HomeMy WebLinkAbout04-11-17 City Commission Minutes k t
THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday,April 11,2017
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:Acting City Manager Chuck Winn,Assistant City Attorney Karen Stambaugh,
City Clerk Robin Crough, Community Development Director Marty Matsen, Development Review
Manager Brian Krueger
A. 06:00:00 PM (00:05:24)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:00 PM.
B. 06:00:12 PM (00:05:36) Pledge of Allegiance and a Moment of Silence
C. 06:01:12 PM (00:06:36)Changes to the Agenda
Mayor Taylor discussed the process of the meeting.
06:04:33 PM (00:09:57) Email Disclosure
Community Development Director Marty Matsen read into the record an email sent from him to Mayor
Taylor and a number of other staff regarding communications from ZipCar regarding a car share.
D. 06:07:12 PM (00:12:36) Public Comment
There was no public comment.
E. 06:08:01 PM (00:13:25)Action Items
1. 06:08:08 PM (00:13:32) Continued from April 3, 2017 Black Olive Site Plan and Certificate of
Appropriateness, 202 South Black Avenue,Application 16432 (Quasi-Judicial) (Krueger) "l-,a
Supplemental Memo: a
Bozeman City Commission Special Meeting Minutes,April 11,2017
06:08:44 PM (00:14:08)Jeannie Wilkinson,Public Comment
Ms. Wilkinson spoke in opposition to the project.She spoke that she doesn't trust the public input
process. She expressed doubts of the car share.
06:11:55 PM (00:17:19)John Preston,Public Comment
Mr. Preston spoke about neighborhood character,and that there are reasons the DRB rejected the
project. He also discussed the lack of parking.
06:15:02 PM (00:20:26)Katherine Ball,Public Comment
Ms. Ball stated she wanted projects that meet more than the minimum guidelines and that contribute to
the community/neighborhood.She stated the project does not fit.
06:18:56 PM (00:24:20)Cathy Cotstakis,Public Comment
Ms. Cotstakis discussed upcoming growth in Bozeman.She discussed a greater need for community
engagement on issues beyond just singular projects. She does have a parking concern as well as mass
and scale issues.
06:23:29 PM (00:28:53)Mary Patzitzer,Public Comment
Ms. Patzitzer discussed the meaning of"listening."She stated infill, not overfill,three stories,the
parking done right, provide covered bicycle parking, include affordable units, create common green
space,taper the building, be a community member, and how much is too much?
06:24:57 PM (00:30:21)Randy Peters,Public Comment
He referenced the temporary nature of the design guidelines previously adopted. He noted that the DRB
twice rejected the project. He stated this is a cherry-picking of code. He stated that this does not need to
be rushed, and more input is needed.
06:28:21 PM (00:33:45)Nolan Campbell,Public Comment
Mr. Campbell stated that this is a minor problem for Bozeman,there are more serious issues. He read a
letter from Blackmore owner, and his support of the project. He also discussed growth in Bozeman and
the need for housing.
06:31:45 PM (00:37:09)Russ Tuckerman Public Comment
Mr.Tuckerman stated that he is in favor of the project, and he urged approval of the project for the
community to have a stab at the car share. He stated that it is unfortunate that the DRB does not
support what staff does. He doesn't see the legal ground to deny.
06:34:54 PM (00:40:18)Brian Popiel,Public Comment
Mr. Popiel stated he was excited about the project. He noted that the neighborhood would be
supportive if there were the myriad of changes proposed, but no alternatives have been provided. He
urged compliance with criteria and guidelines.
06:38:23 PM (00:43:47)Kate Bryan,Public Comment
Ms. Bryan discussed the intent of code of the protection of adjacent neighborhoods. She discussed the
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Bozeman City Commission Special Meeting Minutes,April 11,2017
rushed process of the NCOD drafting, and the lack of neighborhood input. She stated the process is
flawed, bias, and unfair.
06:42:00 PM (00:47:24)Charlie West Public Comment
Mr. West stated that the definition of downtown, and discussed a larger, higher density area. He did
state concerns about parking. He asked for denial of the project.
06:45:48 PM (00:51:12)Matthew Kraska,Public Comment
Mr. Kraska recommended the Commission approve the project, based on how the Commission has
previously determined that downtown be developed. He discussed the southside's historical blockade of
development south of Main Street.
