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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday,October 16,2017
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 the Dais: Interim City Manager(ICM) Dennis Taylor, City Attorney(CA) Greg Sullivan,
City Clerk Robin Crough
A. 06:02:16 PM (00:09:42)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:02 PM.
B. 06:02:23 PM (00:09:49) Pledge of Allegiance and a Moment of Silence
C. 06:03:14 PM (00:10:40)Changes to the Agenda
There were no changes to the agenda.
D. 06:03:29 PM (00:10:55) Minutes
1. Approve the Regular Meeting Minutes from June 12, September 11, September 18,
September 25, and October 2, 2017,Special Meeting Minutes from September 7,September
15,September 26, and September 27, 2017,and User Access to Linked Minutes a
06:03:39 PM (00:11:05)Motion and Vote to approve the combined City Commission minutes from June
12,September 7,September 11,September 15,September 18,September 25,September 26,
September 27,and October 2,2017, as submitted. The motion passed 5-0.
Commissioner-I-Ho Pomeroy: Motion
Commissioner-Chris Mehl: 2nd
Mayor-Carson Taylor:Approve
Deputy Mayor-Cynthia Andrus:Approve
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Bozeman City Commission Meeting Minutes,October 16,2017
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho Pomeroy:Approve
Commissioner-Chris Mehl:Approve
E. 06:04:13 PM (00:11:39)Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) a
4 -MOVED TO BEFORE ACTION.
3. Authorize the Interim City Manager to Sign a Notice of Award to Montana Lines, Inc.for the
Midtown Streetscape Project (Fine) 0 a
4. Authorize the Interim City Manager to Sign a Professional Services Agreement with Big Horn
Snow Removal Services for Snow Removal Services at Senior Center and Parking Lots(Meece)
" a
5. Authorize the Interim City Manager to Sign a Task Order with Tetra Tech Task for a 2017-2018
Remediation Systems Oversight(Hixson) 7 a
6. Authorize the Interim City Manager to Sign Task Order Number 15 to the Professional Services
Master Task Order Agreement with DOWL for Street and Utilities Land Agent Services for the
Sourdough Water Main (Murray) 7 a
7. Ordinance 1973 Final Adoption, the 2017 Cresent Cross Annexation Zone Map Amendment
to Designate 30.129 Acres as R-5, Residential Mixed-Use High Density, Application 17032
(Saunders) .� a
8. Ordinance 1980 Final Adoption, Revisions to Article 38.43, Affordable Housing to Address
Condominiums Text Amendment,Application 17381 (Matsen) a
06:04:18 PM (00:11:44) City Manager Overview
ICM Taylor provided a brief overview of Consent Items 1-8.
06:06:49 PM (00:14:15) Public Comment
There was no public comment.
06:07:04 PM (00:14:30) Removal of Item from Consent Agenda
DM Andrus requested to pull Consent Item 2 (to be discussed before the Action Items).
06:07:17 PM (00:14:43)Motion and Vote to approve Consent Items 1,3-8 as submitted. The motion
passed 5-0.
Commissioner-Chris Mehl: Motion
Deputy Mayor-Cynthia Andrus: 2nd
Mayor-Carson Taylor:Approve
Deputy Mayor-Cynthia Andrus:Approve
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Bozeman City Commission Meeting Minutes,October 16,2017
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho PomeroV:Approve
Commissioner-Chris Mehl:Approve
F. 06:07:43 PM (00:15:09) Public Comment
Mayor Taylor opened public comment.
06:08:32 PM (00:15:58)Paul Boylan,Public Comment
Mr. Boylan testified against the Links appeal continued later in the evening. He spoke of the
neighborhood impacts of the current road.
06:13:11 PM (00:20:37)Paul Spitler,Public Comment
Mr.Spitler spoke of the Black Olive II, and stated it is a good project that he hopes the Commission
approves. He supports infill, bikeable, and walkable projects, like the Black Olive II. He also supports the
changes to the UDC later this evening.
06:15:58 PM (00:23:24)Garrett Agnew,Public Comment
Mr.Agnew, representing some MSU organizations, encouraged the Commission's support of the final
action item,joining the opposition to 1-183.
