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Home My WebLink About04-03-17 City Commission Minutes 4° Bozo G 9� CON 8_ N Co.0 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,April 03,2017 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,City Attorney Greg Sullivan, City Clerk Robin Crough, Development Review Manager Brian Krueger,Community Development Director Marty Matsen A. 06:01:14 PM (00:02:21)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:01 PM. B. 06:01:27 PM (00:02:34) Pledge of Allegiance and a Moment of Silence C. 06:02:56 PM (00:04:03)Changes to the Agenda Consent Item 3 was pulled and moved to the first item on the Action agenda. Acting City Manager Chuck Winn made and announcement regarding occupant load. Mayor Taylor discussed the process for public comment due to the crowd. Commissioner Mehl asked about the order of the agenda. D. 06:07:01 PM (00:08:08)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) -..G 2. Approve the Impact Fee Credit IFCR-1701 for the Signalization of the Intersection of Ferguson Avenue and Babcock Street, and Authorize the Acting City Manager to Sign the Funding Contract(Saunders) 45 3. AppFave the Final PI-;# feF The Lakes at Valley We-,# Phase SubdivisieR' A--IthArkze the „f the City of❑ -,,,ma, �c ..,� �� ' `-� MOVED TO ACTION AGENDA Page 1 of 12 Bozeman City Commission Meeting Minutes,April3,2017 4. Approve the Request for Cash In-Lieu of Parkland Dedication for the Professional Drive Apartments Site Plan, Located at 766 & 776 Professional Drive, Application 17090 (Quasi- Judicial) (WerBell) 7 4z 5. Ratify the Street Division's Grant Submission for the 2017 Montana Air and Congestion Initiative (MACI) Equipment Purchase Program to Purchase a Water Flush Truck and/or Sweepers (Vandelinder) 7_a 6. Authorize the Acting City Manager to Sign the License Agreement with BoTrails, LLC for Bozeman Pond Park Trail Work(Poissant) . a 7. Authorize the Acting City Manager to Sign the Notice of Award and Purchase Agreement with Rocky Mountain Truck Center for One(1) New 2017 Asphalt Patching Machine (Vandelinder) "I-a 8. Authorize the Acting City Manager to Sign Task Order Number 3 with DOWL for the Design of Four In-Line Stormwater Treatment Units Located Nearthe Intersections of West Main Street and North 3rd Avenue, West Main Street and North Grand Avenue, West Main Street and North Willson Avenue, and West Main Street and North Tracy Avenue (Mehrens) 07- a 9. Resolution 4794, Selecting a Bond Purchase Proposal for Northeast Urban Renewal District Bonds and Enter into Negotiations forthe Purchase of Tax Increment Urban Renewal Revenue Bonds(Fontenot) "-a 06:07:07 PM (00:08:14)City Manager Overview Acting City Manager Winn provided a brief overview of Consent Items 1, 2,4-9. 06:09:25 PM (00:10:32) Public Comment on Consent Items 1, 2,4-9 There was no public comment. 06:09:43 PM (00:10:50)Motion and Vote to approve Consent Items 1,2,4-9 as submitted. 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 E. 06:10:20 PM (00:11:27)Special Presentation/Mayoral Proclamation 1. Equal Pay Day Presentation and Proclamation (Jorgenson/Taylor) 06:10:42 PM (00:11:48)Special Presentation Melissa Herron with Bozeman BPW presented on Equal Pay Day. Babs Noelle discussed her experience Page 2 of 12 Bozeman City Commission Meeting Minutes,April 3,2017 with the gender pay gap. Marjorie Seymour discussed her family history and the positive impact of equal pay. City of Bozeman HR Manager Bethany Jorgensen provided an annual progress report regarding equal pay.She discussed the data collection, positive changes,the utilization of best practices in the administration of pay, and goals for next year. 06:24:36 PM (00:25:43) Mayoral Proclamation Mayor Taylor presented the 2017 Equal Pay Day Proclamation. F. 06:29:01 PM (00:30:08) Public Comment 06:30:07 PM (00:31:14)Marilee Brown Public Comment Ms. Brown discussed SB 251 and the fact that the City of Bozeman had a lobbyist lobbying for the short- term rental bill. G. 06:33:23 PM (00:32:44)Action Items Consent Item 3.06:33:23 PM (00:32:43)Approve the Final Plat for The Lakes at Valley West -Phase 3 Subdivision,Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman, and Authorize the Director of Community Development to Execute the Improvements Agreement on Behalf of the City of Bozeman (Saunders) 07=5_4- 06:33:44 PM (00:33:05)Staff Presentation Policy and Planning Manager Chris Saunders discussed the final plat and the typical process. 