HomeMy WebLinkAbout11-28-16 City Commission Minutes I
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, November 28,2016
Deputy Mayor-Cynthia Andrus: Present
Commissioner-Jeff Krauss: Present
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, Policy and Planning Manager Chris Saunders, Downtown Business Partnership Executive
Director Chris Naumann
A. 06:01:21 PM (00:03:11)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse s
Mayor Taylor called the meeting to order at 6:01 PM.
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B. 06:01:28 PM (00:03:181 Pledge of Allegiance and a Moment of Silence
C. 06:02:15 PM (00:04:05)Changes to the Agenda
• City Manager Kukulski requested that the presentations for Action Items 1 and 2 be
combined.
• Secondly, Item D2 on Consent has a discrepancy in the memo and the attached numbers,so
a corrected attachment has been provided.
• Mayor Taylor put a sign-up sheet on the table for any anticipated public comment on Action
Item G3 so he can judge time.
D. 06:04:20 PM 00:06:10 Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) ,o
2. Adopt the Solid Waste Fund (Collection & Recycling)Capital Improvement Plan (CIP)for
Fiscal Years 2018-2022 (Rosenberry) _0
3. Adopt the Storm Water Fund Capital Improvement Plan (CIP)for Fiscal Years 2018-2022
(Rosenberry) 1"'p
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4. Authorize the City Manager to Sign the Reimbursement Agreement with J. and M. Horner of
JJVM Properties, LLC for the Pine Meadow Subdivision (Kohtz) 71 G
5. Approve the Final Plat for the Pine Meadow Subdivision and Authorize the Director of Public
Works to Execute the Same on Behalf of the City of Bozeman (Rogers) La
6. Authorize the City Manager to Sign Amendment 5 to the Professional Services Agreement
with Morrison-Maierle for the Capital Improvement Projects Field Survey(Murray) a
06:04:24 PM (00:06:14) City Manager Overview
City Manager Kukulski provided a brief overview of Consent Items 1-6. As noted in changes to the
agenda,there was a change to the packet material for Consent Item 2.
06:07:16 PM (00:09:06) Public Comment on Consent Items 1-6
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
06:07:30 PM (00:0920)Motion and Vote to approve Consent Items 1-6 as amended. The motion
passed 5-0.
Commissioner-I-Ho Pomeroy: Motion
Commissioner-Chris Mehl: 2nd
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl Approve
Commissioner-I-Ho Pomeroy:Approve
E. 06:08:02 PM (00:09:52) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
F. 06:09:09 PM (00:10:59)Special Presentation
1. 06:09:28 PM(00:11:18)Launch of ZoningCheck and Click2Gov Software for Business Licensing
and Zoning Compliance (Saunders) 77;"<--;
Policy and Planning Manager Chris Saunders presented an update on the software packages
that have been rolled out to help the public with the various actions within the Community
Development department, including business licenses.
06:13:19 PM (00:15:09)Questions of Staff
DM Andrus asked what the updating process was. She also asked if it was possible to see a zoning
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overlay.
CR Mehl asked about the Click2Gov software that was noticed. Mr.Saunders demonstrated some of the
features of the software.
06:16:06 PM (00:17:56)Discussion
CR Mehl stated a desire to know more about software that can help city services, such as this,
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particularly with budget season coming up.
G. 06:17:06 PM (00:18:56)Action items
1. 06:17:18 PM (00:19:08) Resolution 4756,Amending the City's Annual Budget and Downtown
Tax Increment District Workplan to Add Appropriations for Federal Emergency Management
Agency (FEMA) Floodplain Map Appeal Project in Fiscal Year Ending June 30, 2017
(Rosenberry) 7L!
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2. 06:17:35 PM (00:19:25)Authorize the City Manager to Sign Amendment 1 to the Professional
Services Agreement with Allied Engineering for a Floodplain Map Appeal (Heaston) :.a
06:17:46 PM (00:19:36)Staff Presentation
City Manager Kukulski clarified that both actions will need to be taken separately for each item. He
provided some background to the items and why this project—the accuracy of floodplain maps—is rt
crucial.
City Engineer Brian Heaston presented on the preliminary FEMA floodplain maps,and the necessity of
accurate floodplain mapping. He discussed the professional services agreement for the appeal of said
maps, as well as other objectives in the PSA with Allied Engineering. He noted that FEMA will be before
the Commission to present on January 23, 2017.
