HomeMy WebLinkAbout11-07-16 City Commission Minutes i
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
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MINUTES
Monday,November 711,2016 s
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Deputy Mayor-Cynthia Andrus: Present
Commissioner-Jeff Krauss: Present
Mayor-Carson Taylor: Present
Commissioner-Chris Mehl: Present
Commissioner-I-Ho Pomeroy: Present
Staff present:City Manager Chris Kukulski, City Attorney Greg Sullivan, and Deputy City Clerk Pearl
Michalson,
A. 06:01:46 PM (00:01:58)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. 06:01:50 PM (00:02:02)Pledge of Allegiance and a Moment of Silence
C. 06:02:51 PM (00:03:03)Changes to the Agenda
There were no changes to the agenda.
D. 06:02:54 PM (00:03:06)Public Service Announcements
1. City Offices Closed November 8, 2016 for Election Day and November 11, 2016 for Veterans'
Day
E. 06:03:32 PM (00:03:43)Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 7..0
2. Approval of Depository Bonds and Pledged Securities as of September 30, 2016(Clark)
3. Approve a Beer and Wine License for Rocky Mountain Un-Knotted, LLC of Bozeman, Montana
to Sell Beer and Wine at 708 North Rouse Avenue (Pitcher/Clark) 07`.4z a
4. Approve the Final Plat for the Southbridge Phase 5 Subdivision and Authorize the Director of
Public Works to Execute the Same on Behalf of the City of Bozeman (Rogers) 7L!
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Bozeman City Commission Minutes,November 7,2015
5. Authorize the Mayor to Sign the Findings of Fact and Order for the Lakes at Valley West Phase
3 Preliminary Planned Unit Development,Application 16319(Quasi-Judicial)(Saunders) 7 a
6. Authorize the City Manager to Sign an Easement Agreement with the Help Center, Inc. for
Private Well Access (Poissant) L!
7. Authorize the City Manager to Sign a Water Pipeline and Access Easement and Agreement, a
Release and Reconveyance of Easements (20' Wide Utility Easement), and a Release and
Reconveyance of Easements(Sewer and Water Pipeline and Access Easement)with Montana
Growth Opportunities LLC for the Town Pump!Number 7 Site Plan Modification (Kohtz) 7La
8. Authorize the City Manager to Sign a Professional Services Agreement with think2perform for
Professional Development for Mid and Upper Level Management (Winn) =!
9. Authorize the City Manager to Sign a Software as a Service Agreement with FATHOM Water
Management Inc.for Customer Water Usage Data Presentment Services(Leoniak) 7La
10. Authorize the City Manager to Sign Addendum 1 to the License Agreement with Bozeman
Fiber for the Use of City Conduit(Fine) 7".a
11. Authorize the City Manager to Sign Amendment 6 to the Professional Services Agreement
with Morrison-Maierle for the North 7th Avenue Lighting and Sidewalk Project(Fine) I a
12. Authorize the City Manager to Notify Crowley Fleck of Selection as Lobbyist for 2017 Montana
Legislature and Authorize the City Manager to Sign a Professional Services Agreement Upon
Approval of City Attorney(Kukulski) �a
13. Resolution 4735,Intent to Create a Special Improvement Lighting District 736 forThe Crossing
at Baxter Meadows Phase 4F(Clark) k 4
14. Resolution 4739,Supporting the Application to the Big Sky Economic Development Trust Fund
Program Administered by the Montana Department of Commerce, on Behalf of onXmaps
(Fontenot) + D
15. Resolution 4746, Authorizing Change Order Number 3 with Saunders Line Construction for
the 2016 Downtown and North 7th Conduit Project (Fine/Naumann) !
16. Ordinance 1667 Final Adoption, a Zone Map Amendment to Establish Zoning of R-2 at 2829
West Babcock Street,Application Z-05182 (Saunders) ""4J
17. Ordinance 1915 Final Adoption, a Text Amendment of the Bozeman Municipal Code to
Establish Criteria and Procedures for Accepting Cash In-Lieu of Capital Facilities, Application
16377(WerBell) a
18. Ordinance 1959 Final Adoption, a Text Amendment of the Bozeman Municipal Code to
Establish Standards for Granting a Waiver from the Intersection Level of Service
Requirements,Application 16377 (WerBell) !
19. Ordinance 1966 Final Adoption, a Zone Map Amendment to Revise the Zoning Map from R-2
(Residential Medium Density) to R-4 (Residential High Density) on a Portion of a Parcel on
0.880 Acres Located at Story Mill Road and Hillside Lane,Application 16300(Rice) a
06:03:41 PM (00:03:53)City Manager Overview
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City Manager Kukulski gave a brief overview of consent items 1-19.