06:34:42 PM (00:34:02)Questions of Staff DM Andrus asked why this final plat was unusual. 06:35:48 PM (00:35:09) Questions of Applicant DM Andrus asked the applicant to clarify the project and payment plan. 06:37:24 PM (00:36:44) Public Comment There was no public comment. 06:37:34 PM (00:36:55)Motion and Vote to approve the final plat for The Lakes at Valley West—Phase 3 Subdivision,authorize the Director of Public Works to execute the same on behalf of the City of Bozeman,and authorize the Director of Community Development to execute the Improvements Agreement on behalf of the City of Bozeman. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Page 3of12 Bozeman City Commission Meeting Minutes,April 3,2017 Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 1. 06:38:16 PM (00:37:37) Black Olive Site Plan and Certificate of Appropriateness, 202 South Black Avenue,Application 16432 (Quasi-Judicial) (Krueger) 0 a 06:38:34 PM (00:37:54) Disclosures CR Krauss has had informal,ex parte communications with community members, and attended public meetings. CR Mehl has also had ex parte conversations since the submittal, none were extensive. He attended DRB. DM Andrus has had conversations prior to the formal submittal of the application, and attended DRB. CR Pomeroy also attended the last DRB meeting. Mayor Taylor has had inadvertent conversations since the submittal, and been to a number of community meetings. 06:42:55 PM (00:42:16)Staff Presentation Development Review Manager Brian Krueger entered relevant material into the record and presented on the Black Olive Site Plan. He discussed the project location,site plan,the vicinity,the current existing building, civil drawings,the level 1 plan (including parking),the landscape plan, building elevations,the initial design, and height and width comparisons to adjacent buildings. He noted the public comment received for the project during its multiple iterations,the findings presented in the report, and the recommended conditions of approval.The recommendation is to approve with conditions.The unresolved issues exist with the DRB denying recommendation, and the car share program, both discussed in further detail. 07:16:30 PM (01:15:51)Questions of Staff CR Krauss appreciated the staff report. He asked that Mr. Krueger answer publically the questions the Commission asked earlier. CR Mehl asked if there are any variances or deviations, or relaxations. He asked the City Attorney about the Commission's discretion regarding a car share. He asked about other citys' requirements for downtown parking. He asked about provided bike slots. He also asked about traffic study's findings. City Development Review Engineering Shawn Kohtz responded in detail. He asked about street parking policy. He asked for examples of the higher level of project design. He asked about the differences between this and the previously approved Lark. He asked why the ride share materials were only recently received. He asked if residential preference will be given with the upcoming parking plan review. CR Pomeroy asked if the City was going to be creating a neighborhood parking district.Acting City Manager Winn responded. She asked about street parking requirements. Page 4of12 Bozeman City Commission Meeting Minutes,April 3,2017 DM Andrus asked about staffs comparison of this project to R-2 zoning. She asked if neighborhood character is considered. Mayor Taylor asked about the length of the building compared to the federal building. He asked if it was considered whether the car share program would work or not work. Community Development Director Marty Matsen responded in detail. CR Mehl asked if it will matter if it's a condo or a rental in the efficacy of the car share? 07:56:17 PM (01:55:38) Recess Mayor Taylor called the Commission into recess until 8:05 PM. 08:10:48 PM (02:10:09) Call to Order Mayor Taylor called the meeting back to order at 8:10 PM. 08:11:48 PM (02:11:09)Questions of Staff Continued Mr. Krueger answered an email question as to whether adjacent zoning used to be something else. He also answered if the application was within the trip exchange district for impact fee reductions. 