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HomeMy WebLinkAbout03-19-18 City Commission Minutes so THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, March 19,2018 AGENDA ORDER MODIFIED DURING MEETING.ITEM AND NUMBER DESIGNATIONS REMAIN AS ORIGINALLY NOTICED. Mayor-Cynthia Andrus: Present Deputy Mayor-Chris Mehl: Present Commissioner-Jeff Krauss: Present Commissioner-I-Ho Pomeroy: Present Commissioner-TerryCunningham: Present Staff Present at the Dais:City Manager(CM)Andrea Surratt, City Attorney(CA)Greg Sullivan,City Clerk Robin Crough A. 06:00:00 PM (00:04:40)Call to Order—6:00 PM-Commission Room,City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 6:00 PM. B. 06:00:07 PM (00:04:47) Pledge of Allegiance and a Moment of Silence C. 06:00:51 PM (00:05:31)Changes to the Agenda There were no changes to the agenda. D. 06:00:57 PM (00:05:37) FYI 1. Emergency Stormwater Ordinance on March 26, 2018 City Commission Agenda (Sullivan/Woolard) Public Works Director notified the Commission and public of an emergency ordinance coming up on next week's agenda. 2. Cr. Cunningham stated that the Inter-Neighborhood Council maybe reaching out to Commissioners to attend individual neighborhood meetings. E. 06:03:27 PM (00:08:07)Commission Disclosures Mayor Andrus stated she will be recusing herself from the Co-op action item, as she has a direct family relationship. Page 1 of 12 Bozeman City Commission Meeting Minutes,March 19,2018 The Commission disclosed who was a member of the Co-op and Costco prior to the action items later in the agenda. F. 06:05:17 PM (00:09:57) Minutes 1. Approve the Regular Meeting Minutes from February 5, February 12, and February 26, 2018, Executive Session Minutes from January 8,2018,and User Access to Linked Minutes(Crough) 06:05:22 PM (00:10:02)Motion and Vote to approve the City Commission minutes from February 5, February 12,and February 26,2018, and Executive Session minutes from January 8,2018 as submitted. The motion passed 5-0. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve G. 06:06:55 PM (00:11:35)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 4z' 2. Approve the Final Plat for Boulder Creek Phase 2 Subdivision and Authorize the Director of Public Works to Execute the Same on behalf of the City of Bozeman; the Director of Community Development to Sign the Improvements Agreements on behalf of the City of Bozeman; and the City Manager to Sign the Public Access Easement, Release and Reconveyance of a Street Easement, and Lift Station Agreement with Rosa Johnson Development, LLC on behalf of the City of Bozeman, Application 17527 (Quasi-Judicial) (Cooper) a 3. Authorize the Mayor to Sign the Findings of Fact and Order for the Hoover Way Subdivision Preliminary Plat,Application 17117 (Quasi-Judicial) (Jadin) 4. Authorize the City Manager to Sign a Perpetual Access Easement with KS DevCor, Inc.for the Lakes at Valley West, Phase 4 Project(Kohtz) a 5. Authorize the City Manager to Sign a Professional Services Agreement with Aero-Graphics for the 2018 Aerial Photo and LiDAR Project(Henderson) ` . a 6. Authorize the City Manager to Sign Amendment Number 2 to the Professional Services Agreement with RE/SPEC,Inc.to Provide$190,102 for Groundwater Investigation Services for Phase 3: Well Siting Feasibility and Test Well Design, Permitting and Monitoring Program (Heaston) .' 4= Page 2 of 12 Bozeman City Commission Meeting Minutes,March 19,2018 7. Ratify the City Manager's Signature on Amendment Number 1 to the Professional Services Agreement with the Human Resource Development Council (HRDC) for a One Year Contract Extension in the Amount of$14,400 for the Affordable Housing Program Services (Matsen) Ia 8. Resolution 4890, Completion of the Starner Annexation and Authorizing the City Manager to Sign the Annexation Agreement with TKA Properties,Application 17187(Saunders) .� _a 9. Ordinance 1988 Provisional Adoption, the Starner Annexation Zone Map Amendment to Designate 2.658 Acres as B2, Community Business District,Application 17187 (Saunders) a 06:06:59 PM (00:11:39)City Manager Overview CM Surratt provided a brief overview of Consent Items 1-9. 