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Home My WebLink About07-01-19 City Commission Minutes soz G �'Z Ar cM THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA AGENDA Monday,July 01, 2019 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,Assistant City Attorney(ACA) Karen Stambaugh, Deputy City Clerk Brenda Sweeney A. 05:59:57 PM (00:02:41)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. 06:00:06 PM (00:02:50) Pledge of Allegiance and a Moment of Silence C. 06:00:52 PM (00:03:36)Changes to the Agenda There were no changes to the agenda. D. 06:01:13 PM (00:03:57) Public Service Announcements 1. 06:01:00 PM (00:03:44) No City Commission Meeting on July 8, 2019(Sweeney) 2. 06:01:16 PM (00:04:00) Independence Day Fireworks Safety Requirements and Regulations (Crawford) Police Chief Steve Crawford talked about fireworks in Bozeman regarding when,what, and where they can be discharged in the city. Fire Chief Josh Waldo talked about reminders for safety tips. 06:05:44 PM (00:08:28)Questions of Staff Mayor Andrus asked about the three day allowance for fireworks. Cr. Krauss is guessing this was a reduction in the previous 10-day allowance. Page 1 of 12 Bozeman City Commission Meeting Minutes,July 1,2019 E. 06:07:06 PM (00:09:50) FYI • Cr. Cunningham announced the Midtown Urban Renewal Board would normally meet Thursday, July 4, 2019, but because of holiday they will meet July 11, 2019 4:00 PM upstairs in City Hall. • CM Mehl announced the Planning Board and Zoning Commission will meet tomorrow at 7:00 PM to continue work on metrics for the Community Plan. • CM Andrea Surratt announced there is construction on the Path to the M along with a box culvert installation, and the Drinking Horse Trail and the parking lot will be closed July 8-23. F. 06:09:37 PM (00:12:21)Commission Disclosures • Cr. Cunningham disclosed that regarding Action Item 4, he served on the Bozeman Health Board for eight years but does not have a conflict. • Cr. Cunningham announced that regarding Action Item 5, due to his role as executive director of Run Dog Run and personal interest he will recuse himself from the discussion and vote. G. 06:10:20 PM (00:13:04)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)07 a 2. Ratify the City Manager's Approval of an On-Premises Beer and Wine License for Fiesta Mexicana of Bozeman, Montana to Sell Beer and Wine at 712 Wheat Drive,for Calendar Year 2019 (Portnell)7 a 3. Formal Cancellation of the July 8, 2019 City Commission Meeting(Crough) a 4. Authorize the Mayor to Sign the Findings of Fact and Order for the Lot 11 Gallatin Center Minor Subdivision Preliminary Plat,Application 17483 (Quasi-Judicial) (Garber)1,a 5. Authorize the City Manager to Sign a Notice of Award to Tri State Truck& Equipment, Inc.for the Purchase of a 2020 Tandem Axle Truck with Grapple and Dump Box(Nordquest/Handelin) ' a 6. Authorize the City Manager to Sign an Interlocal Agreement with Montana State University for Fire Safety Protection Services in the Area Served by Fire Station Number 2 for the Fiscal Year 2020(Waldo)1� a 7. Authorize the City Manager to Sign a Professional Services Agreement with the Downtown Bozeman Partnership, LLC for the Administration and Management of the Downtown Urban Renewal District for Fiscal Year 2020 (Naumann/Fine), C:J 8. Authorize the City Manager to Sign a Professional Services Agreement with Stifel, Nicolaus& Company, Inc. for Underwriting Services for the Issuance of Bonds for the Bozeman Public Safety Center(Donald), C5 9. Authorize the City Manager to Sign Task Order Number MID20-001 with Sanderson Stewart for the Aspen Festival Street Design Services Project(Fine), a 10. Resolution 5082, Authorizing the City Manager to Sign Change Order Number 1 with K&E Enterprises, Inc.,for the Lead Service Line Removal and Replacement Project(Murray),a Page 2 of 12 Bozeman City Commission Meeting Minutes,July 1,2019 11. Resolution 5083,Authorizing the City Manager to Sign Change Order Number 4 with Williams Brother Construction for the WRF Small Works Construction Project(Heaston) a 12. Ordinance 2005 Final Adoption, 1803 Bridger Drive Annexation Zone Map Amendment to Designate Approximately 0.742 Acres as R-1, Residential Single-Household Low Density, Application 18143 (Garber) _p 06:10:24 PM (00:13:08) City Manager Overview CM Surratt noted the highlights of the consent agenda. 