G. 06:17:04 PM (00:24:30)Special Presentation
1. K-8 STEM Initiative Campaign (Rob Watson and Anne Hossner)
Rob Watson, Bozeman Public School Superintendent, and Anne Hossner, Chair of the STEM
Committee in the Bozeman Schools Foundation. He spoke of successful partnerships with the
City.They discussed the what and why of STEM,as well as some current STEM activities in the
school district. Ms. Hossner discussed the role of the foundation. Mr. Watson discussed the
need and challenges in STEM education. He discussed the next steps and partnerships. Ms.
Hossner thanked the City for their support.They spoke about in-classroom hosting.
06:30:22 PM (00:37:48) Discussion
DM Andrus thanked the School Board and Foundation for their work on this program, but she added
that art should be included to create STEAM.
Cr. Krauss thanked the presenters for their work on the subject, especially for girls.
06:34:27 PM (00:41:53)Consent Item 2.Authorize the Interim City Manager to Sign a Grant Award with
the Bureau of Justice Assistance for the Bozeman Veteran Eligible Treatment Services(V.E.T.S) Court
(Herrington)
06:34:58 PM (00:42:24) Discussion
DM Andrus stated that the Commission has only heard this on consent, but that she stresses the
importance of this grant.She acknowledged that acceptance of this grant has long-term financial
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Bozeman City Commission Meeting Minutes,October 16,2017
obligations.She asked for partners for future funding in this endeavor.
06:38:03 PM (00:45:29) Public Comment
Mayor Taylor opened public comment.
06:38:31 PM (00:45:57)Judge Colleen Herrington,Public Comment
Judge Herrington discussed the importance of this grant and appreciates the Commission's support.
06:40:23 PM (00:47:49)Linda Reinhart, Public Comment
Ms. Reinhart discussed the life-changing impact of the VET Court.She commended her team with the
VA.
06:42:32 PM (00:49:58)Motion to accept the award of the grant request through BJA for$400,000
over 36 months to implement the Bozeman Veteran Eligible Treatment Service Court, BJA#2017-
11321.
Deputy Mayor-Cynthia Andrus: Motion
Commissioner-Jeff Krauss:2nd
06:42:51 PM (00:50:17) Discussion
DM Andrus spoke in support of the grant.
Cr. Krauss thanked Judge Herrington for her initiative,considering the number of vets in the area.
Cr. Pomeroy supports the grant and thanked the judges and their teams.
Cr. Mehl thanked the teams for their work.
Cr. Krauss spoke of the high number of veterans in the area.
Mayor Taylor discussed that the City often steps up for issues like these.
06:48:56 PM (00:56:22) Vote on the Motion to accept the award of the grant request through BJA for
$400,000 over 36 months to implement the Bozeman Veteran Eligible Treatment Service Court,BJA
#2017-11321. The motion passed 5-0.
Deputy Mayor-Cynthia Andrus: Motion
Commissioner-Jeff Krauss: 2nd
Manor-Carson Taylor:Approve
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
Commissioner-I-Ho Pomeroy:Approve
Commissioner-Chris Mehl:Approve
H. 06:49:13 PM (00:56:39)Action Items
1. 06:49:19 PM (00:56:45) Session Continued from October 2, 2017: Public Hearing of the
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Bozeman City Commission Meeting Minutes,October 16,2017
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") (Public Comment Closed, Commission Deliberation Only) (Rogers) ~a
Supplemental Memo: a
06:49:42 PM (00:57:08) Discussion
Mayor Taylor updated the status of the current item, and that the Commission asked staff for
information on transitions,and when public comment and questions would be taken.
06:54:03 PM (01:01:29)Staff Presentation/Questions of Staff on Transitions
Senior Planner Tom Rogers continued the presentation on the UDC Update,specific to transitions. He
presented on the current B-3 transition.
Cr. Krauss asked for more clarification, and the Commission asked further clarifying questions.
Mr. Rogers also compared the transition with B-2M and alleys. He also spoke of a comparison to
Boulder's form chart and their code.
Cr. Krauss asked about the history of setbacks and when changes were made.
Cr. Mehl asked why the residential bonus wasn't included in the draft changes.
07:16:17 PM (01:23:43)Staff Presentation/Questions of Staff on Floor Area Ratio (FAR)
Mr. Rogers provided examples of maximum FAR buildout in each district.
Cr. Krauss asked clarifying questions and discussed each example in detail.
Cr. Pomeroy asked about garage heights and ADUs.
Cr. Mehl asked why there can't be higher maximum than 50%for lot coverage.The Commission
discussed in detail. Cr. Mehl also asked for the B-3,why is there no FAR for these.
DM Andrus asked about the potential of transitions surrounding historic districts, and should they be
different?