06:24:36 PM (00:26:26)Questions of Staff
DM Andrus asked about why FEMA denied the City's request for methodology revision. Mr. Heaston
responded in detail. She asked if it made sense to extend the region.
CR Pomeroy asked how often an agency would appeal FEMA. Mr. Heaston responded that flood studies
are very infrequent, 10-15-20 years.She asked how likely the appeal would be.She asked if other
communities have appealed FEMA. Mr. Heaston responded yes.
CR Mehl asked if it's true that other community's appeals are similar in scope. He asked how FEMA does
a 1D map. He asked if FEMA has any technical guidance for 2D mapping.
CR Krauss asked if any private individuals are going to appeal the map. Mr. Heaston responded yes. g
06:31:52 PM f 00:33:42)Staff Presentation Continued
Administrative Services Director Anna Rosenberry discussed Resolution 4756,and the specifics of the
budget amendment and the budgeted expenditures of the Downtown Tax Increment District,and that
the resolution increases the Downtown Tax Increment District by approximately$42,000. She discussed
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the specifics ofTIF funding and the effect of blight.
06:34:25 PM (00:36:15)Questions of Staff
DM Andrus asked what would be the impact on other projects in the TIF and the BID. Ms. Rosenberry
stated that cash-on-hand would be used for both.
Mayor Taylor asked that the amount spent on this appeal is small compared to the cost of the insurance
in future years. Mr. Heaston responded generally yes. He asked if the insurance situation would change
before the maps did 10-15 years in the future. Mr. Heaston responded the two are directly tied. Mayor
Taylor asked for clarification of when the maps were last made.
CR Krauss asked what the consequences would be on property to be developed in the floodplain. Mr.
Heaston responded in detail.
CR Pomeroy asked if this is why daylight, instead of full basements,are typically built in the city. Mr.
Heaston responded not necessarily.
06:42:51 PM (00:44:41) Public Comment on Action Items 1 and 2
Mayor Taylor opened public comment.
06:43:16 PM (00:45:06)Katherine Ball,Public Comment
Ms. Ball asked if using Mill Ditch would impact her, as she lives nearby.
06:44:04 PM (00:45:54) Public Comment Closed
Mayor Taylor closed public comment.
06:44:16 PM (00:46:06) Questions of Staff Continued
Mr. Heaston responded to Ms. Ball. He clarified that as part of the project,they would ensure that
existing properties would not be in harm's way.
CR Mehl asked if the flood into said ditch would be controlled. Mr. Heaston responded yes.
06:45:30 PM (00:47:20) Public Hearing Closed
Mayor Taylor closed the public hearing.
06:45:33 PM (00:47:23)Motion to approve Resolution 4756,Amending the City's Annual Budget and
Downtown Tax Increment District Workplan to Add Appropriations for the Federal Emergency
Management Agency(FEMA)Floodplain Map Appeal Project in Fiscal Year Ending June 30,2017.
Commissioner-Chris Mehl: Motion
Deputy Mayor-Cynthia Andrus: 2nd
06:45:53 PM (00:47:43) Discussion
CR Mehl stated that it is appropriate to do this as a shared amount. He stated the importance of getting
these maps as accurate as possible. He enthusiastically supports the motion.
DM Andrus also supports the motion. She understands there is some risk in the result, but hopefully the
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risk is worth the reward,as hopefully the end result will be development in downtown.
CR Krauss wanted to reiterate that this is an appropriate project for downtown.This is appropriate for
TIP funding.This is of interest to anyone in the city,and private landowners are also appealing.
CR Pomeroy echoed her fellow Commissioners. If it works, it will save money in the long run.
Mayor Taylor reflects what is said before, but added that collective action such as this can go a long
way.
06:52:28 PM 00:54:18 Vote to approve Resolution 4756,Amending the City's Annual Budget and
Downtown Tax Increment District Workplan to Add Appropriations for the Federal Emergency
Management Agency(FEMA)Floodplain Map Appeal Project in Fiscal Year Ending June 30,2017. The
motion passed 5-0.
Commissioner-Chris Mehl: Motion
Deputy Mayor-Cynthia Andrus: 2nd
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl:Approve
Commissioner- I-Ho Pomeroy:Approve
06:52:45 PM (00:54:35)Motion to adopt Amendment Number 1 to the Professional Services
Agreement with Allied Engineering Services,Inc. to prepare a floodplain map appeal at a cost of
$86,674 and authorize the City Manager to execute the professional services agreement amendment
on behalf of the City.
