (00:08:02) Public Comment on Consent Items 1-11. Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 06:55:28 PM (00:08:13)Motion and Vote to approve Consent Items 1-11 as submitted. 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 G. 06:55:46 PM (00:08:32) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. Page 3 of 11 Bozeman City Commission Minutes,August 15,2016 H. 06:57:18 PM (00:10:03)Special Presentation 1. 06:57:22 PM (00:10:08) Unified Development Code (UDC) and Design Objectives Plan Coordination Update (Rogers/Owens) 1°4j 06:57:40 PM (00:10:26)Staff Presentation Interim Director of Community Development, Chris Saunders, introduced the project. He discussed population growth within the City of Bozeman.The Bozeman micropolitan area is the fastest-growing in the United States. He also noted the coordination of updates of the project. He discussed that the city is a "city of neighborhoods." Planner Rebecca Owens discussed the Design Standards Update,an update to the Design Objectives Plan, last revised in 2005. Ms. Owens discussed the goals of the update, as well as the existing Design Standards. She displayed the revised Entryway Corridors and organization of the current Design Standards (and their desire to make it simpler). She also discussed what is working well,and what can be improved on. Ms. Owens also informed the Commission on stakeholder coordination and community outreach (including the website). Planner Tom Rogers discussed the second piece of the presentation,the Unified Development Code Update. One piece of the update is the standards,the second is design integration. Mr. Rogers provided a schedule of the phases of the update, as well as a timeline. He also noted some points for future discussion. 07:14:09 PM (00:26:54)Questions of Staff DM Andrus asked Mr. Rogers if a component is missing, is it not being addressed?She asked for the full list. CR Mehl asked about parks,cash-in-lieu, etc. CR Pomeroy asked if this will help the City become more business friendly. Mayor Taylor asked what the process would be if there is an item that is not included, but they would like to be. CR Mehl pointed out that an extensive list has been provided to the Commission previously. Interim Director Saunders discussed the scope of this project in response. I. 07:21:09 PM (00:33:55)Action Items 1. 07:21:17 PM (00:34:03) Continuation of the Public Hearing on Resolution 4709, Setting Mill Levies for Fiscal Year 2016-2017 (FY17) from August 15, 2016 to September 12, 2016 (Rosenberry) I. 07:21:56 PM (00:34:42)Staff Presentation Administrative Services Director Anna Rosenberry discussed that this Resolution is based on numbers coming from the Department of Revenue. Last week the City found out that the DOR would be reissuing those numbers,and that she has received some additional revised information today,and that she may Page 4 of 11 Bozeman City Commission Minutes,August 15,2016 be receiving further revisions this week.September 12, 2016 is the next earliest noticeable meeting available for a continuance. 07:22:47 PM (00:35:32) Questions of Staff 07:22:52 PM (00:35:37) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 07:23:00 PM (00:35:46)Motion and Vote to hereby continue the public hearing on Resolution 4709, Setting Mill Levies for Fiscal Year 2016-2017,from August 15,2016 to September 12,2016. 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 2. 07:23:32 PM(00:36:17)Continuation of the Public Hearing on Resolution 4710,Amending the City's Annual Budget to Include Items to be Funded with Property Tax Revenues that Exceed Our Budgeted Property Tax Estimates from August 15, 2016 to September 12, 2016 (Rosenberry) 1a 07:23:53 PM (00:36:38)Staff Presentation Director Rosenberry noted that this item is related to Action Item 1, and is therefore appropriately also continued to September 12, 2016. 07:24:03 PM (00:36:49) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 07:24:09 PM (00:36:54)Questions of Staff There were no questions of staff. 07:24:14 PM (00:37:00)Motion and Vote to hereby continue the public hearing on Resolution 4710, Amending the City's Annual Budget to Include Items Funded with Property Tax Revenues that Exceed our Budgeted Property Tax Estimates,from August 15,2016 to September 12,2016. The motion passed 4-0. Page 5 of 11 Bozeman City Commission Minutes,August 15,2016 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. 