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HomeMy WebLinkAbout10-21-20 BID Minutes Downtown Business Improvement District Board Meeting Minutes October 21, 2020 Attending: Eric Bowman, Ileana Indreland, Erik Nelson, Susan Neubauer, Emily Cope, I-Ho Pomeroy Absent: Jolee Barry, Mike Basile, Eric Sutherland General Public Comments: None Minutes ACTION: Eric Bowman moved to approve the June Meeting minutes as presented. Ileana Indreland seconded the motion. All voted in favor. Finance Report Emily presented the October finance report and highlighted that $1,241.36 was paid back to the City of Bozeman for an assessment overcharge to five properties from FY2020. District Manager’s Report Downtown BID Board Appointments Appointments to the BID Board are the on the October 27, 2020 City Commission agenda. As of 10/13/20, the only applications were from the two expiring members, Mike Basile and Susan Neubauer. BID Assessment Rate The rate for FY21 is $0.025872 per taxable dollar value. Downtown Plan Projects Here are some updates regarding other projects proposed in the 2019 Downtown Plan. Bozeman Creek—the Downtown Partnership is working with Mountain Time Arts to identify opportunities to enhance and improve Bozeman Creek. Their initial work was completed by Intrinsik and partially funded with a Downtown URD Technical Assistance Grant. MTA has created a project website that will be updated as more work is completed: https://mountaintimearts.org/see-bozeman-creek MTA is coordinating three working groups which include Landscape & Water Resources, Art & Placemaking, and Communications & Funding. Soroptomist Park—the Downtown Partnership is working with the MSU CATS program to have a fall semester senior-level landscape design class and a stream restoration ecology class work on improvement concepts for Soroptomist Park. The DBP will be coordinating with professional mentors to add value and expertise to the student’s work. Alley Improvements—The Downtown Partnership is working with DHM Design to develop a final preferred concept design plan for the alley next to the Bridger Park Garage between North Tracy and North Black. DHM and DBP staff have and are still in the process of gathering feedback from property and business owners as well as the City of Bozeman and Northwestern Energy. The final concept plan is scheduled to be presented in November. Transportation & Mobility Analysis—The URD board approved the scope of work with Sanderson Stewart at their June board meeting. The SOW will provide analysis and recommendations associated with the transportation-related improvements in the 2019 DBIP. The Sanderson Stewart team is working on Part One deliverables which should be completed in November. Structured Parking Planning— major impediments have been discovered with the two preferred sites for a second garage. Therefore, DBP staff is looking at other sites and reconsidering different types of structured parking. The consulting team is going to look the options to install simple decks above existing surface lots as a simpler more affordable way to create more spaces. Two financial garage analyses are also being prepared: 1) Sources, Uses, Debt Service scenarios; and 2) Short- and Long-Term Operations and Maintenance projections. Downtown Plan UDC Recommendations—As detailed in Chris’ to all three downtown boards on 9-14-20… Last year the City Community Development Department decided to consider UDC revisions twice each year (one slate April and another in October). City staff designate which specific UDC edits will be considered in each slate. The staff tries to group related revisions together into themes or topics. They slated building heights as a topic to be considered in October 2020, but that has been delayed by COVID until December 2020. There are a variety of building height code revisions to be discussed and considered ranging from floor-to-ceiling heights to overall building heights in different zoning designations. More details can be found on the City of Bozeman UDC Community Platform here: https://www.bozeman.net/government/planning/udc-discussions/maximum-building-heights These discussions will include the recommendations about building heights in the 2019 Downtown Plan. The URD and BID boards will have downtown building heights as discussion topics on their October and November meeting agendas. Maintenance Program Update Currently we have one part-time general maintenance employee (Mike), one weekend general maintenance employee and one part-time garage maintenance employee (Trish). Flower baskets came down on October 7th. Below are the maintenance statistics comparing the year-to-date figures from this year (FY21) to the corresponding stats from last year (FY20). FY2020 Y-T-D FY2021 Y-T-D Total Avg/mnth Total Avg/mnth Difference Trash Emptied 968 323 1198 399 +230 Recycling Emptied 224 75 275 92 +51 Graffiti Removed 96 32 262 87 +166 Building Projects Osborne Building (233 East Main) 4-story mixed use building with 2 floors of restaurant use and 2 floors of offices. Construction began October 2018. See https://www.theosbornebozeman.com/ “OSM” Building 5 story mixed use building proposed on southwest corner of Babcock and Wallace—construction began Spring 2019. One 11 Lofts (corner of North Willson and West Lamme) 50-unit apartment building with 53 parking spaces. Construction began spring 2019. Merin Condos (on North Bozeman across from Dave’s Sushi) 28 units of owner-occupied housing. Under construction. Village Downtown 30 new residential condo units and 9 single-family lots are under review by the City. Veranda Apartments (111 South Church) proposed new construction of 6 units. AC Hotel (5 East Mendenhall) 6 story 140 room full-service hotel. Site Plan approved in November 2019. Under construction. East End Flats (240 East Mendenhall) 6-story mixed use project. Development review completed and final site plan approved. Strata Building (106 East Babcock)—former BSW Bank—3 floor (46,000 SF) office building. Construction projected to be complete 4th quarter 2020. Carin Townhomes (northwest corner of W Beall & N Grand)—5 townhome condos currently under construction. New Businesses • Tanoshii—113 East Main—formerly Corx—renovations underway • Bozeman Running Co—132 East Main—formerly Dari Rasa – Open • Smoke, Fire & Coal—303 East Main—formerly Fire Pizza—renovations underway • Fabers Bakery & Deli—33 South Willson—formerly Delicious Bakery—renovations underway • Ghost Town Coffee—110 East Olive—In Black Olive apartment building—Open • TBD—27 East Main—formerly Crossroads—to be redeveloped as a restaurant(s) • TBD—424 E Main-- formerly Sage Spa • TBD—441 East Main—formerly Coqui Coffee • TBD—137 East Babcock—formerly Gallatin Laundry • TBD—424 East Main—Yellowstone Wild Gallery is going out of business • TBD—544 East Main—formerly Heeb’s – building improvements underway • TBD—19 South Willson—formerly Barley & Vine • TBD—411 East Main—Formerly Knife Bistro • TBD—126 East Main—Formerly Bozeman Running Co Planning Updates In this section, I will provide update about several ongoing City planning processes. Community Plan (City Growth Policy) Update The Planning Board has completed their draft of the Plan and is