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HomeMy WebLinkAbout11-20-17 City Commission Minutes k f THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, November 20,2017 Moor-Carson Taylor: Present Deputy Mayor-Cynthia Andrus: Present Commissioner-Jeff Krauss: Present(LATE—arrived at 5.50 pm) Commissioner- I-Ho Pomeroy: Present Commissioner-Chris Mehl: Present Staff Present at Dais:City Manager(CM)Andrea Surratt, City Attorney(CA)Greg Sullivan, Deputy City Clerk Brenda Sweeney A. 05:01:53 PM (00:01:13)Call to Order—EARLY START TIME-5:00 PM-Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 5:01 PM. B. 05:02:01 PM (00:01:21) Pledge of Allegiance and a Moment of Silence C. 05:03:17 PM (00:02:37)Changes to the Agenda There were no changes to the agenda. D. 05:03:24 PM (00:02:44)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) °-.a 2. Approve an On-Premises Beer and Wine License for ALA, Inc. for Calendar Year 2017 (Maas) F�a 3. Adopt the Tree Maintenance Fund (Forestry) Capital Improvement Plan (CIP)for Fiscal Years 2019-2023 (Donald) 7 a 4. Adopt the Solid Waste Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Donald) -4�j 5. Adopt the Stormwater Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Donald) .._t5 Page 1 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 6. Approve the Sub-Grantee Acceptance of Edward Byrne Memorial Justice Assistance Grant Funds for the Missouri River Drug Task Force (Crawford) 07 a 7. Approve the Final Plat for the Yellowstone Theological Institute Minor Subdivision, Located East of the Intersection of 19th Avenue and Graf Street, Application 17050 (Quasi-Judicial) (Pope) . a 8. Authorize the City Manager to Sign the First Addendum to the Professional Services Agreements with HDR Engineering, Inc. and DOWL, LLC for Stormwater Infrastructure Engineering Services (Mehrens) , a 05:04:03 PM (00:03:23) City Manager Overview CM Surratt provided a brief overview of Consent Items 1-8. 05:07:11 PM (00:06:31) Public Comment Mayor Taylor opened public comment on Consent Items 1-8.There was no public comment. 05:07:23 PM (00:06:43)Motion and Vote to approve Consent Items 1-8 as submitted. The motion passed 4-0. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Carson TaVlor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss: Absent Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve E. 05:07:40 PM (00:07:00) Public Comment Mayor Taylor opened public comment on non-agenda items. 05:08:51 PM (00:08:11) Chris Budeski, Public Comment Mr. Budeski, with Madison Engineering,thanked the Commission on behalf of Karen Gilhousen,faculty, staff and students of the Yellowstone Theological Institute, as well as the design team,for their help and support during the preparation and review of the final plat just approved. F. 05:09:44 PM (00:09:04)Special Presentation 1. 05:09:53 PM (00:09:13) Police Department Staffing Study Presentation (Crawford) 05:09:56 PM (00:09:16)Staff Presentation Police Chief Steve Crawford introduced the staff presentation which gives the findings of a staffing analysis conducted this summer in conjunction with a consultant. He introduced Tim Freesmeyer, Principal Instructor and Researcher, Etico Solutions Inc.,who presented his background with Page 2 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 assisting police forces with staffing procedures. Police Chief Crawford gave the staffing analysis presentation. He talked about currently authorized staffing levels. He gave the perspective on the Bozeman population since 2007 and talked about background,variables and reviewed 2017 study objectives. Mr. Freesmeyer talked about the Patrol Allocation Manual (PAM) model. Police Chief Crawford talked about findings of primary responding officers needed and recommended levels to account for first line supervision. He talked about schedule optimization with regard to call load based on time of day and improved scheduling. Mr. Freesmeyer further talked about call shifts in the database and how they were broken out. Police Chief Crawford reviewed non-sworn staffing numbers and findings. 05:36:45 PM (00:36:04)Questions of Staff DM Andrus asked about response time with regard to things that haven't happened yet and how that gets factored into this response. Cr. Pomeroy asked about the impact of the dedicated mill levy in 2007. Cr. Mehl asked about a disaster plan. He asked about a project for school resource officers. He asked about animal control. He asked about how we compare with other agencies. He asked what the increase is in five years regarding the number of staff. Mayor Taylor asked about the number of sworn officers and talked about the number we've tried to hire and what the barriers are in doing so. G. 05:50:18 PM (00:49:38)Action Items 1. 05:50:24 PM (00:49:44) Decision on Direction to Research the Appropriateness of Creating New Residential Parking Permit Districts, and Consideration of Whether New Residential Parking Districts Should be Created Along the Northern and Southern Boundaries of the Downtown B-3 Area (Meece) �- cj Commissioner Krauss arrived to the Commission meeting. 