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HomeMy WebLinkAbout09-18-17 City Commission Minutes qx t s Co, THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,September 18,2017 Mayor-Carson Taylor: Present Deputy Mayor-Cynthia Andrus: Present Commissioner-Jeff Krauss: Present Commissioner- I-Ho Pomeroy: Present Commissioner-Chris Mehl: Present Staff Present at Dais: Interim City Manager(ICM) Dennis Taylor,Assistant City Attorney(ACA) Karen Stambaugh, Deputy City Clerk Brenda Sweeney A. 06:00:57 PM (00:05:25)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. 06:01:27 PM (00:05:55) Pledge of Allegiance and a Moment of Silence C. 06:02:14 PM (00:06:42)Changes to the Agenda There were no changes to the agenda. D. 06:02:18 PM (00:06:46)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) x.G= 2. Authorize the Interim City Manager to Sign an Impact Fee Payment Agreement with Cannery District Partners, LLC for Improvements to Oak Street(Kohtz) w a 3. Authorize the Interim City Manager to Sign Two Professional Service Agreements with Snow Shovel, LLC,and TLC Landscape and Excavation,Inc.to Complete On-Call Street Sweeping and Storm Sewer Cleaning Services on behalf of the City Over a One-Year Term (Mehrens) .a 4. Resolution 4846, Authorizing the City Manager to Sign a Waiver of Right to Protest Special Improvement Districts Associated with Story Mill Community Park for Infrastructure Improvements at Story Mill Road, Griffin Drive, and Story Mill Road - Bridger Drive Intersection (Poissant) ~ a Page 1 of 16 Bozeman City Commission Meeting Minutes,September 18,2017 06:02:28 PM (00:06:56)City Manager Overview [CM Taylor provided a brief overview of Consent Items 1-4. 06:04:18 PM (00:08:46) Public Comment There was no public comment. 06:04:25 PM (00:08:53)Motion and Vote to approve Consent Items 1-4 as submitted. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Deputy Mayor-Cynthia Andrus: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve E. 06:04:48 PM (00:09:16) Public Comment Mayor Taylor opened public comment. 06:06:14 PM (00:10:42)Jacqueline Kats,Public Comment Ms. Kats commented on property she owns and was going to build on but did not because of parking space issues.She also commented on the Black Olive project as well as expressed frustration over city council spending money to study the Swim Center Bulkhead issue. She urged commissioners to attend the meeting on Wednesday night regarding this topic. Finally, Ms. Kats commented on the potential Law and Justice Center regarding the location. 06:09:34 PM (00:14:02)Richard Brown, Public Comment Mr. Brown commented on the Cherry Pick Fact of 1920 with regard to density. He spoke to the context of what the development of large buildings would do to the inner part of the city. 06:12:39 PM (00:17:07)Daniel R. Peterson,Public Comment Mr. Peterson commented on parking issues. He spoke about the diversity of the number of people who own cars, and the effects of making a decision on parking based on the number of cars driven. 06:15:02 PM (00:19:30)Ellen Stephenson,Public Comment Ms. Stephenson spoke about Black Olive with regard to development being too tall. 06:15:58 PM (00:20:26)Eric Karshner, Public Comment Mr. Karshner is a member of the Bozeman Historic Preservation Advisory Board and spoke on their behalf about Subchapter 4B of the UDC. He stated that the board does not recommend the Commission affirm and re-adopt Resolution 4598. He further spoke about the recommendations of the board. Page 2 of 16 Bozeman City Commission Meeting Minutes,September 18,2017 06:18:44 PM (00:23:12)Nancy Schultz,Public Comment Ms.Schultz spoke about historic values cited and what Secretary of Interior standards state.She presented a hand-written zoning map and referenced the Emerson Lawn. 06:20:44 PM (00:25:12)Brittany Eilers,Public Comment Ms. Eilers, on behalf of Thrive,thanked the City Commission and community for their continued support of the Thrive programs. F. 06:21:23 PM (00:25:51) Mayoral Proclamation 1. September 2017-Thriving Community Month Gp Mayor Taylor read a proclamation recognizing September as Thriving Community Month in support of families and preservation of our thriving community. G. 06:23:05 PM (00:27:33)Action Items 1. 06:23:05 PM (00:27:33) Resolution 4823,Annual Assessment for the Business Improvement District(BID)for Fiscal Year 2018(Donald) �x¢a 06:23:16 PM (00:27:44)Staff Presentation Finance Director Kristin Donald presented Resolution 4823.The resolution sets charges for the property based on the budget and work plan presented in June during the budget process. Ms. Donald reviewed the detailed assessment. 06:23:53 PM (00:28:21)Questions of staff There were no questions of staff. 