advancing it to the City Commission. The draft Plan, appendices, and future land use map can be downloaded here: https://www.bozeman.net/city-projects/bozeman-community-plan-update Remaining Process Schedule: • October 20th—Second City Commission public hearing with direction of amendments • October 28th to November 12th—Revisions to text and map as needed to implement City Commission’s direction • November 24–Final City Commission hearing and resolution of adoption for final action Bozeman Climate Plan The City is updating and expanding upon the 2008 Municipal Climate Action Plan and 2011 Community Climate Action Plan. I am serving on the 2020 Climate Team which functions as the steering committee coordinating with City staff and the consultants. City Commission work session reviewed the draft plan on September 22, 2020, the City Commission’s adoption hearing is on December 8, 2020. Here is the link to the Draft Climate Plan: https://bzncloud.bozeman.net/s/tfKoBH8ATaNsRk5#pdfviewer Emily also provided an update of the working group organized to address homelessness concerns in the downtown area. Members of the group currently are made up of Emily Cope, Chris Naumann, Susan Gregory (Bozeman Public Library), Susan Neubauer (Fresco Café owner), Amy Kirkland (Altitude Gallery owner), Erica Brubaker (Wild Joes Coffee owner), Marek Ziegler (Bozeman PD), and Heather Grenier (HRDC). The group met once at the end of September for an initial discussion on topics to address and appropriate next steps. The group will be meeting again in the next couple of weeks. Discussion and Decision Items BID Bylaw Review Emily presented a draft of bylaw revisions to the board with suggested edits (draft copy attached below). This item will be on the next board meeting’s agenda as an action item. CPTED Funding Request Emily presented the funding request for costs associated with attending the Crime Prevention Through Environmental Design course in Billings in December. The funding request totaled to $1,275.00 which include course fee, hotel, mileage reimbursement and food. Emily mentioned this course will be beneficial to attend to develop new skills to expand the clean and safe programs offered by the BID. ACTION: Erik Nelson moved to approve the funding request for the CPTED course and associated travel costs. Susan Neubauer seconded the motion. All voted in favor. Downtown Plan Building Heights Discussion Emily presented the Downtown Building Height Overview document (attached below). The Community Development Department will consider UDC revisions for building height code this December. The UDC discussions will include the recommendations from the 2019 Downtown Bozeman Improvement Plan which states that buildings downtown outside of the historic core should have an allowance of seven stories rather than 70 feet which typically results in five story buildings. She summarized that the current height allowance in the downtown core (Main Street from Grand to Rouse) is 55 feet and the rest of the B-3 zone is 70 feet. The UDC currently allows buildings over 70 feet in two other zoning districts (80 feet is UMU and 85.8 in B2). Erik Nelson commented that he believes the important number to narrow in on is feet rather than number of stories and that it is a matter of scale. Public Comment: Ashley Ogle stated she believes that the building heights should begin to taper back north or south of Mendenhall or Babcock to be sensitive to the surrounding neighborhoods. She also mentioned that if an increase in building height allowance and development is being discussed, then there should be similar conversations of parking code requirements to align with the correlation. Ileana Indreland commented that there will be more stress on current parking with more development. Eric Bowman agreed that discussions of parking code requirements should take place during this time that building heights are being discussed. Erik Nelson and Susan Neubauer commented they are not as concerned about addressing the current parking code requirements since there is already a parking requirement code in place and those requirements will still need to be met no matter the size of the building. The board agreed they would like more background knowledge of how seven stories became the recommendation in the 2019 DBIP. Emily stated she will gather further background information to share. This conversation will be continued at the November BID board meeting. Meeting was adjourned at 1:00 pm Downtown Bozeman Business Improvement District BYLAWS Amended and Adopted by a unanimous vote of the Downtown BID Board on September 19, 2007 Amended and Adopted by a unanimous vote of the Downtown BID Board on March 10, 2010 Amended and Adopted by a unanimous vote of the Downtown BID Board on March 19, 2014 ARTICLE 1 APPLICABILITY A. These rules shall govern the conduct of all City of Bozeman boards, commissions, agencies, and committees (hereinafter “boards”) where a majority of members are appointed by the City Commission and shall supplement other governing rules of the board. B. These rules are supplementary to the provision of Title 7, Chapter. 1, Part 41, MCA, Title 7, Chapter. 5, Parts 41 and 42, MCA, and Title 2, Chapters. 2 and 3, MCA as they relate to procedures for conducting meets and public hearings before City boards. ARTICLE II CREATION The Downtown Bozeman Business Improvement District, hereinafter referred to as the “BID”, was created May 1, 2000 by Bozeman City Commission Resolution No. 3361 and City of Bozeman Ordinance No. 1517 as passed, adopted and approved by the City Commission on May, 15 2000. The BID was created June 21, 2010 by Bozeman City Commission Resolution No. 4263 and City of Bozeman Ordinance No. 1790 as passed, adopted and approved by the City Commission on July 12, 2010. The BID was created on July 6, 2020 by Bozeman City Commission Resolution No.5140 and City of Bozeman Ordinance No. 2040 as passed, adopted and approved by the City Commission on August 11, 2020. ARTICLE III OBJECTIVES The BID will serve a public use, and promote the health, safety, prosperity, security and general welfare of the downtown district. The purpose of the BID is to improve the retail marketing in the district, promote the private investment and business expansion of the district, the general management of the district, and other such functions as are authorized by, and necessary to carry out the purposes of Section 7-12-1102 Montana Code Annotated. ARTICLE IV MISSION STATEMENT The BID is an organization of downtown property owners who through thoughtful, pro-active collaboration and partnership with local government, business owners, residents and citizens strive to create a shared vision and voice for the community of downtown Bozeman. The BID will commit resources, identify, plan and act on short-term and long-term initiatives otherwise unavailable to individual owners. The BID has a goal of ensuring the long-term preservation and vitality of the city’s underlying economic, cultural, social and environmental assets and the BID will work together to keep our downtown a safe, beautiful and vibrant place [as adopted by the BID Board in November 2007]. ARTICLE V MEMBERSHIP A. Appointment Terms Pursuant to MCA 7-12-1121, the Board shall consist of not less than five (5) or more than seven (7) members to be appointed by the City Commission. Members of this Board shall serve four (4) year staggered terms. Initially, one (1) member shall be appointed for one (1) year terms, two (2) members appointed for two (2) year terms, two (2) members appointed for three (3) year terms, and the remaining two (2) members appointed for four (4) year terms. Upon expiration of the terms of office for the first appointees, and from that time hence, all terms shall consist of four (4) years. Each member may be reappointed without any limitation on the number of reappointments. Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining. B. Qualifications Applicants for the Board shall be owners of property within the district. Pursuant to MCA 7-12-1103, “owner” is defined as: (1) a person whom appears in the legal title to real property by deed duly recorded in the county records; or (2) a person in possession of real property under claim of ownership for himself; or (3) as the personal representative, agent, or guardian of the owner. Preference to applicants shall be given based on the order stated above. All appointments to the BID shall be made by the city commission. . C. Resignations Resignation from the Board shall be submitted in writing to the Chair, who will then notify the City Commission. The City Commission shall fill vacancies occurring on the Board within sixty (60) days. Such appointments shall be for the unexpired portion of the term. Attendance at Meetings and Removal by City Commission All board members are expected to contribute the time necessary to fulfill their fiduciary obligations to the board. All board members are required if they are to be absent from a meeting to contact the presiding officer and the staff liaison prior to the meeting. If prior contact is made, the absence will be determined excused. If the board member fails to contact the presiding officer or staff liaison prior to the meeting, the absence will be considered unexcused. The City Commission will be notified by the staff liaison of any board member with three or more unexcused absences in any calendar year. The board, via motion and vote, may forward to the City Commission the name of any board member having three or more excused absences, or a combination of excused and unexcused absences. As provided by law, the City Commission may remove a board member for excessive absences. A board members term may be extended for up to 30 days after term expiration on a case by case basis by the Deputy City Clerk if the board member has reapplied for a subsequent term but the application process has not yet been heard by the City Commission. ARTICLE VI POWERS OF THE BOARD Pursuant to MCA 7-12-1131, the Board in administering the district has all powers necessary to carry out the functions of the district contained in the ordinance creating it, including the power to: 1. Sue and be sued, enter into contracts, and hire and terminate personnel needed for its purposes; 2. Provide special police, maintenance, or cleaning personnel for the protection and enjoyment of the general public using the business district; 3. Landscape and beautify public areas and to maintain those areas; 4. Contract with the governing body to maintain, operate, or repair public parking facilities; 5. Contract with the governing body to maintain streets, alleys, malls, bridges, ramps, tunnels, landscaping, and other public facilities as mutually agreed upon; 6. Promote private investment and business expansion in the district; 7. Provide for the management and administration of the affairs of the district; 8. Promote business activity by advertising, decorating, marketing, and promoting and managing events and other actions designed for the general promotion of business activities in the district; and 9. Perform such other functions as are necessary to carry out the purposes of this part and to further the objectives of the district. ARTICLE VII OFFICE OF AGENCY AND STAFF SUPPORT The Board shall maintain its offices as part of the Downtown Bozeman Partnership (DBP) office. The District Manager of the DBP will be responsible for: 1) assisting the Board in the scheduling of meetings, distribution of agendas and meeting minutes; 2) providing notification of Board activities to interested parties; and 3) submitting financial reports at each meeting. The District Manager shall initiate, manage, and complete the programs and projects of the BID as directed by the Board. The District Manager shall also serve as the Board’s liaison between City staff, the City Manager, the Parking Commission, and the City Commission. ARTICLE VIII OFFICERS AND THEIR DUTIES Chairperson and Vice Chairperson – Powers and Duties During the first meeting of the board each year the board shall appoint by majority vote, a chairperson and a vice chairperson. If appropriate, they shall also appoint a board secretary. The recording secretary may be a staff liaison. The chairperson shall be the presiding officer of the board. During the absence of the chairperson, the vice chairperson shall discharge the duties and exercise the powers and authority of the chairperson. The presiding officer shall preserve strict order and decorum at all meetings and confine members in debates to the question under consideration. The presiding officer may move or second any item of business then before the board. The presiding officer shall state, or cause to be stated, every motion coming before the board, announce the decision of the board on all subjects, and decide all questions of order, subject, however to an appeal to the board, in which event a majority vote of the board members present shall govern and conclusively determine such question of order. The presiding officer shall vote on all questions. ARTICLE IX MEETINGS Parliamentary Authority Unless otherwise specifically provided herein or by ordinance or statute, all meetings and hearings of the BID Board shall be conducted in accordance with these rules. In all cases not covered by these rules, the controlling parliamentary authority shall be the latest edition of Robert's Rules of Order, Newly Revised. Meeting Agendas A. The chairperson, District Manager, or another designated board member shall arrange a list of matters to be brought before the board according to the order of business specified herein, and furnish each member and the public through the city’s website with a copy of the agenda and all supporting information no later than 48 hours immediately preceding the meeting for which that item has been scheduled. All material to be presented to the board for consideration with an agenda item shall be made available to the public within the above time frame. Copies of the agenda shall be available from the City Clerk and one copy shall be posted at the designated posting board in the City Hall for public viewing and made available on the City’s website. Pursuant to Section 7-1-4135, MCA, the BID Board designates as the official posting place for all boards the posting board in the lobby of City Hall located at 121 North Rouse, Bozeman, Montana. B. The District