07:24:54 PM (00:37:39) Application 16252, an Annexation Petition for Four Existing Lots Located at 2406 Durston Road and 505, 515 and 525 North 25th Avenue, Totaling 1.0601 Acres with 0.464 Acres of Right-of-Way and Proposed Initial Zoning of R-3, Residential Medium Density District (WerBell) ��.CS 07:25:26 PM (00:38:11)Staff Presentation Planner Mitch WerBell noted that he received a late afternoon email request today from the property owners asking to continue this item to next Monday's meeting in order to have more time to go through terms of annexation. One property owner was also unable to attend. 07:26:36 PM (00:39:22)Questions of Staff CR Mehl asked about schedule for next week. 07:27:07 PM (00:39:53) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 07:27:13 PM (00:39:59)Motion to continue the annexation petition and proposed initial zoning of Application 16252 to next Monday,August 22,2016. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd 07:27:19 PM (00:40:05) Discussion There was no discussion. 07:27:22 PM (00:40:08) Vote to continue the annexation petition and proposed initial zoning of Application 16252 to next Monday,August 22,2016. The motion passed 4-0. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor:Approve Page 6 of 11 Bozeman City Commission Minutes,August 15,2016 Commissioner-Chris Mehl:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner- I-Ho Pomeroy:Approve 4. 07:27:40 PM (00:40:26) A Conditional Use Permit (CUP) to Allow Two Existing Units on the Residential Property at 721 North Montana Avenue with R-2 Zoning to Operate as Extended Stay Lodging,Application 16276(Quasi-Judicial) (Owens) 07 a 07:28:12 PM (00:40:58)Staff Presentation Planner Rebecca Owens presented on the Conditional Use Permit for Application 16276. Ms. Owens discussed the subject property,as well as its context in current policy decisions and the unique properties of the request.She displayed the property and site plan sketch. Ms. Owens discussed the criteria for evaluation,and recommended conditions for approval. She noted the public comment, in support of the CUP. 07:39:14 PM (00:52:00) Questions of Staff CR Mehl asked whether they should request a business license, as well as an inspection with the County Health Department. Interim Director Saunders responded in detail. CR Pomeroy asked if there was adequate parking. 07:42:11 PM (00:54:56)Applicant Presentation Reno Walsh,the applicant,thanked Ms.Owens and the Planning Department for their help in the project. Mr. Walsh provided some history of the property and the extended stay rental he proposes. 07:44:17 PM (00:57:03) Questions of Applicant CR Mehl asked the applicant if he was okay with the conditions and if he would agree to getting a business license and meet with the Health Department. 07:45:30 PM (00:58:16) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 07:45:46 PM (00:58:31)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 16276,known as the 721 North Montana Avenue Extended Stay Conditional Use Permit, to allow two units on a residential property to be operated as extended stay lodging with conditions and subject to all applicable code provisions. Deputy Mayor-Cynthia Andrus: Motion Commissioner-I-Ho Pomeroy: 2nd Page 7 of 11 Bozeman City Commission Minutes,August 15,2016 07:46:13 PM (00:58:58) Discussion DM Andrus made it clear on the record that this application was in the pipeline when the short-term rental decision was made.She will vote in favor of the motion. CR Pomeroy echoed the Deputy Mayor. CR Mehl asked to add a friendly amendment as Condition 9. 07:49:04 PM (01:01:49)Friendly Amendment that adds Condition 9:The owner shall have a home- based business license that will be reviewed by City Planning, Police,and Fire Departments for compliance and the Gallatin City-County Health Department Public Accommodation Inspection and Certification. 07:50:34 PM (01:03:19) Discussion Continued Mayor Taylor supports the motion, as it is a complete application,there is an on-site owner, and the neighbors support the request. 