Cr. Krauss asked if this actually maintains the status quo or increases density, including in relationship to
the NCOD. He discussed in detail with staff the flexibility and direction of this update.
08:04:34 PM (02:12:00) Reference Time Stamp
DM Andrus asked about inserting row 7 (townhouses) and calling it out more.She also asked about
conditional and emergency housing in any zone.She also asked about alleys and alley width.She asked
about the UDC and NCOD and what trumps what. CA Sullivan clarified that the UDC trumps.
Cr. Pomeroy asked about the use of generally vs. residentials not being on the ground floor.She asked
staff to explain form and intensity standards.
Cr. Mehl asked about the omission of museums downtown. He asked about Special Use Permits and the
sale of alcohol downtown,and whether those should be conditional. He asked further about alley
restrictions. He asked about garages townhomes. He asked why not allow less lot width in R-4. He asked
about stacking utilities.
08:40:26 PM (02:47:52) Procedure
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Mayor Taylor stated that this item will conclude for tonight, and explained the process for next time. He
continued the session to October 23, 2017.
08:41:31 PM (02:48:57) Recess
Mayor Taylor called the Commission into recess until 8:50 PM.
08:52:47 PM (03:00:13)Call to Order
Mayor Taylor called the meeting back to order at 8:52 PM.
2. 08:52:59 PM (03:00:25) Continuation of the Appeal of the Administrative Project Decision
17365 for the Links Condominiums Application 16374 from October 16, 2017 to November
13, 2017 (Quasi-Judicial) (Krueger) a
08:53:27 PM (03:00:53)Staff Presentation
Development Review Manager Brian Krueger provided background of the appeal.The parties requested
a continuance for more time.
08:54:46 PM (03:02:12) Public Comment
There was no public comment.
08:55:18 PM (03:02:44)Attorney Clarification
CA Sullivan specified that the Commission may reopen the public hearing to consider public comment on
November 131h if they choose.
08:56:31 PM (03:03:57)Motion and Vote to continue the review of Appeal of the Administrative
Project Decision 17365 from October 16,2017 to November 13,2017. The motion passed 5-0.
Commissioner-Jeff Krauss: 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. 08:57:20 PM (03:04:46)The Ridge Athletic Club Planned Unit Development(PUD) Expansion
Major Modification Preliminary PUD and Phase 1 Site Plan at the Northwest Corner of South
Ferguson Avenue and Fallon Street and Bound by Ravalli Street to the North, Application
17095 (Quasi-Judicial) (Krueger) 7LCH
08:57:37 PM (03:05:03)Staff Presentation
Development Review Manager Brian Krueger discussed the specific modification to add additional area.
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Bozeman City Commission Meeting Minutes,October 16,2017
08:58:04 PM (03:05:30) Disclosures
Cr. Krauss,Cr. Mehl,and Mayor Taylor disclosed that they are members of the Ridge.
08:58:55 PM (03:06:21)Staff Presentation Continued
Mr. Krueger discussed the proposed changes. He discussed the development review process and original
Ridge PUD. He discussed the relaxations requested as the site is zoned for residential and the proposal
contains none. He discussed the phasing of the site plan.Staff recommends conditional approval.
09:10:21 PM (03:17:47)Questions of Staff
Cr. Pomeroy asked if there will be no street access at two sites.She also asked about the signage
relaxations.
DM Andrus asked about the building direction and access.She asked what the City was getting out of
this PUD. She asked about landscaping.
Cr. Krauss asked if he has a perceived conflict because he is a member of the Ridge. CA Sullivan spoke of
the Commission's participation responsibility.
09:19:25 PM (03:26:51)Applicant Presentation
Steve Roderick spoke of the history of the site, including a landscaping award. He noted that they have
been the most suitable to finish off the property.
09:21:50 PM (03:29:16) Public Comment
There was no public comment.
09:22:00 PM (03:29:26)Motion that having reviewed and considered the application materials,and all
the information presented,I hereby adopt the findings presented in the staff report for application
17095 and move to approve the preliminary planned unit development and first phase site plan
subject to conditions and all applicable code provisions.
Commissioner- I-Ho Pomeroy: Motion
Commissioner-Chris Mehl: 2nd
09:22:32 PM (03:29:58) Discussion
Cr. Pomeroy stated that the Ridge is one of the city's many amenities and supports the motion.
Cr. Mehl is also in agreement, and the PUD makes sense in this area.