06:48:16 PM (00:53:40)Ai Kesselheim,Public Comment
Mr. Kesselheim recommended listening to the DRB and the constituency. He noted that one of the
major problems is the lack of response from the developer.
06:50:01 PM (00:55:25)Nyla Chandler,Public Comment
Ms. Chandler discussed concerns with the project specifically, not the development of the site in
general. She discussed the nature of public involvement in determining the area as B-3.
06:52:57 PM (00:58:21) Glen Monahan,Public Comment
Mr. Monahan is opposed to the project, as it will significantly impact the surrounding neighborhood
based on its size. He also expressed concerns with the parking, as well as a 24/7 car share. He stated
that the project does not fit architecturally.
06:56:05 PM (01:01:29)Jason Leap,Public Comment
Mr. Leap supports the project, but encouraged the City to stand behind development ordinances. He
discussed the need for high density, downtown housing. He discussed the need to curtail sprawl.
06:58:55 PM (01:04:19)Alison Udall, Public Comment
Ms. Udall lives and operates her business in the neighborhood.She discussed the multi-use downtown
nature of Germany,which has robust public transportation, but that Bozeman is very different.She
discussed the importance of balance and pleasant/lasting architecture.
07:02:06 PM (01:07:30)Susan Correls,Public Comment
Ms. Correls encouraged denial of the project,as it is too large and does not fit with the neighborhood
aesthetics.She noted the permanence of the project. She stated that maybe the zoning ordinances
weren't perfect, and why the project isn't right.
07:04:18 PM (01:09:42)Jeff Stevens,Public Comment
Mr.Stevens stated he is in support of development and the site, but this project in this form isn't
appropriate. He stated that the developer's provided car share information isn't relevant to Bozeman.
He requested the proposal go back to the developer.
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Bozeman City Commission Special Meeting Minutes,April 11,2017
07:06:38 PM (01:12:02) Tom Keck,Public Comment
Mr. Keck discussed high density, but he doesn't think downtown has the space to provide this level of
high density. He also discussed safety concerns with downtown in general.
07:09:56 PM (01:15:20) Tyler Nyman,Public Comment
Mr. Nyman stated that the project would drastically change the dynamic of the neighborhood. He stated
that it doesn't fit, and he's opposed to the project. He agrees there should be apartments and the site,
but there should be better parking.
07:13:05 PM (01:18:29)Bob Cruz,Public Comment
Mr. Cruz discussed the equitable building in NYC, and discussed the commercial aspect of the building.
There has been no discussion of parking for staff and customers for the business to be successful.
07:14:53 PM (01:20:17)Justin Eisel,Public Comment
Mr. Eisel discussed the hardships his family encounters being a one-car household. He also discussed the
lack of bike parking in addition to car parking. He discussed the influence of the developer. He asked the
Commission not to support the project.
07:17:59 PM (01:23:23) Connie Lange,Public Comment
Ms. Lange stated her opposition to the project,and that the car share will likely not be successful. He
discussed the impact on the neighborhood.She discussed the elitist developments in the downtown
halo.
07:21:02 PM (01:26:26)Scott Johnson,Public Comment
Mr.Johnson discussed the need for housing and infill in Bozeman. He strongly urged support for the
project.As a developer, he relies on guidelines, codes,and plans.
07:22:15 PM (01:27:39)Johnathan Pine,Public Comment
Mr. Pine supports the project, and stated that infill is critical in growing communities like Bozeman.
07:23:37 PM (01:29:01)Loretta Domnechesky,Public Comment
Ms. Domnechesky stated that she doesn't feel the DRB is being heard.She is concerned of the parking
and congestion.She discussed potential parking problems in the halo.She encouraged denial.
07:26:41 PM (01:32:05)Pat Templin,Public Comment
Ms.Templin noted the neighborhood parking study done last year,stating the neighborhood is already
85%full. She discussed infill vs.sprawl.
07:28:02 PM (01:33:26)Caitlin Odell,Public Comment
Ms. Odell discussed her experience having difficulty finding housing. She also enjoys the walkability of
downtown that her current housing provides. She supports the project.