Manager or chairperson shall prepare the meeting agenda and may consult with other board members in preparing the agenda. The chair person or a majority of board members may add to or remove an item from the agenda. The agenda shall be in substantially the following form: i. Executive Session (if required) (only necessary if an executive session is being held). ii. Disclosure of Ex Parte Communication such as comments or information received. iii. Changes to the Agenda. iv. Public Service Announcement (if scheduled). v. Approval of Minutes (if required). vi. Consent items (consent items are those which the staff liaison or chairperson considers that no discussion will be necessary. However, at the beginning of each meeting, any board member may request item(s) be removed from the consent agenda for the purpose of discussion) (if necessary). vii. Public comment on non agenda items (always required). viii. Special Presentations (if required). ix. Action items. x. FYI/Discussion 1. xi. Adjournment. Order of the above may be adjusted by the presiding officer. Meetings All meetings of the board shall be open to the public unless authorized by law. Prior to closing any meeting of the board the chairperson or staff liaison shall consult with the city attorney. A. General/Regular Meetings: Boards shall hold a regular meeting once a month or no less than quarterly as directed in their establishing documents. Any meeting of the board may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular or specially scheduled meeting. The presiding officer, staff liaison or majority of the board may cancel a regular meeting if no business is scheduled for that meeting. B. Public Hearings: Public Hearings are meetings required of some citizen advisory boards to be held as a public hearing pursuant to law. The provisions of subsection A of this section apply to Public Hearings. Unless prohibited by law, a public hearing may be rescheduled or adjourned to a later date and time. C. Executive Sessions: 1 No action may be taken on items brought up during this section which are not on the agenda. Discussion must be limited to informational items only or to discuss placing an item on a future agenda; for more substantive or detailed discussion on an item it must be scheduled for an upcoming agenda. Executive Sessions are meetings of the board with the purpose to discuss litigation strategy, a matter of individual privacy, or other matters wherein a meeting may be closed pursuant to law and will be scheduled as needed. Although each Executive Session will commence as an open public meeting, Executive Sessions may be closed to the public pursuant to authority and limitations in Title 2, Chapter. 3, Part 2, MCA. An Executive Session may be called at any time during any meeting if authorized by law. D. Special Meetings: The presiding officer, a majority of the board or the staff liaison may call special meetings of the board, upon at least forty eight (48) hours notice to each member personally served on each member through email or left at the member’s usual place of residence and also notice to the public by, at a minimum, posting the agenda on the City’s website and posting board. Order of Presentation and Public Participation A. The order of presentation in which items are presented to the board shall generally be as follows: i. The staff liaison shall present the agenda item to the board, if appropriate. ii. If applicable, the staff liaison may present a background report on the matter for discussion. Upon conclusion of a staff presentation, board members may ask questions of staff for the purposes of understanding and clarification. If the agenda item is a public hearing, the presiding officer will open the public hearing prior to staff presentation. iii. If applicable, comments from the applicant, or the applicant’s agent, shall be heard. The applicant’s presentation/testimony is limited, subject to the discretion of the presiding officer, to ten (10) minutes. iv. After being recognized by the presiding officer, a board member may direct questions to the staff or applicant. v. Members of the audience or their agent may be invited to present testimony or evidence. To be recognized, each person desiring to give testimony or evidence shall step forward and, after being recognized, give their name and address for the record. The presiding officer may establish a timeframe for each public comment but in no case shall such timeframe be less than three (3) minutes per speaker. The presiding officer may lengthen or shorten the time allotted for public testimony. vi. After being recognized by the presiding officer, a board member may direct questions to any person so testifying for purposes of clarification. vii. Following public comment, the staff liaison shall be given the opportunity to comment on any testimony or other evidence. viii. Following staff comment and if a public hearing, the applicant will be given the opportunity to rebut or comment on any testimony or other evidence. The applicant’s comments and rebuttal is limited, subject to the discretion of the presiding officer, to five (5) minutes. ix. If a public hearing, following applicant rebuttal and any further questions, the presiding officer will close the hearing and bring the agenda item forward for discussion, motion and vote. x. If a public hearing, after being recognized by the presiding officer, a board member may direct questions limited to the rebuttal testimony and evidence. xi. The board secretary shall enter into the record all correspondence that has been received but was not yet provided. xii. Unless required to act by a certain date pursuant to law, the board may continue the discussion to a date certain, close discussion and vote on the matter, or close the discussion and continue the vote to a date certain. B. All testimony and evidence shall be directed to the presiding officer. No person, other than a board member and the person recognized as having the floor shall be permitted to enter into the discussion. No questions shall be asked of a board member except through the presiding officer. C. The board may ask the staff liaison for its recommendation. D. If a public hearing, in the event the applicant does not appear at the scheduled time and place, unless the applicant has waived his or her appearance in writing, and which waiver has been accepted, or unless the matter is submitted as a consent item, the matter shall be continued to the next available regular meeting, public hearing date, or other date certain. E. All testimony and evidence shall be directed to the presiding officer. No person, other than a board member and the person recognized as having the floor shall be permitted to enter into the discussion. No questions shall be asked of a board member except through the presiding officer. F. For all public hearings involving land use and annexation decisions, the board will wait a minimum of one week before making a decision whenever requested by a member unless a decision is required due to a statute, ordinance or other law. G. Board members are urged to state the reasons for their decisions, particularly on land use issues; the record must reflect findings regarding