08:14:18 PM (02:13:39)Applicant Presentation Applicant Andy Holloran commended the staff for their report. He provided history on his recent developments in downtown. He discussed the housing demand and shortage in Bozeman. He discussed why the location was chosen according to his criteria. He introduced the project team available this evening. 08:21:56 PM (02:21:17)Questions of Applicant CR Pomeroy asked how soon he would have a car sharing contract and how soon could it be implemented.She asked if the neighbors requested a Parking District,would he pay for the signs.She also asked if he agreed that the residents of the building shouldn't be able to purchase one of those permits. DM Andrus asked about his consideration of the glazing on the northwest windows.She asked about the outdoor seating area.She asked about balcony maintenance. She asked about the success of the potential car share, and further logistics. Rick Williams with Rick Williams Consulting responded in detail. Mayor Taylor asked about the relevance of the comparative car share examples given. He asked on the record if he asked the City about consulting on this project given he works with the City on other projects. He asked about why the number of four was provided for the car share program. DM Andrus asked how it would work for non-residents using the car share. CR Mehl asked how the developer would find the parking slots if the car share company went belly-up. He asked if the applicant has any concerns with the staff report. 08:45:15 PM (02:44:35)Questions of Staff Continued CR Mehl asked Mr. Krueger to clarify the setback on the east side. 08:45:43 PM (02:45:03) Public Comment Page 5 of 12 Bozeman City Commission Meeting Minutes,April 3,2017 Mayor Taylor opened public comment. 08:45:53 PM (02:45:14) Chris Shavda,Public Comment Mr.Shayda discussed his love of the community. He is excited about bringing more people into town without cars. People want to live downtown, and that's not available. 08:49:14 PM (02:48:35)Freya Varvoeyzo,Public Comment Miss Varvoeyzo discussed her concern with too many cars on the street and that she will feel unsafe. She stated it will hurt the surroundings and ruin the neighborhood. 08:51:08 PM (02:50:29)Alan Bay, Public Comment Mr. Bay supports the project. He stated that projects like this help protect open space. He noted the decades of planning that has gone into creating this community.At some point the City needs to commit to the change discussed in growth policy. 08:54:08 PM (02:53:29)Scott Drenbow,Public Comment Mr. Drenbow discussed the current unknowns of the project including renters,the car share, and charging for parking. He stated the building is too tall for the neighborhood. He asked to consider context. 08:57:21 PM (02:56:42)Jackie Persons, Public Comment Ms. Persons has a problem with the size and scale, and is concerned about parking. She asked the Commission to look beyond just the recommendation of staff. She is also concerned about the car share progra m. 08:59:16 PM (02:58:37)Kelly Beavers,Public Comment Ms. Beavers supports the project because Bozeman is growing, and how does Bozeman absorb the growth.She is discouraged that discussion now is backwards or present-looking. Certainty is an important element of growth, and she doesn't want to discourage investment.The City needs to think about density. 09:02:04 PM (03:01:25)Sten Anderson Public Comment Mr. Anderson supports the project. He loves open lands, and he enjoys there is a community downtown. 09:03:43 PM (03:03:04)Steve Cannon Public Comment Mr. Cannon spends significant time in downtown. He asked the Commission to reinvent downtown parking. He challenged the Commission to consider the future. 09:06:53 PM (03:06:14)Jeff Milchen,Public Comment Mr. Milchen supports downtown density, parking innovation, etc. He stated that the project does not necessarily reflect those ideals, and expressed other doubts. He urged a rejection. Page 6 of 12 Bozeman City Commission Meeting Minutes,April 3,2017 09:10:23 PM (03:09:43)Ellen Stevenson,Public Comment Ms.Stevenson stated just because the City could approve this project, doesn't mean it's right.She quoted a book titled "Small is Beautiful."She proposed alternatives to the developer. 