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Home My WebLink About10-08-18 City Commission Minutes G q� a f THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,October 08,2018 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 the Dais: City Manager(CM)Andrea Surratt, City Attorney(CA)Greg Sullivan, City Clerk Robin Crough A. 05:59:58 PM (00:03:46)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. 06:00:03 PM (00:03:51) Pledge of Allegiance and a Moment of Silence C. 06:00:48 PM (00:04:36)Changes to the Agenda CM Surratt stated Consent Item 5 is being withdrawn to be brought back at a future date. D. 06:01:14 PM (00:05:02) FYI There was no FYI. E. 06:01:19 PM (00:05:07)Commission Disclosures • DM Mehl disclosed that he canvassed one of the evening's applicants, and left immediately without speaking of this evening's agenda item. F. 06:01:43 PM (00:05:31)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) 4,0 2. Ratify the City Manager's Approval of an All-Beverage On-Premises License for Nordic Brew Works,Inc.of Bozeman, Montana to Sell Beer,Wine,and Liquor at 730 Boardwalk Avenue for Calendar Year 2018(Portnell) a� Page 1 of 8 Bozeman City Commission Meeting Minutes,October 8,2018 3. Authorize the Mayor to Sign a Letter of Support on behalf of the Bozeman City Commission for the Relocation of the U.S. Department of Agriculture's (USDA) National Institute of Food and Agriculture (NIFA) and Economic Research Service (ERS) Headquarters to the Montana State University Innovation Campus, Bozeman, Montana (Fontenot) 7 a 4. Ratify the City Manager's Signature on an Agreement with Bozeman High School District 7 for Van Winkle Stadium Improvement Water Adequacy Requirements (Heaston) , a Department ef—T„ansportation (""^T` feF Maintenance A# Sidewalks, Landseaping, and IrrigatieR EquipmeRt Installed as Part A-f thin R-lackme—ree Bend Deveiepment Prejeet en East MIR Main StFee, 6. Authorize the City Manager to Sign a Professional Services Agreement with Economic and Planning Systems, Inc. (EPS)for Urban Renewal Application Review for the Ruh Building(Fine) 7. Authorize the City Manager to Sign a Professional Services Agreement with Navigate, LLC for Part One of the Housing Needs Assessment(Madsen) 1 a 8. Authorize the City Manager to Sign a Professional Services Agreement with Above and Beyond Janitorial for Janitorial Services at the Swim Center(Hill) , a 9. Authorize the City Manager to Sign Addendum Number 1 to the Professional Services Agreement with Above and Beyond Janitorial for Recreation Facility Janitorial Services to Add the Story Mill Community Center and Extend One Year(Saitta) 07 a 10. Authorize the City Manager to Sign Amendment Number 6 to the Professional Services Agreement with Robert Peccia and Associates to Add the Design Phase Services for Durston Road Improvements from Mineral Avenue to Fowler Avenue (Murray) , a 11. Authorize the City Manager to Sign a Public Street and Utility Easement with Traditions Homeowners Association,and Public Street and Utility Easement and Public Utility and Access Easement and Agreement with Rosa Construction, Inc. for the Rosa Apartments Project (Murray) .� a 12. Authorize the City Manager to Sign a Sanitary Sewer Pipeline and Access Easement and Agreement, Public Access Easement, and Public Street and Utility Easement with 7&G Enterprises, LLC for the North 7th Avenue and Griffin Drive Project(Nielsen) , a 13. Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement, Public Park Easement, and a Public Street and Utility Easement with Bozeman Apartment Group, LLC,for the Icon Apartment Project(Nielsen) 7 a 14. Resolution 4964, Authorizing the City Manager to Sign Change Order Number 1 with Vertex Electric, Inc.for the Lyman Spring Junction Box and Controls Improvements Project(Heaston) � a 15. Resolution 4965, Authorizing the City Manager to Sign Change Order Number 2 with Vertex Electric, Inc.for the Lyman Spring Junction Box and Controls Improvements Project(Heaston) '? a Page 2 of 8 Bozeman City Commission Meeting Minutes,October 8,2018 16. Resolution 4966, Authorizing the City Manager to Sign Change Order Number 3 with Vertex Electric, Inc.for the Lyman Spring Junction Box and Controls Improvements Project(Heaston) N.,a 17. Ordinance 2011 Final Adoption, the Ziegler Zone Map Amendment to Designate Approximately 3.12 Acres as M-1, Light Manufacturing, Located at 703 Bridger Drive, Application 17423 (Saunders) 1 a 06:01:51 PM (00:05:39)City Manager Overview CM Surratt discussed the highlights of the consent agenda. 