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Home My WebLink About09-17-18 City Commission Minutes k t tt'�r __ 8:_ �V co.� THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,September 17,2018 Mayor-Cynthia Andrus: Present Deputy Mayor-Chris Mehl: Present Commissioner-Jeff Krauss: Present Commissioner-I-Ho Pomeroy: Present Commissioner-Terry Cunningham: Present Staff Present at Dais:City Manager(CM)Andrea Surratt, City Attorney(CA) Greg Sullivan, City Clerk Robin Crough A. 06:00:00 PM (00:03:13)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. 06:00:02 PM (00:03:15) Pledge of Allegiance and a Moment of Silence C. 06:00:49 PM (00:04:02)Changes to the Agenda There were no changes to the agenda. D. 06:00:56 PM (00:04:09) FYI • Cr. Cunningham reminded the public that on Wednesday at 6:00 at the Library there will be a Bozeman Public Safety Center Town Hall. E. 06:01:49 PM (00:05:02)Commission Disclosures • Mayor Andrus disclosed that she was asked about Maple Terrace by a neighbor on site this morning. F. 06:02:32 PM (00:05:45)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) a 2. Authorize the City Manager to Sign Amendment Number 1 to the Professional Services Agreement with Morrison-Maierle, Inc.for the Capital Improvement Projects Field Survey for Augusta Drive (Gamradt) x°.. a Page 1 of 8 Bozeman City Commission Meeting Minutes,September 17,2018 3. Resolution 4957, Confirming the Appointment of Police Officers (Crawford) . a 06:02:37 PM (00:05:50) City Manager Overview CM Surratt discussed the highlights of the consent agenda. 06:03:25 PM (00:06:38) Public Comment There was no public comment. 06:03:45 PM (00:06:58)Motion and Vote to approve Consent Items 1-3 as submitted. The motion passed 5-0. Deputy Mayor-Chris Mehl: Motion Commissioner- 1-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 G. 06:04:01 PM (00:07:14) Public Comment There was no public comment. H. 06:04:45 PM (00:07:58)Action Items 1. 06:04:49 PM (00:08:02) Continue the Public Hearing on the Rainbow Creek Annexation and Zone Map Amendment from September 17, 2018 to October 8, 2018, Application 18240 (Garber) , c5 06:05:17 PM (00:08:30) Public Comment There was no public comment. 06:05:43 PM (00:08:56)Motion and Vote to hereby continue the public hearing on application 18240, Rainbow Creek Annexation and Zone Map Amendment,from September 17,2018 to October 8,2018. The motion passed 5-0. Commissioner- 1-Ho Pomeroy: Motion Commissioner-Terry Cunningham: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy: Approve Commissioner-Terry Cunningham:Approve Page 2 of 8 Bozeman City Commission Meeting Minutes,September 17,2018 2. 06:06:12 PM (00:09:25) Maple Terrace Zone Map Amendment Rezoning .67 Gross Acres / 29,210 Square Feet from R-1, Residential Low Density, to R-O, Residential Office, as allowed by Section 38.260.100 of the Bozeman Municipal Code,Application 18217 (Jadin) _a 06:06:48 PM (00:10:01)Staff Presentation Planner Addi Jadin entered her staff report into the record, and discussed the application to change the zoning of Maple Terrance to R-O, Residential—Office District. She discussed the intent of R-O zoning, and the residential Growth Policy designation.She discussed the current land use, and the zoning criteria of evaluation. Interim Public Works Director Shawn Kohtz discussed the existing volume to capacity ratios for traffic and existing levels of service. Ms.Jadin discussed compatibility and impacts on adjacent properties, public notice and public comment received.The protest threshold has been met and a 2/3 vote is required.The Development Review Committee and Zoning Commission recommend approval. 06:17:57 PM (00:21:10) Questions of Staff Mayor Andrus asked the City Attorney to clarify the role of covenants in relation to the City Commission.CA Sullivan clarified the City is not a party to the covenant and that the City Commission not rely on the incompatibility with the covenants to decide on this request. Cr.Cunningham asked about the perception of compatibility of R-O zoning based on adjacency. He asked about the difference of land use in this and the surrounding property. He asked what"scope" refers to in the staff report. He asked if service and transportation options were available in close proximity. He asked about roof height limits and transition zoning. He asked how this meets the Growth Policy requirement of a variety of housing types. He asked if residential zoning has to compatible across all residential districts. DM Mehl asked about the setback requirements and access points. Cr. Pomeroy asked if the application met all of the criteria A-C, and then further about the remaining criteria. Mayor Andrus asked how long the properties have been zoned R-1. 