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HomeMy WebLinkAbout05-08-17 City Commission Minutes G q'Z 130 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,May 08,2017 Deputy Mavor-Cynthia Andrus: Present Commissioner-Jeff Krauss: Present Mayor-Carson Taylor: Present Commissioner-Chris Mehl: Present Commissioner-I-Ho Pomeroy: Present Staff Present: Interim City Manager Dennis Taylor, City Attorney Greg Sullivan, and Deputy City Clerk Pearl Michalson A. 06:00:53 PM (00:01:34)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. 06:01:01 PM (00:01:43) Pledge of Allegiance and a Moment of Silence C. 06:01:56 PM (00:02:37)Changes to the Agenda There were no changes to the agenda. D. 06:02:00 PM (00:02:41)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) G, 2. Authorize the Interim City Manager to Sign the Notice of Award to Knife River- Belgrade for Kagy Boulevard Interim Improvements, 7th Avenue to 11th Avenue(Murray) _a 3. Authorize the Interim City Manager to Sign the Notice of Award to Hardrives Construction, Inc.for the 2017 Seal Coat Improvements Project(Kerr) p 4. Authorize the Interim City Manager to Sign Amendment Number 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) for the Lyman Creek Water System Project for Junction Box Monitoring and Control Improvements (Heaston) "7_tom 5. Authorize the Interim City Manager to Sign Amendment Number 8 to the Professional Services Agreement with Morrison-Maierle for the 2014 Wastewater Collection Systems Facility Plan Update for Additional Construction Administration for the Construction Phase of Bozeman City Commission Minutes,May 8,2017 the South University District Sewer Main Project and Additional Ongoing Pretreatment Program Assistance (Murray) 7 � 6. Authorize the Interim City Manager to Sign Addendum Number 2 to the Professional Services Agreement with Hydrologistics Irrigation LLC for Irrigation Services for Public Right-of-Ways (Vandelinder) L!a 06:02:05 PM (00:02:47)City Manager Overview Interim City Manager Taylor gave a brief overview of Consent Items 1-6. 06:05:18 PM (00:05:59) Public Comment There was no public comment. 06:05:35 PM (00:06:16)Motion and Vote to approve Consent Items 1-6 as submitted. The motion passed 5-0. Deputy Mayor-Cynthia Andrus: 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 E. 06:05:58 PM (00:06:39) Public Comment Mayor Taylor opened general public comment. 06:07:08 PM (00:07:50)Eileen Hoskins,Public Comment Stated that the NCOD 133 guidelines (known as Subchapter 413)was adopted as a temporary measure to spur redevelopment and infill in the downtown Halo area in a anticipation of the NCOD/UDC update. The changes to these guidelines were made without the input of critical stake holders and without enough notice to the public so that they can comment on the legal notice that was in the paper for this item. Former Planning Director, Wendy Thomas warned that the large high density residential buildings, would adversely affect residential property values and impede residence from enjoying the full values of their properties'.The revision to the guidelines need to consider the needs of the residence of all the neighborhoods. 06:10:17 PM (00:10:58)Randy Peters, Public Comment Stated that it was critical that the needs of the entire community were heard. Residents were told that these changes would be reviewed in the next 12 months. The stake holders were already being burdened now by the current use of the NCOD subchapter 413 guidelines. In parallel the changes to the UDC are being amended for a public review.The December 2015 consultant report did not provide information on effective transitions to the neighborhoods.This decision was rushed and Montana law Page 2 of 8 Bozeman City Commission Minutes,May 8,2017 requires that citizens be given adequate time and opportunity to comment. 06:12:39 PM (00:13:20)Richard, Canfield,Public Comment Stated that the existing Subchapter 4B of the NCOD Guidelines desperately needed a revision that addressed 133-112 buffer zones. In particular, that revision needed meaningful representation of all affected members of our community. If Subchapter 4B was applied as written,it would do great harm. It was important that a moratorium be placed on the review of B-3 developments in the halo to allow time for the needed input and deliberation. Bozeman stands to lose the inherent character of its historical downtown neighborhoods to massive commercial development, which would not be able to address the growth needs of the city. Mr. Canfield asked the City Commission to allow time for the needed input and deliberation. 06:15:07 PM (00:15:49)Hellen Stevenson Public Comment Stated that she was all about win/win and compromise for everyone and strongly believed that a productive solution could be reached with the needs of the city. Ms.Stevenson believed that we can make positive changes that are adjacent to historic neighborhoods and restore emphasis on the historic areas that need the city to obtain infill growth that is both meaningful and efficient. By giving the affected steak holders the time necessary for adequate input,the city commission would ensure that the interest of the city of Bozeman are fully represented and considered. 