09:13:29 PM (03:12:50)Jerry Burton,Public Comment Mr. Burton represents Regis, a new business in Bozeman in the 5 West building. He discussed people embracing the live/work/play concept. Black Olive will be a positive in the community. 09:15:10 PM (03:14:30)Barbara Leigh,Public Comment Ms. Leigh has lived here for 54 years and she is in favor of downtown development, but she is not in favor of the project.She expressed concern with the car share and parking. 09:18:57 PM (03:18:18)Rebecca Behrent Public Comment Ms. Behrent has lived in the neighborhood for 54 years.She discussed the pros and cons of renting apartments. She is concerned of traffic and parking caused by renters, as well as circulating drivers. 09:22:14 PM (03:21:35)Daryl Behrent,Public Comment Mr. Behrent isn't against downtown development, but he is against development without sufficient infrastructure. He noted that the parking study was done in summer, during low parking times. He expressed doubts of the car share program. He requested denial. 09:25:56 PM (03:25:17) Tyler Bruglin, Public Comment Mr. Bruglin stated that the Black Olive is a positive in the community, as housing is needed. He discussed the project as an adaptation to the new demands on Bozeman, and improving the community. 09:29:34 PM (03:28:55)Lisa Kirk,Public Comment Ms. Kirk discussed upcoming growth,code allowing this development, and the neighborhood's vision. She requested a moratorium on buildings over three stories in height. 09:32:51 PM (03:32:11)Clark Babcock Public Comment Mr. Babcock has lived in the neighborhood for many years, and repeated concerns of his neighbors, including scale, parking, and height. He requested denial. 09:34:41 PM (03:34:02)Richard Brown,Public Comment Mr. Brown stated that people do not use ride shares for outdoor activities.There would be no enforcement.This would open the floodgates. 09:36:28 PM (03:35:49)Kevin Thane Public Comment Mr.Thane, member of CAHAB, discussed that the proposed rents would not be affordable rents, but it does increase the supply of housing,which has a positive effect. 09:37:47 PM (03:37:08)Paul Neubauer,Public Comment Page 7 of 12 Bozeman City Commission Meeting Minutes,April3,2017 Mr. Neubauer stated that the Commission is charged with answering appropriateness for the site beyond just code. He stated that zoning does not determine context. He stated the Commission cannot ignore the DRB, as it alienates and demoralizes the citizens and Citizen Advisory Boards. 09:41:18 PM (03:40:39)Cynthia Barnes,Public Comment Ms. Barnes discussed the challenges of biking in downtown Bozeman.She stated the Black Olive is out of scale. 09:42:46 PM (03:42:07) Claris O'Weary,Public Comment Ms. O'Weary displayed a lego model of the scale of the building.She discussed a concern of four cars replacing parking spots.She noted that surrounding communities won't be able to participate in downtown activities if there is no parking. 09:45:59 PM (03:45:19)Gus Chisem,Public Comment Mr. Chisem stated that one of his favorite things about living near Black Olive was riding his bike and not being concerned about safety and traffic. 09:47:12 PM (03:46:32)Stewart Mitchell Public Comment Mr. Mitchell stated that infill development should happen, but it needs to mean more than just developer profit. He is concerned about a car share. 09:50:24 PM (03:49:45)Brian Segel,Public Comment Mr.Segel thanked Mr. Holloran for the public meetings provided. He discussed concerns of traffic and blocking his view. He discussed the setbacks should be on the other sides. He asked if this building would be a short-term rental. He hopes the car share will work. He'd like to see more bicycle. 09:53:41 PM (03:53:02)Jane Davidson-Clockman Public Comment Ms. Davidson-Clockman is a long-term resident,she asked the Commission to listen to its advisory boards. She requested the project get revised. 09:55:53 PM (03:55:14) Discussion The Commission discussed availability and options. 10:00:16 PM (03:59:36) Meeting Extension Mayor Taylor extended the meeting until 10:30 PM. 10:02:38 PM (04:01:58) Recess Mayor Taylor called the Commission into recess for 10 minutes to determine logistics. 