05:50:56 PM (00:50:16)Staff Presentation ACM Chuck Winn provided the outline of the presentation which includes the history of the Downtown Strategic Parking Management Plan. He pointed out staff is hoping to get some direction from the Commission about specifically researching the needs for new residential parking districts either to the north or south of downtown. Mr.Winn further explained that the plan identified a gap in utilization of on-street parking in the downtown core area and the Parking Commission contracted with Western Transportation Institute(WTI)for a downtown inventory and occupancy study. Parking Program Manager Ed Meece outlined how the current parking districts operate. He reviewed the Bozeman Municipal Code procedure for the establishment of a residential on-street parking permit regulation program. He stated the recommendation from staff is to direct CM Surratt,or her designee,to work with the Parking Commission to research and determine the appropriateness of creating new residential parking permit districts adjacent to the downtown B-3. Page 3 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 05:57:48 PM (00:57:07)Questions of Staff Cr. Krauss asked if the procedures from the Bozeman Municipal Code are currently the entire procedure for forming a parking district. He asked whose authority it is to establish procedures. Cr. Pomeroy asked whether the reason that we are creating new residential parking district is that it will create new parking spaces for downtown.She talked about diagonal parking. Mayor Taylor pointed out that he asked to put this item on the agenda, and the Parking Commission did not. He further stated this discussion came out of Black/Olive project and explained the details. DM Andrus asked what other information Mr. Meece and the Parking Commission need to move forward other than a recommendation by the Commission. 06:13:24 PM (01:12:44) Public Comment Mayor Taylor opened public comment. 06:13:36 PM (01:12:56)Lisa Kirk,Public Comment Ms. Kirk talked about historic moderate density and the balance between downtown and the historic area regarding the trend toward increasing residential development downtown. 06:16:33 PM (01:15:53)David Kock,Public Comment Mr. Kack is as researcher at WTI and talked about the importance of taking a broader look at solving parking issues and how to define terms. 06:18:22 PM (01:17:42) Discussion Cr. Mehl talked about his suggestion, during the Black/Olive discussion, of having the Parking Commission study the strategy approved by the Commission in July, 2016. He pointed out this idea was meant to be proactive. He referred to Page 32 of the staff report relative to considering new and more flexible management elements in the current districts among other options. He would offer an amendment to the motion. Cr.Andrus added she has been the liaison to the Parking Commission and this is something they are interested in looking at and will begin that discussion in December.She talked about the timing of a deadline with bringing a recommendation back to the Commission. Cr. Krauss does not want to make this specific motion. He pointed out that, based on what DM Andrus stated with regard to the Parking Commission working on a strategy, he is fine with that. 06:24:17 PM (01:23:37)Motion that after listening to the staff presentation and public comment, I move to direct the City Manager to work with the Parking Commission to research the appropriateness of creating new residential parking districts or other appropriate parking strategies and to return to the City Commission with a recommendation. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd Page 4 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 06:24:39 PM (01:23:59) Discussion Cr. Mehl thinks we've covered this and it's great they're already on their way,and go forth. Cr. Pomeroy stated this action will allow City Manager Surratt to conduct the study to research options for parking downtown.She will support the motion. DM Andrus reiterated the Parking Commission is continuing to work through their strategic plan.She further stated that based on receiving various requests for parking districts,this moves the plan up on their agenda. Cr. Krauss stated if we are going to limit parking for downtown,we need come up with a supply. Mayor Taylor will vote for the motion, but his concern is that as things get built in the downtown area, that we at least be clear about long term intentions so constructors doesn't come back and say they would have done something differently if they had known the intent. Cr. Krauss pointed out parking and demand has not always been the same in the City of Bozeman. Cr. Mehl pointed out the vote today is about process and think carefully about what is best for downtown. He sees nothing wrong with taking the time to consider this. 06:32:32 PM (01:31:52) Vote on the Motion that after listening to the staff presentation and public comment, I move to direct the City Manager to work with the Parking Commission to research the appropriateness of creating new residential parking districts or other appropriate parking strategies and to return to the City Commission with a recommendation. The motion passed 5-0. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Manor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 2. 06:32:53 PM (01:32:13)Starner Annexation Requesting Annexation of 2.02 Acres and Amendment to the City Zoning Map for the Establishment of a Zoning Designation of B2 "Community Business District",Generally Located at the Southwest Corner of Reeves Road East and Campbell Road,Application 17187 (Saunders) .j 06:33:20 PM (01:32:40)Staff Presentation Community Development Manager Chris Saunders presented the Starner Annexation map and zoning. He pointed out the property was originally platted 20 years ago under the joint city-county planning jurisdiction, has since been transferred to the county and is currently being proposed to be brought back into the city. He reviewed the annexation criteria adopted by Resolution 4400 Section 5 of the staff report. He reviewed public comment and the recommendation by staff. 06:36:29 PM (01:35:49) Questions of staff DM Andrus asked about any impact on the CIP with regard to infrastructure improvements with this Page 5 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 annexation. 06:37:48 PM (01:37:08)Applicant Presentation Chris Budeski,with Madison Engineering, is representing the applicant for the Starner Annexation and zone map amendment. He presented the annexation plans. 06:39:18 PM (01:38:38)Questions of Applicant There were no questions of the applicant. 06:39:22 PM (01:38:42) Public Comment There was no public comment. 06:39:32 PM (01:38:52)Motion that having reviewed and considered the staff report, application materials,public comment, and all information presented,I hereby adopt the findings presented in the staff report for application 17187 and move to approve the Starner Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Commissioner- I-Ho Pomeroy: Motion Deputy Mayor-Cynthia Andrus: 2nd 06:40:09 PM (01:39:29) Discussion Cr. Pomeroy welcomes annexation to Bozeman. DM Andrus agrees with the findings of the staff report that meets our requirements for zoning annexation and will support the motion. Cr. Krauss stated it's preferable to have this property developed within the city. He further stated his vote will reflect the long-time policy of encouraging development on community sewer and treated water. Mayor Taylor talked about the importance of this development going on the city waste water system, which makes it an economical event to tie into it. 06:41:33 PM (01:40:53) Vote on the Motion that having reviewed and considered the staff report, application materials,public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 17187 and move to approve the Starner Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The motion passed 5-0. Commissioner- I-Ho Pomeroy: Motion Deputy Mayor-CVnthia Andrus: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-CVnthia Andrus:Approve Commissioner-Jeff Krauss:Approve Page 6 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 06:41:57 PM (01:41:17)Motion that having reviewed and considered the staff report, application materials,public comment, and all information presented, 1 hereby adopt the findings presented in the staff report for application 17187 and move to approve the Starner Zone Map Amendment, with contingencies required to complete the application processing. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor-Cynthia Andrus: 2,d 06:42:23 PM (01:41:43) Discussion Cr. Pomeroy agrees with findings of staff and will support the motion. DM Andrus agrees with staff findings and believes B-2 is within our growth policy and would work well in this location. 06:42:43 PM (01:42:03) Vote on the Motion that having reviewed and considered the staff report, application materials,public comment,and all information presented,I hereby adopt the findings presented in the staff report for application 17187 and move to approve the Starner Zone Map Amendment, with contingencies required to complete the application processing. The motion passed 5-0. Commissioner- 1-Ho Pomeroy: Motion DeputV Mayor-Cynthia Andrus: 2nd Mayor-Carson Taylor:Approve DeputV Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 3. 06:42:58 PM (01:42:18) Flanders Mill Zone Map Amendment Requesting Amendment of the City Zoning Map to Rezone Approximately 3.79 Acres of an Existing Lot from R-3 Residential Medium Density to R-4 Residential High Density, and to Rezone Approximately 0.07 Acres of the Same Lot from R-4 Residential High Density to R-3 Residential Medium Density, Generally Located Southeast of the Intersection of East Baxter Lane and Flanders Mill Road, Application 17271(Saunders) *!#.a 06:43:29 PM (01:42:49)Staff Presentation Community Development Manager Chris Saunders presented the Flanders Mill Zone Map,which has already been annexed and was originally zoned a blend of R-3 and R-4 at the initial time. He stated it was already approved for a subdivision,and phases of that subdivision have been occurring. Mr. Saunders presented the proposed rezoning amendment. Page 7 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 06:46:09 PM (01:45:29)Questions of Staff Cr. Pomeroy asked whether duplexes and townhouses would be built as a result of going from medium density to high density for the 3.79 acres. 