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HomeMy WebLinkAbout10-22-18 City Commission Minutes a THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,October 22, 2018 Mayor-Cynthia Andrus: Present Deputy Mayor-Chris Mehl: Present Commissioner-Jeff Krauss: Present Commissioner- I-Ho Pomeroy:Absent Commissioner-Terry Cunningham: Present Staff Present at the Dais/Table:City Manager(CM)Andrea Surratt, City Attorney(CA) Greg Sullivan, City Clerk Robin Crough, Community Development Director(CDD) Marty Matsen,Community Development Manager(CDM)Chris Saunders A. 05:59:56 PM (00:03:44)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. 06:00:01 PM (00:03:49) Pledge of Allegiance and a Moment of Silence C. 06:00:49 PM (00:04:37)Changes to the Agenda CM Surratt asked the Commission to authorize the absence of Commissioner I-Ho Pomeroy. 06:01:04 PM (00:04:52)Motion and Vote to authorize the absence of Commissioner I-Ho Pomeroy. The motion passed 4-0. 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: Absent Commissioner-Terry Cunningham:Approve D. 06:01:32 PM (00:05:20) FYI • CM Surratt thanked HR Director Bethany Jorgenson for her service with the City.Jamie Norby will act as the Interim HR Director in the meantime. Page 1 of 13 Bozeman City Commission Meeting Minutes,October 22,2018 • Mayor Andrus announced there will be one more Bozeman Public Safety Center pop-up info session on November 1, details to come. • Cr. Cunningham stated that tomorrow at 3 in the public library,there will be the kickoff for the housing needs analysis working group. E. 06:03:34 PM (00:07:22)Commission Disclosures There were no commission disclosures. F. 06:03:42 PM (00:07:30)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) a 2. Authorize the City Manager to Sign a Professional Services Agreement with CPS HR Consulting for Human Resources Director Recruitment Services (Jorgenson)01�a 3. Authorize the City Manager to Sign a Professional Services Agreement with Economic and Planning Systems (EPS)for Urban Renewal Application Review for the Aspen Crossing Mixed- Use Project(Fine)7 a 4. Authorize the City Manager to Sign a Professional Services Agreement with Sanderson Stewart for Architectural, Engineering, Land Surveying, and Land Use Planning Services for Fiscal Years 2019 to 2023, and Task Order DTN18-001 for a Bridger Park Garage Expansion Feasibility Analysis (Fine) a S. Authorize the City Manager to Sign Amendment Number 1 to the Memorandum of Agreement with the Montana Department of Transportation (MDT)for the North 7th Avenue Corridor(N-118)Streetscape Projects and Maintenance (Fine) ., a 6. Authorize the City Manager to Sign Task Order Number 9 with Sanderson Stewart for 8th Avenue Street and Utility Improvements(Villard Street to Beall Street)—Fieldwork Only(Fine) 7a 06:03:46 PM (00:07:34) City Manager Overview CM Surratt provided the highlights of the consent agenda. 06:04:40 PM (00:08:28) Public Comment There was no public comment. 06:04:47 PM (00:08:35)Motion and Vote to approve Consent Items 1-6 as submitted. The motion passed 4-0. Commissioner-Terry Cunningham: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Page 2 of 13 Bozeman City Commission Meeting Minutes,October 22,2018 Commissioner- I-Ho Pomeroy: Absent Commissioner-Terry Cunningham:Approve G. 06:05:04 PM (00:08:52) Public Comment There was no public comment. H. 06:05:44 PM (00:09:32)Special Presentation 1. 06:05:52 PM (00:09:40) Introduction of Heather Noble, Mayoral Mentee (Andrus) Mayor Andrus discussed the program she started with MSU, and introduced Heather Noble. Ms. Noble discussed her education and experience in civil engineering. She will be looking at water supply as her issue of choice. 2. 06:14:00 PM (00:17:48) Public Notice Demonstration Using the City's Online Mapping (Henderson) GIS Manager Jon Henderson discussed a recent project to make current planning project information available to the public through the City's mapping system. 06:21:59 PM (00:25:47) Questions of Staff Cr.Cunningham asked about the possibility of neighborhood-targeted alerts. Cr. Krauss commented that this provides valuable information, but he discussed the law of diminishing returns with how much information the City provides. DM Mehl asked staff to show the web's eNotification system available now. He asked about the planning report format. Mayor Andrus asked if the projects go away when completed. I. 06:49:44 PM (00:53:32) Policy/Work Session 1. 