10:12:29 PM (04:11:50)Call to Order Mayor Taylor called the meeting back to order at 10:12 PM. Page 8 of 12 Bozeman City Commission Meeting Minutes,April3,2017 Mayor Taylor stated that the Commission will reconvene this item at 6:00 PM on Tuesday,April 111n 10:14:36 PM (04:13:57) Public Comment Continued 10:14:45 PM (04:14:05)Bob Horn,Public Comment Mr. Horn is a future resident, and he chose Bozeman because of the downtown.As a developer and employers, he looks at cities that embrace code. 10:18:00 PM (04:17:20) Public Comment and the remainder of the item was continued to April 11, 2017 at 6:00 PM. 2. 10:19:05 PM (04:18:26) Appoint Dennis Taylor as Interim City Manager and Authorize the Mayor to Sign the Interim Employment Agreement(Taylor/Andrus) a 10:19:19 PM (04:18:40)Staff Presentation Mayor Taylor discussed determining Mr.Taylor and discussed pay and housing. Mayor Taylor stated Mr. Taylor's references were exemplary. 10:23:21 PM (04:22:42)Questions CR Mehl asked about leave dates and prorated housing. CR Krauss asked Mr.Taylor about what he plans on doing while he's here. Mr.Taylor responded. CR Mehl asked how he saw his role in the recruitment of the next city manager. 10:29:59 PM (04:29:20) Meeting Extended Mayor Taylor extended the meeting for 15 minutes. 10:30:05 PM (04:29:26)Questions Continued CR Krauss asked what Mr.Taylor would be doing that Chuck couldn't do. He also asked him about his knowledge of the structure of Bozeman's government. CR Pomeroy asked about his familiarity with Bozeman.She asked he could bring that Acting City Manager Winn couldn't handle. 10:35:34 PM (04:34:54) Public Comment There was no public comment. 10:35:46 PM (04:35:06)Motion to appoint Dennis Taylor as interim city manager and authorize the mayor to enter into an Interim Employment Agreement with Dennis Taylor. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd Page 9 of 12 Bozeman City Commission Meeting Minutes,April 3,2017 10:36:09 PM (04:35:30) Discussion CR Mehl spoke with Mr.Taylor and support the idea of an interim and Mr.Taylor. DM Andrus also supports Mr.Taylor as the interim. CR Pomeroy stated that Mr.Taylor is qualified, but she doesn't believe an interim is necessary. CR Krauss stated he'd like to see Mr.Taylor contribute to the Strategic Plan.Assistant City Manager Rosenberry will benefit from Mr.Taylor's assistance. 10:44:34 PM (04:43:55) Meeting Extended Mayor Taylor extended the meeting for five minutes. 10:44:41 PM (04:44:02) Discussion Continued Mayor Taylor stated that we are already down staff,this would be a significant disruption. His recommendation is for him to start tomorrow. 10:46:21 PM (04:45:41)Amendment to the Motion to start the City Manager tomorrow[April 4,2017]. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd 10:46:57 PM (04:46:17) Vote on the Amendment to the Motion to start the City Manager tomorrow [April 4,2017]. The motion passed 4-1. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-CVnthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy: Disapprove 10:47:09 PM (04:46:30) Discussion CR Mehl noted the changes discussed tonight that need to be incorporated including updating the dates outlined in the staff memo, plus the correction of the dates for July, and the corrections for"up to $3,000,"the correct dates, and the housing prorated. 10:47:40 PM (04:47:00) Vote on the Motion as Amended to appoint Dennis Taylor as interim city manager and authorize the mayor to enter into an Interim Employment Agreement with Dennis Taylor, with a start date of April 4,2017. The motion passed 4-1. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Page 10 of 12 Bozeman City Commission Meeting Minutes,April3,2017 Commissioner-Chris Mehl: Approve Commissioner-I-Ho Pomeroy: Disapprove 3. 10:48:05 PM (04:47:26) Legislative Update (Andrus) ., a 10:48:15 PM (04:47:35)Staff Presentation DM Andrus discussed HB473,the fuel tax bill will have an upcoming hearing. 10:49:14 PM (04:48:34)Continue the Hearing to a Date Certain [April 11, 2017] and Meeting Adjourned 10:49:35 PM (04:48:56) Meeting Re-Opened to Continue Agenda H. 10:49:36 PM (04:48:57) FYI/Discussion • City Clerk Crough discussed logistics of the upcoming City Manager Recruitment special meetings. I. 10:51:18 PM (04:50:39)Adjournment Mayor Taylor adjourned the meeting at 10:51 PM. Carson Taylor Mayor Al"fi ST13O' �c z Co. AtO PREPARED BY: Robin Crough City Clerk Page 11 of 12 Bozeman City Commission Meeting Minutes,April 3,2017 Approved on: MAl 71 IS,, D-0 I Page 12 of 12