06:46:51 PM (01:46:11)Applicant Presentation Scott Bechtel,with Bechtel Architects, is the planner of the project and agrees with staff findings and the Zoning Commission findings on the project. He talked about the design proposal. 06:48:03 PM (01:47:23) Question of Applicant DM Andrus asked about the reason for requesting the change. 06:49:24 PM (01:48:44) Public Comment There was no public comment. 06:49:32 PM (01:48:52)Motion that having reviewed and considered the staff report, application materials,public comment, and all information presented, 1 hereby adopt the findings presented in the staff report for application 17271 and move to approve the Flanders Mill zone map amendment, with contingencies required to complete the application processing. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd 06:49:56 PM (01:49:16) Discussion DM Andrus stated that it appears they have met all but one of the criteria for zone map amendment and the explanation that they will be able to build units that work without dividing the lot makes sense to her. She will support the application. Cr. Mehl agrees with the staff report and analysis. Cr. Pomeroy stated this will boost the housing supply in Bozeman and will support the emotion. Cr. Krauss stated this is a zone map amendment and believes the criteria is met. He looks forward to asking appropriate questions when there is a site plan review. 06:51:14 PM (01:50:34) Vote on the Motion that having reviewed and considered the staff report, application materials,public comment, and all information presented, 1 hereby adopt the findings presented in the staff report for application 17271 and move to approve the Flanders Mill zone map amendment, with contingencies required to complete the application processing. 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 Page 8 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 4. 06:51:31 PM (01:50:51)A Conditional Use Permit Application to Allow the Establishment of a Cooperative Household at 4149 Clydesdale Court,Application 17469(Quasi-Judicial) (Saunders) ,a 06:51:47 PM (01:51:07)Staff Presentation Community Development Manager Chris Saunders presented the project and staff report. He recognized substantial public comment and commented he would attempt to address as many of those as he could throughout his presentation. He stated that all public comment has been added into the staff report and all that have come in were presented to the city commission either electronically or in print. He presented the intent statement from the R-S residential suburban district. He noted that zoning is a dynamic activity and the implementation of zoning is a legislative process. He reviewed the principal and conditional uses in the Residential Suburban District. He reviewed the cooperative household criteria. He talked about parking for residential uses and the parking requirements established for cooperative housing. He talked about the CUP review criteria and actual physical impacts of the proposal. He talked about how the site was noticed publicly.Staff believes the application meets all criteria and recommends approval to the commission. 07:10:38 PM (02:09:58) Questions of Staff Cr. Krauss talked about definition of cooperative households. He asked staff if they think five or more years is permanent enough. Cr. Mehl asked who is living there now. He asked about the size of the building, bedrooms, and parking spots. He asked about changes to the exterior of the building. Mayor Taylor asked about parking on Clydesdale Court. He asked about taking measurements for parking. 07:16:28 PM (02:15:48) Presentation by Applicant Jesse Laslovich, Meg Laslovich, Meehee Kirby,and Matt Kirby introduced themselves. Mr. Laslovich stated they are all on the deed for the property and have shared ownership. He gave the timeline of where they are now and what has happened prior to tonight. He talked about the application and approval process with the Baxter neighborhood HOA. He talked about the intentions of adding livable square footage in the basement and other improvements to keep it a single family house. 07:23:37 PM (02:22:57)Questions of the Applicant Cr. Krauss stated that conditions need to be anticipated that might need mitigation. He asked about their intentions to have religiously related meetings or activities. Mayor Taylor asked about the definition of revivals and the applicants' intent. Cr. Pomeroy asked about the number of students attending bible studies and the possibility for carpooling.She added a question about affordable housing and whether it is affordable for one family Page 9 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 versus two. 07:30:37 PM (02:29:57) Recess Mayor Taylor called the Commission into recess until 7:40 PM. 07:42:42 PM (02:42:02)Call to Order Mayor Taylor called the meeting back to order at 7:42 PM. 07:42:55 PM (02:42:15) Public Comment Mayor Taylor opened public comment. 07:43:44 PM (02:43:04) Candace Mendenhall,Public Comment Ms. Mendenhall is on the board of Baxter Meadow Phase 1. She talked about the personal letter she wrote, as well as on behalf of the board itself, and made some clarifications about the approval process. 