06:06:56 PM 00:07:07 Public Comment on Consent Items 1-19
Mayor Taylor opened public comment on Consent Items 1-19.
There was no public comment.
Public Comment was closed.
06:07:17 PM (00:07:29),Motion and Vote to approve Consent Items 1-19 as submitted. The motion
passed 5-0.
Deputy Mayor-Cynthia Andrus: Motion
Commissioner-Chris Mehl: 2nd
Deputy Mayor-Cynthia Andrus:Approve
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Commissioner-Jeff Krauss:Approve g
Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl:Approve
Commissioner- I-Ho Pomeroy:Approve
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F. 06:07:28 PM (00:07:40) Public Comment
Mayor Taylor opened general public comment.
There was no public comment. _.
Public comment was closed.
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G. 06:08:50 PM (00:09:02)Action Items
1. 06:08:50 PM (00:09:02) Adoption of Story Mill Community Park Master Plan (Poissant) 1!�
Supplemental Materials: ~a
06:09:17 PM 00:09:29 Questions
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CR Krauss asked if the commission received a copy of the Master Plan and made a point of order that
the commission only got references of the plan and not enough information on what the master plan
was.The presentation should be to call attention to the points that were given in the plan.
Mayor Taylor stated that the commission would listen to the staff presentation before deciding if they
would move forward with discussing the presentation as expected or move this discussion to a later
date.
06:11:48 PM 00:12:00 Staff Presentation
Carolyn Poissant gave a brief overview of the adoption of the Story Mill Community Park Master Plan.
The park layout and phasing plan such as turning lanes,splash pads,teaching gardens,and bridges was
discussed. Public comment, road construction along Griffin road was discussed. Program elements such i
as custom playground elements,open lawn and picnicking, parking for up to 170 vehicles,an interactive
water feature, restrooms, offices and other improvements on the 60 acre lot was discussed. Illustrations
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were shown to demonstrate what the future changes would look like.
06:25:26 PM 00:25:38 Questions for Staff
Mayor Taylor asked about the Story Mill Community Park master plan and where the electronic location
was and verified that the commission only received an electronic copy and not a hard copy of the
master plan.
CR Pomeroy asked about the money that was allocated for the park infrastructure,the trust for the
public land
CR Krauss asked what the result of the park and recreation board on the master plan and stated that
this was not in the original report and asked how many public hearings were held. Clarification about
the phase one improvement process was asked which the staff responded. Clarification about what the
commission was approving was asked.
Carolyn Poissant gave a breakdown about how changes to a park is done between the Park and
Recreation Board and Community Development.
CR Krauss also asked staff to clarify and breakdown the budget in this master plan.
DM Andrus asked if there were no other waivers in this park plan would this not come back to the
commission. Staff responded that they would not. Completion date of phases and what would be
completed in each phase was asked about and discussed by staff. Pitfalls and unforeseen
circumstances were discussed between the commission and staff.
CR Mehl asked staff to clarify the requirements of public meetings and asked to speak to Sean Kotz
CR Mehl asked staff what would trigger the city to work on arterial and collector streets? Mr. Kotz
stated that the trigger to create the work would be development along the phase boundary. Projects
bordering undeveloped lands would trigger work on streets as well.
CR Krauss asked staff about clarification of the applicant paying its share of the street improvement of
an arterial and collector district.
Mayor Taylor asked if the master plan goes as planned,that city would put up 4.5 mil and trust for
public lands would pay double that, which staff responded yes.
CR Mehl reminded the public not to take Story Street to cut through L; it was closed due to construction.
Chis Kukulski, City Manager gave clarification about how arterial and collector money is used.The
commission and staff discussed in detail all the criteria that would utilize arterial and collector money to
cover a project.
DM Andrus asked Director Craig Woolard for clarification on how funds are used from the arterial and
collector budget for parks to which both staff responded in detail.
CR Krauss asked the Director of Community Development about the master plan process.
07:01:56 PM (01:02:08) Public Comment
Mayor Taylor opened public comment.
07:02:02 PM (01:02:13)Maddy Pope,Public Comment
Maddy Pope works for the trust of public land and thanked the commission for considering this plan and
gave a timeline of when the park would be opened. Restorations that were done was discussed and
ways that this parkland would be used was also discussed in detail. She thanked the city particularly the
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parks department and felt that the collaboration was working very well.
07:04:55 PM (01:05:06) Terry Cunningham,Public Comment
Executive Director of Run Dog Run, discussed allowing dogs on public lands and that working with the
trust for public lands has been a positive experience. Off lease regulations sanctioned inside public parks
has been discussed. Encouraged the approval of the masterplan and fast tracking as much possible the
future development of the triangle where the off leash dog park would be.