06:02:29 PM (00:06:17) Public Comment There was no public comment. 06:02:51 PM (00:06:39)Motion and Vote to approve Consent Items 1-4, and 6-17 as submitted. The motion passed 5-0. Deputy Mayor-Chris Mehl: 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 G. 06:03:07 PM (00:06:55) Public Comment Mayor Andrus opened public comment. 06:03:39 PM (00:07:27)Matt Vincent, Public Comment Mr.Vincent spoke against Ballot Initiative 1-186, in response to a letter written by DM Mehl. H. 06:06:00 PM (00:09:48) Mayoral Proclamation 1. 06:06:21 PM (00:10:09) Proclamation to Recognize and Celebrate Indigenous Peoples' Day a Mayor Andrus recognized MSU representatives in the audience, and spoke in celebration of Indigenous Peoples' Day. I. 06:10:10 PM (00:13:58)Special Presentation 1. 06:10:32 PM (00:14:20) Fire Department Strategic Plan (Waldo) Fire Chief Josh Waldo presented the Bozeman Fire Department's first strategic plan. He discussed the components of the plan,accreditation, and goals and objectives. Page 3 of 8 Bozeman City Commission Meeting Minutes,October 8,2018 06:15:02 PM (00:18:50) Questions of Staff Cr. Cunningham asked about the "blue card" emergency management plan. He asked about first response services and "threats" of the system. He asked what internal partnerships are being referred to in the plan. He asked about the quick-response plan. He asked about the benefits of the proposed Rouse facility. Cr. Pomeroy thanked Chief Waldo for doing a good job and saving taxpayer money on insurance. Cr. Krauss asked Chief Waldo to consider forestry in their emergency and rescue plan. DM Mehl asked about the public's benefit of their accreditation, and how often it happens. Mayor Andrus commended Chief Waldo for his work. J. 06:25:10 PM (00:28:58)Action Items 1. 06:25:13 PM (00:29:01) Continue the Public Hearing on the Rainbow Creek Annexation and Zone Map Amendment from October 8, 2018 to November 26, 2018, Application 18240 (Garber) 4� 06:25:28 PM (00:29:16) Public Comment There was no public comment. 06:25:43 PM (00:29:31) Questions of Staff Cr. Cunningham asked if this would go back through the Zoning Commission. 06:26:25 PM (00:30:13)Motion and Vote to hereby continue the public hearing on application 18240, Rainbow Creek Annexation and Zone Map Amendment,from October 8,2018 to November 26,2018. 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- 1-Ho Pomeroy: Approve Commissioner-Terry Cunningham: Approve 2. 06:26:58 PM (00:30:46) Valhalla Meadery Conditional Use Permit for the Sale of Alcohol for On-Premises Consumption, Located at 875 Bridger Drive, Unit B, Application 18332 (Quasi- Judicial) (Pope) ' a 06:27:19 PM (00:31:07)Staff Presentation Assistant Planner Danielle Garber entered the staff report into the record, and introduced the meadery project. She discussed the floorplan in some detail.There has been no public comment, and the DRC Page 4 of 8 Bozeman City Commission Meeting Minutes,October 8,2018 recommends approval. 06:29:44 PM (00:33:32) Questions of Staff Cr. Pomeroy asked if this was a tasting room with a restaurant. DM Mehl asked if there are any external changes, or any need for additional parking. He also asked about the "artisan" designation. Policy and Planning Manager Chris Saunders explained "artisan" in detail. He asked Ms. Garber to explain the impact and conditions of the CUP. 06:33:39 PM (00:37:27)Applicant Presentation Applicant Dylan McKenna noted they would just be serving small finger food. 06:34:09 PM (00:37:57)Questions of Applicants DM Mehl asked if they were okay with the staff report. Cr.Cunningham asked how many folks they anticipate hiring. 06:35:02 PM (00:38:50) Public Comment There was no public comment. 