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HomeMy WebLinkAbout11-26-18 City Commission Minutes G q5� THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, November 26,2018 Mayor-Cynthia Andrus: Present Deputy Mayor-Chris Mehl: Present Commissioner-Jeff Krauss: Present Commissioner- I-Ho Pomeroy: Present Commissioner-TerrV Cunningham: Present Staff Present at the Dais:City Manager(CM)Andrea Surratt, City Attorney(CA) Greg Sullivan, City Clerk Robin Crough A. 05:59:56 PM (00:02:59)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. 06:00:09 PM (00:03:12) Pledge of Allegiance and a Moment of Silence C. 06:00:53 PM (00:03:56)Changes to the Agenda There were no changes to the agenda. D. 06:00:59 PM (00:04:02)FYI • DM Mehl noted the Growth Update consultants will be in town on Thursday from 5-7 PM at the library for a public outreach event. • Cr. Cunningham stated the consultants working with the City will be reaching out to major employers in the community regarding affordable housing. E. 06:02:12 PM (00:05:15)Commission Disclosures DM Mehl disclosed that he discussed procedure with interested parties at the Zoning Commission meeting regarding Action Item 2, and has had passing conversations of no substance regarding Action Item 3 with citizens. F. 06:03:01 PM (00:06:04)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) Page 1 of 12 Bozeman City Commission Meeting Minutes,November 26,2018 2. Authorize the City Manager to Sign a Professional Services Agreement with the Montana Department of Labor and Industry to Complete a Workforce Needs Analysis(Fontenot) , a 3. Authorize the City Manager to Sign Addendum Number 1 to the Professional Services Agreement with The Nest Collective, LLC for Public Works Department Public Relations Services (I<ohtz) "� a 4. Authorize the City Manager to Sign Task Order Number MID19-001 with Sanderson Stewart for a Midtown and Downtown Sanitary Sewer Manhole Survey(Fine/Kohtz) 7 a 5. Ratify the City Manager's Signature on a Memorandum of Understanding, a Public Use Easement, and Other Related Documents, with Flanders Creek, HOA, for Construction of Improvements(Roundabout) at the Intersection of Oak Street and Cottonwood Road- Parcel 1 (Kohtz) 01 a 6. Ratify the City Manager's Signature on a Public Street and Utility Easement and Fill Slope Easement with the Estate of Vesta F.Anderson and Baxter Ranch Holdings, LTD.for the New Bozeman High School Project(Kohtz) 0�, a 06:03:05 PM (00:06:08) City Manager Overview CM Surratt provided the highlights of the consent agenda. 06:04:17 PM (00:07:20) Public Comment There was no public comment. 06:04:32 PM (00:07:35)Motion and Vote to approve Consent Items 1-6 as submitted. The motion passed 5-0. Commissioner-TerrV Cunningham: Motion Commissioner- I-Ho Pomeroy: 2nd MaVor-CVnthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy: Approve Commissioner-Terry Cunningham:Approve G. 06:04:49 PM (00:07:52) Public Comment There was no public comment. H. 06:05:35 PM (00:08:38)Action Items 1. 06:05:38 PM (00:08:41) Mavens Market Conditional Use Permit for Alcohol Sales for On- Premises Consumption, Located at 720 West Main Street, Application 18439 (Quasi-Judicial) (Jadin) Cz, 06:05:55 PM (00:08:58)Staff Presentation Page 2 of 12 Bozeman City Commission Meeting Minutes,November 26,2018 Associate Planner Addi Jadin discussed the request to sell alcohol in the former Country Flowers location. She noted a design change since original application.There was no public comment and staff recommends approval. 06:08:39 PM (00:11:42) Questions of Staff Cr. Cunningham asked whether there was a requirement for awnings. 06:09:37 PM (00:12:40)Applicant Presentation Bri Thompson, co-founder of Mavens Market,stated they would like to add a wine element to the location. 06:10:14 PM (00:13:17)Questions of Applicant DM Mehl asked if the applicant agreed with the conditions of the staff report. Mayor Andrus asked if they would be making wine. 06:10:56 PM (00:13:59) Public Comment There was no public comment. 06:11:11 PM (00:14:14)Questions of Staff DM Mehl asked if making wine was allowed in this zoning, 13-21M. 06:11:45 PM (00:14:48)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 18439 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Commissioner- I-Ho Pomeroy: Motion Deputy Mayor-Chris Mehl: 2nd 06:12:14 PM (00:15:17) Discussion Cr. Pomeroy thanked the applicant for the improvements at the site. DM Mehl supports the application and associates with the staff analysis. Cr.Cunningham made findings of appropriateness and no conflicts were identified. 06:13:59 PM (00:17:02) 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 18439 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 Pomeroy: Motion Deputy Mayor-Chris Mehl: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Page 3 of 12 Bozeman City Commission Meeting Minutes,November 26,2018 Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham: Approve 2. 