legal criteria for all quasi-judicial decisions. H. Witnesses may be required to testify under oath. I. The board shall not be bound by the strict rules of evidence and may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence. J. The presiding officer shall rule on all questions relating to the admissibility of evidence with advice from the City Attorney, which ruling may be overruled by a majority vote of the board. K. A public hearing which has been formally closed for all public input may not be reopened and no additional evidence or testimony from the public shall be received or considered except as provided herein. If additional information is required from the public before a decision can be made, the board upon motion duly made, seconded and passed, may call for an additional public hearing which hearing shall be noticed as required by law, specifying date, time place and subject matter of hearing. This paragraph does not preclude the board, after the public hearing, from asking questions of staff, receiving additional evidence from staff or, after a hearing held on a preliminary plat, pursuant to Title 76, Chapter. 3, from consulting the subdivider about conditions or other mitigation required of the subdivider. Upon decision by the presiding officer or upon a duly adopted motion of the board to reopen the public hearing prior to close of the agenda item in which the hearing was held, the requirement to provide public notice does not apply; the public hearing may be reopened and the additional input provided prior to a final decision on the item. Quorum and Voting Unless otherwise provided by law, a quorum shall consist of a majority of existing appointed board members. If a quorum is not present, those in attendance shall be named and the board shall adjourn to a later time. The District Manager shall reduce motions to writing and, upon request shall read a motion prior to the vote. Upon every vote, the outcome shall be stated and recorded. A board member has an obligation to vote unless there is a conflict of interest. Email, telephonic, or proxy voting shall be prohibited. Rules of Debate, Reconsideration and Conflict of Interest A. Every board member desiring to speak shall address the presiding officer and upon recognition by the presiding officer, shall confine discussion to the question under debate, avoiding all personalities and indecorous language. B. A board member, once recognized, shall not be interrupted when speaking unless the member is to be called to order, or as herein otherwise provided. If a board member, while speaking is called to order, they shall cease speaking until the question of order be determined, and, if in order shall be permitted to proceed. C. Order of rotation in matters of debate or discussion shall be at the discretion of the presiding officer. D. A motion to reconsider any action taken by the board must be made on the day such action was taken. It must be made either immediately during the same session, or at a recessed and reconvened session thereof. Such motion shall be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a board member has the floor. It shall be debatable. Nothing herein shall be construed to prevent any board member from making or remaking the same or any other motion at a subsequent meeting of the board, but the matter must be duly scheduled as an agenda item. E. Pursuant to the City’s Code of Ethics, a board member may seek the advice of the City Attorney as to whether the member has a conflict of interest pursuant to law. If the board member is advised there is a conflict of interest, the member shall recuse himself/herself, step away from the meeting table, and refrain from discussion and vote on the matter. F. After a motion, duly made and seconded, by the board, no person shall address the board without first securing the permission of the presiding officer. Open Meetings and Email A. Except for properly-called executive sessions as permitted by state law, all meetings of the board shall be open to the public and media, freely subject to recording by radio, television and photography at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings. B. A majority of the board shall not conduct synchronized email discussions involving a matter over which the board has supervision, control, jurisdiction, or advisory power. Synchronized email discussions are email exchanges among a majority of board members within minutes of each other that create the quality of simultaneity similar to instant messaging or chat room discussions. Such discussions are characterized as an active exchange of information rather than the passive receipt of information. An example of synchronized email discussion would be a majority of board members sitting at their computers and instantly exchanging emails concerning board business, whereas a passive receipt of information is where a board member receives an email and responds in the normal course of time similar to responding by letter received in the mail. The board shall not view emails or other electronic communication mechanisms concerning any matter on the agenda during a board meeting unless the submission is part of a specifically approved and adopted electronic public testimony program. Electronic communication mechanisms include text messaging or any other emerging technology that violates the spirit of open meeting laws. This does not preclude viewing emails or electronic communication mechanisms that were received prior to the board meeting. Emails received by board members concerning an agenda item shall be forwarded to the staff liaison or board secretary and retained in accordance with the City’s retention policy. Decorum A. While the board is in a session, board members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the board nor disturb any member while speaking or refuse to obey the orders of the board or its presiding officer. B. Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the board may be denied further audience with the board by the presiding officer, unless permission to continue is granted by a majority vote of the board. C. The board shall not debate, in a heated or argumentative manner, with a member of the public presenting testimony during a meeting. D. Speakers shall only address the agenda item before the board. Any person speaking on an agenda item not before the bard may be called out of order. Recording of Meetings and Minutes A. The District Manager shall prepare a summary of all meetings to be known as the “Minutes” and to be approved by the board. It shall not be necessary to formally read out loud the Minutes prior to approval. Such Minutes may be revised by the District Manager to correct spelling, numbering, and other technical defects. Prior to approval, any board member may request the privilege of amending or correcting the Minutes to accurately reflect the substance of the prior meeting. If objection is made by any board member to such amendment or correction, a majority vote of the board shall be necessary for adoption of the correction or amendment. The minutes shall be forwarded to the City Clerk’s office for posting within three months of the meeting. B. Executive