07:47:28 PM (02:46:48)Sheila Nick,Public Comment Ms. Nick attested to the character of the applicants and believes they will have creative solutions to the students who come over. She further stated the applicants will always have the same number of students as guests in their home no matter where they live. 07:49:15 PM (02:48:35) Carla Singleton, Public Comment Ms. Singleton stated the Kirbys have been living with them until a decision is reached on cooperative housing. She talked about their character and having bible studies and study groups in their home. 07:50:46 PM (02:50:06)Jeff Farve, Public Comment Mr. Farve is a Clydesdale Court resident and residential manager of another home on Clydesdale Court. He read a letter from residents on Clydesdale Court who strongly oppose the CUP. He expressed his personal opinion as well as a builder and resident. He talked about affordable housing. 07:54:16 PM (02:53:36) Wendy Stock, Public Comment Ms.Stock is a Clydesdale Court resident and talked about all the structures she can see from her home. She talked about the current design and operation of Baxter Meadows as a mixed use neighborhood. 07:56:11 PM (02:55:31)Mary Ruthier, Public Comment Ms. Ruthier is a homeowner in Baxter Meadows West and talked about the letter she submitted to Chris Saunders and the Commission. She talked about the review of covenants for the neighborhood and R-S designation of Baxter Meadows. 07:57:56 PM (02:57:16)Paul Ruthier, Public Comment Mr. Ruthier commented on home ownership due diligence. He talked about the potential effect of all neighborhoods throughout Bozeman if the commission rules in favor of this application. Page 10 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 07:59:20 PM (02:58:40)Ben Sheleeney,Public Comment Mr.Sheleeney is a college student and part of the group meetings in the applicant residence. He stated he wants to be respectful of the neighborhood and will do what is asked. 08:00:24 PM (02:59:44)Lisa Hedge,Public Comment Ms. Hedge lives in Baxter Meadows and talked about the two families'track record of being good neighbors.She talked about her support of the CUP and the type of household the families are seeking. 08:01:15 PM (03:00:35)Robert Chandlis Public Comment Mr. Chandlis spoke to the character of the families. He talked about the danger of setting a precedence of not accepting the CUP. He further spoke about the opportunity for Bozeman to see families come together and what it could look like for the future of finding affordable housing. 08:03:33 PM (03:02:53)Bob Muldowney,Public Comment Mr. Muldowney does not think this is an affordable housing solution. He talked about reasons for specific zoning districts for purposes of people choosing the density where they can afford to live. He talked about the summary and intent of the municipal code. 08:06:16 PM (03:05:36)Jennifer Farve,Public Comment Ms. Farve is a Clydesdale Court resident and attorney.She talked about a fundamental disconnect regarding what is allowed under R-S and the process for CUP. She talked about a process for applying for a multi-family dwelling versus a CUP. 08:09:31 PM (03:08:51)Rachelle Schmidt Public Comment Ms.Schmidt is a Baxter Meadows resident and commented on the meetings that happen in the home in question,which she has also hosted in her home.She talked about the comments on hard work and doesn't want them to be confused with the people that live there. 08:11:25 PM (03:10:45)Greg Heyes,Public Comments Mr. Heyes is a Clydesdale Court resident and met with two of the applicants. He talked about his understanding of the premise of the CUP and the zoning at the time he and his wife built their house. He talked about affordability of the neighborhood. 08:13:55 PM (03:13:15)Joshua Barkoski,Public Comment Mr. Barkoski is college student and part of the ministry the applicants operate He reiterated that knowing all the activity that would occur at the residence, he wants to be respectful and treat the neighbors with love and dignity. 08:15:18 PM (03:14:38)Kelsey Chamblis,Public Comment Ms. Chamblis stated she and her husband are former Baxter Meadows residents and have hosted similar gatherings to the applicants in the neighborhood and never heard complaints from neighbors.She talked about the freedom of inviting guests into homes and the respect of neighbors. Page 11of19 Bozeman City Commission Meeting Minutes,November 20,2017 08:16:25 PM (03:15:45)Emily Kelly, Public Comment Ms. Kelly talked about the qualifications of cooperative housing being met in the future and how the city will meet them.She talked about the determination by the city of the number of cooperative homes. 