06:17:11 PM (00:17:53)Lisa Kirk,Public Comment Lisa stated that she asked a commissioner how notice of the creation of the NCOD subchapter 4B was provided and was told that online, and in the paper were the areas where notice was given. These standard methods were not procedurally adequate to obtain participation of citizens and particularly to property owners. There was not enough notice given in order to amend or modify the amendments to the NCOD. I do not believe that the law was followed to notify citizens. Letters that are sent to citizens about everything that happens in the city for utilities is given more notice than something this big. F. Action Items 1. 06:20:41 PM (00:21:23)Resolution 4791,Notifying the Gallatin County Election Administrator of the City's Desire to Conduct the 2017 City Primary(if held) and the 2017 General Election by Mail Ballot, and Funding Postage Return Costs(Crough/Winn) "! a 06:21:06 PM (00:21:48)Staff Presentation Assistant City Manager Winn gave a presentation on the mail ballot for the election this November.There is a new mayor position and two commissioners on the ballot this year. It opens on April 20th of this year and closes on June 19th. The primary election if held would be on September 12th. Estimates were given to cost of elections with return postage and without for both the primary and general election. There would be a significant savings for the mail ballot as oppose to an in person ballot. Page 3 of 8 Bozeman City Commission Minutes,May 8,2017 06:24:16 PM (00:24:58)Questions for Staff CR Pomeroy asked staff about the additional cost to the election and why it was a good idea to have return postage.Staff stated that this was something that the commission asked about in the past. Additionally, it provided another incentive for people to vote and also convenient. Mayor Taylor asked if there was a primary,to what number does the candidates gets reduced.The county stated that it would be 4 or 2. 06:27:12 PM (00:27:54) Public Comment There was no public comment. 06:27:25 PM (00:28:07) Discussion CR Mehl stated that we had been doing mail ballots for a while and that the department does this very well and voters get the ballots in on time and it works very well. Practicality and cost were both positives for this initiative to encourage voters. CR Krauss stated that he remembered when it snowed really bad and made it difficult for people to vote. This made it easier for people to get their votes in.This is why he supported this resolution. Money is also saved by doing a mail ballot instead of going to the polls.This removes a significant barrier to voting.This also would not discourage people from voting. DM Andrus supported this because the size of the envelope would be resolved by us paying for the postage. CR Pomeroy supported this however wondered about the cost. 06:34:12 PM (00:34:54) Motion to adopt Resolution No.4791,Notifying the Gallatin County Election Administrator of the City's Desire to Conduct the 2017 City Primary(if held)and the 2017 General Election by Mail Ballot, and Funding Postage Return Costs. Commissioner-I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd 06:34:33 PM (00:35:15) Discussion CR Pomeroy stated that this was more effective. Mayor Taylor stated that he felt that the people who are voting should be able to vote for free and that we all should be paying for this. We value it as a US citizen. 06:36:22 PM (00:37:04) Vote to adopt Resolution No. 4791,Notifying the Gallatin County Election Administrator of the City's Desire to Conduct the 2017 City Primary(if held)and the 2017 General Election by Mail Ballot, and Funding Postage Return Costs. The motion passed 5-0. Commissioner-I-Ho Pomeroy: Motion Commissioner-Jeff Krauss:2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Page 4 of 8 Bozeman City Commission Minutes,May 8,2017 Mayor-Carson TaVlor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 2. 06:36:43 PM (00:37:24) Initiation of Public Review of the Unified Development Code and Design Manual Updates (Matsen/Saunders) a 06:36:51 PM (00:37:33)Staff Presentation Community Development Director Martin Matsen discussed the working drafts of Chapter 38, Unified Development Ordinance and Bozeman Design Manual.The link on the website would provide the public with the first 30 pages online.There will be a draft available online.Additionally, printed drafts can be located at the professional building, at the City Clerk's office,the Bozeman Library, and the Montana State University reference desk.Adoption of the plan was discussed via workshops on overviews and specific subjects.The various advisory boards will also be included in this adoption plan. Public outreach has included over 60 public engagements to date.The majority of the concepts and specific changes have been discussed and proposed.The final schedule of the adoption plan was discussed.This plan is located online and would be noticed as well so that the commission would be free to attend. No notice for quorum would be required. 06:48:49 PM (00:49:30)Questions for Staff DM Andrus asked if all the meetings were public meetings which staff stated that this was correct so there would be a total of 73 public meetings.The normal methods of posting would happen for these meetings. There would not be any direct mailings. CR Mehl asked about an email list in addition to the way that this would be posted normally.Anyone who would like more information was encouraged to go to the professional building. CR Pomeroy asked what the change was for and if this gave an explanation for why we would need to revise this code.Staff stated that this would make things more flexible and easier.They had not identified addressed items specifically. Questions about balancing the business friendly part of the code was discussed which was not too specific to affordable housing,signage, or businesses as a part of this effort mainly because of the timelines and complexity.These issues would be re-visited in the future. 