06:11:51 PM (00:14:35) Public Comment There was no public comment. 06:12:32 PM (00:15:16)Motion and Vote to approve Consent Items 1-12 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 H. 06:12:58 PM (00:15:42) Public Comment 06:13:36 PM (00:16:20)John Swanson, Public Comment Mr.Swanson talked about the proposed deviation at 724 North Bozeman Avenue. He is a next door neighbor and is in favor. I. 06:15:13 PM (00:17:57)Special Presentation 1. 06:15:27 PM (00:18:11) Fire Department 2018 Annual Report(Waldo) Fire Chief Josh Waldo presented the Bozeman Fire Department 2018 Annual Report in detail. 06:25:39 PM (00:28:23)Questions of Staff Cr. Pomeroy asked about the response breakdown regarding false calls.She asked how the Bozeman Public Safety Center will improve their service to our citizens after it is built. Cr.Cunningham asked if the chief had any advice for drivers when it comes to seeing a fire apparatus with sirens going and lights on. Cr. Krauss asked about defibrillators and if we have a program where they are installed in various buildings or work with local business people to install them. DM Mehl asked about the insurance credit issue and what it means for business or residence insurance. Page 3 of 12 Bozeman City Commission Meeting Minutes,July 1,2019 He asked about the 90`h percentile in performance. J. 06:33:31 PM (00:36:15)Action Items 1. 06:33:34 PM (00:36:18) Resolution 5055, Creating Special Improvement Lighting District (SILD) Number 754 for the Catron Crossing Subdivision (Donald) �.a 06:33:48 PM (00:36:32)Staff Presentation Finance Director Kristin Donald presented the details of SILD 754. She talked about the structure and requirements of the lighting. 06:34:35 PM (00:37:19) Questions of Staff Cr. Cunningham asked staff for the meaning of dark skies compliant. 06:37:40 PM (00:40:24) Public Comment There was no public comment. 06:37:50 PM (00:40:34)Motion to adopt Resolution 5055, Creating Special Improvement Lighting District Number 754 for the Catron Crossing Subdivision. Commissioner-Terry Cunningham: Motion Commissioner-I-Ho Pomeroy: 2nd 06:38:05 PM (00:40:49) Discussion Cr. Cunningham agrees with the need for this and will vote in support. Cr. Pomeroy will also support the motion. Cr. Krauss will be voting against it and doesn't think we should have any SILDs until lighting standards are corrected to meet current conditions. CM Surratt reminded the commission staff is conducting a street light study this fall to look at issues and make recommendations. 06:40:48 PM (00:43:32) Vote on the Motion to adopt Resolution 5055, Creating Special Improvement Lighting District Number 754 for the Catron Crossing Subdivision. The motion passed 4-1. Commissioner-Terry Cunningham: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Approve _Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve Page 4 of 12 Bozeman City Commission Meeting Minutes,July 1,2019 2. 06:41:00 PM (00:43:44) Continue the Public Hearing on the Westland Lofts Master Site Plan and Conditional Use Permit from July 1, 2019 to August 5, 2019, Application 18557 (Garber) ..a CM Surratt explained the continuance is to allow additional staff time to work through unresolved issues. 06:41:31 PM (00:44:15)Questions of Staff Cr. Krauss asked about CUP ground level residential and if it's the one topic of this application. He asked for clarification that the reason the commission is hearing the application is because residential is being proposed in a commercial area. 06:43:05 PM (00:45:49) Public Comment Mayor Andrus opened public comment. 06:43:10 PM (00:45:54) Connie Rader Public Comment Ms. Rader spoke about her concerns regarding the size and scale of the proposed project. 06:46:28 PM (00:49:12)Celia Gravens Public Comment Ms.Gravens talked about the development in Baxter Meadows regarding the way it was developed and current density of the neighborhood. 06:49:35 PM (00:52:19)Crustal Terry,Public Comment Ms.Terry spoke about the safety issue for her neighbors and their small children as well as her personal issues. 06:52:47 PM (00:55:31)Lindsay Hall,Public Comment Ms. Hall spoke about her lack of yard and stated the proposed project will dangerously impact the community on the street. 