06:40:44 PM (00:43:57)Applicant Presentation Charles Parks has owned the lot for 27 years, and discussed past rezoning and covenants. He stated there are no definite plans for the development of the lots. Bobby Smith,the other applicant, is also a long-time owner of a number of the lots. He discussed the Growth Policy's application to the area. He also discussed access to the subdivision. He stated they are interested in density and infill in the area, as well as affordable housing. 06:49:18 PM (00:52:31) Public Comment Mayor Andrus opened public comment. 06:49:35 PM (00:52:48)Beth Deshazo,Public Comment Ms. DeShayzo has lived in the area for 45 years, and discussed concern for the rezoning of Maple Page 3 of 8 Bozeman City Commission Meeting Minutes,September 17,2018 Terrace,specific to public safety. 06:52:57 PM (00:56:10)Judy Locker, Public Comment Ms. Locker and her husband strongly protest the zone map amendment, as they bought the property assuming it would stay that zoning. She discussed market listings of the lots. 06:57:00 PM (01:00:13)Mary Dell Joyner,Public Comment Ms.Joyner protests the proposed zone map amendment since it conflicts with the covenants and hurts their property rights. She discussed property values and traffic safety. She also stated this is illegal spot zoning. 07:00:16 PM (01:03:29)Bob Locker, Public Comment Mr. Locker stated he felt misled when they were sold their lots that the adjacent zoning wouldn't be changing. 07:01:41 PM (01:04:54)Beth Kennedy, Public Comment Ms. Kennedy stated she bought her house before 19"dramatically changed the neighborhood,specific to traffic concerns. 07:03:22 PM (01:06:35)Staff Clarifications Interim Public Works Director Kohtz discussed when traffic studies are required. He discussed the new high school will help alleviate traffic demand at this location. 07:05:08 PM (01:08:21)Motion that having reviewed and considered the staff report, application materials,public comment, the Zoning Commission recommendation, and all information presented, I hereby adopt the findings presented in the staff report for application 18217 and move to recommend approval of the Maple Terrace zone map amendment, with contingencies required to complete the application processing. Commissioner-TerryCunningham: Motion Commissioner-Jeff Krauss: 2nd 07:05:38 PM (01:08:51) Discussion Cr. Cunningham discussed the difficulties of change in the city. He discussed basing the decision on the Growth Policy, Unified Development Code, and land use map, not on potential traffic or covenants. He discussed affordable housing and the need for more density. He supports the motion and adopts the findings in the staff report. Cr. Krauss stated a change in zoning has a much higher hill to climb than a controversial, large development, as in theory, zoning changes are a big issue. He discussed infill and access challenges. He adopted the findings of the staff report, but did express access concerns for future site plan applications. He stated the conditions of the site have changed overtime, it's well-suited for infill, it's not spot zoning, and he will support the zoning change. He stated zoning can't be used to prohibit development. Page 4 of 8 Bozeman City Commission Meeting Minutes,September 17,2018 DM Mehl discussed the robust site plan review process for future developments. He does support this in light of the Growth Policy. He stated that traffic isn't yet at capacity and this is a prime location,and that this change is completely appropriate. Cr. Pomeroy discussed the criteria this application meets, and she supports the motion. Mayor Andrus supports the motion, and stated this meets the criteria in the Growth Policy.She told the attending public that this Commission is looking at what's best for the entire community.She is hopeful the upcoming development will be positive.She noted the Commission is looking to development infill, and more herrings like this will come up. Cr. Krauss recognized the protest was sufficient. 07:29:15 PM (01:32:28) Vote on the Motion that having reviewed and considered the staff report, application materials,public comment, the Zoning Commission recommendation, and all information presented, I hereby adopt the findings presented in the staff report for application 18217 and move to recommend approval of the Maple Terrace zone map amendment, with contingencies required to complete the application processing. The motion passed 5-0. Commissioner-Terry Cunningham: 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 07:29:27 PM (01:32:40) Recess Mayor Andrus called the Commission into recess until 7:35 PM. 07:35:40 PM (01:38:53) Call to Order Mayor Andrus called the meeting back to order at 7:35 PM. 3. 