06:09:25 PM (00:14:05) Public Comment There was no public comment. 06:09:36 PM (00:14:16)Motion and Vote to approve Consent Items 1-9 as submitted. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Deputy Mayor-Chris Mehl: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve H. 06:09:52 PM (00:14:32) Public Comment Mayor Andrus opened public comment. 06:10:26 PM (00:15:06)Don Beeman,Public Comment Mr. Beeman commended the Strategic Plan so far. He did discuss a focus issue,and encouraged the Commission to narrow the focus.At this point resources would be an issue. He cautioned the Commission to stay away from buzzwords and politics. I. 06:12:49 PM (00:17:29)Special Presentation 1. State of the City Address(Andrus) Mayor Andrus presented her State of the City Address. J. 06:41:11 PM (00:45:51)Action Items Page 3 of 12 Bozeman City Commission Meeting Minutes,March 19,2018 1. 06:41:17 PM (00:45:57) Ordinance 1997 Final Adoption, a Text Amendment of the Bozeman Municipal Code to Establish Transitional and Emergency Housing Use and Associated Standards and Place it in Specific Zoning Districts,Application 18011 (Rogers) ~ a 06:41:44 PM (00:46:24)Staff Presentation Senior Planner Tom Rogers stated the provisional adoption occurred on February 12, 2018, adopted unanimously. 06:42:48 PM (00:47:28)Questions of Staff DM Mehl asked when the UDC Update and this ordinance goes into effect. Cr.Cunningham asked about the parking per dwelling decision process. Cr. Krauss asked for a summary of the criteria for the Community Development Director for decision making. DM Mehl spoke of the intent of his amendment during provisional adoption. 06:50:00 PM (00:54:40) Public Comment There was no public comment. 06:50:24 PM (00:55:04)Motion that having reviewed and considered the ordinance text,public comment, and all the information presented, I move to finally adopt Ordinance 1997, the Transitional and Emergency Housing Municipal Code text amendment. DeputV Mayor-Chris Mehl: Motion Commissioner-Terry Cunningham: 2nd 06:51:00 PM (00:55:40)Amendment to the Motion that the text of the manual be shared with the City Commission before the effective date of this ordinance. Deputy Mayor-Chris Mehl: Motion Commissioner-Terry Cunningham: 2nd 06:51:12 PM (00:55:52) Discussion DM Mehl stated he would like the Commission to review the intent and efficacy. 06:51:52 PM (00:56:32) Vote on the Amendment to the Motion that the text of the manual be shared with the City Commission before the effective date of this ordinance. The amendment passed 5-0. Deputy Mayor-Chris Mehl: Motion Commissioner-Terry Cunningham: 2nd Mayor-CVnthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Page 4 of 12 Bozeman City Commission Meeting Minutes,March 19,2018 Commissioner- 1-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 06:52:06 PM (00:56:46) Discussion DM Mehl noted this is an appropriate response to the needs of the community. Cr. Cunningham discussed the less public face of Bozeman who will benefit from this. Cr. Pomeroy strongly supports the motion. Cr. Krauss was hoping for changes to improve the zoning regulations this creates. DM Mehl clarified this is a special use. Mayor Andrus stated this is being responsible for the community and supports the motion. Cr. Krauss will be voting no. 07:05:43 PM (01:10:23) Vote on the Motion that having reviewed and considered the ordinance text, public comment,and all the information presented, 1 move to finally adopt Ordinance 1997, the Transitional and Emergency Housing Municipal Code text amendment. The motion passed 4-1. Deputy Mayor-Chris Mehl: Motion Commissioner-Terry Cunningham: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 2. 