HomeMy WebLinkAbout12-05-16 City Commission Minutes V I
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
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Monday, December 05,2016
Deputy Mayor-Cynthia Andrus: Present F
Commissioner-Jeff Krauss: Present
Mayor-Carson Taylor: Present i
Commissioner-Chris Mehl: Present
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Commissioner-I-Ho Pomeroy: Present
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Staff Present at the Dais: City Manager Chris Kukulski, City Attorney Greg Sullivan, and Deputy City Clerk
Pearl Michalson
A. 05:00:01 PM (00:00:48?Call to Order—EARLY START TIME-5:00 PM-Commission Room, City Hall,
121 North Rouse
Mayor Taylor called the meeting to order at 5:01 PM.
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B. 05:01:38 PM (00:02:25) Pledge of Allegiance and a Moment of Silence
C. 05:02:36 PM (00:03:23)Changes to the Agenda 1
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D. 05:02:45 PM (00:03:32)Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 7.4:3
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2. Approval of the Beer, Wine or Liquor License Renewals for Calendar Year 2017 (Pitcher) _
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3. Authorize the City Manager to Sign a Professional Services Agreement with Etico Solutions for
a Police Staffing Analysis in 2017(McLane) 7 !H
4. Authorize the City Manager to Sign the First Amendment to the Professional Services
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Agreement with Community Design Group for the Design Objectives Plan Update(Owens)
5. Adopt the Building Inspection Capital Improvement Plan (CIP) for Fiscal Years 2018-2022
(Rosenberry) 0,4-
6. Adopt the Fire Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-2022
(Rosenberry)
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Bozeman City Commission Meeting Minutes,December5,2016
7. Adopt the Community Development Capital Improvement Plan (CIP) for Fiscal Years 2018-
2022 (Rosenberry) , a
8. Adopt the Parking Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-2022
(Rosenberry) 7 a
9. Adopt the Library Depreciation Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-
2022(Rosenberry) a
10. Approve the Final Plat for the Shonkwiler Addition Lot 1A Subdivision and Authorize the
Director of Public Works to Execute the Same on Behalf of the City of Bozeman (WerBell)
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11. Resolution 4743, Intent to Create a Special Improvement Lighting District Number 737 for
Westbrook Subdivision Phase 2, 3,and 4(Clark/Neibauer) , a
12. Ordinance 1968 Final Adoption, the Stopka Zone Map Amendment Rezoning Four Existing
Lots and Adjacent Rights-of-Way Totaling 0.742 Acres Located at 3611, 3623, 3625 and 3641
Laduke Street from R-2, Residential Two-Household Medium Density District to R-3,
Residential Medium Density District(WerBell) , a
05:02:44 PM (00:03:31)City Manager Chris Kukulski gave a brief overview of consent items 1-12.
05:08:38 PM (00:09:25) Public Comment
Mayor Taylor called for public comment on consent items 1-12.
05:08:46 PM (00:09:33) Terry Cunningham, Public Comment
Referenced the planning staffing study for the Bozeman Police Department and asked the Commission
and the staff consider animal control officers as a part of that study. Looking at national numbers for the
number of animal control officers for a city of similarsize,a suggestion of 3 full time animal control officers
to enforce compliance was given.
05:10:15 PM (00:11:02) Public Comment Closed
Mayor Taylor closed public comment.
05:10:22 PM (00:11:09)Motion and Vote to approve Consent Items 1-12 as submitted. The motion
passed 4-1.
Deputy Mayor-Cynthia Andrus: Motion
Commissioner-Chris Mehl: 2nd
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss: Disapprove
Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl: Approve
Commissioner-I-Ho Pomeroy:Approve
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Bozeman City Commission Meeting Minutes,December 5,2016
E. 05:10:46 PM (00:11:33) Public Comment
Mayor Taylor called for general public comment.
05:11:47 PM (00:12:34)Richard Canfield,Public Comment
Read and handed typed public comment that talked about the zoning changes in the NCOD as well as
guidelines. Residential infill in the form of more accessible dwelling units (ADU's)and the guideline goals
for Bozeman (NCOD)was to preserve the integrity of its individual historic structures,and its character of
its street scape. Increasing ADU size, decreasing the minimum lot size, etc. Given the realities of code
enforcement these recommendations would lead to a loss of livability, architectural integrity and a
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character of entire residential areas. It was imperative that all residence have an opportunity to be well I
informed. He commended the staff for the initial presentation of the ADU but asked that a scaled up
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approach now be taken up with the neighborhood council support or the commissions for meaningful
input to city planning.