06:55:47 PM (00:58:31)Emily Kelly, Public Comment Ms. Kelly supports the other speakers for reasons of density. 06:56:35 PM (00:59:19)Motion to continue the public hearing on application 18557, Westland Lofts, from July 1,2019 to August 5,2019. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd 06:56:52 PM (00:59:36) Discussion Cr. Pomeroy agrees staff needs more time on this project. Cr. Krauss commented that staff asked for more time, and he is inclined to grant it. Page 5 of 12 Bozeman City Commission Meeting Minutes,July 1,2019 06:57:09 PM (00:59:53) Vote on the Motion to continue the public hearing on application 18557, Westland Lofts,from July 1,2019 to August 5,2019. The motion passed 5-0. Commissioner-I-Ho Pomeroy: 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 3. 06:57:23 PM (01:00:07)724 North Bozeman Avenue Neighborhood Certificate of Appropriateness Application with a 60% Front Setback Deviation for a Second Story Addition in the Neighborhood Conservation Overlay District, but Outside of any Historic District, Application 19087 (Quasi-Judicial) (Garber) r°_a 06:57:45 PM (01:00:29)Staff Presentation Associate Planner Danielle Garber presented the application and entered the staff report into the record.The project contains the demolition of a portion of an existing roof to build a second addition. She talked about the project in detail. 07:04:05 PM (01:06:49)Questions of Staff Mayor Andrus asked for copies of the new information as well as more information on the materials. DM Mehl asked about the side yard setback. He asked about the double front situation and design guidelines. He pointed out the staff memo says R-3, but the map shows R-4. Cr. Cunningham asked about alterations within the setback. He asked about improvements making a positive historic contribution to the character of the overall immediate area. He asked if this addition contributes to the nationalization phase. He asked about the gabled roof form. Cr. Pomeroy asked why this is such a gray area and why staff is not able to make a decision on findings. She asked about the front of the structure relative to height and setback. Cr. Krauss asked about sidewalks along Aspen. He asked for confirmation that this addition would not affect having a sidewalk along that property. He asked about the title in the staff report. Mayor Andrus asked if this is non-conforming property and how many homes in the neighborhood are contributing to the historic nature. 07:18:18 PM (01:21:02)Applicant Presentation Reno Walsh is the applicant and spoke about the reasons for the addition in detail. 07:23:29 PM (01:26:13)Questions of Applicant Cr. Pomeroy asked how the deviation contributes to the overall historic character of the surrounding area. Page 6 of 12 Bozeman City Commission Meeting Minutes,July 1,2019 07:25:29 PM (01:28:13) Public Comment Mayor Andrus opened public comment. 07:25:37 PM (01:28:21)Rhonda Burns,Public Comment Ms. Burns voiced her support. 07:25:59 PM (01:28:43)Motion that having reviewed and considered the application materials,public comment, and all the information presented,I hereby find[state positive findings for criteria in Section 6]for application 19087 and move to approve the 724 North Bozeman Avenue application for a Neighborhood Conservation Overlay District Certificate of Appropriateness application and deviation request to allow the construction of a 340 square foot second story addition within the current zoning regulations required front setback,subject to all other applicable code provisions. Commissioner-Jeff Krauss: Motion Deputy Mayor-Chris Mehl:2nd 07:26:46 PM (01:29:30) Discussion Cr. Krauss pointed out we are in the middle of considering NCOD standards and thinks we see in this application why we must be careful about what it is we're trying to conserve in our neighborhoods. He talked about the goal of affordable small homes versus historic neighborhoods. DM Mehl will support the motion and associates himself with the previous comments. He agrees with the staff analysis with the exception of the sticking point. He talked about criteria of deviations. He talked about the update to the NCOD guidelines done in April. Cr. Cunningham talked about what we must do as a body to approve this and what the commission faces in light of what staff was unable to approve. Cr. Pomeroy will support the motion.She stated the application meets standards for deviation and it makes sense.She agrees that it supports affordable housing, density,and infill. Mayor Andrus will also support the motion and associates with her colleagues.She talked about the sticking point and compared the project to the historical appropriateness of surrounding buildings. Cr. Krauss stated as we move into the future of the city,we will have to meet continued demand of for housing. 