08:18:41 PM (03:18:01)Zach Graham,Public Comment Mr. Graham talked about the municipal code and cooperative household definition. He reviewed the requirements for a CUP qualification and believes the applicants have met them. 08:21:23 PM (03:20:43)Applicant Rebuttal Mr. Kirby talked about the concerns of whether or not they will follow through with the conditions met. He talked about with their intent to cooperate with neighborhood requirements and parking issues as well as their desire to obey the law. He further talked about the concern of the precedent they are setting with the CUP. 08:23:45 PM (03:23:05)Questions of Staff Cr. Krauss stated a reminder that he had asked about religious services and bible meetings being held in the home, and it was answered affirmatively. He talked about the applicants' references to their work and career path. He asked staff if they questioned the applicants' intent on having such a large home to hold those types of meetings and wonders how that fits into their definitions. CA Sullivan responded. Mayor Taylor asked about sidewalks in the culdesac. Cr. Mehl commented it was stated that R-S is a required single household and is not by definition meant for two households. He asked for staff's opinion of the ability to live in a community center. CA Sullivan spoke about conditional use permits. Cr. Pomeroy stated a disclosure. She stated that she and Mr. and Mrs. Kirby attend the same church, and her vote will not be effected by that situation.She asked staff if the two applicants meet all the requirements and criteria for the CUP and cooperative household. Mayor Taylor asked about the ability to run a business out of a house in certain districts. He asked who gets to judge when a given residential use with overlay of work related stuff is too much or too little. 08:36:30 PM (03:35:50)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 17469 and move to approve the 4149 Clydesdale Court Cooperative Household conditional use permit to allow the establishment of a cooperative household with conditions and subject to all applicable code provisions. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 08:37:05 PM (03:36:25) Discussion Cr. Mehl stated that the city has not done this before. He talked about a possibility for cooperative housing existing in the code for good reason. He is generally inclined to support it but is open to more conditions. He thinks there would be noise provisions if that were an issue. He talked about monitoring Page 12 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 for parking problems. Cr. Krauss commented if this were a simple residence issue they could all agree unanimously, but given the career path he does not believe their meetings are the same as general guest use. He commented on completeness of the application. He talked about the use of a cul-de-sac and conditions that will impact public safety. He talked about conditioning the use to mitigate the problems with the uses that are different from the surrounding area. Cr. Pomeroy stated the applicant has met the criteria, and if citizens meet requirements we treat them fairly. She talked about innovative affordable housing and believes that's what this is. DM Andrus talked about the use table and what can be built in an R-S district. She believes they meet the criteria.She talked about parking impacts.She talked about conditions for a conditional use permit. Mayor Taylor commented that this is complicated and requires ferreting out a number of issues coming into play. He talked about the HOA, parking,the interconnection with the bond and criteria#1. He talked about the testimony of property values and the use that relates to the bond regarding the study groups. He is open to a proposal around that or looking at something else that would moderate how often this particular cul-de-sac is filled with vehicles. Cr. Krauss commented the bond they have is the work they do,so it is about work and occupation in his mind. He pointed out the reason he would vote no is the work they do and the religious meetings they have is part of the work they do. He talked about conditions of the sidewalks to access the property. CM Surratt stated this applicant has two individual families and we would not be asking questions if it were not an application for a CUP.She further stated that should there be an issue related to work, it should be under a different conditional use permit. She suggested thinking differently in that way. Cr. Mehl asked CM Surratt if management is asking the Commission to kick this to staff. CA Sullivan provided clarification. Cr. Krauss reiterated comments about a statement in the CUP application by the applicants regarding the shared bond in ministering to college students. Cr. Mehl asked what the condition for noise and outside use on other CUPs. Cr. Mehl would like to put a condition in the motion as an amendment. 09:03:28 PM (04:02:48)Amendment to the Motion that it is advisory that the CUP is contingent on the applicant following the noise and outdoor construction time restraints. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 09:03:43 PM (04:03:03) Discussion Cr. Mehl stated he would leave it to staff if they want to clean up the amendment.The point is because there may be a number of meetings at the home with the implication they would be held inside, in consideration of the neighbors the noise and timing of that would be covered. Cr. Pomeroy stated it makes sense and she will support the amendment. CA Sullivan clarified the compliance clause as a condition. Cr. Pomeroy clarified they are not restricting the time guests would have to leave the residence. Page 13 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 Mayor Taylor will support the amendment. He doesn't see the point of restricting the noise. He would be supportive of something with parking restrictions but this is a step towards making it clear. 