06:49:46 PM (00:53:34) Discussion and Direction to Staff Regarding Amendments to the Zoning Map(Saunders/Matsen) w a 06:52:54 PM (00:56:42)Staff Presentation Community Development Manager Chris Saunders introduced the history of zoning in the city, and the zone map amendment process, including the drivers of zoning designations and who can initiate zone text amendments. 07:10:43 PM (01:14:31)Questions of Staff Cr. Krauss asked who initiated zoning changes with the growth policy updates in 2001 and 2009. He asked about the role of the Zoning Commission. Mayor Andrus asked about infill,zoning standards, requirements of intense zoning. CDM Saunders discussed the minimum density standard. Page 3 of 13 Bozeman City Commission Meeting Minutes,October 22,2018 07:18:22 PM (01:22:10)Staff Presentation—Current Noticing Standards CDM Saunders discussed the current noticing laws and practices, and staff's requested direction. 07:20:23 PM (01:24:11) Discussion The commission discussed neighborhood notifications in detail. DM Mehl requested noticing projects earlier. Staff discussed additional costs that could be incurred. 07:35:22 PM (01:39:10) Public Comment There was no public comment. 07:35:48 PM (01:39:36)Motion to direct staff to investigate the feasibility and cost of developing a neighborhood-specific email and text notification system for zone map amendments and development projects. Commissioner-TerrV Cunningham: Motion Deputy Mavor-Chris Mehl: 2nd 07:36:12 PM (01:40:00) Discussion Cr. Cunningham reiterated his interest in pursuing a system. DM Mehl asked that this system apply to more than just zone map amendments. Mayor Andrus stated this should be looked into. 07:40:52 PM (01:44:40) Vote on the Motion to direct staff to investigate the feasibility and cost of developing a neighborhood-specific email and text notification system for zone map amendments and development projects. The motion passed 4-0. Commissioner-Terry Cunningham: Motion DeputV Mavor-Chris Mehl: 2nd Mavor-CVnthia Andrus:Approve DeputV MaVor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Absent Commissioner-TerrV Cunningham:Approve 07:41:04 PM (01:44:52)Motion that all notices for zone map amendments or other development projects be sent out at a minimum of fifteen days in advance, have a link to a project description, and a specific contact for staff. DeputV Mavor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 07:41:26 PM (01:45:14) Discussion Page 4 of 13 Bozeman City Commission Meeting Minutes,October 22,2018 Mayor Andrus clarified that this is directing staff to bring these items back, not final action. DM Mehl discussed the importance of this notification. Cr. Krauss added if a longer period is required,the longer period is used. 07:44:34 PM (01:48:22) Vote on the Motion that all notices for zone map amendments or other development projects be sent out at a minimum of fifteen days in advance,have a link to a project description, and a specific contact for staff. The motion passed 4-0. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Manor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Absent Commissioner-Terry Cunningham:Approve 07:44:48 PM (01:48:36)Staff Presentation—Encouraging Intensive Zoning CDM Saunders asked for direction regarding encouraging application for more intensive zoning for new annexations,vacant or undeveloped areas. 07:48:36 PM (01:52:24) Discussion/Questions Cr. Krauss discussed bringing everything in at R-3 and above. Cr.Cunningham asked about and discussed B-2M zoning and midtown.Staff and commission discussed in detail. He also asked about spot zoning and compatible use. The Commission discussed and generally agreed with staff. 08:14:03 PM (02:17:51)Staff Presentation—Spot Zoning Criteria Interpretation CDM Saunders asked the commission to provide direction on their interpretation of spot zoning. CA Sullivan detailed the process for making determinations in hearings. 08:18:46 PM (02:22:34)Questions/Discussion DM Mehl asked where consideration of the UDC comes in as well. He stated he is comfortable with the proposed interpretation. Cr. Cunningham asked where neighborhood character comes into play. Cr. Krauss discussed up-zoning, but that it is infrequent. The commission discussed neighborhood character in detail. 