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07:07:04 PM (01:07:16)Renae Callahan Public Comment
Very much applauded the Trust of Public Land and staff with building this. Consideration about where
the dogs are allowed to go off leash was discussed.Alternative revenue sources to the arterial and
collector was discussed.Asking the commission to think about what people can afford based on the
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increase in the arterial and collector was asked.
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07:10:13 PM (01.10:25) Public Comment Closed
Mayor Taylor closed public comment.
07:10.19 PM (01:1.0:31)Motion that In consideration of all public input,staff presentation, and
information received to date,I hereby move to approve adoption of the Story Mill Community Park
Master Plan in accordance with the Bozeman Municipal Code Section 26.02.220.
Commissioner-Chris Mehl: Motion
Commissioner- I-Ho Pomeroy: 2nd
07:10:38 PM (01:10:50) Discussion {
CR Mehl will be supporting this motion and stated that this park would serve all residence. Impressed
with design and the funding of the road would have to be considered in the future.
CR Pomeroy agreed with CR Mehl and stated that the private money spent and all the activities on this
design was good.
CR Krauss thanked the Trust for Public Land,specifically their efforts to do something with this property.
With regards to the issues brought up in the beginning, he would have liked to see bullets in the master
plan that broke down the approval process or a flow chart with if/than scenarios would have been
preferred. Road construction and cost was also briefly discussed. Requests for more comprehensive
reports was asked of staff, if not a comprehensive memorandum that deals with the sticking points and
budget was requested.
DM Andrus stated that she was supporting this plan and the TOPS would not have gotten this done
without the time and effort spent by Run Dog Run and The Trust for Public Land.Any issues that would
come up,she hopes would come back to the commission so that they could find a solution. Other
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solutions about how to pay for this infrastructure was discussed.
Mayor Taylor addressed alternative tax methods and stated that the commission recognized the tax
burden of citizens.This park would be unique to Bozeman and the Mayor was very excited about this
project for the community.
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07:29:22 PM (01:29:33) Vote that in consideration of all public input,staff presentation,and
information received to date,I hereby move to approve adoption of the Story Mill Community Park
Master Plan in accordance with the Bozeman Municipal Code Section 26.02.220. 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
07:29:43 PM (01:29:54) Recognition
Mayor Taylor and Chris Kukulski gave recognition to staff and all those involved in this project.
07:30:26 PM (01:30:37)Commission Recess
Mayor Taylor called for a recess until 8:10 PM.
07:41:23 PM (01:41:35)Commission Resumed
Mayor Taylor called the Commission meeting back into session at 7:41 PM.
2. 07:41:27 PM (01:41:38) Continuation of Public Hearing on Changes to the Unified
Development Code for Water,Part 1,from November 7,2016 to November 21,2016(Owens)
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07:42:23 PM (01:42:35)Staff Presentation
Chris Saunders discussed continuing this project on November 71h 2016 to November 21"2016.
07:42:31 PM (01:42:43) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Public Comment was closed.
07:42:35 PM (01:42:47)Motion to continue the public hearing on the Application for Unified
Development Code Text Amendment 2D, Water Part I from November 7,2016 to November 21,2016.
Commissioner- I-Ho Pomeroy: Motion
Commissioner-Jeff Krauss: 2nd
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07:42:58 PM (01:43:09) Discussion
CR Krauss stated he would be willing to move everything in order to see what the cumulative efforts
turned into.
CR Mehl stated that his in on UDC advisory group as well as zoning and planning and that there would
be a second opportunity to discuss this by the commission and explained why this was continued in the
way that it was. f
Mayor Taylor stated that is would behoove to wait and see how this process ends up without rushing it. t
CR Krauss wanted to make sure that there was a larger discussion later.
07:46:54 PM (01:47:06)Vote to continue the public hearing on the Application for Unified
Development Code Text Amendment 2D, Water Part 1 from November 7,2016 to November 21,2016.
The motion passed 5-0.
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Commissioner-I-Ho Pomeroy: Motion
Commissioner-Jeff Krauss:2nd
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
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Mayor-Carson Taylor:Approve i
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Commissioner-Chris Mehl:Approve
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Commissioner-I-Ho Pomeroy:Approve
3. 07:46:58 PM (01:47:10) Resolution 4742, Amending Annual Assessments for the Tourism
Business Improvement District (TBID) for Fiscal Year 2017 to Correct the Assessment for the
Lark Hotel (Rosenberry) 7_4
07:47:22 PM (01:47:33)Staff presentation
Anna Rosenberry gave a brief presentation on Resolution 4742,Amending Annual Assessments for the
Tourism Business Improvement District(TBID)for Fiscal Year 2017 to correct the Assessment for the
Lark Hotel.