07:29:46 PM (01:35:10)Ben Goodheart, Public Comment
Mr. Goodheart is excited about the Downtown Improvement Plan and its impact on the future. He
supports the project and stated how important it is for the Commission to follow these plans.
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Bozeman City Commission Special Meeting Minutes,April 11,2017
07:31:04 PM (01:36:28)Larry Pearson,Public Comment
Mr. Pearson supports the project and the zoning ordinances put in place. He supports infill, and
acknowledged challenges changes like this entail.
07:32:43 PM (01:38:07)Megan Romano,Public Comment
Ms. Romano supports the project, as she has recently moved her family here.The project adds more
opportunity for small business to grow in the downtown area.She supports the idea of a local
developer.She did acknowledge the parking problem, but it's city-wide.
07:34:11 PM (01:39:35)Nina Romano,Public Comment
Ms. Romano stated that the recent growth has provided opportunity for her family.The building will
give others opportunity her family was given.
07:34:57 PM (01:40:21)Suzanne Howe Public Comment
Ms. Howe stated that the project meets the letter of the law, but not necessarily the spirit given the
opposition. She discussed the recent R/UDAT process. Density should be strategically placed, but not at
Black and Olive.
07:38:09 PM (01:43:33)Bill Gasteur,Public Comment
Mr. Gasteur is concerned with parking and does not support the project. He detailed rentals and parking
issues.
07:40:37 PM (01:46:01)Sam Haraldson Public Comment
Mr. Haraldson noted that HRDC's Streamline riders are a very small percentage of the community. He
stated that realistically it is unlikely to remove vehicles, despite his potential support of high density and
car shares. But he stated that this project is a risk.
07:43:56 PM (01:49:20)Laura Fedro,Public Comment
Ms. Fedro discussed the comparative scale of the project. She discussed comments of City staff
regarding scale and zoning.
07:46:32 PM (01:51:56)Alan Kirk Public Comment
Mr. Kirk stated that Bozeman's growth exceeds what this project will provide. He discussed that impacts
of the growing halo will be significant on neighborhoods.
07:50:14 PM (01:55:38) Greta Dyckman,Public Comment
Ms. Dyckman is strongly opposed to the project,specifically because of inadequate parking.She also
noted the viewshed lost, as well as the compromised integrity of the historic neighborhood.
07:54:02 PM (01:59:26)Pete Dyckman,Public Comment
Mr. Dyckman is opposed to the project because of its height and parking issues. He discussed the need
for setbacks and parking for residents.
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Bozeman City Commission Special Meeting Minutes,April 11,2017
07:55:42 PM (02:01:06) Chris Gray, Public Comment
Mr. Gray provided a records request for information regarding the noticing and adoption of Resolution
4598,the NCOD.
07:57:55 PM (02:03:19) Cordell Poole,Public Comment
Mr. Poole noted that he felt the plans and code is under attack this evening. He supports the Downtown
Plan and incentives given to guide growth.
08:01:04 PM (02:06:28) Recess
Mayor Taylor called the Commission into recess until 8:10 PM.
08:13:03 PM (02:18:27) Call to Order
Mayor Taylor called the meeting back to order.
08:13:33 PM (02:18:57)Rose Valar, Public Comment
Ms.Valar discussed hers and her daughter's opposition to the project, as they love Bozeman how it is.
08:14:41 PM (02:20:05)Sumana PataVa, Public Comment
As a neighbor, Ms. Pataya opposes the building, having already experienced the congestion. She is also
concerned of the safety of her children given the traffic. She asked the Commission to consider the
historic neighborhood.
08:16:26 PM (02:21:50)Angela Kochelik,Public Comment
Ms. Kochelik urged the Commission to consider Bozeman's current residents, not potential residents.
She asked for preservation of what Bozeman already is.
08:19:45 PM (02:25:09)Jason BaseV,Public Comment
Mr. Basey is a local realtor and property manager,and he spoke of the current lack of supply in the
market all over Bozeman. He stated that mixed-use projects add value to nearby homes.
08:22:53 PM (02:28:17) TroV Share, Public Comment
Mr. Share, as a downtown business owner, discussed the housing needs of his own professional
employees. He encouraged the neighborhood to accept new neighbors.