07:05:56 PM (01:10:36) Bozeman Costco Addition Site Plan and Preliminary Planned Unit Development (PUD) Applications to Allow a 24,000 Square Foot Expansion of the Existing 126,000 Square Foot Costco Warehouse Facility with Parking, Open Space, and Related Site Improvements, Located at 2505 Catron Street on 18.41 Acres Zoned B-2 and within the Class 1 1-90 Entryway Corridor,Applications 17412 and 17413 (Quasi-Judicial) (Rogers) 4= 07:06:32 PM (01:11:12)Staff Presentation Senior Planner Rom Rogers provided an overview of the Costco expansion application. Development Review Engineer Shawn Kohtz spoke of the Condition of Approval to improve the Max and Catron intersection. 07:27:59 PM (01:32:39)Questions of Staff Cr.Cunningham asked how this project fits in terms of scope and scale. He asked about the requested parking relaxation. He asked Mr. Kohtz a number of questions about the intersection. Cr. Pomeroy asked about traffic expectations. Cr. Krauss about street infrastructure and access. He asked in detail about the points allocated. DM Mehl asked about annexation. He asked about design and traffic. Cr. Krauss asked about Catron's classification as a local street. Public Works Director Craig Woolard responded. Page 5 of 12 Bozeman City Commission Meeting Minutes,March 19,2018 08:09:27 PM (02:14:07) Recess Mayor Andrus called the Commission into recess until 8:19 PM. 08:19:57 PM (02:24:37) Call to Order Mayor Andrus called the meeting back to order at 8:20 PM. 08:20:04 PM (02:24:44)Applicant Presentation Steve Bullock with MG2 introduced the team and discussed the site plan. He stated they are supportive of the conditions in the staff report.Andy Deliden responded regarding traffic patterns. He provided Costco's recommendation. 08:32:59 PM (02:37:39)Questions of Applicant Cr. Cunningham asked about parking,traffic, and sustainability. Cr. Pomeroy asked about fixing the intersection and road improvements. Cr. Krauss asked about project costs and parking. DM Mehl asked about the traffic report and options for adding entrances. Mayor Andrus asked what's driving the addition,and asked about sustainability. Cr. Pomeroy asked the applicant if they were happy with the motions. 09:08:33 PM (03:13:13) Public Comment There was no public comment. 09:08:51 PM (03:13:31)Staff Clarifications Public Works Director Woolard responded to Costco's comments. Mr. Kohtz stated the City is also participating in the Catamount improvement. 09:13:07 PM (03:17:47)Questions of Staff Continued Cr. Krauss asked if the City has Waivers of Right to Protests from other property in the area, addressing Catron Street. 09:17:15 PM (03:21:55)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 17412 and move to approve the preliminary planned unit development subject to conditions and all applicable code provisions. Commissioner-Terry Cunningham: Motion Commissioner- I-Ho Pomeroy: 2nd 09:17:41 PM (03:22:21) Discussion Cr. Cunningham spoke of Costco's investment in Bozeman and safety concerns. Cr. Krauss will be voting no and explained his rationale. Page 6 of 12 Bozeman City Commission Meeting Minutes,March 19,2018 DM Mehl supports the PUD conditions,and that an upgrade will be required in the future. Cr. Pomeroy stated she agrees with Costco that it is not fair. DM Andrus discussed her support. 09:38:10 PM (03:42:50) 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 17412 and move to approve the preliminary planned unit development subject to conditions and all applicable code provisions. The motion passed 3-2. Commissioner-Terry Cunningham: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner-I-Ho Pomeroy: Disapprove Commissioner-Terry Cunningham:Approve 09:38:35 PM (03:43:15)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 17413 and move to approve the site plan application subject to conditions and all applicable code provisions. Commissioner-Terry Cunningham: Motion Commissioner- I-Ho Pomeroy: 2nd 09:38:58 PM (03:43:38) Discussion Cr. Krauss stated he hopes Costco does not leave and comes back with a new set of plans. DM Mehl agrees with the findings of the staff report. He discussed the intersection improvement policy. 