06:35:11 PM (00:38:59)Motion that having reviewed and considered the application materials,public comment, and all the information presented, 1 hereby adopt the findings presented in the staff report for application 18332 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Commissioner-I-Ho PomeroV: Motion Commissioner-Jeff Krauss: 2nd 06:35:38 PM (00:39:26) Discussion Cr. Pomeroy agrees with the staff findings. Cr. Cunningham adopts the findings, and finds the application consistent with the Growth Policy,and conforms with BMC and the UDC. 06:36:49 PM (00:40:37) 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 18332 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner- I-Ho PomeroV: Motion Commissioner-Jeff Krauss: 2nd Mayor-CVnthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho PomeroV:Approve Commissioner-Terry Cunningham:Approve Page 5 of 8 Bozeman City Commission Meeting Minutes,October 8,2018 3. 06:37:00 PM (00:40:48) 16th and Olive Zone Map Amendment Rezoning 0.59 Acres/25,901 Square Feet from R-3, Residential Medium Density, to R-5, Residential Mixed-Use High Density, as Allowed by 38.260.100 of the Bozeman Municipal Code, Application 18323 (Garber) .. a 06:37:30 PM (00:41:18)Staff Presentation Assistant Planner Danielle Garber introduced the staff report into the record, and introduced the 16" and Olive zone map amendment. She clarified the applicant is requesting R-5.She noted the zoning of adjacent zones.She discussed the differences between R-3 and R-5,the current uses of the parcel, and the current density of the parcel and surrounding area. She discussed the required zoning criteria of evaluation found favorable.Staff also looked at the spot zoning criteria. She discussed public comment and two letters of protest received. DRC and staff find no restrictions on approval, and Zoning Commission and staff recommend approval. 06:46:04 PM (00:49:52) Questions of Staff Cr. Cunningham asked if these are owned or rented units. Cr. Pomeroy asked if this is considered spot zoning.She asked about the benefits to the neighborhood of the zoning change. CA Sullivan addressed the spot zoning determination in further detail. Mayor Andrus asked Ms. Garber to discuss parking in relation to this project. Cr. Cunningham asked about downstream sewer capacity. Interim Public Works Director Shawn Kohtz discussed the modeling/monitoring process in further detail. 06:52:27 PM (00:56:15)Applicant Presentation Applicant Brock Johnson stood by the staff report and was available for questions. 06:52:48 PM (00:56:36) Questions of Applicant DM Mehl asked if the applicant and seen and is okay with the staff report. Mayor Andrus asked about parking on-site. 06:54:46 PM (00:58:34) Public Comment There was no public comment. 06:54:57 PM (00:58:45)Motion that having reviewed and considered the staff report, application materials,public comment,recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 18323 and move to approve the 16th and Olive zone map amendment, with contingencies required to complete the application processing. Commissioner-Jeff Krauss: Motion Deputy Mayor-Chris Mehl: 2nd Page 6 of 8 Bozeman City Commission Meeting Minutes,October 8,2018 06:55:22 PM (00:59:10) Discussion Cr. Krauss incorporated the staff findings, and stated this isn't a significant zoning change in this area. He agreed with staff's analysis of spot zoning. DM Mehl agreed with Cr. Krauss and staff's analysis of criteria and findings of spot zoning. Cr.Cunningham associated himself with previous comments. He discussed the location and the impact in the area. He noted that some of the older developments tend to be the more affordable units in Bozeman. Cr. Pomeroy discussed affordable housing and this as an option. 07:03:08 PM (01:06:56) Vote on the Motion that having reviewed and considered the staff report, application materials,public comment,recommendation of the Zoning Commission, and all information presented,I hereby adopt the findings presented in the staff report for application 18323 and move to approve the 16th and Olive zone map amendment, with contingencies required to complete the application processing. 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 K. 07:03:20 PM (01:07:08) FYI/Discussion • Mayor Andrus invited the community to"walk to a park" on Wednesday at 8:00 AM on Treeline Coffee. • Cr. Krauss noted he would be absent on November 5, 2018. L. 07:04:15 PM (01:08:03)Adjournment Mayor Andrus adjourned the meeting at 7:04 PM. Page 7 of 8 Bozeman City Commission Meeting Minutes,October 8,2018 ynthia L.Andrus Mayor ATTEST: U• l Robin Crough City Clerk ��•, 1883 CO.�10 PREPARED BY: Robin Crough City Clerk Approved on: Page 8 of 8