Session Minutes. Executive session minutes shall be taken and prepared by the board secretary. The board shall approve the minutes of an executive session in open meeting; provided, however that any discussion concerning the contents of the minutes, prior to approval, shall be conducted in executive session. The staff liaison or board secretary will distribute the draft executive session minutes to the members in a manner that ensures and retains confidentiality. The board shall follow the provision 2.02.130, BMC related to dissemination of executive session minutes. C. Televising, broadcasting or audio recording of meetings: At the discretion of the board and City Clerk’s office, meetings may be televised, broadcast or an audio recording made. If recorded, audio recordings shall be made available to the public unless required to be kept confidential by law. ARTICLE X OPERATING POLICY Property Owner Communications All property owners in the BID district shall be notified when there is a board vacancy. All property owners will be afforded the opportunity to apply for any vacant board positions or nominate potential board applicants. All property owners in the BID district shall be provided the drafts of the annual budget and work plan including notification of scheduled City Commission public hearing. All property owners in the BID district shall be provided the annual report. Notifications, drafts and reports will be made available on the BID website (www.downtownbozeman.org/bid). Unless otherwise required by law, property owner communications will be done using e-mail. Discrimination Prohibited The Board shall adhere to all applicable non-discrimination provisions adopted by the City of Bozeman. These include but may not be limited to the following: Resolution No. 4243-Policy Not to Discriminate in Employment and Benefits on the Basis of Sexual Orientation and/or Gender Identity. A resolution of the City Commission of the City of Bozeman that the City will not discriminate in employment and benefits on the basis of sexual orientation and/or gender identity. Adopted on February 8, 2010 Resolution No. 4250—Adopting a Policy Prohibiting Discrimination in Contracts and Agreements. A resolution of the City Commission of the City of Bozeman, Montana, adopting a policy prohibiting the discrimination in the entering into and implementation of contracts and agreements of all kinds including bidding and certain purchases. Adopted on March 29, 2010. ARTICLE XI COMMITTEES Special committees may be appointed by the Chair for purposes and terms that the Board approves. ARTICLE XII REPORTS Pursuant to MCA 7-12-1132, the Board shall submit a work plan and budget for the ensuing fiscal year to the City Commission for approval. A public notice shall be submitted and a public hearing shall be held regarding the work plan, budget, and subsequent levy of an assessment. After the hearing, the City Commission may modify the work plan and budget as it considers necessary and appropriate. ARTICLE XIII AMENDMENTS Bylaw amendments may be introduced in writing by any member of the Board at a regular meeting. Action by a majority of the Board on the amendments may be taken on second reading at any future regular meeting. Board amendments to the bylaws must be approved by the city commission in accordance to Bozeman Municipal code 2.05.1970.A9. Bylaws shall not be amended in conflict with City of Bozeman policies or ordinances, and the City Commission shall be provided with information copies of bylaw amendments. ARTICLE XIV COMPLIANCE Compliance with the City Code of Ethics All board members are required to follow State ethics laws regarding appointed officials and the city of Bozeman Code of Ethics. New board members will receive the City of Bozeman ethics handbook and must sign a form acknowledging receipt of the handbook, take an oath they will uphold the state and city ethics codes. Board members are also required to take an initial ethics training within two months after appointment. Each year board members are required to attend city sponsored ethics. Non-compliance with the City Code of Ethics and training requirements may result in removal of a board member. See the City Code of Ethics for more details. Compliance with the City Purchasing Policy All boards are subject to the City purchasing policy (Administrative Order 2013-06), as revised, unless specified by law. City staff liaisons shall handle financial transactions unless specific arrangements have been made in writing through the City controller. Compliance with State Records Retention Policy All City boards are subject to the State of Montana records retention policy. A. The City Clerk will handle retention of all agendas, minutes and board resolutions once they have been forwarded to the clerk’s office. E-mails, websites and social networking sites are subject to adopted records retention schedules. For social media and websites please refer to the current Information Technology Social Media Use Policy for further guidelines. TO: BID Board FR: Emily Cope RE: CPTED Course Funding Request Meeting Date: October 21, 2020 Recommended Motion: I move to approve $1,275.00 of funding to cover the costs for the DBP District Manager to attend the Crime Prevention Through Environmental Design (CPTED) course December 7-11, 2020 in Billings, MT. In September, the board approved the initial $265 registration fee over email to reserve the space before the registration deadline. The course registration fee of $265 has already been paid to hold the space in the class. The additional expenses would include hotel (estimated $150/night=$600 total), mileage reimbursement (estimated $160 total) and a food per diem estimated $50/day=$250 total). I would propose this expense be taken out of the BID reserves and not out of a line item in the current budget. This five day course being held in Billings in December for Crime Prevention Through Environmental Design training and exam. This course will be very beneficial for me to attend as the new BID manager to further develop my skills and expand our current clean and safe programs in Downtown Bozeman and provide knowledge/resources to consider other programs the BID may be able to offer. Description CPTED Professional Designation Qualifying Course Business and governments throughout the country are recognizing and implementing the benefits of CPTED in their planning and operations activities. Whether it's a business looking to improve security for employees and customers, or a school district working to create a safer environment for our kids, CPTED principles can be applied to any physical space to enhance safety. Participants will learn: • how the design and use of the environment can control human and criminal behavior and reduce the fear of crime • crime prevention through natural means • how natural access control and natural surveillance decrease the opportunity for crime • different aspects of lighting and effects on human behavior • how to evaluate an architectural site survey, utilizing the principles of CPTED to improve safety • how to complete a security survey for an existing property • the advantages of having a CPTED ordinance and how to construct