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HomeMy WebLinkAbout03-11-19 City Commission Minutes THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, March 11, 2019 Mayor-Cynthia Andrus:Absent 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)Surratt, City Attorney(CA)Greg Sullivan, Deputy City Clerk Brenda Sweeney, Community Development Manager(CDM) Chris Saunders,Community Development Director(CDD) Marty Matsen A. 06:00:41 PM (00:01:48)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse Deputy Mayor Mehl called the meeting to order at 6:00 PM. B. 06:00:54 PM (00:02:01) Pledge of Allegiance and a Moment of Silence C. 06:01:38 PM (00:02.45)Changes to the Agenda There were no change to the agenda. D. 06:01:43 PM (00:02:50)Authorize Absence—Mayor Cyndy Andrus 06:01:48 PM (00:02:55)Motion and Vote to authorize the absence of Mayor Cyndy Andrus. The motion passed 4-0. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Absent Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve Page 1 of 11 Bozeman City Commission Meeting Minutes,March 11,2019 E. 06:02:01 PM (00:03:08) FYI • Cr. Pomeroy announced that today she attended a Mental Health Local Advisory Council meeting that deals with substance abuse and mental health.She talked about services offered. • DM Mehl announced the Planning and Coordinating Committee will be meeting tomorrow from 3-5 PM at the County Courthouse. F. 06:03:07 PM (00:04:14)Commission Disclosures There were no commission disclosures. G. 06:03:13 PM (00:04:20) Minutes 1. 06:03:13 PM (00:04:20)Approve the Regular Meeting Minutes from February 4, February 11, and February 25, 2019,and User Access to Linked Minutes(Crough)21 a 06:03:19 PM (00:04:26)Motion and Vote to approve the City Commission minutes from February 4, February 11,and February 25,2019 as submitted. The motion passed 4-0. Commissioner-1-Ho Pomeroy: Motion Commissioner-Terry Cunningham: 2nd Mayor-Cynthia Andrus:Absent Deputy Mayor-Chris Mehl: Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve H. 06:03:38 PM (00:04:45) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres)07 a 2. Authorize the Deputy Mayor to Sign the Findings of Fact and Order for the Nelson Meadows Preliminary Plat,Application 18458 (Quasi-Judicial) (Rogers), a 3. Authorize the City Manager to Sign a Professional Services Agreement with Burns & McDonnell Engineering Company, Inc.for a Solid Waste Rate Study(Donald) a 06:03:41 PM (00:04:48)City Manager Overview CM Surratt provided the highlights of the consent agenda. 06:04:41 PM (00:05:48) Public Comment There was no public comment. 06:04:56 PM (00:06:03)Motion and Vote to approve Consent Items 1-3 as submitted. The motion passed 4-0. Page 2 of 11 Bozeman City Commission Meeting Minutes,March 11,2019 Commissioner-Terry Cunningham: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus: Absent Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham: Approve 1. 06:05:06 PM (00:06:13) Public Comment There was no public comment. J. 06:05:47 PM (00:06:54)Special Presentation 1. 06:05:56 PM (00:07:03)State of the Court(Herrington/Seel) 06:05:57 PM (00:07:04) Presentation Judge Karl Seel presented the State of the Judiciary address. He explained what they do at the Municipal Court,what they've been able to accomplish and goals.Judge Colleen Herrington talked about the Veterans Court Program. 06:19:46 PM (00:20:53)Questions of Presenters Cr. Pomeroy thanked the judges for their support. Cr. Cunningham thanked the judges for their service to the community. He talked about the veterans treatment court. DM Mehl thanked the judges for being leaders in our community. He asked for one or two things they would want community members to know about city courts. He asked that they come back with an update next year. Cr. Pomeroy asked Judge Herrington about the success rate in the Veterans Court. K. 06:26:47 PM (00:27:54)Action Items 1. 06:26:51 PM (00:27:58) Resolution 4995, Creating Special Improvement Lighting District (SILD) Number 751 for the New High School and Flanders Creek Subdivision (Donald) L!. 06:27:04 PM (00:28:11)Staff Presentation Finance Director Kristin Donald explained this is the public hearing for SILD 751, which includes the new high school and Flanders Creek. She talked about the type of lighting, location and assessments. She pointed out the four protests received,which represent less than one percent of the district. 06:27:57 PM (00:29:04)Questions of Staff Cr. Cunningham confirmed the location of the area as well as one of the goals of the high school being the safety of the students. Page 3 of 11 Bozeman City Commission Meeting Minutes,March 11,2019 06:28:36 PM (00:29:43) Public Comment There was no public comment. 06:28:46 PM (00:29:53)Motion to adopt Resolution 4995, Creating Special Improvement Lighting District Number 751 for the New High School and Flanders Creek Subdivision. Commissioner-Terry Cunningham: Motion Commissioner-Jeff Krauss: 2nd 06:29:04 PM (00:30:11) Discussion Cr. Krauss will be voting no and is struggling with the discrepancy between lighting districts in the city relative to adjustments to standards. 