09:41:03 PM (03:45:43) 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 17413 and move to approve the site plan application subject to conditions and all applicable code provisions. The motion passed 3-2. Commissioner-Terry Cunningham: Motion Commissioner-I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner- I-Ho Pomeroy: Disapprove Commissioner-Terry Cunningham:Approve 09:41:18 PM (03:45:58) Mayor Recusal Mayor Andrus recused herself and passed the gavel to Deputy Mayor Mehl. Page 7 of 12 Bozeman City Commission Meeting Minutes,March 19,2018 3. 09:41:29 PM (03:46:09) Community Food Co-op West Main Expansion Site Plan and Conditional Use Permit (CUP) Applications Requesting Approval of a 23,550 Square Foot Expansion and Approval to Operate a Food Processing Facility within the B-2M Zoning District, Applications 17493 and 17494(Quasi-Judicial) (Jadin) Cz 09:42:04 PM (03:46:44)Staff Presentation Planner Addi Jadin presented the proposed food processing facility expansion for the Bozeman Co-op. 09:49:09 PM (03:53:49)Questions of Staff Cr. Krauss asked if we are currently allowing deviations for new construction. Cr. Cunningham asked about the loading/unloading areas. 09:51:47 PM (03:56:27)Applicant Presentation Kelly Wiseman, Co-op general manager, discussed the expansion. 09:53:11 PM (03:57:51)Questions of Applicant Cr. Pomeroy asked about the Co-op's work with local businesses. Cr. Cunningham asked about the nature of the food processing. DM Mehl asked if the current building will be upgraded at all. 09:57:09 PM (04:01:49) Public Comment There was no public comment. 09:57:40 PM (04:02:20)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 applications 17493 and 17494 and move to approve the conditional use permit and site plan with conditions and subject to all applicable code provisions. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd 09:58:14 PM (04:02:54) Meeting Extended DM Mehl extended the meeting to 10:15 PM. 09:58:19 PM (04:02:59) Discussion Cr. Pomeroy discussed her appreciation of the Co-op.She disclosed her business relationship with the Co-op but stated it does not affect her vote. Cr. Krauss discussed the proposal. Cr.Cunningham adopted the findings of the staff report. He will vote in support of the motion. DM Mehl discussed his support of the motion. 10:06:05 PM (04:10:45) 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 Page 8 of 12 Bozeman City Commission Meeting Minutes,March 19,2018 the staff report for applications 17493 and 17494 and move to approve the conditional use permit and site plan with conditions and subject to all applicable code provisions. The motion passed 4-0. Commissioner-I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus: Recused Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 10:06:26 PM (04:11:06) Passing the Gavel Deputy Mayor Mehl passed the gavel back to Mayor Andrus. 5. 10:06:40 PM (04:11:20) Public Hearing to Determine Whether Approximately 6.6 Acres of City-Owned Property, Located at 2125 North Rouse Avenue, Former Location of the Humane Society, is Necessary for the Conduct of City Business or that the Public Interest May be Furthered by the Exchange of the Property with Northwestern Energy for an Access Road from Manley Road Serving the East Gallatin Recreation Area and the City Storage Yard (2/3 Vote Required) (Woolard) ~ Ca 10:07:28 PM (04:12:08)Staff Presentation Public Works Director Craig Woolard discussed the 2125 North Rouse Avenue property. Pat Patterson with NorthWestern Energy discussed NWE's interest in the property. 10:16:22 PM (04:21:02) Meeting Extended Mayor Andrus extended the meeting to 10:30 PM. 10:16:35 PM (04:21:15)Staff Presentation Continued Director Woolard noted the next steps. 10:19:10 PM (04:23:50) Questions of Staff Cr. Krauss asked if the City would ever use this for our own yard. DM Mehl asked if the N. Rouse access would remain accessible. Cr.Cunningham asked about possible improvements to N. Rouse. Cr. Pomeroy asked about putting residential uses on the property. 10:25:06 PM (04:29:46) Public Comment Mayor Andrus opened public comment. 