06:24:01 PM (00:28:29) Public Comment There was no public comment. 06:24:10 PM (00:28:38)Motion to adopt Resolution 4823,Annual Assessment for the Business Improvement District(BID)for the Fiscal Year 2018. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd 06:24:24 PM (00:28:52) Discussion DM Andrus commented that this item was discussed during the budget meeting and helps the programs in the improvement district.She will support the motion. Page 3 of 16 Bozeman City Commission Meeting Minutes,September 18,2017 Cr. Mehl noted that it's the same amount as the previous fiscal year, so they're rolling over and being efficient with their funding which he appreciates. 06:24:51 PM (00:29:19) Vote on the Motion to adopt Resolution 4823,Annual Assessment for the Business Improvement District(BID)for the Fiscal Year 2018. The motion passed 5-0. Deputy Mavor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 2. 06:25:15 PM (00:29:43) Resolution 4824,Annual Assessment for the Tourism Business Improvement District(TBID)for Fiscal Year 2018 (Donald) 1a 06:25:17 PM (00:29:45)Staff Presentation Finance Director Kristin Donald presented Resolution 4824. The resolution represents the annual charge for occupied room rate that exceeds the ten room limit,which is based on actual room occupancy.The work plan and budget were presented in the budget meeting in June. 06:25:45 PM (00:30:13)Questions of Staff There were no questions of staff. 06:25:51 PM (00:30:19) Public Comment There was no public comment. 06:26:02 PM (00:30:30)Motion to adopt Resolution 4824,Annual Assessment for the Tourism Business Improvement District(TBID)for the Fiscal Year 2018. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd 06:27:59 PM (00:32:27) Discussion Cr. Mehl pointed out this was discussed at a hearing in June.The rate has been in place for several years, and he believes everything is in order. Cr. Pomeroy commented the money is used to promote Bozeman, and she will support the motion. 06:26:43 PM (00:31:11) Vote on the Motion to adopt Resolution 4824,Annual Assessment for the Tourism Business Improvement District(TBID)for the Fiscal Year 2018. The motion passed 5-0. Page 4 of 16 Bozeman City Commission Meeting Minutes,September 18,2017 Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 3. 06:26:57 PM (00:31:25)Continuation of Ordinance 1980 Provisional Adoption, Revisions to Article 38.43,Affordable Housing to Address Condominiums Text Amendment,Application 17381(Matsen) °7L!;C 06:27:27 PM (00:31:55)Staff Presentation Community Development Director Marty Matsen informed the Commission that this action did not have a quorum at the last Zoning Commission meeting. It will be heard tomorrow and be back in front of the Commission in a future agenda. 06:27:43 PM (00:32:11) Public Comment There was no public comment. 06:27:55 PM (00:32:23)Motion to continue the advertised public hearing on Application 17381 to October 2,2017. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd 06:28:35 PM (00:33:03) Discussion Cr. Pomeroy will support the motion. 06:28:18 PM (00:32:46) Vote on the Motion to continue the advertised public hearing on Application 17381 to October 2,2017. The motion passed 5-0. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 4. 06:28:34 PM (00:33:02)Ordinance 1976 Provisional Adoption,a Text Amendment of the Bozeman Municipal Code,Section 38.25.040 to Set Minimum Off-Street Parking Page 5 of 16 Bozeman City Commission Meeting Minutes,September 18,2017 Requirements for the B-2M District,Application 17304(Fine) �G 06:28:58 PM (00:33:26)Staff Presentation Economic Development Director Brit Fontenot introduced Ordinance 1976. Mr. Fontenot explained the ordinance,which relates to parking in the Midtown, and reminded the Commission of options presented to them by staff in May of this year. Economic Development Specialist David Fine presented the staff report. Mr. Fine spoke about Bozeman Midtown B-2M Zoning,which is a generally applicable zone. He discussed policy development goals which were created based on a detailed policy discussion on parking minimums in the B-2M Zone with the City Commission in May.Ordinance 1976 outlines six areas of changes for proposed parking requirements for B-2M Zoning. Mr. Fine entered the staff report and findings into the record. 06:37:57 PM (00:42:25) Questions of Staff Cr. Mehl asked if David could provide detail about how he looked at a variety of both commercial and residential parking,the survey conducted and what services were retained to arrive at his findings. D Cr. Krauss asked about the suspension in the Midtown possibly being modified to be through the Midtown Peach to the southern-most limit of the district or a different boundary than suggested. Cr. Pomeroy asked if B2-M is allowed in all of Bozeman.She asked if the reason for suspending the parking minimum is to encourage development in Midtown and whether there is a plan for parking spaces in the event of a large development. Cr. Krauss referred to a recommendation made by the Midtown Urban Renewal Board in a letter dated April 2017. He asked how they will handle mixed use. 06:45:55 PM (00:50:23) Public Comment Mayor Taylor opened public comment. 