08:31:47 PM (02:35:34)Staff Presentation—Additional Info Needed? CDM Saunders asked if there are any other reports that the commission needs to make their decisions. 08:32:39 PM (02:36:27)Questions/Discussion DM Mehl requested writing a little more for the public. Page 5 of 13 Bozeman City Commission Meeting Minutes,October 22,2018 The commission and staff discussed if staff needs more options than yes/no, and then discussed the importance of pros and cons. The commission and staff discussed zoning that wasn't or infrequently used,and potential options. 08:43:33 PM (02:47:20) Recess Mayor Andrus called the commission into recess until 8:50 PM. 08:53:07 PM (02:56:55) Call to Order Mayor Andrus called the meeting back to order at 8:53 PM. J. 08:53:10 PM (02:56:58)Action Items 1. 08:53:11 PM (02:56:59) Discussion and Direction to Staff Regarding Proposed Unified Development Code (UDC) Edits, Clarifications, and Corrections (Saunders/Matsen), a 08:54:00 PM (02:57:48)Staff Presentation CDM Saunders discussed that staff has identified some small and larger elements that could justify Unified Development Code (UDC) edits. 08:57:20 PM (03:01:08) Public Comment There was no public comment. 08:57:39 PM (03:01:27)Staff Presentation—Special Use Permits for On-Site Alcohol in B-2M CDM Saunders explained that a change would make this more consistent with the process in other zones. 08:58:46 PM (03:02:34)Motion to direct staff to look into language that would allow Special Use Permits for on-site sales of alcohol in the B-2M zoning district. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 08:59:04 PM (03:02:52) Discussion DM Mehl noted that this was likely an oversight. 08:59:22 PM (03:03:10) Vote on the Motion to direct staff to look into language that would allow Special Use Permits for on-site sales of alcohol in the B-210 zoning district. The motion passed 4-0. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve Page 6 of 13 Bozeman City Commission Meeting Minutes,October 22,2018 Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-1-Ho Pomeroy:Absent Commissioner-Terry Cunningham:Approve 08:59:32 PM (03:03:20)Motion to direct staff to provide all of the focused code amendments 1-17 and bring them back to the commission[with the other commission direction]. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 08:59:47 PM (03:03:35) Discussion DM Mehl stated most of these are small, clean-up changes. Cr.Cunningham stated Cr. Pomeroy believes 15 is too restrictive. She also wants to know more about bicycle parking regulations. 09:01:39 PM (03:05:27)Amendment to the Motion to incorporate comments for Item 15 for staff to consider[view legislative history]of the 50 feet requirement, the covering requirement,and the grandfather issue. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 09:01:56 PM (03:05:44)Questions/Discussion DM Mehl expects staff to come back with their recommendations on the topics in the amendment. Mayor Andrus asked CDM Saunders if there were any of the 17 items that he wanted to discuss. CDM Saunders noted the scope of a few items could be clarified later, and drew the commission's attention to the public comment submitted. 09:03:07 PM (03:06:55) Vote on the Amendment to the Motion to incorporate comments for Item 15 for staff to consider[view legislative history]of the 50 feet requirement, the covering requirement, and the grandfather issue. The amendment passed 4-0. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Absent Commissioner-Terry Cunningham:Approve 09:03:41 PM (03:07:29) Vote on the Motion as Amended to direct staff to provide all of the focused Page 7 of 13 Bozeman City Commission Meeting Minutes,October 22,2018 code amendments 1-17 and bring them back to the commission[with the other commission direction], incorporating comments for Item 15 for staff to consider[view legislative history]of the 50 feet requirement, the covering requirement, and the grandfather issue. The motion passed 4-0. DeputV Mavor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mavor-CVnthia Andrus:Approve DeputV Mavor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho PomeroV: Absent Commissioner-TerrV Cunningham:Approve 09:03:51 PM (03:07:39)Staff Presentation -Cash-in-lieu of Parkland Density Cap CDM Saunders discussed the issues surrounding a parkland maximum density cap in development. 