06:59:47 PM (01:00:28)Staff Presentation Chris Saunders, Community Development Policy and Planning Manager, gave a presentation on the initiatives in this document. Major initiatives were discussed such as reorganization, consolidated design standards, infill support,adjacent property, etc. 15 items that had been completed and reviewed to date was presented to the commission. There were 7 articles that were grouped by function that explained why we had a code, what the process was, what the zoning districts were, community design, individual project design, natural resource protection, and definitions. New graphics were added as well as a way for people to see where the new changes would be related to the previous code. This UDC document would consolidate everything into a single document minus the NCOD. This would be extremely user friendly. There will be a design manual to provide a clear transition between the purpose and its scope. Page 5 of 8 Bozeman City Commission Minutes,May 8,2017 The design manual would make this easier for the public to navigate what they would be allowed to do. 07:21:30 PM (01:22:11)Questions of Staff DM Andrus asked if this would be one document. Staff stated that the design manual would be a best practices manual and that the code would be free standing. CR Mehl asked how close this would get us to the goal that was given in 2009.Staff stated that there were far more rigorous degrees that could be pursued but he had not heard any requests to go further than they had gone now. A sample of what this would look like in the future was asked. Searching zones was discussed. The original memo talked about the design manual and asked for feedback. The commission asked if they still wanted feedback.Staff stated they would welcome it. CR Pomeroy asked if this change would make this easier for everyone, and staff stated that they were trying to do that to make it easier for people to find the material that they were searching for. Mayor Taylor asked about the overlay district, staff stated that they would put a line through it and it would just get adopted.At this point,staff had seen a few significant projects that did not proceed because other businesses would not be able to re-establish themselves.The draft would address this. CR Krauss asked if that overlay district was in the zoning. Would this mean that we would have to change the zoning and what would that mean? Staff stated that there were restrictions. By-right changes were discussed. New ideas that were incorporated and how they will help us was something that the commission stated needed to be in the narrative to make it easy to explain it to people.A question about a homeowner manual was asked and staff stated that there was as well as tip sheets on how to do things that homeowners may ask. 07:36:32 PM (01:37:14) Public Comment Mayor Taylor opened public comment. 07:36:59 PM (01:37:40)Paul Neubauer,Public Comment He stated that he felt that staff has done a good job but the B3 NCOD guidelines were rushed despite the former director warning against rushing this. He hoped that the commission take their time with this. If there was a reason for haste he would understand however felt it would be too much. He would like this expanded a bit more to make sure that everyone who wanted to weigh in got a chance to. 07:39:54 PM (01:40:35) Public Comment Closed Mayor Taylor closed public comment. 07:40:06 PM (01:40:48) Discussion Mayor Taylor stated that he felt this looked like a good schedule but if something came up that they needed to take more time,than the commission would totally consider that. He would spend some time looking at and considering things in this manual. He thanked staff for this presentation. CR Krauss stated that he had no reason for haste except to be done by Thanksgiving. He hoped that we would listen to what Zoning and Planning would say about their schedule. CR Mehl stated that the Zoning Commission and Planning Board are prepared for these upcoming meetings. Page 6 of 8 Bozeman City Commission Minutes,May 8,2017 DM Andrus stated that this schedule is a place to start. 3. 07:46:37 PM (01:47:19) Continuation of the Public Hearing on the Short Term Rental Municipal Code Text Amendment, Application 17016 (Saunders) , a 07:46:54 PM (01:47:36)Staff Presentation Chris Saunders stated that the correct number for this application should be 17185 and asked the Commission to move this to May 22"d so the Zoning Commission had a chance to review this. 07:47:58 PM (01:48:40) Public Comment There was no public comment. 07:48:03 PM (01:48:44)Motion to continue Application 17185 and related public hearing to May 22, 2017. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd 07:48:14 PM (01:48:56) Discussion CR Krauss stated that he realized that there were businesses out here whose plans depended on the commission making a decision but he felt that the commission take the time to do this right. 07:48:29 PM (01:49:11) Vote to continue Application 17185 and related public hearing to May 22, 2017. The motion passed 5-0. 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 G. 07:48:47 PM (01:49:29) FYI/Discussion There was no FYI/Discussion. H. 07:49:01 PM (01:49:42)Adjournment Mayor Taylor adjourned the meeting at 7:49PM Carson Taylor Mayor Page 7 of 8 Bozeman City Commission Minutes,May 8,2017 ATTEST: r Robin Crough City Clerk PREPARED BY: obin Crough City Clerk Approved on: x Lt,)F-- UL, 7-O r - Page 8 of 8