Cr. Krauss stated that no public comment was received.Sites like these become infill.
Mayor Taylor is looking forward to the project.
09:25:46 PM (03:33:12) Vote on the Motion that having reviewed and considered the application
materials, and all the information presented,I hereby adopt the findings presented in the staff report
for application 17095 and move to approve the preliminary planned unit development and first phase
site plan subject to conditions and all applicable code provisions. The motion passed 5-0.
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Commissioner- I-Ho Pomeroy: 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
4. 09:26:04 PM (03:33:30) Resolution 4812, Adoption of East Gallatin Recreation Area Master
Plan (Poissant) �, a
09:26:27 PM (03:33:53)Staff Presentation
Parks and Recreation Director Mitch Overton introduced the East Gallatin Recreation Area master plan.
09:27:34 PM (03:35:00) Disclosures
Mayor Taylor,Cr. Pomeroy, and Cr. Mehl disclosed that they are members of the Sunrise Rotary Club.
09:27:47 PM (03:35:13)Staff Presentation Continued
Design and Development Manager Carolyn Poissant discussed the adoption process, as well as the
process of the plan creation. She noted that the public survey showed the park's popularity. She
discussed the design objectives of the plan. She discussed the parking layout concept. She discussed the
Rotary's participation in maintaining the area.
09:34:49 PM (03:42:15) Questions of Staff
DM Andrus asked if this is currently a City park. Ms. Poissant clarified that it is a lease agreement with
the state.
Cr. Krauss asked if there is a difference between a conceptual master plan and a normal master plan. He
asked if the master plan is accompanied with a narrative. He asked how much of the park will be
surrounded by roads with the additional entryway. He asked about city maintenance. Mr. Overton noted
that the plan doesn't incorporate all the parcels associated with the park. He requested a copy of the
narrative.
09:43:30 PM (03:50:56)Applicant Presentation
Bob Ferrington with the Bozeman Sunrise Rotary urged the Commission to adopt the plan that the
service club has been working on for several years. He discussed the role of Sunrise Rotary in improving
the park.
09:47:23 PM (03:54:49) Public Comment
There was no public comment.
09:47:36 PM (03:55:02)Motion that in consideration the information presented to date, I hereby move
to adopt Resolution 4812 adopting the conceptual master plan for the East Gallatin Recreation Area in
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accordance with the 2007 Parks,Recreation, Open Space and Trails Plan and the Bozeman Municipal
Code Section 26.02.220.
Commissioner-Chris Mehl: Motion
Deputy Mayor-Cynthia Andrus: 2nd
09:48:02 PM (03:55:28) Discussion
Cr. Mehl noted the work that went into the process, and noted the improvements to be done.
DM Andrus will also support the motion.
Cr. Krauss stated he likes the idea of incrementally improving the park. He provided some legislative
history of city stewardship of the state land. He is also excited about the second access.
Cr. Pomeroy thanked the Sunrise Rotarians.
Mayor Taylor stated he is happy to approve the plan for this park,and noted it is a community park, not
a neighborhood park. He discussed access.
09:56:23 PM (04:03:49) Vote on the Motion that in consideration the information presented to date, I
hereby move to adopt Resolution 4812 adopting the conceptual master plan for the East Gallatin
Recreation Area in accordance with the 2007 Parks,Recreation, Open Space and Trails Plan and the
Bozeman Municipal Code Section 26.02.220. The motion passed 5-0.
Commissioner-Chris Mehl: 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
5. 09:56:36 PM(04:04:02)Authorize the City of Bozeman to Participate as a Plaintiff in a Lawsuit
Challenging the Constitutionality of Initiative 183 (1-183: Montana Locker Room Privacy Act)
(D.Taylor) : . -3
09:56:54 PM (04:04:20) Meeting Extended
Mayor Taylor extended the meeting until 10:30 PM.
09:57:00 PM (04:04:26)Staff Presentation
ICM Taylor introduced the item and CA Sullivan provided some background for the status of the
initiative. He stated that in effect the City would be retaining the ACLU's legal counsel for the case.
There would not be financial costs to this, but there would be time.There is no risk of counter-claims.
The City of Missoula joined as a plaintiff in the ACLU lawsuit. Helena will have another conversation next
Monday night.Whitefish and Butte/Silverbow have not had a discussion.The Montana League of Cities
and Towns was requested by Missoula to join as a plaintiff, but have declined at this time. He noted that
the ACLU would be acting pro-bono. He discussed the ACLU's legal counsel in detail. He recommended
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Bozeman City Commission Meeting Minutes,October 16,2017
requesting ICM Taylor to come back with a resolution appointing special counsel, and to consider which
City Attorney would be the liaison with said counsel.