06:46:09 PM (00:50:37)Mike Hope,Public Comment Mr. Hope owns property on North 7th. He talked about a project he was working on involving mixed use development and stated that he will reevaluate building this project if the Commission approves development with zero parking. 06:49:45 PM (00:54:13)Luke Welbourn,Public Comment Mr.Welbourn is the owner and representative of Midtown Apartments, LLC and spoke about the single family home they are proposing to tear down to build a nine-unit apartment building. He commented on the parking requirements and how it affects this project. 06:51:37 PM (00:56:05)Allison Norris,Public Comment Ms. Norris owns the Molly Brown and spoke of her concern regarding adequate parking in her lot and the overflow from surrounding businesses. 06:53:48 PM (00:58:16)Bruce Brown, Public Comment Page 6 of 16 Bozeman City Commission Meeting Minutes,September 18,2017 Mr. Brown owns a property on Main Street and supports Mr. Fine's basic proposal, in particular the suspension of the zero parking option. Mr. Brown spoke about developers adjusting their plan to accommodate the parking requirements. 06:55:25 PM (00:59:53)Kenny Strauss, Public Comment Mr.Strauss spoke about a pizza restaurant he and his partners are seeking to open. He talked about the current code requirements for parking not meeting the needs of their potential customers and supports the proposal to reduce parking minimums. 06:56:55 PM (01:01:23)Brian Popiel,Public Comment Mr. Popiel thanked Mr. Fine for bringing the proposal to the Commission and believes this is a solid way to encourage re-development in a blighted area. 06:59:01 PM (01:03:29)Lindsey Shack,Public Comment Ms.Shack commented that she is here representing owners of a proposed hotel and supports reducing the parking standards.She spoke about how the reduced parking will help the development happen in a way the City can manage. 07:00:42 PM (01:05:10)Stuart Mitchell, Public Comment Mr. Mitchell spoke about the knowledge it takes to reduce parking to nothing as well as market support. He expressed concerned regarding the type of class this requirement is possibly pushing and does not feel we are prepared to make this decision without further dialogue. 07:03:37 PM (01:08:05)Mary Padzitzer,Public Comment Ms. Padzitzer spoke about living in the core of Bozeman and feels the parking effects of the downtown businesses on her street.She is concerned about taking parking regulations away and having the overflow go right into the neighborhoods. 07:05:35 PM (01:10:03) Questions of staff DM Andrus asked if the Urban Renewal District boundary is the same as the B-2M boundary in the Midtown, and if Mr. Fine could show a map. Ms.Andrus asked for clarification to the public that the suggested no minimum requirement is only in the Urban Renewal District of Midtown and that any place else containing B-2M would be the blended rate. 07:07:51 PM (01:12:19)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 17304 and move to provisionally adopt Ordinance 1976,a text amendment of the Bozeman Municipal Code,Section 38.25.040 to set minimum off-street parking requirements for the B- 2M District. Commissioner-Jeff Krauss: Motion Deputy Mayor-Cynthia Andrus: 2nd Page 7 of 16 Bozeman City Commission Meeting Minutes,September 18,2017 07:09:01 PM (01:13:29)Amendment to the Motion to limit the area where the minimums are waived to that portion of the district,Zone B-2M,south of Peach to the limits of the district. Commissioner-Jeff Krauss: Motion Deputy Mavor-CVnthia Andrus: 2nd 07:09:29 PM (01:13:57) Discussion Cr. Krauss pointed out that the Midtown Urban Renewal Board had three votes in favor of reducing to a zero minimum,two votes against a zero level but with suggestions of reducing to one half or one minimum per thousand. He talked about a study conducted by the Board regarding the types of projects wanted in this area and the results of that study leading him to his amendment. DM Andrus will not support the amendment. She talked about the attempted approach to creativity and innovation in the urban renewal area with regard to zoning, and if we are wanting to spur development in this area,then this "no minimum" makes sense to her. Cr. Mehl would like to see this work in the entire TIF area because it does need more help than other