05:15:20 PM (00:16:07)Chris Budeski,Public Comment
Mr. Budeski stated that he thought that this idea would give the community a lot more flexibility in the
current designs and a little more variety in the future.At a low scale,this was something that he felt the
commission should consider and increase density.
05:16:31 PM (00:17:18)Bob Bailey,Public Comment
Stated that the UDC and increased options for density in the city limits was very good but the density for
living in downtown was less than it used to be which created less support of main street and in the city. '
Another alternative to not allowing more flexibility on development,we're going to see more cruise ships
next door to vital neighborhoods (five story buildings next to a historic district). Generally, he was very
much in favor of more density in the city at a low scale.Scale,was a very big problem in the city right now.
We could see large developments going up next to small scale buildings and felt that increasing density
was a better alternative to that.
05:18:50 PM (00:19:37)Public Comment Closed
Mayor Taylor closed public comment.
F. 05:19:00 PM (00:19:47)Action Items
1. 05:19:06 PM (00:19:53)Adopt the Street Impact Fee Fund Capital Improvement Plan (CIP)for
Fiscal Years 2018-2022 (Rosenberry) _a
05:19:21 PM (00:20:08)City Manager Chris Kukulski stated that this presentation would combine
information for action item 2,the adoption of the Arterial and Collector district capital improvement
plan.So, public comment will be taken after this presentation and questions would be asked to cover
both items.
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Bozeman City Commission Meeting Minutes,Decembers,2016
05:21:31 PM (00:22:18)Staff Presentation
Public Works director, Craig Woolard gave an overview of the CIP approach with was informed by the
transportation master plan which assumed the completion of the arterial and collector district
assessments. An explanation about how the capital improvement plan was developed and the projects
that were on this year plan was discussed. This three year CIPS program annually would cost
FY16=$0.5MIL, FY17=$1.0MIL, and FY18-22=$2.OMIL annually.
The goal had been to finish those road ways and intersections.There was development hinging on those
being completed. The plan had implications for the development of the community. There were a lot of
projects and road ways that would be fixed. Improvements to story mill road was discussed.When college
between 19"and 11th starts to get improved, parking would have to be addressed due to traffic. Highland
and main improvements, 111h, graph and 3rd was discussed. Several important projects like Kagy on 19th
to Wilson were discussed to be held as unscheduled in order to accumulate funds. In the meantime,small
improvements could be done around town. Interim improvements, and full reconstruction cost after the
1st of the year was discussed. Proposals to complete Oak and Ferguson, important projects such as E.
Griffin Drive,South 11th,and Graf and 3rd intersections as well as highland and main were discussed.
05:38:07 PM (00:38:54)Questions of Staff
DM Andrus asked about the pedestrian traffic walking light and Mr. Woolard addressed moving the light
to the west to free up traffic flow.Once the street is widened, maybe having pedestrians cross at 111h and
71h was a possible solution that needed further discussion.
DM Andrus also asked about the focus in streets that the city is trying to accomplish. Filling gaps in the
system like incomplete streets on Oak, Durston and Baxter. Completing the street from Ferguson all the
way to Baxter was discussed.
The final question was about changes to the Arterial and Collector and how all these projects are funded
with that money.
CR Krauss asked why Griffin was not on the plan last year. There was more traffic in that area and
temporary fixes would not help. County cooperation on their portion of streets was asked. The city
manager stated that they have not gotten enough support from the county but they are working on it.
Krauss also asked about MSU and if they were helping to pay for some of these as well. Kagy and the
intersection between 191h and 111h as well as parking issues was discussed. Staff stated that leveraging
both impact fees and the Arterial Collector could get in the way of the improvements that needed to
happen to the roads that we have now. The intersections needed to be completed before any other
projects could happen.
CR Pomeroy asked the city manager about FY17 and the four years that we would have a deficit and how
would we collect the deficit money.The city manager stated that the money is uploaded up front.
CR Mehl asked if we were leveraging impact fees mare than before which staff agreed. Even with planning
to which staff said that this was a 3 year snapshot. The city manager stated that finding other ways was
something they were trying to do.The city manager said early January the public works department would
need to be looking at all of these issues soon. Staff re-iterated that these were projects that they were
trying to complete in the next five years and not next year.
CR Krauss asked about a developer's role in all of this. Questions about Babcock and Ferguson were
discussed and their level of service as well currently and in the future if we did not do anything.