07:46:18 PM (01:49:02) Vote on the Motion that having reviewed and considered the application materials,public comment,and all the information presented,I hereby find[state positive findings for criteria in Section 6]for application 19087 and move to approve the 724 North Bozeman Avenue application for a Neighborhood Conservation Overlay District Certificate of Appropriateness application and deviation request to allow the construction of a 340 square foot second story addition within the current zoning regulations required front setback,subject to all other applicable code provisions. The motion passed 5- Commissioner-Jeff Krauss: Motion Page 7 of 12 Bozeman City Commission Meeting Minutes,July 1,2019 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 07:46:30 PM (01:49:14) Recess Mayor Andrus called the meeting into recess until 7:55 PM. 07:55:12 PM (01:57:56) Call to Order Mayor Andrus called the meeting back to order. 4. 07:55:19 PM (01:58:03) West Bozeman Health Ambulatory Surgery Center and Medical Office Building Site Plan and Conditional Use Permit for a 30% Building Height Increase, Application 19073 (Quasi-Judicial) (Garber) 0 a 07:55:40 PM (01:58:24)Staff Presentation Associate Planner Danielle Garber presented the application and entered the staff report into the record. She described the application in detail. 08:01:47 PM (02:04:31) Questions of Staff DM Mehl talked about the staff memo format. He asked about the over minimum parking and if there have been any comments. He asked about departures. Cr. Cunningham asked if this is consistent with allowable uses in B-2. He asked about main entrance access to the property and interference with the water course. 08:07:04 PM (02:09:48)Applicant Presentation Ted Conover,with CTA Architects Engineers, is the architect on the project. He talked about Bozeman Health decentralizing some of their health care services to help give the public more convenient access to health care. Mr. Conover spoke about the project in detail. 08:11:13 PM (02:13:57)Questions of Applicant DM Mehl asked if he has seen the staff report. He asked about the distance to the road based on the growth and expansion of Cottonwood. He asked about the parking departure. Cr. Pomeroy asked about the need for extra height. 08:15:28 PM (02:18:12) Public Comment There was no public comment. 08:15:44 PM (02:18:28)Motion that having reviewed and considered the application materials,public Page 8 of 12 Bozeman City Commission Meeting Minutes,July 1,2019 comment, and all the information presented,I hereby adopt the findings presented in the staff report for application 19073 and move to approve the West Bozeman Ambulatory Surgery Center and Medical Office Building Conditional Use Permit and Site Plan application subject to conditions and all applicable code provisions. Deputy Mayor-Chris Mehl: Motion Commissioner-Terry Cunningham: 2nd 08:16:09 PM (02:18:53) Discussion DM Mehl supports the motion including a couple of routine conditions and agrees with the staff report. Cr.Cunningham also agrees with the staff report, analysis and criteria. He stated the applicant has shown good reason for deviation. Cr. Pomeroy stated this makes sense and will support the motion. Cr. Krauss thanked Bozeman Health fort their continued investment in health care and to the other side of town. He commented on several aspects of the site plan. Mayor Andrus will support this project as well as staff findings and analysis for the site plan and CUP. 08:22:50 PM (02:25:34) 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 19073 and move to approve the West Bozeman Ambulatory Surgery Center and Medical Office Building Conditional Use Permit and Site Plan application subject to conditions and all applicable code provisions. 