07:35:46 PM (01:38:59) Ordinance 2009 Provisional Adoption,the Tschache Lane Zone Map Amendment Rezoning 3.403 Acres from R-3, Residential Medium Density District, to R-4, Residential High Density District,Application 14321 (Rogers) M a 07:36:10 PM (01:39:23)Staff Presentation Senior Planner Tom Rogers stated the original public hearing was held on December 4, 2014. 07:37:30 PM (01:40:43)Questions of Staff DM Mehl asked about the time limit on zoning approvals. CA Sullivan clarified this is not a new public hearing, but a vote on the implementing ordinance. Cr. Cunningham asked if this is subject to the new or old UDC. Mayor Andrus asked if there will be others coming before the Commission with this much of a time gap. Page 5 of 8 Bozeman City Commission Meeting Minutes,September 17,2018 07:45:14 PM (01:48:27) Public Comment There was no public comment. 07:45:24 PM (01:48:37) Motion to provisionally adopt Ordinance 2009, the Tschache Lane Zone Map Amendment Rezoning 3.403 Acres from R-3, Residential Medium Density District, to R-4, Residential High Density District. Commissioner-Jeff Krauss: Motion Deputy Mayor-Chris Mehl: 2nd 07:45:40 PM (01:48:53) Discussion DM Mehl supports this since the UDC didn't significantly change R-3 and R-4. Cr. Pomeroy stated this supports higher density housing and supports the motion. Mayor Andrus supports the motion as well. 07:46:52 PM (01:50:05) Vote on the Motion to provisionally adopt Ordinance 2009, the Tschache Lane Zone Map Amendment Rezoning 3.403 Acres from R-3, Residential Medium Density District, to R-4, Residential High Density District. 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 4. 07:47:02 PM (01:50:15) Ordinance 2010 Provisional Adoption, Expanding the Boundaries of the Montana State University(MSU) Residential Parking Permit District(Winn) 071 a 07:47:28 PM (01:50:41)Staff Presentation Assistant City Manager Chuck Winn gave background on residential parking districts. He stated the City has received requests in support of this change. 07:49:30 PM (01:52:43) Questions of Staff DM Mehl asked if a majority of residents in the area have to submit comments in favor, and whether the Parking Commission recommended this as well. He asked if the map is correct in excluding a piece of South 15cn Cr. Pomeroy asked why certain areas were excluded. 07:55:33 PM (01:58:46) Public Comment There was no public comment. Page 6 of 8 Bozeman City Commission Meeting Minutes,September 17,2018 07:55:45 PM (01:58:58)Motion to provisionally adopt Ordinance 2010,expanding the boundaries of the MSU Residential Parking Permit District to include the 900 block of South Grand Avenue, and Alderson Street from South 14th Avenue to South 15th Avenue. Deputy Mayor-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 07:56:02 PM (01:59:15) Discussion DM Mehl stated these are in line with the current district. Cr. Pomeroy stated this is reasonable. Cr.Cunningham supports the motion. Cr. Krauss recognized that the City Commission may be pushing an expansion on Willson Avenue. Mayor Andrus supports this as part of the discussion with the Parking Commission acknowledges a block by block solution is still not the best solution. 07:58:09 PM (02:01:22) Vote on the Motion to provisionally adopt Ordinance 2010, expanding the boundaries of the MSU Residential Parking Permit District to include the 900 block of South Grand Avenue,and Alderson Street from South 14th Avenue to South 15th Avenue. The motion passed 5-0. Deputy Mayor-Chris Mehl: 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 5. 07:58:19 PM (02:01:32) Appointment(s) to the Recreation and Parks Advisory Board (RPAB) (Sweeney) %z.a 07:58:24 PM (02:01:37)Motion and Vote to appoint Ito the Recreation and Parks Advisory Board] Steve Schnee to the City Resident position with a term ending December 31,2020, and Benjamin Thomas to the County Representative position with a term ending December 31,2020. The motion passed 5-0. Deputy Mayor-Chris Mehl: 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 I. 07:58:53 PM (02:02:06) FYI/Discussion Page 7 of 8 Bozeman City Commission Meeting Minutes,September 17,2018 There was no FYI. J. 07:59:07 PM (02:02:19)Adjournment Mayor Andrus adjourned the meeting at 7:59 PM. 7CynthlaL.Andrus Mayor ATTEST: ' •• � �`�t •; * Robin Crough City Clerk • •o 1 PREPARED BY: Robin Crough City Clerk Approved on: Page 8 of 8