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Bozeman City Commission Meeting Minutes,December 5,2016
CR Pomeroy asked about the waiting period for a service level of F. Which staff stated that F in unknown
but he would guess immediate.
Mayor Taylor asked about rouse and griffin and when they were scheduled which staff said would be next
summer. Street impact fees and the budget was discussed. Staff stated once the budget was approved,
the staff goes with what was budgeted.
2. 05:22:08 PM (00:22:55) Adopt the Arterial and Collector District Capital Improvement Plan
(CIP)for Fiscal Years 2018-2022 (Rosenberry) L!a
06:26:19 PM (01:27:05)Staff Presentation
Anna Rosenberry,Administrative Services director,stated that when we did the capital improvement plan
they ran into some concerns.A lot of the money pulled to complete these projects were coming from old
sources. As a result of the level of service,there was a desire to complete these in the 3 years that were
projected. The goal is to complete with a positive balance. Discussions about limiting the deficit and not
relying on payback money to cycle back into the program was discussed. Current fees and what they are
used for was discussed.The goal is to end year 5 in a positive balance.
06:35:08 PM (01:35:5S)Questions for Staff
Mayor Taylor asked for clarification on the balance at the end of the 5 years that excluded any of payback
coming in.
DM Andrus asked if there were any unintended consequences that would be of concern based on our r
deficit but staff stated that as long as they didn't see a decrease in revenue they won't see a problem.
CR Pomeroy wanted to know if there was ever a time when enough money was not collected.Staff stated
that is was unlikely that once it was assessed that they would not collect the funds. If there were building
activity decline, they may see a decline in collecting funds. The street impact fee schedule still has a fair
amount of cash to fund these projects as well.
CR Krauss asked with regard to impact fees if we planned in limiting growth,would it effect this schedule
in the amount of money collected. Staff stated that we needed to collect 3million a year.
CR Mehl asked about the history of street impact fees
The city manager stated that in the area of impact fees in street when there was a problem they brought
forth a recommendation in cuts to the budget.
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06:45:31 PM (01:46:18) Public Comment
Mayor Taylor opened public comment.
06:45:37 PM (01:46:24)Kevin Thane,Public Comment
State that the flashing yellow light and the reason for it was because the University moved parking spaces
across Kagy so that university employees and students cross Kagy to get to work or class. It was much
safer for students to cross at intervals. The hold up on people turning east on Kagy.
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06:47:39 PM (01:48:26)Renae Callihan,Public Comment
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Bozeman City Commission Meeting Minutes,December 5,2016
Was not in favor of the tax or the way that the tax was implemented. Suggestions for the future for
revenue was a gas tax and urged the city to continue to look into a gas tax as a win-win. Statistics on the
tourists and the amount they paid into gas was discussed.
06:50:51 PM (01:51:38)Andrew Holbert Public Comment
Stated that he was pleased to see the attention paid to level of service F. And asked that the commission
not hold up on those areas. Develop on those F level of service areas could not be completed per the code
until the intersections and projects were completed first.
06:52:34 PM (01:53:21)Cordell Pool,Public Comment
Stated that what public works has done here had been good and there was respect for the director for
using the funds for the improvements. He was supportive of the district and urged the commission to
continuing with financing the district.
06:54:31 PM (01:55:18) Public Comment Closed
Mayor Taylor closed public comment.
06:54:48 PM (01:55:35)Motion to adopt the Street Impact Fee Fund Capital Improvement Plan(CIP)
for Fiscal Years 2018-2022.
Commissioner-Chris Mehl: Motion
Commissioner-I-Ho Pomeroy: 2nd
06:54:54 PM (01:55:41) Discussion
CR Mehl supported the overall intent and plan and thought that we were leveraging money. We collect
more impact fees and money from developers to do this.The commission would do a gas tax if they could
but the county and the state were the ones in charge of doing that which has been denied.This was also
asked of the legislature of the state and they also declined to do it. On the 121h the commission would be
voting on priorities. Raising taxes was not something that the commission enjoyed but encouraged the
public to contact their state representative as well as get the county and MSU to help pay for some of
these street improvements.
The arterial and collector does go up at 2% in gradual increases and 5%for street impact fees.There has
been a lot of outreach to the state to get some type of extra revenue.
CR Pomeroy stated that she agreed with Cr. Mehl and stated that she agreed with the public comment.
She understood where the public was coming from and the commission has tried to try other options as
well as a gas tax.They have met with the county commissioners to try to find alternatives.
