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HomeMy WebLinkAbout10-16-17 City Commission Minutes G q'L t t ♦�Co.A 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 Page 1 of 12 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 Page 2 of 12 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 Page 3 of 12 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 Page 4 of 12 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 Page 5 of 12 Bozeman City Commission Meeting Minutes,October 16,2017 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. Page 6 of 12 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. Page 7 of 12 Bozeman City Commission Meeting Minutes,October 16,2017 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 Page 8 of 12 Bozeman City Commission Meeting Minutes,October 16,2017 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 Page 9 of 12 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 Page 10 of 12 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 Page 11 of 12 Bozeman City Commission Meeting Minutes,October 16,2017 ATTEST: an�� Robin Crough City Clerk PREPARED BY: Robin Crough City Clerk Approved on: Page 12 of 12