areas. He would apply it across the board especially those northern areas. Mayor Taylor will not vote for the amendment as it stands. He talked about the amount of space to the North and noted that if the need for parking comes up because the minimums have not worked as anticipated,there is space to find public parking in that area. 07:15:44 PM (01:20:12) Vote on the Amendment to the Motion to limit the area where the minimums are waived to that portion of the district,Zone B-21W,south of Peach to the limits of the district. The amendment failed 1-4. Commissioner-Jeff Krauss: Motion Deputy Mavor-CVnthia Andrus: 2nd Mayor-Carson Taylor: Disapprove DeputV MaVor-CVnthia Andrus: Disapprove Commissioner-Jeff Krauss:Approve Commissioner- I-Ho PomeroV: Disapprove Commissioner-Chris Mehl: Disapprove 07:16:02 PM (01:20:30) Discussion Cr.Krauss is prepared to make this decision tonight. He talked about his involvement in the effort for TIFs in this area and in downtown. He talked about why both areas were blighted what methods were used to make changes. He noted that he did read all of the public comment on this issue, as he does all of the public comment he receives and considers it carefully. DM Andrus is ready to make a decision. She spoke about the options the Commission discussed about a month ago and noted she was not in favor of B-2M with no minimums at that time. She talked about the Page 8 of 16 Bozeman City Commission Meeting Minutes,September 18,2017 lack of progress on North 7th over the years and commented this is a chance for something great to happen.She will support the original motion. Cr. Mehl talked about when and how the Commission receives public comment and pointed out that they all read it and track it. He addressed the public comment given tonight regarding how much is to be learned from this process. He talked about the parking research conducted of our peers and further commented on surveying parking needs going forward. Cr. Pomeroy echoed fellow Commissioners' comments about this area needing some help. She talked about her question of Mr. Fine regarding the possibility of large developments and a solution for parking being part of those developments. She will support the motion. Mayor Taylor confirmed there were eight (8) public comments received on the parking minimums topic as suggested by Mr. Fine earlier. He talked about the two main pieces of this issue from his viewpoint, 1) meeting environmental changes, and 2) changing the way we relate to automobiles. He talked about his previous direction to staff to come up with a recommendation they believed in, and they did that. He will support the motion. Cr. Krauss thanked Mr. Fontenot and Mr. Fine for bringing the issue forward and admires their efforts, as well as the direction of Mayor Taylor. 07:32:36 PM (01:37:04) Vote on the 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 17304 and move to provisionally adopt Ordinance 1976,a text amendment of the Bozeman Municipal Code,Section 38.25.040 to set minimum off-street parking requirements for the B-210 District. The motion passed 4-1. Commissioner-Jeff Krauss: Motion Deputy Mayor-Cynthia Andrus: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss: Disapprove Commissioner-I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 07:32:56 PM (01:37:24) Recess Mayor Taylor called the Commission into recess until 7:45 PM. 07:47:10 PM (01:51:38)Call to Order Mayor Taylor called the Commission back to order at 7:47 PM. 5. 07:47:20 PM (01:51:48)Ordinance 1981 Provisional Adoption,a Proposal to Affirm and Readopt Resolution 4598, as Amended by Resolution 4623,Which Added Subchapter 413 (Design Guidelines for Commercial Development within the Neighborhood Conservation Overlay District,Specifically the B-3 "Halo") into the Design Guidelines for the Neighborhood Page 9 of 16 Bozeman City Commission Meeting Minutes,September 18,2017 Conservation Overlay District,Application 17399(Matsen) G 07:47:53 PM (01:52:21)Staff Presentation Community Development Director Marty Matsen introduced Ordinance 1981 which contains the design regulations known as the Subsection 4B in the NCOD. 07:48:54 PM (01:53:22)Staff Presentation Community Development Manager Chris Saunders presented the staff report for the ordinance. He reviewed the history of the code in question relative to the Neighborhood Conservation Overlay District. He explained that in the guidelines,there are a variety of purposes described including education, information and describing general policies. Mr.Saunders explained that nothing in this document is intended to dictate a solution but it provides a range of responses for design. He spoke in detail about the changes under Subchapter 4B. Mr.Saunders talked about the