06:30:17 PM (00:31:24)Staff Clarification CM Surratt informed the commission that the city engineer prepared an e-mail to her that she will share with the commission which provides the background on all lighting districts. She will be passing that around in the next week. CA Sullivan asked the commission to make an oral finding about the protests. He suggested the commission do that on record. 06:31:16 PM (00:32:23) Commission Finding Cr. Cunningham stated that he finds that the threshold for protest was not met in this case, adjacent property owners were notified,an opportunity to present those protests was provided,and although four protests were received from those parcels,collectively they represent less than one percent of the district and therefore he finds them insufficient. 06:31:53 PM (00:33:00) Vote on the Motion to adopt Resolution 4995, Creating Special Improvement Lighting District Number 751 for the New High School and Flanders Creek Subdivision. The motion passed 4-0. Commissioner-Terry Cunningham: Motion Commissioner-Jeff Krauss: 2nd Mayor- Cynthia Andrus:Absent Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 2. 06:32:09 PM (00:33:16) Resolution 5007, Creating Special Improvement Lighting District (SILD) Number 752 for the New High School and Sports Park(Donald) g a Page 4 of 11 Bozeman City Commission Meeting Minutes,March 11,2019 06:32:25 PM (00:33:32)Staff Presentation Finance Director Kristin Donald explained this is the public hearing for SILD 752, which is the new high school and sorts park lighting district. She talked about the type of lighting, location and assessments. 06:33:09 PM (00:34:16)Questions Cr.Cunningham asked if the process is that we collect and bill ourselves. DM Mehl asked why this district is half the cost of the previous one. 06:34:37 PM (00:35:44) Public Comment There was no public comment. 06:34:44 PM (00:35:51)Motion to adopt Resolution 5007, Creating Special Improvement Lighting District(SILD)Number 752 for the New High School and Sports Park. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd 06:35:06 PM (00:36:13) Discussion Cr. Krauss will be voting no. Cr. Pomeroy will vote in support of the motion. Cr. Cunningham will vote in favor of the motion. 06:36:16 PM (00:37:23) Vote on the Motion to adopt Resolution 5007, Creating Special Improvement Lighting District(SILD)Number 752 for the New High School and Sports Park. The motion passed 3-1. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Absent Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 3. 06:36:32 PM (00:37:39) Resolution 5025,Adopting a Revised Schedule of Community Development Review Fees(Saunders/Matsen) L!; 06:37:05 PM (00:38:12)Staff Presentation Community Development Manager Chris Saunders presented Resolution 5025,which covers different subjects guided by the city's budget principals. He outlined fee components that make up costs. He talked about the things Community Development does that are not funded by application fees. He talked about the applications structure the city uses. He summarized changes in processing of Page 5 of 11 Bozeman City Commission Meeting Minutes,March 11,2019 applications. He talked about unresolved issues of establishing a maximum fee cap and effective date of the new fee schedule. He talked about the staff's recommendation. He addressed public comment received. 07:00:07 PM (01:01:14) Questions of Staff Cr. Pomeroy asked for confirmation of the reason for the change in the fee schedule. She asked if this is the first time these large fees have been applied to a very large project. Cr.Cunningham asked about the theory of the cap relative to timing. He asked about the time effort study in 2020. He asked about fine tuning numbers versus a cap. Cr. Krauss asked about various revenues into the Planning Department and the intent that they are not all inclusive. He asked about the MCA piece and whether it is to justify charging the fee. He asked whether an activity costing study was conducted. He asked about project budgets for planners. Cr. Pomeroy asked that compared to six different Montana cities if staff thinks our fee is reasonable.She asked about the increased average cost of a house. Cr.Cunningham asked about a correlation between basing a fee on the amount of time it takes to review a number of residential dwelling units that increases but the square footage is the same. DM Mehl asked if the commission would see whether we were collecting too much or too little of what the costs were as part of the budget review.He asked about subsidizing from the General Fund if we didn't charge to cover costs. 07:27:42 PM (01:28:49)Susan Swimley, Public Comment Ms. Swimley, together with Gallik, Bremer and Malloy, represents Delaney and Company with regard to this conversation about modifying fees.She talked about long range planning fees. 07:31:33 PM (01:32:40)Michael Delaney, Public Comment Mr. Delaney is the applicant and talked about the large fee he paid under protest. Mr. Delaney talked about the staff coming to a compromise. He talked about putting a cap on fees. 07:34:45 PM (01:35:52) Response from Staff to Public Comment Mr. Saunders addressed the questions of Ms. Swimley and stated what the Planning Department is proposing relative to the long range planning fee as well as the impact of the cap. CM Surratt pointed out that if the commission wants to approve the resolution stated in the package, it does not reference the cap and they would need to add language. 