08:24:31 PM (02:29:55)Jack Ranieri,Public Comment
Mr. Ranieri stated that he is opposed to the project as he is immediately adjacent. He stated the rules in
place were changed without his notification.
08:27:49 PM (02:33:13)Robert Doherty,Public Comment
Mr. Doherty has been building in the town for years, and that rules always change. He has seen more
challenges for his projects than this project.
08:30:13 PM (02:35:37) Collette Brooks-Hops, Public Comment
Ms. Brooks-Hops asked why the aesthetics of this building doesn't match what is required of other
downtown buildings.
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08:32:44 PM (02:38:08)Applicant Rebuttal
Andy Holloran,Applicant, distributed images of the Black Olive project and the Sobo project. He
discussed the similarity of the projects, and that the Sobo project was approved by the DRB. He brings
the issue up to improve the project. He stated that he did not receive recommendations from the DRB
that gave him something to return with. Mr. Holloran stated that he does seek out B-3 sites for
development. He stated that he's is committed to increasing bike parking. He discussed a commissioned
parking study. He stated that the risk in the project is him and his team,which is why he is confident in
the car share and alternative transportation ideas he is proposing. He stated that he hasn't seen there is
a parking shortage south of Main Street. He discussed night-time parking options. He noted the zoning
demarcation, and he discussed there could very likely be density adjacent to the project. He stated he
appreciated the feedback of the community, but reiterated that growth is coming.
08:45:56 PM (02:51:20) Questions of Applicant
CR Pomeroy asked for further detail about the car share service,the night-time parking share, and
parking concerning the coffee shop/employees.She asked what he would do if the car share doesn't
work?
08:52:37 PM (02:58:01)Questions of Staff
CR Pomeroy asked staff about the car share service. Mr. Krueger responded in detail.
CR Mehl asked Mr. Krueger to display the zoning map in the original presentation, and how long has the
area been downtown-zoned. He asked about the NCOD process and the level of public involvement, and
what it changed. He asked what the City's recourse is if the car share is failing in a year. Mr. Matsen
responded in detail. Ms.Stambaugh provided additional information.
09:05:31 PM (03:10:55)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 16432 and move to approve the Black Olive Site Plan and Certificate of
Appropriateness application subject to conditions and all applicable code provisions.
Deputy Mayor-Cynthia Andrus: Motion
Commissioner-I-Ho Pomeroy:2nd
09:06:02 PM (03:11:26) Discussion
DM Andrus thanked the developer for bringing forward a project that spurred discussion. She discussed
the gray area of the law, and the role of the Commission in interpreting code. She discussed the
downtown and its role in density and development, and neighborhoods. She stated this is the wrong
project in a place where the right one is needed,and she doesn't support the project.
CR Pomeroy discussed how different the project looks comparative to nearby neighborhoods. She
stated her job is to balance what is best for the community, and that she supports the project for a
number of reasons, including encouraging infill and abiding by ordinances enacted by previous
Commissions.
CR Krauss thanked staff and the applicant, and apologized for the xenophobia Mr. Holloran endured. He
discussed the role of the Commission in interpreting the letter of the law. He described the downtown
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plan and NCOD,as well as additional plans, in great detail. He stated this fits the current built
environment. He stated that the infrastructure issue,specifically parking, is the "but."
09:59:34 PM (04:04:58) Meeting Extended
Mayor Taylor extended the meeting until 11:00 PM.
09:59:41 PM (04:05:05) Discussion Continued
CR Krauss stated the risk is also on the Commission. It's a temporary solution to a larger problem. He
stated like it feels like the site is overbuilt.
CR Mehl thanked the public, applicant, and staff. He discussed civility, listening, and respect. He
discussed growth, but how do we control it. He discussed the economic,social, and environmental
impacts. He stated his concern about downtown becoming an entertainment center. He discussed
cumulative impacts, infrastructure,sprawl, and community character. He discussed the downtown
housing need.
Mayor Taylor discussed impending growth,and thinks the parking plan is insufficient. He discussed the
Commission's interpretation of plans and regulations. He discussed his support of density and the need
for more residents downtown.
10:50:04 PM (04:55:28) Recess& Meeting Extension
Mayor Taylor called a break for 5 minutes and extended the meeting until 11:30 PM,
10:57:18 PM (05:02:42)Call to Order
Mayor Taylor called the meeting to order.