Commissioner-Chris Mehl: Motion
Deputy Mayor-Cynthia Andrus: 2nd
06:53:09 PM (00:54:59} Discussion
CR Mehl stated his support of the motion as it's worthwhile to take this course.
DM Andrus also supported the motion.
CR Krauss thanked the work of many to move forward with this option.
06:54:03 PM (00:55:53) Vote to adopt Amendment Number 1 to the Professional Services Agreement
with Allied Engineering Services,Inc. to prepare a floodplain map appeal at a cost of$86,674 and
authorize the City Manager to execute the professional services agreement amendment on behalf of
the City. The motioned passed 5-0.
Commissioner-Chris Mehl: Motion
Deputy Mayor-Cynthia Andrus: 2nd is
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
Mayor-Carson Taylor:Approve
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Commissioner-Chris Mehl:Approve
Commissioner-I-Ho Pomeroy:Approve
3. 06:54:19 PM 00:56:09 Review and Discussion of the Content and Interrelationship Between
the Bozeman Community Plan [BCP] (Growth Policy) and the Downtown Bozeman
Improvement Plan [DBIP] (Neighborhood Plan) (Kukulski/Saunders) p
06:54:24 PM (00:56:14) Point of Clarification
Mayor Taylor stated the order of discussion, being Mr. Kukulski, Mr.Saunders, and Mr. Naumann.Then
questions of staff, questions/comments (of Commissioners), public comment, and Commission
discussion. Mayor Taylor will try to break around 7:30 PM.
06:56:43 PM (00:58:33)Staff Presentation
City Manager Kukulski noted that there are printed copies of the presentation available. He reiterated
the purpose and content of tonight's discussion,which is to provide an overview of the growth policy,
specifically the Downtown Bozeman Improvement Plan to the Commission and public. It is one of five
neighborhood plans. Mr. Kukulski clarified that this discussion cannot be about pending applications,
and that this is a wider overview.
Policy and Planning Manager Saunders presented an overview of the Bozeman Community Plan, most
recently adopted in June 2009. He noted the growth policy components,growth policy contents, land
use themes,goals and objectives, policies, implementation of specific policies, implementation task
status, and used a 20-sided die comparison. He discussed plan and regulation relationships in depth.
07:24:02 PM (01:25:52) Break
Mayor Taylor called a break to 7:35 PM.
07:35:26 PM 01:37:16 Call to Order
Mayor Taylor called the meeting back to order at 7:35 PM.
07:35:58 PM (01:37:48)Staff Presentation
Chris Naumann, Executive Director of the Downtown Bozeman Partnership, presented the Downtown
Bozeman Improvement Plan,the latest iteration being in 2009, and the decades of deliberate planning
taking place in Bozeman. He clarified what the Main Street historic district was,the Business
Improvement District,and the B3 Downtown Zoning District(adopted in 1958). He discussed the scope
and intent of the plan,with an economic development focus,and the twelve guiding principles of the
plan.The plan creates five distinct districts within the downtown—the Historic Downtown Core, West
Gateway, North Village/Mendenhall District, East Gateway, and South Village/Babcock District. He
discussed the plan's recommendations to reduce parking requirements.Another strategy of the plan is
to build more housing. Another strategy is to create a network of open spaces.Another strategy is to
tame downtown traffic. A series of strategies intend to strengthen downtown businesses.The plan
discusses adopting a code unique to downtown. lastly,the plan discusses a need for committed
leadership.The plan wraps up with achieving the triple bottom line, of economic, cultural, and
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environmental sustainability.
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07:58:04 PM (01:59:54)Questions of Staff
CR Pomeroy asked Mr.Saunders asked about the goal of Resolution 4163. Mr.Saunders stated
responded in detail about the goals.She asked if the goal of the plan was a focus on high density.
CR Krauss asked Mr. Naumann about the B3 district, actually adopted in 1958.
DM Andrus asked Mr.Saunders about additional plans like the Conservation Overlay District and Design
Guidelines, and where they fit into the overall picture.