07:52:01 PM (01:04:46) 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 16276, known as the 721 North Montana Avenue Extended Stay Conditional Use Permit, to allow two units on a residential property to be operated as extended stay lodging with conditions and subject to all applicable code provisions. 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 5. 07:52:13 PM (01:04:59) A C-endrt+elQse Rerr it (CUP) and Site Plan to nilw.v the MajeFSubdiv. . "-4' Continuation of the Public Hearing on Application 15439, the Sundance Apartments Conditional Use Permit and Site Plan from August 15, 2016 to October 3, 2016(Rogers) 07:52:47 PM (01:05:32)Staff Presentation Planner Tom Rogers stated that the applicant has requested a continuation to October 3, 2016. 07:53:21 PM (01:06:07)Questions of Staff DM Andrus has asked about the number of continuations this applicant has made,or if there is any time period for renoticing, as well as how noticing costs work.She also asked Mr. Rogers recommendation for Page 8 of 11 Bozeman City Commission Minutes,August 15,2015 whether or not to renotice. 07:55:37 PM (01:08:22) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 07:55:47 PM (01:08:32)Motion to hereby continue the public hearing on application 15439, the Sundance Apartments Conditional Use Permit and Site Plan application from August 15,2016 to October 3,2016. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd 07:56:13 PM (01:08:58) Discussion DM Andrus proposed a friendly amendment. 07:56:19 PM (01:09:05)Friendly Amendment that this project is renoticed, and that that costs would be incurred by the developer of the project. 07:56:55 PM (01:09:41)Questions of Staff CR Mehl asked if the City can require an applicant to pay for renoticing. City Attorney Greg Sullivan responded in detail. 07:58:15 PM (01:11:01)Friendly Amendment rescinded by DM Andrus. Instead DM Andrus requests that the City renotice the project, and strongly suggested the developer pay for said renoticing. 07:59:51 PM (01:12:37) Discussion Continued Mayor Taylor discussed the number of renotices on this item. CR Pomeroy agrees to give the applicant more time to revise their proposal. 08:01:50 PM (01:14:36) Vote to hereby continue the public hearing on application 15439, the Sundance Apartments Conditional Use Permit and Site Plan application from August 15,2016 to October 3,2016. The motion passed 4-0. Commissioner- I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent Manor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve Page 9 of 11 Bozeman City Commission Minutes,August 15,2016 6. 08:02:05 PM (01:14:51) (Re)Appointments to the Downtown Bozeman Improvement District/Tax Increment Finance (TIF) Board (Michalson) O a 08:02:11 PM (01:14:57)Motion to confirm the Mayoral reappointment of Bob Hietala, Bill Stoddart, and Vonda Laird as voting members to the Downtown Tax Increment Finance Board with an updated term expiring June 30,2020,and new applicant Cory Lawrence filling a vacant seat expiring June 30, 2018. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd 08:02:37 PM (01:15:22) Discussion Mayor Taylor stated it was his desire for mayoral appointments to this particular board. CR Mehl stated he would like the Commission be able to speak for appointments as well. 08:02:58 PM (01:15:43) Vote to confirm the Mayoral reappointment of Bob Hietala, Bill Stoddart, and Vonda Laird as voting members to the Downtown Tax Increment Finance Board with an updated term expiring June 30,2020,and new applicant Cory Lawrence filling a vacant seat expiring June 30,2018. 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 J. 08:03:09 PM (01:15:55) FYI/Discussion 1. Mayor Taylor noted that City Commissioners received a letter regarding selling the City- owned land on Rouse Ave,and that the Commission should discuss the issue at an upcoming meeting. 2. City Manager Kukulski noted there is an upcoming neighborhood meeting that he wanted to alert the Commission of. K. 08:05:22 PM (01:18:08)Adjournment Mayor Taylor adjourned the meeting at 8:05 PM. Carson Taylor Mayor Page 10 of 11 Bozeman City Commission Minutes,August 15,2016 ;� •.�? • . ATTEST: "Robin Crough, MPA , City Clerk PREPARED BY: Robin Crough, MPA City Clerk Approved on: Page 11 of 11