10:57:49 PM (05:03:13) Discussion Continued
CR Krauss stated the parking is too undeveloped to further discuss tonight.
10:59:50 PM (05:05:14)Amendment that there be a new condition of a minimum of 32 bike storage
spots for this proposal.
Commissioner-Chris Mehl: Motion
Commissioner-Jeff Krauss: 2nd
11:00:18 PM (05:05:42) Discussion
CR Mehl stated this is something he would look at.
CR Krauss stated it makes sense.
Mayor Taylor stated this is guidance.
11:01:53 PM (05:07:17) Vote on the Amendment that there be a new condition of a minimum of 32
bike storage spots for this proposal. The motion passed 5-0.
Commissioner-Chris Mehl: Motion
Commissioner-Jeff Krauss: 2nd
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
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Bozeman City Commission Special Meeting Minutes,April 11,2017
Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl:Approve
Commissioner-I-Ho Pomeroy:Approve
11:02:11 PM (05:07:35) Discussion
CR Mehl discussed shared use parking.
11:02:31 PM (05:07:55)Amendment to change from 4 car share spaces to one car share shared space.
Commissioner-Chris Mehl: Motion
Commissioner-Jeff Krauss: 2nd
11:02:38 PM (05:08:02) Discussion
CR Mehl stated he is ready to try this on a small scale.
CR Krauss stated the project is still short.
Mayor Taylor stated that he still supports one space per unit.
DM Andrus supports one car share, but still feels strongly there are a lot of loose ends.
11:06:03 PM (05:11:27) Vote on the Amendment to change from 4 car share spaces to one car share
shared space. The motion passed 5-0.
Commissioner-Chris Mehl: 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
11:06:18 PM (05:11:42) Discussion
CR Mehl discussed inconsistencies with parking on nearby streets.Assistant City Attorney clarified that
CR Mehl's motion is a condition.
11:08:37 PM (05:14:01) Vote on the Motion as Amended that having reviewed and considered the
application materials,public comment, and all the information presented, l hereby adopt the findings
presented in the staff report for application 16432 and move to approve the Black Olive Site Plan and
Certificate of Appropriateness application subject to conditions and all applicable code provisions. The
motion failed 1-4.
Deputy Mayor-Cynthia Andrus: Motion
Commissioner- I-Ho Pomeroy: 2nd
Deputy Mayor-Cynthia Andrus: Disapprove
Commissioner-Jeff Krauss: Disapprove
Mayor-Carson Taylor: Disapprove
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Bozeman City Commission Special Meeting Minutes,April 11,2017
Commissioner-Chris Mehl: Disapprove
Commissioner- I-Ho Pomeroy:Approve
11:09:17 PM (05:14:41)Motion to instruct staff within 90 days to have a meeting of the Parking
Commission to discuss the parking situation around this neighborhood,especially Tracy and Bozeman,
as well as why there is no overnight parking on Tracy and Bozeman when the City doesn't plow them
each week.
Commissioner-Chris Mehl: Motion
Commissioner-Jeff Krauss: 2nd
11:10:15 PM (05:15:39) Discussion
CR Mehl stated that he'd like to have this discussion.
DM Andrus stated it is good timing with the Parking Commission.
CR Krauss stated that back-in parking at Culbertson should be looked at, and engineering staff should be
brought in.
11:12:38 PM (05:18:02) Vote on the Motion to instruct staff within 90 days to have a meeting of the
Parking Commission to discuss the parking situation around this neighborhood, especially Tracy and
Bozeman, as well as why there is no overnight parking on Tracy and Bozeman when the City doesn't
plow them each week. The motion passed 5-0.
Commissioner-Chris Mehl: 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
F. 11:12:55 PM (05:18:19) FYI/Discussion
1. Mayor Taylor reminded the Commission that there are two meetings next week.
2. CR Krauss noted that there will be a special Midtown meeting on Thursday.
G. 11:13:39 PM (05:19:03)Adjournment
Mayor Taylor adjourned the meeting at 11:13 PM.
Carson Taylor
Mayor
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Bozeman City Commission Special Meeting Minutes,April 11,2017
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