09:05:09 PM (03:08:57) Questions/Discussion DM Mehl stated he supports the cap of 12.The commission discussed support. 09:09:29 PM (03:13:17)Motion to direct staff to prepare a cash-in-lieu of parkland density cap amendment. DeputV MaVor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 09:09:49 PM (03:13:37) Vote on the Motion to direct staff to prepare a cash-in-lieu of parkland density cap amendment. The motion passed 4-0. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mavor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-1-Ho PomeroV: Absent Commissioner-TerrV Cunningham:Approve 09:10:01 PM (03:13:49)Staff Presentation- Detached Household Porch Encroachment, Enclosure, and Meeting Garage Location PPM Saunders discussed and demonstrated the issues involved with this policy question, including setbacks and the policy intent. 09:12:20 PM (03:16:08)Questions/Discussion Cr. Cunningham asked for Cr. Pomeroy if this allows for more affordable homes on the lot. Page 8 of 13 Bozeman City Commission Meeting Minutes,October 22,2018 09:13:21 PM (03:17:09)Motion[to direct staff to return with a text amendment]to allow front porches to count[proposed amendment 3 in packet materials]. Commissioner-Jeff Krauss: Motion DeputV MaVor-Chris Mehl: 2nd 09:13:44 PM (03:17:32) Discussion Cr. Krauss stated there are probably many houses with porches not meeting this standard. 09:14:29 PM (03:18:17) Vote on the Motion Ito direct staff to return with a text amendment]to allow front porches to count[proposed amendment 3 in packet materials]. The motion passed 4-0. Commissioner-Jeff Krauss: Motion Deputy MaVor-Chris Mehl: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Absent Commissioner-Terry Cunningham:Approve 09:14:40 PM (03:18:28)Staff Presentation-Uses Within Districts and Compatibility with Adjacent Districts CDM explained the why, how this can be measured, and the increased weight that comes with this determination. 09:15:10 PM (03:18:58)Questions/Discussion The commission discussed support, and clarified adjacent districts.The commission expressed confusion on the nature of policy.The commission discussed if this is a priority or if this needs significantly more time to discuss. 09:38:17 PM (03:42:05)Motion to direct staff to try again. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss:2nd 09:38:24 PM (03:42:12) Discussion DM Mehl asked to bring this back with further information. Cr. Krauss discussed the need to have this laid out more formally. 09:41:04 PM (03:44:52) Vote on the Motion to direct staff to try again. The motion passed 3-1. Page 9 of 13 Bozeman City Commission Meeting Minutes,October 22,2018 Deputy Mavor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mavor-Cynthia Andrus: Disapprove Deputy Mavor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho PomeroV:Absent Commissioner-Terry Cunningham:Approve 09:41:17 PM (03:45:05)Staff Presentation-Formal Definition of Development Context CDM Saunders discussed that this helps define a subjective definition that doesn't actually appear in code. 09:43:01 PM (03:46:49) Questions/Discussion Cr. Cunningham asked if this actually solves the problem or just replaces neighborhood. The commission and staff discussed the merits of the clarification. 09:47:43 PM (03:51:31)Motion and Vote to direct staff to further describe the nature,scope,or meaning of development context in relation to development applications for site plan or commercial and residential certificates of appropriateness applications. The motion passed 4-0. Commissioner-TerrV Cunningham: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Absent Commissioner-Terry Cunningham:Approve 09:49:41 PM (03:53:29)Motion to direct staff to amend the minimum/maximum lot area table to allow single household dwellings in R-1 through R-4 to be 4,000 square feet, and for two household dwellings to be 5,000 square feet. Commissioner-Jeff Krauss: Motion Deputy Mayor-Chris Mehl: 2nd 09:50:17 PM (03:54:05) Discussion Cr. Krauss discussed that urban residential standards have changed and need to change. Staff discussed when this comes up from the public. 