and present it to lawmakers Thank you for considering this funding request. DOWNTOWN BUILDING HEIGHT OVERVIEW October 2020 BACKGROUND Last year the City Community Development Department decided to consider UDC revisions twice each year (April and October). City staff designate which specific UDC edits will be considered in each slate. The staff tries to group related revisions together into themes or topics. They slated building heights as a topic to be considered in October 2020, but that has been delayed by COVID until December 2020. There are a variety of building height code revisions to be discussed and considered ranging from floor-to- ceiling heights to overall building heights in different zoning designations. More details can be found on the City of Bozeman UDC Community Platform here: https://www.bozeman.net/government/planning/udc-discussions/maximum-building-heights These discussions will include the recommendations about building heights in the 2019 Downtown Plan. I have attached a document with excerpts from the Downtown Plan that address building heights. In essence the Plan states: Downtown’s height limits should be adjusted to enable buildings of seven stories outside of the historic core, rather than specifying 70 feet which more usually results in five-story buildings. For buildings with seven stories, urban design guidelines could be put in place to shape and break down the massing while still enabling the density needed for a vibrant, inclusive Downtown. For example, the floor plates on levels five through seven can be designed to step back from the building edge to break down the form. TIMELINE Here are some key dates of upcoming discussions about building heights: Tuesday, October 20th 12:00-1:30pm Location TBD Downtown URD Board Meeting Wednesday, October 21st 12:00-1:30pm Location TBD Downtown BID Board Meeting Tuesday, November 17th 12:00-1:30pm Location TBD Downtown URD Board Meeting Wednesday, November 18th 12:00-1:30pm Location TBD Downtown BID Board Meeting Tuesday, December 15th 6:00pm City Commission UDC Revision Work Session City staff will present the proposed UDC revisions for discussion (no action). The actual statutory ordinance process to formally edit the UDC would not happen until early 2021. 2019 DOWNTOWN BOZEMAN IMPROVEMENT PLAN Building Heights Excerpts Entire Plan available here: https://downtownbozeman.org/uploads/Pdfs/2019_DBIP_with_Appendix_FINAL_ADOPTED_4-15-19.pdf Guiding Principles: MORE THAN MAIN STREET • Reinforce Downtown as the city center, through new and existing buildings of urban density, considerable height and a diverse mix of uses. [DBIP p. 30] ALIGN HEIGHT WITH EXISTING ZONING AND COMMUNITY PLAN Currently, building heights Downtown are limited by the B-3 zoning district to a maximum of 55 feet in the “Core Area” (defined as Main Street and one half block north and south to the alleys from Grand Avenue to Rouse Avenue) and 70 feet in the rest of the B-3 zone. Recently codified transition language further limits the height of buildings on the edge of the B-3 District when they are adjacent to some residential zoning districts. The Downtown core area contains a mix of buildings that range from one-story storefronts to the seven-story Baxter Hotel and the nine story Armory Hotel. The diversity of building heights across the district adds interest and visual relief to the street, creating a rhythm of change and variation that is an important ingredient of dynamic downtown urban design. While height or density minimums are not regulated, in a downtown like Bozeman’s where affordability and vibrancy are values, it is also important to avoid underdevelopment. Appropriate scales of development are essential for future projects so that the community can meet its goals of sustainable infill, affordability, and a dynamic street life. Many Downtown buildings are designated as “storefront blocks” to promote retail and frequent entries that also add rhythm and walkability to a street. This comes with a requirement for a minimum height of 13 feet for the first floor, to add flexibility to all buildings in this zone to accommodate public uses like retail or lobbies. Improved diagram better illustrating current transition code requirements. [DBIP p. 114] The Community Plan update proposes that the Bozeman will have a diverse skyline with buildings that range from three- to seven-stories. Today’s Downtown height limit of 70 feet does not allow new buildings to reach seven stories due to the needed floor-to-floor heights for urban development, active ground floors, and contemporary building practices. Some buildings surpass this limit, like the historic Baxter or the new hotel and adaptive reuse project at the Armory which obtained a height deviation. Seven stories are already permitted by building conventions in other districts across the city when certain accommodations are made by the project. The 2009 DBIP decreed that Downtown should be home to buildings of the greatest height across the city. Bozeman has evolved since that aspiration, with many other districts carrying height and density as well. Still, to support a lively and vibrant Downtown for the long-term buildings in Downtown should continue to achieve comparable height to other mixed use districts across the community. To accomplish this, the Downtown height requirements should be considered in context of the Community Plan’s aspirations and zoning across the city. Downtown’s height limits should be adjusted to enable buildings of seven stories outside of the historic core, rather than specifying 70 feet which more usually results in five-story buildings. For buildings with seven stories, urban design guidelines could be put in place to shape and break down the massing while still enabling the density needed for a vibrant, inclusive Downtown. For example, the floor plates on levels five through seven can be designed to step back from the building edge to break down the form. A height increase to seven stories could also be an opportunity to address long-term affordability by incentivizing smaller units through height bonuses. Guidelines that are specific to the B-3 zone should build on ideas in Article 5, tailoring them to Downtown specific issues. [DBIP p. 115] Encourage a Mix of Scales SENSITIVE TRANSITIONS Downtown is in the unique position of needing to both continue to promote redevelopment and to ensure that there is a careful balance between adjacent residential scale neighborhoods and new Downtown projects. Density is an important element to these projects in order to foster desired traits like Downtown vibrancy and broader housing affordability. Still, there are concerns that future development will be too tall, bulky or close to residential single family homes. Babcock and Mendenhall Streets both have many surface lots and underutilized sites that are likely to be developed in the coming years. As the “outer core” of Downtown, this “halo” around Main Street is a logical - and important - place to locate buildings of greater height and mass, up to seven stories. It is walkable to transit connections and employment and away from single family housing. However, adjacent to the surrounding residential zones, buildings