09:07:50 PM (04:07:10) Vote on the Amendment to the Motion that it is advisory that the CUP is contingent on the applicant following the noise and outdoor construction time restraints. The motion passed 5-0. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Carson Taylor:Approve Deputy MaVor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- 1-Ho PomeroV:Approve Commissioner-Chris Mehl:Approve 09:08:09 PM (04:07:29) Discussion Cr. Mehl stated we have a complaint driven system. He talked about traffic and ownership in the neighborhood. He talked about parking legally and working hard to be good neighbors and talk to their commuters about what is expected of them. Overall he thinks they meet the conditions of the CUP. Cr. Pomeroy commented the she has known Mr. and Mrs. Kirby and can tell they will be good neighbors as they are such fine people individually. Mayor Taylor will vote for it. He thinks the fundamental requirements for cooperative housing have been met. He cannot easily separate what is work, social and faith. He will leave it to what happens next. 09:14:25 PM (04:13:45) Vote on the Motion as Amended 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 17469 and move to approve the 4149 Clydesdale Court Cooperative Household conditional use permit to allow the establishment of a cooperative household with conditions and subject to all applicable code provisions. It is advisory that the CUP is contingent on the applicant following the noise and outdoor construction time restraints. The motion passed 4-1. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mayor-Carson TaVlor: Approve Deputy Mayor-Cynthia Andrus: Approve Commissioner-Jeff Krauss: Disapprove Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 5. 09:15:01 PM (04:14:21) Resolution 4839,Allocation of Cash-in-Lieu of Parkland Dedication Funds to the North Black Pocket Park Project(Poissant) , 45 Page 14 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 09:15:22 PM (04:14:42)Staff Presentation Mitch Overton, Director of Parks and Recreation,gave an overview of the presentation on the North Black Pocket Park. He explained the Downtown Bozeman Partnership approached the Parks and Recreation Department with a request to utilize cash-in-lieu of parkland dedication funds to improve a blighted property on the corner of Black and Mendenhall owned by the City.The Downtown Bozeman Partnership submitted an application for the design concept of a pocket park. Carolyn Poissant, Manager of Trails, Open Space and Parks Design and Development, presented the application. Ms. Poissant presented the site context.She talked about Municipal Code and Montana Code requirements.She talked about the Trails,Open Space and Parks (TOP)Committee plan and downtown plan relative to enhancement of public spaces.She talked about the preferred concept plan. 09:21:57 PM (04:21:17)Questions of Staff There were no questions of staff. 09:22:02 PM (04:21:22)Questions of Applicant Cr. Mehl asked Chris Naumann, Executive Director of the Downtown Bozeman Partnership and applicant, if the Downtown Partnership is committed to maintaining the park. 09:23:32 PM (04:22:52) Public Comment There was no public comment. 09:23:39 PM (04:22:59)Motion that in In consideration of all public input and materials presented to date,I hereby adopt Resolution 4839,allocating$20,000 from the cash-in-lieu of parkland dedication account for construction of improvements for the North Black Pocket Park, in accordance with the provisions of Section 38.27.030 of the Bozeman Municipal Code. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy:2nd 09:24:23 PM (04:23:43) Discussion Cr. Krauss stated it will be an improvement and supports it. Cr. Pomeroy agreed it will be an improvement in amenities and support the central business core and individuals alike.She will support the motion. DM Andrus stated it meets the legal use of spending the cash-in-lieu and the use is identified in the downtown plan.She will support it. Cr. Mehl noted in the staff report that it's targeting cash-in-lieu, and about double this amount has been raised locally for cash-in-lieu so it will go back into that area. 09:25:47 PM (04:25:07) Vote on the Motion that in In consideration of all public input and materials presented to date,I hereby adopt Resolution 4839, allocating$20,000 from the cash-in-lieu of parkland dedication account for construction of improvements for the North Black Pocket Park,in Page 15of19 Bozeman City Commission Meeting Minutes,November 20,2017 accordance with the provisions of Section 38.27.030 of the Bozeman Municipal Code. 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 6. 