07:48:43 PM (01:48:54)Questions of Staff
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CR Mehl asked staff how they discovered that there was not enough money being taxed. On the district t
level,the financial administrative services director was notified of the error so that they could correct it
CR Krauss asked if these changes would be limited to the new hotels and staff responded
DM Andrus asked what quarter this was.
CR Pomeroy asked if this hotel was booked on a consistent basis over the summer
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07:51:41 PM (01:51:53) Public Comment
Mayor Taylor called for public comment.
There was no public comment.
Public Comment was closed.
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07:51:51 PM (01:52:03)Mation to approve Resolution 4742,Amending Annual Assessments for the
Tourism Business Improvement District(TBID)for the Fiscal Year 2017 to correct the Assessment for
the Lark Hotel.
Commissioner-Jeff Krauss: Motion
Deputy Mayor-Cynthia Andrus: 2nd
07:52:16 PM (01:52:28) Discussion
There was no discussion.
07:52:36 PM (01:52:48) Vote to approve Resolution 4742,Amending Annual Assessments for the
Tourism Business Improvement District(TBID)for the Fiscal Year 2017 to correct the Assessment for
the Lark Hotel. The motion passed 5-0.
Commissioner-Jeff Krauss: 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
4. 07:52:39 PM (01:52:51) Reappointment to the Board of Ethics (Michalson) 7 a
07:52:51 PM (01:53:03)Motion to reappoint Chris Caraaway to the Board of Ethics with an updated
term expiring July 31,2018.
Deputy Mayor-Cynthia Andrus: Motion
Commissioner-Chris Mehl: 2nd
07:53:03 PM (01:53:14) Discussion
CR Mehl asked future applicants not reference government employees in their paperwork.
CR Krauss echoed what CR Mehl stated.
07:55:16 PM (01:55:28) Vote to reappoint Chris Caraway to the Board of Ethics with an updated term
expiring July 31,2018. The motion passed 5-0.
Deputy Mayor-Cynthia Andrus: Motion
Commissioner-Chris Mehl: 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
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H. 07:55:21 PM 01:55:33 FYI/Discussion
• 07:55:34 PM (01:55:46)Special Presentation
Chris Kukulski gave a presentation on a news story given on resort taxes and how it points out
the positive benefit to citizens. Bozeman could use a resort tax as a way to help citizens with
taxes.
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• 08:00:04 PM 02:00:16 Unified Development Code Update Progress Report and Infill Policy
Framework Preparation (Rogers) 1&.4-
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08:00:30 PM (02:00:41)Staff presentation
Chris Saunders discussed the definition of infill and key discussions that this updated UDC would cover.
Various alternatives to what infiil would look like was discuss as well as unique challenges. Base zoning
standards, and accessory buildings were discussed.
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08:06:49 PM (02:07:01)Questions for Staff 4
DM Andrus stated that there were no percentages or completion dates on this plan and asked for staff
to clarify. Staff stated that they were not sure at this time but as things changed,that information would l
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be added
CR Mehl asked staff to outline the process.
Chris Saunders stated that this would be presented to the planning and zoning board in the next two
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weeks.
CR Pomeroy asked what predictability meant and staff responded in detail as far as the process goes
and the standard that would be applied would be well defined and presented.
CR Pomeroy also asked about the wetland review and clarification about that part in the UDC Code
update framework as well as affordable housing.
CR Krauss made a point of order or request to asked if there was public comment.
Mayor Taylor asked if there best course of action would be to email staff with his question to which
staff responded yes. Flexibility of the schedule was also asked and discussed between staff and the -
commission.
CR Mehl asked if citizens have a list of questions they are free to email the information to Cr. Mehl.
08:14:08 PM (02:14:20) Public Comment g
08:14:20 PM (02:14:32)Kevin Thane,Public Comment
Stated that he hoped that staff could make some changes to ADU's and their availability because they
would add to our affordable housing supply. Restrictions were also discussed when it came to ADU's.
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The difference between Greenfield and Infill ADU's was discussed and what would as well as could not
be offered. Lot sizes was also discussed.
08:17:30 PM (02:17:42) Public Comment Closed
Mayor Taylor closed Public Comment.
• 08:17:44 PM (02:17:56)Staff Announcement
Chris Saunders wanted the commission to be aware that there was a request to modify the
Bozeman Tap Room's beer and wine alcohol permit to a full alcohol permit was requested by this
establishment and came through Community Development. Modifications are not normally
reviewed by the commission but at the request of the commission this could be put on an agenda.
CR Krauss stated that he would like it on an agenda.
Mayor Taylor concurred and reminded everyone to go out and vote.
I. 08:20:47 PM (02:20:58)Adjournment
Mayor Taylor adjourned the meeting at 8:20 PM.
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City Clerk
PREPARED BY:
Pearl Michalson
Deputy City Clerk
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Approved on:
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