written recommendation from the Zoning Commission and the Historical Preservation Advisory Board (HPAB). He explained that the Design Review Board (DRB)did meet, but they did not have a quorum and did not vote. Mr.Saunders further explained approval recommendations by the staff,the Zoning Commission and HPAB. 08:02:38 PM (02:07:06)Questions of Staff Cr. Pomeroy asked for clarification on resolutions and the difference between the ordinance and resolution. Cr. Krauss asked whether Subchapter 4B,A.,Section 4 which addresses the building interface with residential zone properties is a new section. Cr. Mehl asked if Subchapter 4B alters the numerical standards in terms of height and whether it would apply to any historical building. He further questioned whether the downtown plan is now part of the community plan and also whether downtown should be the highest area of use in the city. Mr.Saunders responded in detail and indicated a new HPAB director is on staff as of today and will be brought into an upcoming Commission meeting for introduction. Cr. Mehl further asked about a budget to update the NCOD. He asked about the most appropriate use of land in B3 area. Mayor Taylor asked if the Commission approves staff recommendations, what protections exist for immediately surrounding neighborhoods from the wall of buildings in 4B and other aspects of the code. He inquired about transition language if 4B was suspended and staff and Commission went in to a process of deciding what to do. Mr.Saunders turned the question to ACA Stambaugh. He further asked for a picture of what the proposed setback would look like, and Senior Planner Tom Rogers presented the graphic. DM Andrus asked about the reason we talked about reviewing these guidelines back in 2015.Staff responded. Cr. Mehl pointed out there is a petition for protest and asked for staff's opinion.ACA Stambaugh responded with her analysis of the written protests submitted. 08:26:54 PM (02:31:22) Public Comment Mayor Taylor opened Public Comment. Page 10 of 16 Bozeman City Commission Meeting Minutes,September 18,2017 08:27:24 PM (02:31:52) Sala/Heber Mapee,Public Comment Ms. Magee is a property owner and stated she felt the amount of time people had to gather their thoughts about the change in the ordinance could have been longer and that tonight would not be a good night to make a decision. 08:28:48 PM (02:33:16)Randy Peters,Public Comment Mr. Peters owns property on the historic register,which is a B3 property. He feels that we need to slow down with regard to Resolution 4598 Subchapter 4B. He feel the panel swung too far in the way of business developers and that property within NCOD guidelines have a stake. 08:32:39 PM (02:37:07)Marjorie Smith, Public Comment Ms.Smith spoke about providing dispatches from the infill frontlines where construction was taking place and equipment was blocking her sidewalk and alley.She spoke about her mountain views being replaced by living room apartment views.She spoke about parking and new reduced requirements under 4B not working. 08:35:53 PM (02:40:21)Kate Bryan,Public Comment Ms. Bryan stated she has been very involved in the issues surrounding this resolution and other projects that have fallen under his particular law. She commented about how the community became involved by attending meetings and conducting petitions. She expressed her frustration with the timing of the re-adoption of Resolution 4598. 08:40:30 PM (02:44:58)John Preston, Public Comment Mr. Preston strongly urged the Commission not to reaffirm Subchapter 4B and feels changes were made without adequate input from the citizens of Bozeman. He commented on the historical codes versus changing developments and asked the Commission to do the right thing for Bozeman. 08:43:20 PM (02:47:48)Jeff Milchen,Public Comment Mr. Milchen asked the Commission not to reaffirm Resolution 4598 and further commented that the citizens of Bozeman deserve the opportunity to inform themselves and engage in a project that he feels was not adequately noticed. He will sign the protest made available at this meeting. 08:45:03 PM (02:49:31)Eileen Hosking, Public Comment Ms. Hosking urged the Commission not to reaffirm Resolution 4598.She spoke about several projects already being developed on her side of historic downtown and addressed sustainability for a thriving community. 08:46:21 PM (02:50:49)Jack Renary,Public Comment Page 11 of 16 Bozeman City Commission Meeting Minutes,September 18,2017 Mr. Renary spoke about the historic character of downtown and the reason why many people have invested in property and businesses in Downtown Bozeman. He spoke about the scale of the threat of the block buildings being proposed. 