should begin to taper down and gradually adjust downward. This is the intent of the transition language today. Recent revisions to the UDC included the addition of standards requiring a more gradual transition between new buildings and existing residential properties. This transition language applies in places where B-3 zoning is immediately adjacent to residential zones. It includes provisions for new B-3 development that require a setback from the property line and a stepped back building form for upper stories, supporting the needs of both Downtown and nearby neighborhoods. Although the B-3 zone allows for development up to the lot line (zero lot line), new buildings within the transition zone are required to be set back five to ten feet (depending on the adjacent zone) and are limited to an initial 38 feet in building height from the property line adjacent to other zones. From there, the building form is held to a 45 degree step-back rule for zone edge development, up to the B-3 building height limit. Going forward this language will be tested on actual projects of varied size, each of which will have unique characteristics of site and design. [DBIP p. 116] From DBIP [p. 114] Note: this DBIP diagram was later incorporated into the City of Bozeman UDC to illustrate B3 transition requirements. From DBIP Code Appendix [p. 9] Discussion The current UDC maximum building height in the downtown B3 zoning district is 70 feet except in the ‘core area’ (Main Street between Rouse and Grand) which is limited to 55 feet. There are allowances for elevators towers and parapet features to extend a short distance above the height limits. As shown in the chart above, in certain situations buildings can exceed 85 feet in the UMU and B2 zoning districts. The 2019 Downtown Plans states: “The 2009 DBIP decreed that Downtown should be home to buildings of the greatest height across the city. Bozeman has evolved since that aspiration, with many other districts carrying height and density as well. Still, to support a lively and vibrant Downtown for the long-term buildings in Downtown should continue to achieve comparable height to other mixed use districts across the community.” As we begin to consider additional building height, one important distinction that needs to be consistently applied throughout the UDC is utilizing the term (and corresponding dimensions for) floor-to-floor heights. Currently there are some references to floor-to-floor heights and other references to floor-to- ceiling heights. Not only does this create confusion but it makes determining total building height a challenge if they are used interchangeably. Floor-to-floor heights is used exclusively or the following narrative and renderings to illustrate the potential building height revisions. In the Downtown B3 zone the UDC requires the ground floor requires to be 15 feet. Considering modern construction types, typical upper floors are approximately 12 feet. Using a 15-foot ground floor 12-foot upper floors would yield a total building height 87 feet. As a starting point, the proposed height increase outside the ‘core area’ would equate to an additional 17 feet of total building height; from 70 to 87 feet. Below is a chart showing the building height progression using this typical floor-to-floor height. FLOORS FLOOR HEIGHTS BUILDING HEIGHT 1 floor 15’ 15’ 2 floors 15’ + 12’ 27’ 3 floors 15’ + 12’ + 12’ 39’ 4 floors 15’ + 12’ + 12’ + 12’ 51’ 5 floors 15’ + 12’ + 12’ + 12’ +12’ 63’ 6 floors 15’ + 12’ + 12’ + 12’ +12’ + 12’ 75’ 7 floors 15’ + 12’ + 12’ + 12’ +12’ + 12’ + 12’ 87’ The Downtown Plan suggests requiring an upper floor step back of 10 feet above the fourth floor “to shape and break down the massing while still enabling the density needed for a vibrant, inclusive Downtown”. Jan Gehl, renowned urban planner, noted in his seminal book Cities for People that contact between buildings and people at street level is only possible from the lowest floors and quickly dissipates beyond 45 vertical feet. He said, “the challenge is to build splendid cities at eye height with tall buildings rising above the beautiful lower stories”. Building off the rendering in the Downtown Plan and now included in the UDC, the diagram above shows an example of a 7 floor building with a 15’ ground floor and 12’ upper floors. Current Downtown Building Heights The information below demonstrates that total building heights and the floor-to-floor heights within a given building vary. So, there is no ideal total building height and no exact floor-to-floor heights. For example, the US Bank building is 64’ and has 4 floors while newly constructed One11 apartment building is also 64’ but has 5 floors. There are five 5 floor buildings described below and their total building heights range from 60’ (Black Olive) to 72’ (Element). Building Floors Height Armory Hotel 8 91’ Baxter Hotel 7 81’ AC Hotel 6 72’ Element Hotel 5 72’ One11 Apartments 5 64’ US Bank 4 64’ Merin 5 63’ 5 West 5 61’ Black Olive 5 60’ Osborne 4 60’ Below are the same buildings with more details about their floor-to-floor heights and construction types to further demonstrate the amount of variability. Armory Hotel – 8 floors 91’ Approx. Total Height 12’-0” First Floor FTF 15’-0” Floors 2-3 10'-6" Floors 3-8 Construction: Steel Frame – steel pan poured concrete floors Baxter Hotel – 7 Floors 81’ Approx. Total Height to front parapet; 72’ sides; Sign 100’ AC Hotel – 6 Floors 72’ Approx. Total Height including parapet 16’ First floor FTF 10’-4” Floors 2-4 11’-0” Floors 5-6 10’-8” Floor 6 to roof structure Construction: 5 floors of wood over post tension concrete podium Element Hotel – 5 floors 72’ Approx. Total Height including stair towers 18’ First Floor FTF 10’-6” Floors 2-5 Construction: 4 floors of wood over post tension concrete podium US Bank – 4 Floors 64’ Approx. Total Height not including stair tower 12'-10" First Floor FTF (Mezz) 10'-3" Mezz-2 11'-0” Floors 2-4 10’-8” Floor 4-roof deck Construction: 4 floors steel framing and poured concrete ONE11 – 5 Floors 64’ Approx. Total Height 15’ First floor FTF 10’-8” Floors 2-5. Construction: 4 floors of wood over post tension concrete podium Merin – 5 Floors 63’ Approx. Total Height 15’ First floor FTF 10’-8” Floors 2-5. Construction: 4 floors of wood over post tension concrete podium 5 West – 5 floors 61’ Approx. Total Height (not including stair tower) 14’ 8” First Floor FTF 12’-6” Floors 2 & 3 (originally both office) 10’-6” Floor 4 & 5 Construction: 5 floors of post tension concrete slabs Black Olive – 5 Floors 60’ Approx. Total Height 15’-0” First floor FTF 10’-8” Floors 2-4 9’-2” Floor 5 Construction: 4 floors of wood over steel pan poured concrete podium Osborne Building – 4 Floors 60’ Approx. Total Height including parapet SoBo – 4 Floors (B-2M) 52’ Approx. Total Height including parapet 14’-6” First Floor Commercial 10’-6” 2-4, Construction: 4 floors of wood Cannery Flats - 4 Floors (B-2; PUD) 57' Approx. Total Height to peak 14'-2" First Floor FTF 11'-0” Floors 2-4 Construction: 4 floors of wood This information was compiled by Chris Naumann (Downtown Bozeman Partnership) with input from Rob Pertzborn (Intrinsik Architecture) and Susan Riggs (Groundprint Consulting).