07:05:49 PM (02:06:36)Amendment to adopt the Street Impact Fee Fund Capital Improvement Plan
(CIP)for the street CIP to push back Griffin, r'and Rouse from 2019 to 2021.
Commissioner-Jeff Krauss: Motion
Commissioner-Chris Mehl: 2nd
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Bozeman City Commission Meeting Minutes,December 5,2016
07:07:12 PM 02:07:59 Discussion
CR Krauss stated that this looked like a huge project and putting a right hand turn lane onto north 71h
There were some issues with the M dot and wanted to move this to leave some wiggle room for Kagy and
to work out the situation with schedule F projects as well.This property was not located totally within the
city of Bozeman.
CR Mehl stated that Kagy was unscheduled and that we would have to unschedule Griffin if we were going
to bring Kagy on.The area was growing and the demand for traffic was there.
DM Andrus was not convinced that moving this would be a good idea and improvements to this road was
needed and reasons why this was added to the list needed to be considered.
CR Pomeroy stated that there were a lot of projects that needed to be completed. She supported this
amendment in order to balance all of the projects.
07:14:02 PM (02:14:49) Question of Staff
CR Mehl asked staff how they would address non city properties at that time?
Craig Woolard stated that Arterial and Collector funds and impact fees wholly paid for everything. They
could establish paybacks in order to recoup some of that money. Part of the reason for moving Griffin on
to the list was in anticipation of development in the future and pending development in that area.
CR Pomeroy asked about Storymill Park and when it would be finished. If it was moved to FY21, and FY22
what problems would exist? Staff stated that other developments would be delayed. Deficiencies would '
have to be addressed before other developments could be addressed.
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07:19:01 PM (02:19:48) Discussion Continued
Mayor Taylor stated that he would like to see this moved but would be open to moving this to 2020. He
was worried that if we push this more than 3 years we would have some concerns.
CR Krauss asked if the Mayor wanted him to move the schedule to 2020.
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07.21.46 PM (02:22:33)Friendly Amendment to the main motion to adopt the Street Impact Fee Fund
Capital Improvement Plan(CIP)for the street CIP to push back Griffin, I'and Rouse from 2019 to
2020.
Commissioner-Jeff Krauss: Motionjz
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Commissioner-Chris Mehl: 2nd
07:22:16 PM (02:23:02) Discussion continued
CR Krauss stated that we don't see issues until they were completed. He was concerned about
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prioritizing something on the edge of town as oppose to inner town issues.
07:23:59 PM (02:24:46) Vote on the Amendment to adopt the Street Impact Fee Fund Capital
Improvement Plan(CIP)for the street CIP to push back Griffin, 7th and Rouse from 2019 to 2020. The
amendment Passed 5-0.
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Bozeman City Commission Meeting Minutes,December5,2015
Commissioner-Jeff Krauss: 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
07:24:15 PM (02:25:02) Discussion on the Main Motion
Cr. Krauss stated that there were reasons for the Arterial and Collector. Cr. Krauss stated that the city
offers breaks for low income on utilities and garbage collection. The state offers low income breaks on
property taxes on the rate and there were tax breaks for someone over 62 there was an elderly tax credit.
The commission would need the cooperation from the county to help pay for all these improvements. It
was important that staff was working on this and how we deal with this issue. Working on the southwest
part of town(sourdough)as well as Graf and 3rd are important. Being able to do this plan on the southwest
side of town was important.
Mayor Taylor said that he was against the one flashing light by the football stadium. He doesn't see that
there was a choice for Kagyto not be in the unscheduled area.The area was exactly where student housing
should happen. Different governmental entities must work together to get funding to make the system
work. We need roads that function as well as they can.The school district, MSU,the County and the City
all need to work together to fix the streets.
DM Andrus stated that she agreed with everything that has been said and the city commission was looking
into local option taxes in order to try and get some relief to the citizens.The commission understood and
were working hard to get it done this session.
07:36:43 PM (02:37:30) Vote on the Main Motion to adopt the Street Impact Fee Fund Capital
Improvement Plan(CIP)for Fiscal Years 2018-2022. The motion passed 5-0.
Commissioner-Chris Mehl: Motion
Commissioner-I-Ho Pomeroy: 2nd
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl:Approve
Commissioner-I-Ho Pomeroy:Approve
07:36:59 PM (02:37:46)Motion to adopt the Arterial and Collector District Capital Improvement Plan
(CIP)for Fiscal Years 2018-2022.