09:25:59 PM (04:25:19) Human Resource Development Council (HRDC) Funding Request for up to$77,560 for General Support(Donald) "' a 09:26:17 PM (04:25:37)Staff Presentation Finance Director Kristin Donald presented the background of the request. Ms. Donald pointed out that during the approval process for the fiscal year 2018 budget in June,the Commission earmarked funds for HRDC in the amount of$77,560. HRDC submitted a formal request for funding explaining how the funds would be handled.She stated that Heather Grenier, HRDC, is present to answer questions. 09:27:09 PM (04:26:29) Questions of Applicant Cr. Pomeroy asked Heather Grenier,from HRDC,that if they get the money will they try to use it for transportation, housing, child care, mental health, outreach and education. DM Andrus talked about federal cuts and confirmed HRDC's inability to talk about how much they would be allocating to each identified area until they are informed of the cuts. 09:29:06 PM (04:28:26) Public Comment There was no public comment. 09:30:21 PM (04:29:41)Motion to release funding up to$77,560 from the FY18 General Fund approved budget to HRDC for general support. Commissioner- 1-Ho Pomeroy: Motion Deputy MaVor-Cynthia Andrus: 2nd 09:30:50 PM (04:30:10) Discussion Cr. Pomeroy stated the City has already committed to this budget and truly thanks HRDC for stepping to address those problems identified. DM Andrus will support the motion and appreciates the partnership HRDC has had with the city and their ability to work on issues the city cannot work on alone. Cr. Mehl seconded the pointed about HRDC as one of our strongest supporters of human resources. He talked about the decision to put this item in the budget. He stated the Commission will continue to ask Page 16 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 HRDC for proof of how funds were used. Cr. Krauss commented on significant efforts in the past of the county in this regard. He recognized that without HRDC we would not have a safety net in this town. He will vote in favor. Mayor Taylor stated our community would not be the community it is without a number of organizations including HRDC. He talked about the help we get from the federal government in various places and further talked about the taxes shifted to the local entity. He pointed out why the City will pick up some of the funding. Cr. Pomeroy asked Ms.Grenier whether HRDC will be able to open the warming center one more month with this funding. 09:39:45 PM (04:39:05) Public Hearing Re-Opened Mayor Taylor re-opened the public hearing. 09:39:53 PM (04:39:13) Public Comment Mayor Taylor opened public comment. 09:39:59 PM (04:39:19) Vote on the Motion to release funding up to$77,560 from the FY18 General Fund approved budget to HRDC for general support. The motion passed 5-0. Commissioner- I-Ho Pomeroy: 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 7. 09:40:18 PM (04:39:38) Human Resource Development Council (HRDC) Funding Request for up to$64,000 for Streamline Services (Donald) a 09:40:31 PM (04:39:51)Staff Presentation Finance Director Kristin Donald talked about the resolution adopted on September 11, 2017, Resolution No. 4843, amending the general budget to appropriate $64,000 to Streamline Services for HRDC. She talked about the proposal submitted by HRDC and deferred to Heather Grenier, HRDC,for questions. 09:41:04 PM (04:40:24)Questions of Applicant There no were no questions of the applicant. 09:41:15 PM (04:40:35) Public Comment Mayor Taylor opened public comment. 09:41:39 PM (04:40:59)Mark Egge,Public Comment Mr. Egge talked about the many important services HRDC provides the community,one of which is Page 17 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 transit. He talked about increasing ridership. He talked about the goals of the transportation system. 09:44:35 PM (04:43:55)Motion to release funding up to$64,000 from the FY18 General Fund approved budget to HRDC for Streamline Services. Deputy MaVor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd 09:44:49 PM (04:44:09) Discussion DM Andrus stated she will support the motion and that supporting Streamline is good for the community and environment. She talked about how they will potentially be spending this money on increasing their services. Cr. Mehl talked about the frequency of Streamline services as well as the route of the service of blue line being in areas that will see impact of ridership. He pointed out we have approached the 50,000 mark and will be changing the approach of mass transit dramatically. Cr. Pomeroy pointed out every year more people use streamline buses and it's very good for our environment. Cr. Krauss stated at some point in time he expects to see a funding model that includes the concept that people who use the service will pay for a portion of it. 09:51:40 PM (04:51:00) Vote on the Motion to release funding up to$64,000 from the FY18 General Fund approved budget to HRDC for Streamline Services. The motion passed 5-0. H. 09:51:53 PM (04:51:13) FYI/Discussion • Mayor Taylor wished everyone a Happy Thanksgiving. I. 09:52:13 PM (04:51:33)Adjournment Mayor Taylor adjourned the meeting at 9:52 PM. Carson Taylor Mayor ATTEST: .q,•.• 41 ` ••tip Robin Crough City Clerk 1883 Page 18 of 19 Bozeman City Commission Meeting Minutes,November 20,2017 PREPARED BY: Brenda Sweeney Deputy City Clerk Approved on: QaO W,iaec 1) I. Page 19 of 19