06:14:10 PM (00:17:13) Rainbow Creek Annexation and Initial Zone Map Amendment of Approximately 2.29 Acres with a Zoning Designation of R-4, Residential High Density District, Located at 4555 Baxter Lane, Application 18240 (Protests Received, May Require 2/3 Vote) (Garber) � a 06:14:34 PM (00:17:37)Staff Presentation Planner Danielle Garber discussed the site location, existing growth policy designation, and state zoning requirements for the Rainbow Creek annexation and zone map amendment. She discussed a number of criteria in some detail, including transportation capacity.She discussed the zoning designations of adjacent parcels. She also discussed spot zoning criteria, only one criteria was met.She discussed public comment, and the supermajority threshold has been met.The DRC,Zoning Commission, and staff recommend approval. 06:27:06 PM (00:30:09) Questions of Staff DM Mehl asked about proximity to the new high school and new commercial node. He asked about annexation goals and policies. He asked about height maximums in R-1 vs. R-4, as well as setback requirements. He asked about the differences in residential uses in the two zonings. Cr. Cunningham asked about the use of the right-of-way that would be required from the applicant. He asked about transit planning and forecasting. Cr. Pomeroy asked if existing infrastructure is already close enough for this project.She asked how this R-4 benefits nearby R-1. Mayor Andrus asked for clarification on the setbacks. 06:37:30 PM (00:40:33)Applicant Presentation Chris Budeski,with Madison Engineering, noted this application was initially R-5, but the Zoning Commission encouraged R-4 instead,which is what they are here with tonight. He discussed the need for housing and zoning diversity in the community and this area specifically. He discussed how zoning has design requirements that help limit developments appropriately. He discussed other benefits of the zoning designation in this area. 06:44:49 PM (00:47:52)Questions of Applicant DM Mehl asked if the applicant has seen and agrees with the staff report. He asked why this isn't spot zoning. He asked if R-1 and R-4 next to each other is appropriate in this location. Cr.Cunningham asked about maximum/minimum zoning densities. 06:50:11 PM (00:53:14) Public Comment Mayor Andrus opened public comment. Page 4 of 12 Bozeman City Commission Meeting Minutes,November 26,2018 06:50:42 PM (00:53:45)Brian Gallick,Public Comment Mr. Gallick, representing the neighbors to the north,stated his clients don't oppose annexation,just the zoning. He discussed applying the UDC to this application. 06:53:55 PM (00:56:58)Jason Heinz,Public Comment Mr. Heinz stated R-4 doesn't make sense here, not just development. He argued that growth doesn't justify all developments. 06:56:39 PM (00:59:42)Angela Heinz,Public Comment Ms. Heinz discussed the conflict of growth vs. protecting neighborhood character.She stated this will negatively impact her neighborhood. 06:59:51 PM (01:02:54)Scott Longehr, Public Comment Mr. Longehr discussed adjacent zoning precedents around the city. He stated that zoning must be in accordance with the growth policy. 07:03:10 PM (01:06:13)Bill Darton,Public Comment Mr. Darton,who owns property in the 150-foot proximity, expressed his concerns with the subject property. 07:06:16 PM (01:09:19)Nancy Elwood, Public Comment Ms. Elwood discussed the relationship of the strategic plan to development at this property. 07:09:11 PM (01:12:14)EJ Hook Public Comment Mr. Hook stated concern with apartments being built, as they are not compatible with the area. He asked for a balanced solution. 07:12:17 PM (01:15:20)Barclay Hook,Public Comment Ms. Hook addressed the character of the adjoining community, and the requirement for compatibility. 07:15:13 PM (01:18:16) Gretchen Lindner,Public Comment Ms. Lindner stated this may be spot zoning.She stated the buffer zone is actual usable neighborhood space that the HOA pays for.She noted potential negative impacts. 07:17:57 PM (01:21:00)Betty Ruse],Public Comment Ms. Rusel discussed change in Bozeman and sense of community. 07:19:15 PM (01:22:18)Mike Berzman Public Comment Mr. Berzman stated concern with growth, and making exceptions for lucrative developments. 07:22:21 PM (01:25:24)Kaitlyn Drake,Public Comment Ms. Drake discussed her story as context to the changes that could happen with this application. Page 5 of 12 Bozeman City Commission Meeting Minutes,November 26,2018 07:26:01 PM (01:29:04) Clarifications from Staff Planner Danielle Garber clarified adjacent zoning appropriateness in the UDC. She discussed R-4 in the Growth Policy. She also noted nothing in the R-1 district is proposed to be changed. 07:27:27 PM (01:30:30)Applicant Rebuttal Chris Budeski clarified the sidewalks will be extended across the full site. He discussed that there are no facts that property values will go down. He also discussed parking on local streets would be unlikely. He reiterated that the Zoning Commission, DRC, and staff recommend approval. 