08:49:32 PM (02:54:00)Stuart Mitchell,Public Comment Mr. Mitchell spoke about the lawsuit filed by Save Bozeman and the advance notice of the re-adoption of 4B being only five days. He spoke about the intention of the NCOD relative to organic growth versus high-rises. He also spoke about the public comment process. 08:55:21 PM (02:59:49)John Hosking,Public Comment Mr. Hosking spoke about scale and transition with regard to quality of life versus overfill. He also spoke about parking as well as keeping the quality of Bozeman. 08:58:06 PM (03:02:34)Paul Neubauer,Public Comment Mr. Neubauer spoke about the municipal code reflecting community values and the desire for all to live in a well-run city. He continued to speak about projects meeting code,the Historic District and infill. 09:02:09 PM (03:06:37)Michael Wikes,Public Comment Mr. Wikes Spoke about parking issues by his house. He commented on the importance of having more public comment and input on the re-adoption of Resolution 4598 Subchapter 4B. He will sign the protest made available at this meeting. 09:03:24 PM (03:07:52)Allen Kirk,Public Comment Mr. Kirk respectfully asked the City Commission not to reaffirm Resolution 4598 and talked about the creation of Subchapter4B in 2015 relative to the NCOD. He commented on the public notice provided versus the opportunity for adjacent landowners to participate in discussion. 09:06:00 PM (03:10:28)Darrell Barrett,Public Comment Mr. Barrett commented about the ability to protest and was unclear who was able to protest. He talked about B3 properties and mixed use properties,adequate parking and commercial shopping. 09:08:51 PM (03:13:19)Gretta Deikman,Public Comment Ms. Deikman talked about developers and architects relative to the interests of the residents in smaller neighborhoods. She talked about the issue of parking, infill and the quality of life offered in Bozeman. 09:12:31 PM (03:16:59) Discussion Cr. Krauss asked how 4B changed the regulations on parking. Staff responded. 09:13:51 PM (03:18:19) Recess Mayor Taylor called the Commission into recess until 9:25 PM. 09:25:39 PM (03:30:07) Call to Order Page 12 of 16 Bozeman City Commission Meeting Minutes,September 18,2017 Mayor Taylor called the Commission back to order at 9:25 PM. 09:26:00 PM (03:30:28)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 17399 and move to provisionally adopt Ordinance 1981 affirming and readopting Resolution 4598 which adopted Subchapter 4B(design guidelines for commercial development within the neighborhood conservation overlay district,specifically the B-3 "halo')(including the amendments incorporated into Subchapter 4B by Resolution 4623 regarding an exemption from the step back and height transition policies if abutting commercially zoned and a residentially zoned lots are under unified ownership and are being developed under a master site plan)into the Design Guidelines for the Neighborhood Conservation Overlay District. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd 09:27:06 PM (03:31:34) Discussion DM Andrus incorporated some of the public comment relative to the Commissioners being persuaded by wining and dining.She talked about the high level of integrity amongst the Commission.She talked about the reasons why design guidelines were brought up from 2015 and that the Commission knew there were some decisions coming up about the UDC starting the fall of 2015.She outlined the processes leading up to this period in time.She will support the motion. Cr. Mehl thanked everyone for coming and for all the comments. He talked about disagreement, respect and maintaining the charge of trust. He spoke about the Commission's position and accountability with regard to city charter,government and voters. He talked about timing and process of this particular discussion. He commented on the spirit of 413 and the process for reviewing it again as part of the NCOD and UDC and stands by the decision. 09:44:10 PM (03:48:38)Schedule Change Mayor Taylor announced that he will not continue this meeting to cover the UDC agenda item (#6). He addressed the public and stated that if anyone was waiting to comment on the item, it will not be discussed tonight due to the lateness of this meeting. He stated that he will continue the discussion on Subchapter 4B. 09:44:38 PM (03:49:06)Continued Discussion Cr. Pomeroy commented that the Commission absolutely listens to the public and tries to make the best decision for all the community. She talked about the amenities of the area, environmental issues and saving open spaces including farmland.She will support the motion. Cr. Krauss spoke about the confusion regarding the protest amount which affects how many people need to vote affirmative. He discussed proper reflection over the Downtown Bozeman Improvement Plan