09:57:03 PM (04:00:51) Vote on the Motion to direct staff to amend the minimum/maximum lot area table to allow single household dwellings in R-1 through R-4 to be 4,000 square feet, and for two household dwellings to be 5,000 square feet. The motion passed 4-0. Page 10 of 13 Bozeman City Commission Meeting Minutes,October 22,2018 Commissioner-Jeff Krauss: Motion DeputV Mavor-Chris Mehl:2nd MaVor-CVnthia Andrus:Approve Deputy Mavor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Absent Commissioner-TerrV Cunningham:Approve 09:57:12 PM (04:01:00)Motion to direct staff to come back with a conversation regarding amending table 38.320.030.B,minimum lot widths, to read single household dwellings:40 feet for R-1,R-2,R-3, and R-4, and two household dwellings:50 feet for R-2, and 40 feet for R-3 and R-4. Commissioner-Jeff Krauss: Motion Commissioner-TerrV Cunningham: 2nd 09:58:07 PM (04:01:55) Discussion Cr. Krauss asked if this allows for smaller houses and more efficient use of land, and adopt urban standards. 09:59:45 PM (04:03:33) Vote on the Motion to direct staff to come back with a conversation regarding amending table 38.320.030.B,minimum lot widths, to read single household dwellings:40 feet for R-1, R-2,R-3, and R-4, and two household dwellings:50 feet for R-2, and 40 feet for R-3 and R-4. The motion passed 4-0. Commissioner-Jeff Krauss: Motion Commissioner-Terry Cunningham: 2nd Mayor-Cynthia Andrus:Approve Deputy Mavor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Absent Commissioner-TerrV Cunningham:Approve 09:59:53 PM (04:03:41) Meeting Extended Mayor Andrus extended the meeting until 10:10 PM. 10:00:00 PM (04:03:48)Motion to direct staff to review the Frog Rock Design memo of October 11 b2018], and Dean Burgess email of October 17 b2018],and the Susan Riggs email,and report back to the commission as to whether or not they believe any of those suggestions made in public comment would warrant a proposed change to the UDC to come back before the commission in a future meeting. Page 11 of 13 Bozeman City Commission Meeting Minutes,October 22,2018 Commissioner-TerrV Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd 10:00:32 PM (04:04:20) Discussion DM Mehl added the Susan Riggs email to the list of topics. 10:02:17 PM (04:06:05) Vote on the Motion to direct staff to review the Frog Rock Design memo of October 11 b2018], and Dean Burgess email of October 17 b2018], and the Susan Riggs email, and report back to the commission as to whether or not they believe any of those suggestions made in public comment would warrant a proposed change to the UDC to come back before the commission in a future meeting. The motion passed 4-0. Commissioner-TerrV Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd Mayor-Cynthia Andrus:Approve DeputV Mayor-Chris Mehl: Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Absent Commissioner-TerrV Cunningham:Approve 10:02:26 PM (04:06:14)Motion to direct staff to review the policy related to wetland mitigation with an eye towards attempting to mitigate in Gallatin County wherever possible provided that the cost difference is not burdensome. Commissioner-TerrV Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd 10:02:58 PM (04:06:46) Discussion Cr.Cunningham stated the City should be deliberate about trying to replace wetlands in the county. DM Mehl stated he thought this was already in action. 10:04:29 PM (04:08:17) Vote on the Motion to direct staff to review the policy related to wetland mitigation with an eye towards attempting to mitigate in Gallatin County wherever possible provided that the cost difference is not burdensome. The motion passed 4-0. Commissioner-Terry Cunningham: Motion DeputV Mayor-Chris Mehl: 2nd Mayor-Cynthia Andrus:Approve DeputV Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho PomeroV:Absent Commissioner-Terry Cunningham:Approve Page 12 of 13 Bozeman City Commission Meeting Minutes,October22,2018 10:04:38 PM (04:08:26) Discussion CDD Matsen pointed out an error in the lot width table that will get addressed. CA Sullivan clarified that the text amendments are initiated tonight in a very narrow focus.The commission briefly discussed the process for UDC edits. K. 10:08:48 PM (04:12:36) FYI/Discussion There was no FYI. L. 10:09:00 PM (04:12:48)Adjournment Mayor Andrus adjourned the meeting at 10:09 PM. nthia L.Andrus Mayor ATTEST: B OZ� Robin Crough * � 4City Clerk C. ♦ ��•. . . . . �1 . PREPARED BY: Robin Crough City Clerk Approved on: to >•UMQ�.1( � 1 Page 13of13