07:30:12 PM (01:33:15)Questions of Staff DM Mehl asked if the UDC has a required setback. Cr. Krauss asked if R-4 can ONLY be next to the stated districts in the UDC.Assistant City Attorney Tim Cooper responded. 07:33:11 PM (01:36:14)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 18240 and move to approve the Rainbow Creek Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Deputy MaVor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 07:33:50 PM (01:36:53) Discussion DM Mehl found this meets the majority of annexation criteria and supports the annexation. Cr. Krauss stated this property makes sense for annexation. Cr.Cunningham agreed this meets the criteria and policies for annexation. Cr. Pomeroy agrees with the staffs findings. Mayor Andrus supports the annexation since this meets the criteria, policies, and goals. 07:40:17 PM (01:43:20) 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 18240 and move to approve the Rainbow Creek Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The motion passed 5-0. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mayor-CVnthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Page 6 of 12 Bozeman City Commission Meeting Minutes,November 26,2018 Commissioner-I-Ho PomeroV:Approve Commissioner-Terry Cunningham:Approve 07:40:28 PM (01:43:31)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 18240 and move to approve the Rainbow Creek Zone Map Amendment, with contingencies required to complete the application processing. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 07:40:54 PM (01:43:57) Discussion DM Mehl discussed significant growth and change, and it happens throughout the city, albeit difficult. He stated the proposed uses are compatible. He discussed the need for rentals. He associated himself with the staff report. He addressed public comment. Cr. Krauss stated the density on this size lot is questionable, but he expressed the need for infill. He discussed R zoning and the location in detail. Cr.Cunningham discussed the difficulty of change, and the need for diverse housing. He discussed zoning and the surrounding area in great detail. Cr. Pomeroy agrees with the neighborhood character concern, but the community needs housing. Mayor Andrus discussed change,the strategic plan,and the community plan. 08:18:56 PM (02:21:59) Vote on the Motion that having reviewed and considered the staff report, application materials,public comment, recommendation of the Zoning Commission and an information presented,I hereby adopt the findings presented in the staff report for application 18240 and move to approve the Rainbow Creek Zone Map Amendment, with contingencies required to complete the application processing. The motion passed 4-1. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss:2nd Manor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner- I-Ho PomeroV:Approve Commissioner-TerrV Cunningham:Approve 08:19:09 PM (02:22:12) Commission Recess Mayor Andrus called the Commission into recess until 8:30 PM. 08:30:25 PM (02:33:28)Call to Order Mayor Andrus called the meeting back to order at 8:30 PM. 3. 08:30:32 PM (02:33:35) Appeal of the Administrative Project Decision for the Winco Foods Page 7 of 12 Bozeman City Commission Meeting Minutes,November 26,2018 Site Plan,Application 17585 (Quasi-Judicial) (Johnson/Matsen) M7 C= 08:30:58 PM (02:34:01)Staff Presentation Senior Planner Courtney Johnson discussed the property and Community Plan vicinity map.She discussed the review timeline of the property. She discussed the UDC adequacy determined by the City. She discussed the approval process and support from the DRC and DRB. 08:41:58 PM (02:45:01) Questions of Staff Cr. Krauss asked about the design decisions made in this process. He asked about roundabouts and pedestrian safety. Cr. Pomeroy asked how this project meets the Growth Policy. DM Mehl asked for clarification on the process tonight. CA Sullivan responded. Cr. Krauss asked how the public can participate in an administrative decision. Ms.Johnson explained the public comment process. DM Mehl asked what the initial finding of inadequacy was. Cr. Cunningham asked about the traffic study done for the project.Staff Engineer Griffin Nielsen responded. He asked Ms.Johnson about the 23 performance points awarded/earned. Mayor Andrus asked if the stormwater and drainage have been adequately addressed. 09:02:15 PM (03:05:18)Appellant Presentation Shannon Foley discussed why the appellant is aggrieved by this instance, specifically since the appellants work for smaller scale grocery stores and have a direct interest in their current job stability.She discussed the unfair burden for community members to be informed via public notice.She discussed the public comment process in great detail. 09:21:20 PM (03:24:23) Questions of Appellant DM Mehl asked if she thought the project was in compliance with the Growth Policy. He asked traffic concerns. 