Commissioner-Chris Mehl: Motion
Commissioner-I-Ho Pomeroy: 2nd
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Bozeman City Commission Meeting Minutes,December 5,2016
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07:37:28 PM (02:38:15) Discussion 1
CR Mehl stated that he worked very hard to adopt a local option tax every year and we will work
especially hard this year. A local option would be voted on,so the public would have to accept it.What
we could use it for would have to be voted on,there would have to be guaranteed property tax relief. It
would sunset so if people don't like it they can get rid of it. With the public's help they would have a j
better chance to succeed than not. i
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07:38:28 PM (02:39:15) Vote to adopt the Arterial and Collector District Capital Improvement Plan E
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(CIP)for Fiscal Years 2018-2022. The motion passed 5-0.
Commissioner-Chris Mehl: Motion
Commissioner-I-Ho Pomeroy:2nd
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Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl:Approve
Commissioner-I-Ho Pomeroy:Approve
07:38:56 PM (02:39:43) Commission Recess
Mayor Taylor called for a Commission recess until 7:50 PM.
07:50:31 PM (02:51:18)Commission Meeting Resumed
Mayor Taylor called the Commission meeting back in session at 7:50 PM.
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3. 07:50:41 PM (02:51:28) Resolution 4736, Creation of Special Improvement Lighting District
Number 736 for The Crossing at Baxter Meadows Phase 4F(Rosenberry) 7L! r
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07:50:52 PM (02:51:39)Staff Presentation
Administrative Services Director Anna Rosenberry gave a presentation on Resolution 4736, Creation of
Special Improvement Lighting District Number 736 for The Crossing at Baxter Meadows Phase 4F.The
location would be surrounding Tschache Lane, in the area of Vaquero Parkway. There would be an
electrical annual assessment to residents of$3.10.
07:51:58 PM (02:52:45) Questions of Staff
Mayor Taylor asked if there were any questions of Staff.
There were no questions of Staff.
Questions were closed.
07:52:02 PM (02:52:49) Public Comment
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Mayor Taylor asked for public comment.
There was no public comment.
Public comment was closed.
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Bozeman City Commission Meeting Minutes,December 5,2016
07:52:12 PM (02:52:59)Motion to approve Resolution 4736, the Creation of Special Improvement
Lighting District Number 736 for The Crossing at Baxter Meadows Phase 4F.
Commissioner-1-Ho Pomeroy: Motion
Commissioner-Jeff Krauss: 2nd
07:52:36 PM (02:53:23) Discussion
CR Pomeroy stated that she supported this lighting district.
CR Krauss was looking forward to 1,000.00 districts
07:52:S9 PM (02:53:46) Vote to approve Resolution 4736, the Creation of Special Improvement
Lighting District Number 736 for The Crossing at Baxter Meadows Phase 4F. The motion passed 5-0.
Commissioner-I-Ho Pomeroy: Motion
Commissioner-Jeff Krauss:2nd
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl:Approve
Commissioner-I-Ho Pomeroy:Approve
4. 07:53:17 PM (02:54:04)Continue the Public Hearing on Application 16404 for the Billion
Auto Plaza Zone Map Amendment from December 5, 2016 to December 19, 2016(Owens)
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07:53:29 PM (02:54:16)Staff Presentation
Policy and Planning Manager, Chris Saunders stated that due to calendar challenges, a request was
made to shift this for two weeks.The zoning commission would be meeting tomorrow and would need
to review this and act prior to the commission holding their public meeting.
07:54:02 PM (02:54:49)Questions of Staff
Mayor Taylor asked if there were any questions of Staff.
There were no questions of Staff.
Questions were closed.
07:53:57 PM (02:54:44) Public Comment
Mayor Taylor asked for public comment.
There was no public comment.
Public comment was closed.
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Bozeman City Commission Meeting Minutes,December 5,2016
07:54:04 PM 02:54:51 Motion to continue the public hearing on Application 16404 for the Billion
Auto Plaza Zone Map Amendment from December 5,2016 to December 19,2016.
Commissioner-Jeff Krauss: Motion
Deputy Mayor-Cynthia Andrus: 2nd
07:54:24 PM (02:55:11) Discussion
Mayor Taylor called for discussion.
There was no discussion.
Discussion was closed.
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07:54:25 PM (02:55:12)Vote to continue the public hearing on Application 16404 for the Billion Auto
Plaza Zone Map Amendment from December 5,2016 to December 19,2016. The motion passed 5-0.