07:38:05 PM (01:39:12)Questions of Staff Cr. Pomeroy asked about the effective date for the amended fee schedule. 07:38:31 PM (01:39:38)Motion to adopt Resolution 5025,amending the fee schedule for the review of impact fee deferral,zoning,subdivision, annexation,growth policy proposals and other planning related review processes, with a cap of 150 units or 150,000 square feet, with an effective date of March 30,2019. Page 6of11 Bozeman City Commission Meeting Minutes,March 11,2019 Commissioner-I-Ho Pomeroy: Motion Commissioner-Terry Cunningham: 2nd 07:39:11 PM (01:40:18) Discussion Cr. Pomeroy stated that as public comment reflected, this is a very large project and the current fee schedule doesn't fit.She feels this action sends a message that the city tries to be fair and reasonable. Cr.Cunningham will support the motion as stated. He pointed out when the fees were created the larger projects were not expected. He thinks this should be re-studied in 2020. Cr. Krauss commented we should be careful we are not using the fees charged to the applicant for costs of services performed to support general government. He will be voting for this because of the cap. DM Mehl is convinced it is reasonable and looks forward to the study in 2020. He supports the motion. Cr. Krauss talked about possible competition and fine tuning the match between what a project budget might include for an application and long range planning. 07:50:43 PM (01:51:50) Vote on the Motion to adopt Resolution 5025, amending the fee schedule for the review of impact fee deferral,zoning,subdivision, annexation,growth policy proposals and other planning related review processes, with a cap of 150 units or 150,000 square feet, with an effective date of March 30,2019. The motion passed 4-0. Commissioner- I-Ho Pomeroy: Motion Commissioner-Terry Cunningham: 2nd Mayor-Cynthia Andrus:Absent Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 07:50:51 PM (01:51:58) Recess DM Mehl called the commission into recess until 7:55 PM. 07:56:32 PM (01:57:39) Call to Order DM Mehl called the meeting back to order at 7:56 PM. 4. 07:56:35 PM (01:57:42) Resolution 5024,Accepting the 2019 Community Housing Needs Assessment(Matsen) -.4z 07:56:53 PM (01:58:00)Staff Presentation Community Development Director Marty Matsen opened the presentation and stated the city hired two experienced consultants to conduct the community housing needs assessment. He introduced Wendy Sullivan with WSW Consulting, Inc., and Christine Walker with Navigate, LLC.The consultants talked about their methodology and outlined the purpose of the community housing assessment.Their study Page 7 of 11 Bozeman City Commission Meeting Minutes,March 11,2019 includes part one: Housing Assessment, and part two:Action Plan Process. 08:36:58 PM (02:38:05)Questions of Consultants Cr.Cunningham asked if they are seeing this same scenario presenting itself in various communities they operate in and what some of the outliers are that are different from elsewhere. He asked about percentage of cash buyers in the market. DM Mehl asked about second homeowners and what our share is compared to other communities like Bozeman. Cr. Krauss commented the consultants did a nice job with employer information but noted the lack of day care. He asked whether the employers were developing any employee housing. He asked how students fit into renter incomes. He asked about the 1,000 units in the pipeline. Cr. Pomeroy asked about summary of housing needs and if the total includes mixed housing and rentals. She asked how we can accomplish these goals. Cr. Krauss asked if they have communities that take a look at a way of encouraging more development and incorporate commuting long distances. DM Mehl asked for more information about the commuting rate. He asked about why we are not responding to signals being sent by the housing market. 09:08:27 PM (03:09:34) Public Comment DM Mehl opened public comment. 09:08:46 PM (03:09:53) Kevin Thane,Public Comment Mr.Thane referred to Mayor Andrus'State of the City Address about affordable housing. He talked about the efforts of the consultants and challenges at this point in time. He asked that the commission not allow a stall mode. 09:10:51 PM (03:11:58)Brian Popeil, Public Comment Mr. Popeil is with SWMBIA and stated if the community wants to build 1,100—1,300 units of housing a year over the next five years,they would like to be part of that. 09:11:22 PM (03:12:29)Aron Nevila,Public Comment Mr. Nevila talked about the cost of analysis survey. He pointed out questions resulting from information presented by the consultants. He talked about encouraging building and development in Bozeman. 