from 1998 and 2009 relative to the context of changes to the guidelines. He commented that 4B was a way of solving that problem. He will support the motion. Page 13of16 Bozeman City Commission Meeting Minutes,September 18,2017 09:59:24 PM (04:03:52) Meeting Extension Mayor Taylor announced he will extend the meeting until 10:20 PM,then to 10:30 PM if necessary, but will not go beyond that time. 09:59:36 PM (04:04:04)Continued Discussion Mayor Taylor talked about the public comments given tonight and the discussion held relative to the character of Bozeman. He talked about adaptation in a changing world and reflected on what happened in the process to reach the decision of reaffirming Resolution 4598 Subchapter 4B. He talked about the infringement of nonconforming uses in B3. He commented about environmental issues, downtown growth and the purpose of 4B. He talked about the comments regarding extending this decision versus solutions being given. He will vote in favor of the motion. 10:14:34 PM (04:19:02) Vote on the 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 17399 and move to provisionally adopt Ordinance 1981 affirming and readopting Resolution 4598 which adopted Subchapter 4B(design guidelines for commercial development within the neighborhood conservation overlay district,specifically the B-3 "halo") (including the amendments incorporated into Subchapter 4B by Resolution 4623 regarding an exemption from the step back and height transition policies if abutting commercially zoned and a residentially zoned lots are under unified ownership and are being developed under a master site plan)into the Design Guidelines for the Neighborhood Conservation Overlay District. The motion passed 5-0. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 10:15:02 PM (04:19:30) Point of Clarification Mayor Taylor stated the protest matter will not be further considered. 6. Moved later in meeting: Sessien rend.,,., fr.,m SeptembeF 11, 2017, o,.-,i;,. H aFiRg of the BezemaR City Cemmissien Regarding Proposed Changes te the City's Zoning,Suladivisien,and 7. 10:15:00 PM (04:19:28)Appointment to the Design Review Board (DRB) (Sweeney/Crough) Page 14 of 16 Bozeman City Commission Meeting Minutes,September 18,2017 10:15:25 PM (04:19:53)Motion and Vote to appoint Scott Freimuth to an Architect position on the Design Review Board with a term ending June 30,2019. The motion passed 5-0. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 10:15:39 PM (04:20:07) Public Comment There was no public comment on this nomination. 10:15:52 PM (04:20:20) Discussion ICM Taylor suggested a motion to continue discussion on the UDC,Agenda Item 6,since it was bypassed due to time restrictions.Although Mayor Taylor previously informed the public it would not be discussed, he called it out. 6. 10:16:01 PM (04:20:29)Session Continued from September 11, 2017: Public Hearing of the Bozeman City Commission Regarding Proposed Changes to the City's Zoning,Subdivision, and Other Land Use Regulations (Chapter 38, Bozeman Municipal Code) (known as the "UDC Update") (Rogers) 10:16:46 PM (04:21:14) Continued Discussion Mayor Taylor inquired of ACA Stambaugh whether a motion was needed for a UDC hearing continuance since it has been an ongoing discussion. He will continue the hearing until October 2, 2017 and keep the hearing and public comment open in the meantime. 10:16:58 PM (04:21:26) Public Comment There was no public comment. H. 10:18:06 PM (04:22:34) FYI/Discussion • Mayor Taylor discussed the list of questions recommended by the consultant for the City Manager position interviews. He further talked about revisions to the list by ICM Taylor and HR staff as well as the process for developing a final set of questions. 10:21:17 PM (04:25:45) Meeting Extension Mayor Taylor announced he will extend the meeting until 10:30 PM. 10:21:23 PM (04:25:51) Continued FYI/Discussion Page 15 of 16 Bozeman City Commission Meeting Minutes,September 18,2017 • Mayor Taylor addressed the Commission meeting schedule for October with regard to the fifth Monday as well as the Monday before Thanksgiving. • Mayor Taylor was asked by the Governor to speak in Helena tomorrow at 2:30 pm regarding the state budget crisis. • Mayor Taylor discussed events that the Commission was invited to attend as well as his other speaking events. • Community Development Director Marty Matsen mentioned the Black-Olive meeting,which the Commission had continued to October 2"d,will now be continued to October 91h I. 10:25:47 PM (04:30:15)Adjournment Mayor Taylor adjourned the meeting at 10:26 PM. Carson Taylor Mayor ATTEST: OF.PO , Robin Crough City Clerk 7, 1883 .•sus r�TIA,CO. PREPARED BY: Brenda Sweeney Deputy City Clerk Approved on: ItA '7)bla -T Page 16 of 16