Commissioner-Jeff Krauss: Motion
Deputy Mayor-Cynthia Andrus: 2nd
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
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Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl:Approve
Commissioner- I-Ho Pomeroy:Approve
5. 07:54:39 PM (02:55:26} Unified Development Code Update Infill Policy Framework
Presentation, Discussion, and Direction (Rogers) 7-_4am
07:54:47 PM (02:55:34)Staff presentation
The city manager stated that this was policy discussion and there were no recommended motions to take.
The staff simply asked the commission to give suggestions and direction. Planner Tom Rogers and Bob
Black well from Makers Architecture gave a presentation on the UDC update, specifically the Infill Policy
Framework for Discussion and Direction. Phase 2 of the process contained the completed tasks and the
implementation of the community plan. A design objectives plan as well as revisions and issues were f
revised. Staff took the existing code and tried to adapt it so that it worked better for the community.The
UDC tried to answer the question of why these changes were being considered to be changed. The ADU
specifically looked at multifamily homes and their design standards.Building elements, building materials,
maximization of space was discussed.
The second question that this presentation aimed to answer was if the city should adopt a block frontage
approach design in buildings in mixed use or commercial areas? Going this route would allow future
changes to be adaptable, eliminate the need for Entryway Corridor Overly and would be much more
transparent and predictable while allowing the ability to tailor the design to the neighborhood.This model
would apply everywhere.
The code had a lot of adaptability provisions that many developers do not use at this moment. Making
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Bozeman City Commission Meeting Minutes,December5,2016
the proposed changes would allow the planning department to promote a greater diversity of housing
and promote compatible infill development. Suggesting a decrease in lot sizes and reducing lot size
requirements as well as considering a maximum floor area ratio was discussed.
Tools such as height limit Daylight planes and housing diversity was discussed.The current code considers
infill until you get to larger sites. For sites over 3 acres it was suggested that the commission consider
retaining base density and integrate a density averaging approach to mix different types of lots.
08:55:21 PM (03:56:08) Questions of Staff
CR Mehl asked why this design was more adaptable than more standards and asked for clarification. Bob
Bankford said you could create these different types but still change them over time. It would not be a
one size fits all. Creating different standards of recognizing that there were other areas that were
changing. Updating the map would be easier especially when you consider annexations and variances.
Finding ways to do these changes that would not take too long to implement.
CR Mehl asked Bob Bankford to address the flexibility that they think they have and answer how
predictability would predictability work.
Mr. Bankford stated that there would be a minimum standard in some cases or outline where parking
could go. Setting parameters instead of open ended standards allows everyone to be flexible. Questions
about daylight plains was discussed as well as the challenges that setbacks would create. Cr. Mehl asked
if the design issues catch issues in R-1 and R-2 with less of an impact on neighbors?
Staff stated that if it seemed appropriate to create ADU's that are adaptable,that can be modulated they
could. Having density averaging and applying them based on the area is something that the commission
would have to look at.
CR Pomeroy asked Mr. Bankford how the flexibility and balance would work. Mr. Bankford stated if the
commission had clear standards it made things easier for the developer because they would know what
they were supposed to do or what they were allowed to do. Staff stated that strategically allowing
departures on certain things and meeting criteria's put in place by the commission would help.
09:12:10 PM (04:12:57) Public Comment
Mayor Taylor opened public comment.
09:12:36 PM (04:13:23)Robin Gammick,Public Comment
Wanted clarification on what infill meant based on what was presented by staff. Other situations that
weren't addressed where people that did not have an ally on their property. The north side would be a
great place to try these new ideas.She requested that the city consider the fact that not everyone had an
ally and liked that strategic flexibility was given.The asked the commission look at all possibilities.
09:14:34 PM (04:15:21)Richard Brown,Public Comment
Asked if there were a publicforum like this if they could move public comment to the front to allow people
to comment and go home. The definition of blight given by a previous public comment was deflating
property prices.The infill would be causing blight if R-4 and B-3 were right across from each other. As the
infill hits people who are not able to sell their home because of these changes would the commission
compensate them?This might cause sprawl as well because people would move because they might not
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want to live there because of the changes. He asked the commission to consider what would happen to j
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the people who already live there. i
09:17:31 PM (04:18:18)Kevin Thane, Public Comment
Appreciated the Mayorfor recognizing that not all public comment can be covered in three minutes.There
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has been time allotted for lot sizes but what's over lapping that is lot coverage. Mr.Thane wanted to ask
t,
the commission to direct staff to put into effect the encouragement of ADU's that might go in existing p
areas or Greenfield areas. He asked the commission to consider augmenting areas. The code revision
should look for creative and new solutions.Want to enter three studies into the record because they point 1
out the advantages of ADU's?