09:12:53 PM (03:14:00)Motion to adopt Resolution 5024 accepting the 2019 Community Housing Needs Assessment and establishing it as a City document. Commissioner-Terry Cunningham: Motion Commissioner-Jeff Krauss: 2nd 09:13:15 PM (03:14:22) Discussion Cr. Cunningham noted the community needs assessment was a substantial community undertaking with Page 8 of 11 Bozeman City Commission Meeting Minutes,March 11,2019 many participants.He talked about the impact of the absence of an affordable housing manager.He talked about the importance of data as a tool to apply our efforts. Cr. Krauss will vote to accept the document. He talked about the housing needs data, limitations and restrictions. Cr. Pomeroy talked about the need to get more funding for affordable housing. She will support the motion. DM Mehl thanked all participants as well as commissioners who took interest and activity in bringing citizen groups together for discussions. He talked about the complexity of the project and the need to use this document to prioritize. 09:29:28 PM (03:30:35) Vote on the Motion to adopt Resolution 5024 accepting the 2019 Community Housing Needs Assessment and establishing it as a City document. The motion passed 4-0. Commissioner-Terry Cunningham: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Absent Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 5. 09:29:38 PM (03:30:45) Nexus Point Growth Policy Amendment, Revising the Future Land Use Map from Business Park Mixed Use to Residential Use on 20.18 Acres, Located on the West Side of South 19th Avenue,South of Stucky Road and North of West Graf Street, Application 19014(Rosenberg) .a 09:30:14 PM (03:31:21)Staff Presentation Associate Planner Sarah Rosenberg presented the Nexus Point Growth Policy Amendment and entered the staff report into the record. She pointed out the commission did see the zone map amendment a couple of months ago. She talked about the current land use designation and proposed land use designation.She explained the applicant is seeking to develop a variety of multi-family housing along 19th Avenue, creating more infill and student and faculty housing. She reviewed public comment received. Staff is recommending approval but pointed out a contingency. 09:41:18 PM (03:42:25)Questions of Staff Cr. Krauss asked about the contingency. Cr. Pomeroy asked if we have enough business park mixed use area for incoming business. 09:43:35 PM (03:44:42)Applicant Presentation Chris Budeski is here representing the applicant for a growth policy amendment of a 20 acre tract on S. 191h Avenue. He explained the purpose of the amendment is to change the land use so they can have Page 9 of 11 Bozeman City Commission Meeting Minutes,March 11,2019 greater than 20% of the property used as residential development. He pointed out this will have good pedestrian and bicycle connectivity to the university. 09:47:45 PM (03:48:52)Questions of Applicant Cr. Cunningham asked if the market is driving this decision. He asked about the proposed residential designation of urban density dwellings. DM Mehl asked if the applicant has read the application and if they have concerns. 09:49:15 PM (03:50:22) Public Comment There was no public comment. 09:49:28 PM (03:50:35)Motion that having reviewed and considered the application materials,public comment,and all the information presented,I hereby move to adopt the findings presented in the staff report and approve the growth policy amendment with contingencies necessary to complete application processing with the Contingency 1 modified to state "Nexus Point Growth Policy Amendment"instead of"2018 NW Corner of Cottonwood and Oak Growth Policy Amendment". Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd 09:50:05 PM (03:51:12) Discussion Cr.Krauss talked about the importance of the B-1 neighborhood and taking a look at connectivity to MSU. Cr. Pomeroy supports this project and more housing to accommodate employers nearby. Cr. Cunningham noted this application meets all the criteria and is consistent with the overall intent of the growth policy. DM Mehl agrees with the staff presentation and written record. 09:56:11 PM (03:57:18) Vote on the Motion that having reviewed and considered the application materials,public comment, and all the information presented,I hereby move to adopt the findings presented in the staff report and approve the growth policy amendment with contingencies necessary to complete application processing with the Contingency 1 modified to state "Nexus Point Growth Policy Amendment"instead of"2018 NW Corner of Cottonwood and Oak Growth Policy Amendment". The motion passed 4-0. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Absent Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve Page 10 of 11 Bozeman City Commission Meeting Minutes,March 11,2019 L. 09:56:21 PM (03:57:28) FYI/Discussion • DM Mehl would rather not see any lighting districts until he sees the e-mail from staff. • CM Surratt announced the new Human Resources director will be on staff as soon as March 20tn and the commission will meet him on March 251n • DM Mehl announced the commission will not meet next week. M. 09:57:32 PM (03:58:39)Adjournment DM Mehl adjourned the meeting at 9:57 PM. ;4CLia L.Andrus Mayor ATTEST: J ♦ •• Vr •fi0 ZE!G r " • Robin Crough City Clerk •off` LL • . . . • ` TIN C� ' PREPARED BY: Brenda Sweeney Deputy City Clerk Approved on: � �� Page 11 of 11