10:25:15 PM (04:29:55)Kevin Thane,Public Comment Mr.Thane discussed the exploration of this land for affordable housing. Page 9 of 12 Bozeman City Commission Meeting Minutes,March 19,2018 10:26:22 PM (04:31:02)Motion that having considered the information presented by staff and public comment,I move to adopt the findings included in the staff memorandum and determine approximately 6.6 acres of City-owned property at 2125 North Rouse Avenue, is no longer necessary for the conduct of City business or the preservation of City property and also that the public interest will be furthered by an exchange of the property with Northwestern Energy and direct the City Manager to complete all steps necessary to complete the exchange and return to the Commission with an ordinance authorizing the exchange. Commissioner-Jeff Krauss: Motion DeputV Mavor-Chris Mehl: 2nd 10:27:02 PM (04:31:42) Discussion Cr. Krauss stated staff is not planning on building on the property. DM Mehl supports the motion, and believes the case is made for the property and public good. Cr.Cunningham agrees the property is no longer necessary to stay in the City's purview. Cr. Pomeroy supports the motion. Mayor Andrus supports the exchange. 10:30:07 PM (04:34:47) Vote on the Motion that having considered the information presented by staff and public comment,I move to adopt the findings included in the staff memorandum and determine approximately 6.6 acres of City-owned property at 2125 North Rouse Avenue, is no longer necessary for the conduct of City business or the preservation of City property and also that the public interest will be furthered by an exchange of the property with Northwestern Energy and direct the City Manager to complete all steps necessary to complete the exchange and return to the Commission with an ordinance authorizing the exchange. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Deputy Mayor-Chris Mehl: 2nd Mayor-Cynthia Andrus:Approve Deputy Mavor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 4. 10:30:17 PM (04:34:57) MOVED TO MARCH 26, 2018 Reseluti „ 4845, nll,,eati „ of C.,rh in i it . 10:30:26 PM (04:35:06) Meeting Extended Mayor Andrus extended the meeting to 10:35 PM. Page 10 of 12 Bozeman City Commission Meeting Minutes,March 19,2018 6. 10:30:32 PM (04:35:12)Appointment(s)to the Building Board of Appeals(Sweeney) _ a 10:30:49 PM (04:35:29)Motion and Vote to appoint Ted Conover and Jason Martel to the Building Board of Appeals with terms ending December 31,2018 and Cristie Tate with a term ending December 31,2019. The motion passed 5-0. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- 1-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 7. 10:31:24 PM (04:36:04) Appointment(s) to the Community Affordable Housing Advisory Board (CAHAB) (Sweeney) - ! 10:31:34 PM (04:36:14)Motion to appoint Dulaney Collins to the Low or Moderate Income Person positions expiring June 30,2020,and Jennisse Schule to the Citizen with Demonstrated Interest in Special Needs Housing position with a term expiring June 30,2018 Ito the Community Affordable Housing Advisory Board]. Commissioner-Terry Cunningham: Motion Commissioner- I-Ho Pomeroy: 2nd 10:32:28 PM (04:37:08) Discussion Cr.Cunningham discussed the qualifications of the applicants. 10:33:38 PM (04:38:18) Vote on the Motion to appoint Dulaney Collins to the Low or Moderate Income Person positions expiring June 30,2020, and Jennisse Schule to the Citizen with Demonstrated Interest in Special Needs Housing position with a term expiring June 30,2018[to the Community Affordable Housing Advisory Board]. The motion passed 5-0. Commissioner-Terry Cunningham: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve K. 10:33:51 PM (04:38:31) FYI/Discussion Page 11 of 12 Bozeman City Commission Meeting Minutes,March 19,2018 L. 10:33:59 PM (04:38:39)Adjournment Mayor Andrus adjourned the meeting at 10:33 PM. i Cynthia L.Andrus Mayor ATTEST: , 0gso , , , , , 4F-I . K,~ Robin Crough �-9�•. ,a83 �. ��: City Clerk L9TIN Co•��� . PREPARED BY: Robin Crough City Clerk Approved on: , o Is Page 12 of 12