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 5. 08:23:05 PM (02:25:49) Ordinance 2022 Provisional Adoption, Revising Bozeman Municipal Code Chapter 8,Article 2, Section 080.,Animal Restraint and Confinement,to Add the Story Mill Park Nature Sanctuary to the List of Dog-Free Areas and to Add the Fenced and Enclosed Areas of Story Mill Park and Bozeman Pond to the List of Restraint-Free Areas (Jadin) -.fj 08:23:44 PM (02:26:28)Staff Presentation Parks Planner and Development Manager Adi Jadin presented the ordinance,which contains updates to the animal control regulations due to a few new parks.She talked about the Bozeman Pond expansion project, including the Lewis and Bark Dog Park,Story Mill Park Nature Sanctuary and West Paw Dog Page 9 of 12 Bozeman City Commission Meeting Minutes,July 1,2019 Park. 08:31:29 PM (02:34:13) Questions of Staff Cr. Krauss asked if we are planning to add another animal control officer to enforce our new ordinance. 08:32:20 PM (02:35:04) Public Comment There was no public comment. 08:32:29 PM (02:35:13)Motion to provisionally adopt Ordinance 2022, revising Bozeman Municipal Code Chapter 8,Article 2,Section 080.,Animal Restraint and Confinement, to add the Story Mill Park nature sanctuary to the list of dog free areas and to add the fenced and enclosed areas of Story Mill Park and Bozeman Pond to the list of restraint free areas. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd 08:33:05 PM (02:35:49) Discussion Cr. Pomeroy stated that Bozeman loves dogs,and she will support the motion. Cr. Krauss commented he loves wildlife too,so he likes idea of areas where dogs do not harass wildlife. DM Mehl will support the motion and hopes this will be watched closely. Mayor Andrus will support the motion and suggests our animal control officer be out there when the park opens to help educate the public.She suggested adding"Story Mill Community Park and Nature Sanctuary"on the monument signs and work with our partners to get the wording correct. 08:35:56 PM (02:38:40) Vote on the Motion to provisionally adopt Ordinance 2022,revising Bozeman Municipal Code Chapter 8,Article 2,Section 080.,Animal Restraint and Confinement, to add the Story Mill Park nature sanctuary to the list of dog free areas and to add the fenced and enclosed areas of Story Mill Park and Bozeman Pond to the list of restraint free areas. The motion passed 4-0. Commissioner- I-Ho Pomeroy: 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:Abstain The order of Action Items 6.And 7. was changed. 6. 08:36:11 PM (02:38:55) Appointment to the Downtown Area Urban Renewal District Board (DURB) (Sweeney) c� Page 10 of 12 Bozeman City Commission Meeting Minutes,July 1,2019 08:36:16 PM (02:39:00) Public Comment There was no public comment. 08:36:26 PM (02:39:10)Motion to appoint Nick Zelver to the Downtown Area Urban Renewal District Board, to a voting position, with a term ending June 30,2020. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd 08:36:43 PM (02:39:27) Vote on the Motion to appoint Nick Zelver to the Downtown Area Urban Renewal District Board, to a voting position, with a term ending June 30,2020. The motion passed 5-0. Commissioner-Jeff Krauss: 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 7. 08:37:01 PM (02:39:45)Appointment(s)to the Bozeman Downtown Business Improvement District Board (BDBID) (Sweeney) ° C= 08:37:06 PM (02:39:50) Public Comment There was no public comment. 08:37:14 PM (02:39:58)Motion to appoint Eric Sutherland and Erik Nelson to the Bozeman Downtown Business Improvement District Board to terms ending June 30,2023. Commissioner-Jeff Krauss: Motion Deputy Mayor-Chris Mehl: 2nd 08:37:39 PM (02:40:23) Vote on the Motion to appoint Eric Sutherland and Erik Nelson to the Bozeman Downtown Business Improvement District Board to terms ending June 30,2023. The motion passed 5- 0. K. 08:37:51 PM (02:40:35) FYI/Discussion There was no further FYI. L. 08:38:04 PM (02:40:48)Adjournment Mayor Andrus adjourned the meeting at 8:38 PM, Page 11 of 12 Bozeman City Commission Meeting Minutes,July 1,2019 C7�,Wnt�hli Andrus Mayor ATTEST: rJ Robin Crough �'•. �:+�8a3 �: City Clerk 711Y PREPARED BY: Brenda Sweeney Deputy City Clerk Approved on: &AG&2t S , I!n Page 12 of 12