09:21:01 PM (04:21:48)Kate Brian, Public Comment i
Need to be careful about the codes that are established today and how they might affect the future.The
importance of neighborhoods need clarity on B-3 lots which border residential areas.Transition, context
and character needs to be addressed and considered. Looking at all the different zones, it is pretty clear
in the code how to handle B-3, B-4 lots.There is inconsistency with B-3 and residential high rises and
how they need to be handed. Ms. Brian requested that the commission ask for staff to clarify
recommendations to the B-3 zoning codes and make sure it was consistent with the neighborhood
3
references and emphasis in the community plan,the downtown improvement plan, and the NCOD
guidelines.
09:26:02 PM (04:26:49)Darrell Barrett Public Comment
Mr. Barrett stated that mixed use units worked in other places but Bozeman. The reason why this would
not work in Bozeman was because the developers only develop and sell lots. In Bozeman we need to be
careful of snow and icicles. Mr. Barrett stated that the proposed B-3 and R-2 coordination in between it
he had a feeling that it would be too late for what's in the Southside of downtown. Neighborhoods are
different.The Southside has historical neighborhoods where there are nice tree lined streets.We would
love the view extending to the property line.
09:30:10 PM (04:30:57)Brian Seagull, Public Comment
This is a big issue. On the accessory buildings he was for it. Infill for big and accessory buildings was
something that he would like to see. He liked that it doesn't contrite it all (parking) in one space. He felt
like he would need to keep up with the Jones because he could not sell his home if he does not build on
to his home to make it more profitable.This was a good way to keep the downtown vitalized. He
appreciated everyone looking into this especially utilizing what we already have. It would be easier for
him and those like him to implement.
09:33:43 PM (04:34:30)Clark Babcock,Public Comment
Comments on ADU's especially ally loaded in recently years has allowed fences to be placed up to the
property line. His ally has shrunk 25ft according to his deed to 15ft. By allowing a 5ft setback to the ally
property line and putting an ADU back there causes problems trying to back out when most people have
trucks.A suggestion was given to increase setbacks if there was going to be an ADU off of an Ally and
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Bozeman City Commission Meeting Minutes,December 5,2016
increase buildable lot sizes. Maybe the commission should consider increasing the space and the
number of people allowed to live in those homes.
09:36:37 PM (04:37:24)Loretta Domaieski,Public Comment
Had a hard time trying to figure out the transition issue between the B-3 into neighborhood.There are
not many 5 story buildings even by the highway unless they were the landmarks of downtown. It
seemed like Bozeman was creating a wall around the one story buildings. Ms. Domajeski felt that we
needed a height moratorium.
09:38:07 PM (04:38:54) Public Comment Closed
Mayor Taylor closed public comment.
09:38:13 PM (04:39:00) Questions of Staff Continued
CR Pomeroy asked Tom Rogers to explain why there had to be a limit for the number of people who
could live in an ADU. Staff stated that the ADU was subordinate to the primary owner.They wanted to
keep it limited to one or two people.
DM Andrus asked what we would be giving up if we went ahead with this plan. Staff stated that the
tools we adopt would capture all the good that we have now. We would have a pallet so that people
would have a chance to be flexible. Bob Bankford stated that there was nothing that would be missing
or lost moving forward with this. It would simply update what is already here to make it more user
friendly.
DM Andrus asked if there needed to be different standards in the B zoning district. Mr. Bankford stated
that there would be different standards for different zones.Tom Rogers stated that we would have a
number of different zones and differentiated zones in the right away. Staff acknowledged that there
were challenges ahead but stated that there were a lot of tools that could be used.
DM Andrus asked what was happening to the other side of the line if it is B-3 and R-2? Mr. Bankford
stated that there was currently no transition.
CR Krauss stated that he'd never seen a transition that was only one way. Doing this was creating a B-3
light zone.Suggestions to grant property owners a transition up so that they were equal to the other
side of them was given.
CR Krauss asked staff if they knew any place in town where B-3 adjoins R-1. Diverse neighborhoods was
something that Cr. Krauss liked and asked staff if they would apply this into new green field
development.The essence of zoning was discussed. Cr. Krauss asked staff how this tied into the original
idea of zoning that considered the health,safety, and welfare of the neighborhoods. Bob Bankford
stated that the intent of the ADU was for new commercial and multifamily units. R-1 to Cr. Krauss meant
single family housing.