10:07:11 PM (04:14:37)Questions of Staff
Cr. Krauss if litigation strategy would be a public meeting since all parties are public.
DM Andrus asked for clarification of what happens if the League joins the lawsuit.She asked who he
recommended in his office be assigned.
10:12:15 PM (04:19:41) Public Comment
Mayor Taylor opened public comment.
10:12:25 PM (04:19:51)Gena Hupka,Public Comment
Ms. Hupka spoke in favor of 1-183 and God's love.She asked that the Commission allow the voters to
make their choice at the ballot box.
10:15:24 PM (04:22:50)Kendra Nevin Public Comment
Ms. Nevin spoke of transgender people, and the negative impacts of 1-183.
10:17:13 PM (04:24:39) Vassu Sujeetra,Public Comment
Mr. Sujeetra spoke in opposition of 1-183 and encouraged the Commission to speak to diverse people.
10:18:35 PM (04:26:01)Nikki Bailey,Public Comment
Ms. Bailey stated that human rights are not something to be voted on, and urged joining the lawsuit.
10:19:52 PM (04:27:18)Hilary Ann Crosby, Public Comment
Ms. Crosby urged the Commission to join the lawsuit as plaintiffs.
10:20:22 PM (04:27:48)S.K. Rossi Public Comment
Ms. Rossi stated that public entities will not be the only parties in the lawsuit.
10:21:16 PM (04:28:42)City Attorney Clarification
CA Sullivan stated that there was a fiscal note about the bill released in June and the fiscal impacts.
10:22:43 PM (04:30:09)Motion to authorize the City of Bozeman to participate as a plaintiff in a
lawsuit challenging the constitutionality of Initiative 183(the Montana Locker Room Privacy Act)and
to request the interim city manager bring a resolution before the Commission appointing Alex Rate of
the ACLU of Montana Foundation and Gabriel Arkles of the ACLU LGBT&HIV Project of the ACLU as
special counsel for the City of Bozeman and to direct someone in the City legal staff as our point of
contact.
Deputy Mayor-Cynthia Andrus: Motion
Commissioner-Jeff Krauss: 2nd
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Bozeman City Commission Meeting Minutes,October 16,2017
10:23:28 PM (04:30:54) Discussion
DM Andrus appreciates the public comment, but feels the motion is the right thing to do.
Cr. Krauss discussed the importance of having initiatives in front of the voters, but he also believes in
law, and feels the laws of the country need to protect the minority. He does support the motion. He
doesn't want the City to be liable for enforcing this.
10:29:36 PM (04:37:02) Meeting Extended
Mayor Taylor extended the meeting to 10:45 PM.
10:29:44 PM (04:37:10) Discussion Continued
Cr. Pomeroy stated this is the right thing to do so she supports the motion.
Cr. Mehl supports the motion. He stated this protects rights,the City preserves its self-governing
powers,and addresses liability protection.
Mayor Taylor stated that it would be wrong to not dispute the constitutionality of something that is
wrong. He discussed getting to know someone different. We are a welcoming city that protects our
population.
10:36:46 PM (04:44:12) Vote on the Motion to authorize the City of Bozeman to participate as a
plaintiff in a lawsuit challenging the constitutionality of Initiative 183(the Montana Locker Room
Privacy Act)and to request the interim city manager bring a resolution before the Commission
appointing Alex Rate of the ACLU of Montana Foundation and Gabriel Arkles of the ACLU LGBT&HIV
Project of the ACLU as special counsel for the City of Bozeman and to direct someone in the city legal
staff as our point of contact. The motion passed 5-0.
Deputy Mayor-Cynthia Andrus: 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
I. 10:37:01 PM (04:44:27) FYI/Discussion
1. Mayor Taylor reminded the public and Commission of Wednesday's Black Olive II meeting.
2. Cr. Krauss asked about the upcoming Commission schedules.
J. 10:39:20 PM (04:46:46)Adjournment
Mayor Taylor adjourned the meeting at 10:39 PM.
Carson Taylor
Mayor
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ATTEST:
an��
Robin Crough
City Clerk
PREPARED BY:
Robin Crough
City Clerk
Approved on:
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