CR Mehl asked about transition. Mr.Saunders responded in detail about transition and compatibility. CR
Mehl also asked when the last time the design guidelines were updated. Mr. Saunders responded 2006,
and 2014 for the halo. He asked for further detail about parking, which Mr.Saunders provided. CR Mehl
also asked generally about best practices for all these areas in downtown planning. Mr. Saunders
responded in great detail. Community Development Director Marty Matsen added further detail. CR f
Mehl asked how Bozeman's standards compare to peers. Mr. Matsen responded that Bozeman is
surpassing its peers. Mr.Saunders responded that many parking options have not been used.
DM Andrus asked Mr. Naumann to shed some light on the district boundaries presented. Mr.Saunders
and Mr. Naumann responded in great detail.
Mayor Taylor asked for clarification on the downtown districts, and what's the current interplay
between B3 and the proposed sub-districts discussed, as well as the TIF. How does the housing as a .
missing piece connect to the economic vitality of downtown? Mr. Naumann responded in detail. Mayor
Taylor asked when the TIF sunsets, and how much does it invest annually? Mr. Naumann responded
2032. Mayor Taylor asked if the housing is to offset the eventual end of the TIF.
CR Krauss asked how downtown traffic has compared over the last 20 years. He asked what contributed
to the decrease in intensity compared to population. He asked about zoning height and proximity, and is
there an annexation process. He asked about the "fading away" option. Mr. Saunders responded in
detail. He asked about the permanency of historic preservation and value. CR Krauss asked if there can
be reasons to not alter buildings solely for historic reasons.
08:53:45 PM (02:55:35) Public Comment on Action Item 3
Mayor Taylor opened public comment.
08:54:29 PM 02:56:19 Bobby Bear,Public Comment
Current TIF Chair,and longtime board member, of the TIF stated that the Downtown Plan has been a
thought-out, iterated document and process. Ms. Bear discussed the history of the input of the board.
She stated she is not a property or business owner of downtown, but she is a citizen, and wanted to be
involved in the process through the whole thing.
08:56:07 PM (02:57:57)Dave Crawford,Public Comment
Mr. Crawford lives and works downtown, and is very invested. He has noted that many people see
change as hard. He noted that there wasn't a lot of public input at the time that this plan was adopted,
but he's happy to see it now. Downtown is fragile, and intensifying and bringing more people downtown
is critical. He moved downtown because the zoning is predictable. He acknowledged the collisions of
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downtown, and he thanked the Commission, as he believes smart people can do this right. Density will
be important.
08:59:27 PM (03:01:17)Suzanne Howld,Public Comment
Ms. Howld lives on Grand, and noted her neighborhood is almost all single family homes. Transition and
compatibility needs to be sensitive, as noted in the Downtown Plan.She discussed the issue of
feathering,and being compatible. She doesn't want special treatment, but the halo can be sensitive.
Sensitive and transition can be defined differently.
09:02:45 PM (03:04:35)Cory Lawrence,Public Comment
Mr. Lawrence has been on the TIF board for two months, and is a business and real estate owner
downtown. He thanked the Commission, and commented in support of the current Downtown Plan. He
found the process of working under the plan informative and effective, and the City staff and process
works.
09:04:38 PM (03:06:28)Randy Peters, Public Comment
Mr. Peters reviewed the plans discussed tonight, and there are some great common themes regarding
preservation and neighborhoods. He emphasized the balance. He referenced the UDC, but stated that is
must be used considering the community as a whole.
09:06:54 PM (03:08:44) Charlie West, Public Comment
Mr. West is a downtown business owner, and bearing in mind the Downtown Plan was adopted right
after the recession, he is concerned that we are being taken advantage of, and that maybe it is time to
update the plan. He is curious about applying parking regulations to current infrastructures.
09:08:42 PM (03:10:32)Jeannie Wilkinson, Public Comment
Ms. Wilkinson commented in 2015 about a project that she doesn't believe followed NCOD guidelines.
She and the community is concerned about large projects downtown. She believes City analysis has
been very narrow.She thinks the entirety of the growth policy should be considered with development
in core neighborhoods.She requests that the Commission focus on the neighborhoods now, and address
social equity.