09:59:54 PM (05:00:41) Meeting Extended
Mayor Taylor extended the meeting for 15 more minutes.
09:59:57 PM (05:00:44) Discussion Continued
CR Krauss stated that there was a reason for R zoning and that predictability was very important.
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Bozeman City Commission Meeting Minutes,December 5,2016
CR Mehl stated that he was good with what he stated previously.
DM Andrus stated that ADU's for green field was a good idea.The exceptions and options were also a
good idea.All across the board,ADU's would not be a good idea. New commercial and multi-family use
would work for this ADU. Doing something on both sides of the line seemed like a good idea. Bob stated
that the neighbors may not want that, and it was something that needed to be thought about
CR Pomeroy liked smaller housing on smaller lots because not many people have time to take care of
their lawns and they lived modern lifestyles now.
Mayor Taylor stated that he took the statement at its face value and took it to mean strictly Greenfield
and took it to mean not downtown. Tom Rogers stated that the standard should apply equally
everywhere and that it was not intended to apply to single family detached homes. Mayor Taylor
wondered what the problem was that ADU's was solving. Was it predictability,design,or something
else?ADU's should be more restrictive and there should be good reasons for it. The city had new
developments now that were good and worried that this design was solving a problem that does not
exist. Affordability was a problem we have now.Town houses and cottage housing... a problem of
transition needed to be thought about. We need to look at how we got to where we are and figure out
how much of the yard was being taken up. Parking needed to be considered.
CR Mehl stated that one of the issues was that the slide and the memo were different and not as clear
in the memo. He worries about transitions both ways that it may be taken too far.
DM Andrus asked if they got the direction they needed from the commission
CR Krauss stated that the challenge of blocks with the various plot areas makes him wondered what do t
you do with the plots of land?Anything you can repeal I will vote for it. Less will be more.
I
Mayor Taylor stated that this was long and some parts were a little complicated.
it
x.
10:16:03 PM (05:16:50) Meeting Extended 5 Minutes
Mayor Taylor extended this meeting five more minutes.
10:16:24 PM (05:17:11)Staff Response
Tom Rogers, associate planner stated that ADU's was a start and they would distill these ideas and
Y
comments and engage the public and board members.This would then come back for adoption so that t
staff could further refine any suggestions and ideas.
No motion is required.Advertised as Action Item so that Commission may direct staff as necessary.
6. 10:17:30 PM (05:18:17) Appointments to the Bozeman Tourism Business Improvement t
District (BTBID) Board of Trustees (Michalson) a
10:17:37 PM (05:18:24)Motion and Vote to reappoint Ashley Ogle and Andrew Ash to a term that
expires on July 31,2020 and Lisa Sebena to a term that expires July 31,2018 on the Bozeman Tourism
Business Improvement District Board of Trustees. The motion passed 5-0.
DeputV Mayor-Cynthia Andrus: Motion
Commissioner-Chris Mehl: 2nd
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Bozeman City Commission Meeting Minutes,December5,2016
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl:Approve
Commissioner-I-Ho Pomeroy:Approve
7. 10:18:21 PM (05:19:08)Appointments to the Design Review Board (DRB) (Michalson) 7 G
10:18:29 PM (05:19:16)Motion and Vote to change the appointment designation of Peter Costanti to
the non-professional position on the Design Review Board with a term ending on June 30,2018,and
appoint Walter Banziger to the professional position(architect)with a term ending June 30,2017. The
motion passed 5-0.
Deputy Mayor-Cynthia Andrus: 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
G. 10:18:59 PM (05:19:46) FYI/Discussion
• Start legislative agenda next week at 5:30?
• Vote next week on who would chair the Commission meeting.
10:19:51 PM (05:20:38) Meeting Extended
Mayor Taylor extended the meeting an additional 5 minutes.
• Figure out a time for receiving Public Comment in order to process it and let the public know
that they have an alternate method of providing public comment.
• The strategic plan retreat would be discussed from 2-5P.M. on Thursday 12/8 in the
Madison Room and on Friday. 12/9 from 10AM -313M
H. 10:23:26 PM (05:24:13)Adjournment
Mayor Taylor adjourned the meeting at 10:23 P.M.
j:
Cynthia Andrus
Deputy Mayor
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Bozeman City Commission Meeting Minutes,December 5,2016
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PREPARED BY:
Pearl Michalson
Deputy City Clerk
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