09:38:36 PM (03:41:39) Landowner Presentation Ben Alke discussed the merits that staff has already set forth, as there is no violation. He noted the two issues, of whether there was a proper appeal filed, and whether they are aggrieved. 09:45:30 PM (03:48:33) Public Comment Mayor Andrus opened public comment. 09:45:50 PM (03:48:53) Chad Laymer, Public Comment Mr. Laymer, counsel with WinCo Foods, discussed the WinCo model, and the benefits of having a company like WinCo in the community. 09:49:25 PM (03:52:28)Andrew Loinson,Public Comment Page 8 of 12 Bozeman City Commission Meeting Minutes,November 26,2018 Mr. Loinson stated he doesn't think the appellants are aggrieved parties. He noted a scattershot approach to get something to stick including traffic or public notice. 09:51:26 PM (03:54:29)Eugene Graf, Public Comment Mr. Graf stated this meets the Growth Policy. 09:52:47 PM (03:55:50)Joel Dunbar, Public Comment Mr. Dunbar,who works at Safeway, believes traffic will be a huge problem. 09:54:56 PM (03:57:59)Nikolai Cocergine,Public Comment Mr. Cocergine noted the traffic issues and further concentration of people. 09:58:19 PM (04:01:22)David Lohsef. Public Comment Mr. Lohsef stated he does not understand the aggrieved argument claim. He stated the city is experiencing growth regardless of stores coming in. 10:01:33 PM (04:04:36) Meeting Extended Mayor Andrus extended the meeting to 10:30 PM. 10:01:54 PM (04:04:57)Questions of Staff Mayor Andrus asked CA Sullivan for their next steps in the hearing. 10:02:55 PM (04:05:58)Staff Clarifications Planner Johnson noted that the DRB board also gives the public opportunity to participate. She stated the Director makes his decision based on full staff report. 10:03:55 PM (04:06:58)Questions of Staff DM Mehl asked if public comment needs to be process and content. He asked the engineers about the alternative traffic study. CA Sullivan asked Planner Johnson what was available during the public comment period. Cr. Krauss asked what the next step is if he is not persuaded about a grievance. 10:11:09 PM (04:14:12)Appellant Clarifications Ms. Foley stated the appellants are not here on behalf of their employers.She clarified the appellants are not claiming that Safeway or Albertsons are locally owned. She stated that documents can be submitted up to the close of public comment at appeal. 10:17:17 PM (04:20:20) Landowner Clarifications Mr.Alke discussed the noticed adequacy conditions. He discussed multiple bases for denying the appeal. 10:21:11 PM (04:24:14)Questions of Staff Cr. Krauss asked CA Sullivan if the precedent set here would be a concern. Page 9 of 12 Bozeman City Commission Meeting Minutes,November 26,2018 10:27:21 PM (04:30:24) Meeting Extended Mayor Andrus extended the meeting to 10:45 PM. 10:27:38 PM (04:30:41)Motion that the City preserve the right to raise failure to comply with Bozeman Municipal Code Section 38.220.140.A.4 upon any subsequent judicial review of the administrative project decision. Commissioner-Jeff Krauss: Motion Commissioner-Terry Cunningham: 2nd 10:28:10 PM (04:31:13) Discussion Cr. Krauss stated this discussion/decision should be made in court. 10:29:08 PM (04:32:11) Vote on the Motion that the City preserve the right to raise failure to comply with Bozeman Municipal Code Section 38.220.140.A.4 upon any subsequent judicial review of the administrative project decision. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner-Terry Cunningham: 2nd Mayor-CVnthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 10:30:01 PM (04:33:04)Motion to uphold the administrative project decision for application 17585, WinCo Foods site plan. Commissioner-Jeff Krauss: Motion Deputy Mayor-Chris Mehl: 2nd 10:30:18 PM (04:33:21) Discussion Cr. Krauss discussed his findings in upholding the administrative project decision in detail. 10:43:37 PM (04:46:40) Meeting Extended Mayor Andrus extended the meeting to 11:00 PM. 10:43:47 PM (04:46:50) Discussion Continued DM Mehl made additional findings in support of the motion. Cr.Cunningham made findings that the decision was in compliance with the Growth Policy and UDC. Cr. Pomeroy agrees with the other commissioners. Page 10 of 12 Bozeman City Commission Meeting Minutes,November 26,2018 Mayor Andrus supports the motion, and that the application is compliant. 10:54:23 PM (04:57:26) Vote on the Motion to uphold the administrative project decision for application 17585, WinCo Foods site plan. 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 to Gffnrtiv.> Public Parking A anagernent and Enfereemnnt Aetivities(W4M ,-.! i of the Qezem n upi.-Gpol/"ode Item moved to December 3, 2018 agenda. I. 10:54:48 PM (04:57:51) FYI/Discussion There was no FYI. J. 10:55:04 PM (04:58:07)Adjournment Mayor Andrus adjourned the meeting at 10:55 PM. O Jnthia L.Andrus Mayor ATTEST: Robin Crough City Clerk G• . Page 11of12 Wit•,. 18g3 .•���• t�TIN CO fit° Bozeman City Commission Meeting Minutes,November 26,2018 PREPARED BY: Robin Crough City Clerk Approved on: OeLE46)9 ! M Page 12 of 12