09:12:05 PM (03:13:55)Paul Neubauer,Public Comment
Speaking as a citizen, not a board member, Mr. Neubauer commended Mr. Saunders and thanked him
for his work. All downtown residents are stakeholders in the success of downtown, and the majority
understand the need of infill. He discussed the balance of the Downtown Plan vs.the Growth Policy,
they do their job of checks. He noted that code can change, and specifically discussed parking and its
need to change. He encouraged the Commission and all involved to resist oversimplifying the issue of
infill.
09:15:47 PM (03:17:37)Mary Patzitzer,Public Comment
Ms. Patzitzer stated that everyone already agrees that downtown is healthy,why do we need more?
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09:16.52 PM (03:18:42)Steve Schnee, Public Comment
Long-time Bozeman business owner and resident noted that yes,downtown is prosperous and thriving,
but it is fragile, but an exception.Things were put in place 20 years ago to continue that prosperity and
quality of life. He fears that the business and residential community could become adversarial. He has F
faith that these complex issues can be worked through. He does not believe there is any guarantee
downtown will thrive tomorrow. He thanked the dais for the information this evening.
09:19:47 PM (03:21:37)Todd Wilkinson, Public Comment
Mr.Wilkinson recently spent time with the chief planner in Boulder, Colorado. He commends Mr. f
Saunders and the Commission for their work. He stated that the city must anticipate change, and
consider hypothetical consequences. He asks what the impact of some of these developments would
really be. He encouraged the Commission to take a time out to understand traffic, parking, collateral
damage, etc. He discussed the inconsistency of enforcement in Bozeman.
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09:23:02 PM (03:24:52)David Schwartz Public Comment
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Mr. Schwartz noted that as a younger citizen, Bozeman is growing, and he asked the Commission to
consider the true demographics of Bozeman, beyond just the people in the room. Downtown is a place
to bring people together, and he wants that to continue.There will be growth, and he'd like to see it in a
way that preserves walkability.
09:24:56 PM (03:26:46)Brian Segel,Public Comment
Mr.Segel is concerned with rental vacancies,surplus, and scarcity. He has seen the town grow and
shrink. He discussed growth as a spiral vs.growth as a circle. People want housing downtown for the
same reasons that he moved downtown, and now we're pricing ourselves out. He also noted the
increase at the university, but it could shrink as well, so we don't have to be driven by constant growth.
09:28:19 PM (03:30:09) Public Comment Closed
Mayor Taylor closed public comment.
09:28:22„PM (03:30:12) Discussion/Questions
Mayor Taylor reminded the Commission of the parking question,applying parking regulations to current
infrastructure.
CR Mehl asked clarification about what standards apply when there's an overlap. Mr. Saunders
responded in detail.
DM Andrus asked Mr. Naumann about financial growth incentives, how they were effective, and is there
still interest in the program? Mr. Naumann responded in detail.
CR Krauss noted the Rialto and the Lark, and the regulations that caused delayed development. He
asked specifically what would be the advantage of 500 more units of housing downtown. Mr. Naumann
responded in detail. CR Krauss asked if it would turn into a more traditional five/work/play downtown.
Mr. Naumann responded in detail, and Mr.Saunders also noted the investment of City infrastructure. CR
Krauss asked how we've used the TlF to achieve urban renewal. Mr. Naumann noted predominantly the
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garage and responded further. CR Krauss asked Mr. Naumann to name five buildings that succeeded
because of technical assistance grants. Mr. Naumann stated the Element Hotel, both iterations of the
Lark, and the renovations at the Co-op,Schnee's,and Masons. CR Krauss noted the history of"car
storage" as an issue,and are we ever going to get away from that?
DM Andrus thanked the public that came tonight, and how that is reflected in the Strategic Plan.This
discussion enlightens the issue of community character,and how we are continuing to build that, and
this might be a start to building Bozeman's story. She thanked the mayor for tonight's process.
No motion is required.Advertised as Action Item so that Commission may direct staff as necessary.
09:55:05 PM (03:56:55)Action Item 3 Closed
H. 09:55:06 PM (03:56:56) FYI/Discussion
1. CR Mehl asked that the Commission gets polled about early starts or coordinate early in
advance.
2. City Manager Kukulski has hard copies of his evaluation to hand the Commission. Mayor
Taylor reminded the Commission he'd like it by Friday.
I. 09:57:00 PM (03:58:50)Adjournment
Mayor Taylor adjourned the meeting at 9:57 PM.
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PREPARED BY:
Robin Crough
City Clerk
Approved on: U-, 2-0 1 ko
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