HomeMy WebLinkAbout02-03-20 FINAL MINUTES City Commission Meeting of Bozeman, MontanaPage 1 of 12
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, February 03, 2020
Mayor - Chris Mehl: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Terry Cunningham: Present
Commissioner - Michael Wallner: Present
Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan,
Interim City Clerk (ICC) Mike Maas
A. 06:00:15 PM (00:14:23) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
B. 06:00:28 PM (00:14:37) Pledge of Allegiance and a Moment of Silence
C. 06:01:21 PM (00:15:30) Changes to the Agenda
D. 06:01:28 PM (00:15:37) FYI
• Cr. Cunningham stated that on February 18, Rob Davies from University of Utah will be speaking
about changing climate at Asbjornsen Hall on MSU campus as organized by the City’s sustainability
coordinator
• Mayor Mehl stated tomorrow evening the Planning Board will be meeting in the Commission
Room and will be reviewing the PCC/Triangle Plan. He also recommended Commissioners to
review their advisory boards and consider recruiting members of the public to apply to fill
vacancies.
E. 06:03:12 PM (00:17:21) Commission Disclosures
DM Andrus disclosed she had met with members of BSD7 School Board about the exemption
hearing and that she lives within a mile of the cohousing development but that there is no personal
bias associated with the project.
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Cr. Wallner disclosed that two members of his family are employed by BSD7 and that he will be
recusing himself.
Mayor Mehl disclosed that he met with BSD7 School Board members about the exemption hearing.
F. 06:05:13 PM (00:19:22) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approval of Depository Bonds and Pledged Securities as of December 31, 2019 (Clark)
3. Authorize the Interim City Manager to Sign a Professional Services Agreement with Arbitrage
Compliance Specialists, Inc for Arbitrage and Rebate Reporting Services for the Bozeman
Public Safety Center Bond (Donald)
4. Approve the Final Plat for the Boulder Creek Phase 3 Subdivision, Authorize the Director of
Public Works to Sign the Same, and Authorize the Director of Community Development to
Sign the Improvements Agreements on Behalf of the City of Bozeman, Application 19233
(Garber)
5. Resolution 5112, Accepting the Preferred Alternative in the Preliminary Engineering Report
and Affirming Adequate Resources to Construct and Maintain the Davis Lift Station and
Norton East Ranch Outfall Sewer Interceptor Project (Murray)
06:05:18 PM (00:19:27) City Manager Overview
ICM Taylor provided the highlights of the consent agenda.
06:05:31 PM (00:19:40) Public Comment on Consent
There was no public comment.
06:05:51 PM (00:20:00) Motion and Vote to approve Consent Items 1-5 as submitted. The motion
passed 5-0.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
G. 06:06:16 PM (00:20:24) Public Comment
Mayor Mehl opened public comments.
06:07:05 PM (00:21:13) Steve Kirchoff, Public Comment
Mr. Kirchoff commented that Ord. 2033 and the B-3+ management idea was a departure from the
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political norm of resident initiation. He commented that the Parking Commission appears to be
regulating neighborhoods, about fairness, and parking shortages.
06:12:08 PM (00:26:17) Allison Udall, Public Comment
Ms. Udall commenting on Ord. 2033, as a small business owner of a bed & breakfast in the management
area that the template should be created so that small businesses be taken into account.
H. 06:14:18 PM (00:28:27) Special Presentation
1. 06:14:19 PM (00:28:28) City/County Board of Health Regarding Tobacco-Free Parks
(Demorest)
06:14:50 PM (00:28:59) Presentation
Heath Promotion Specialist Heather Demorest from the City-County Health Department presented
information related to tobacco-free parks.
06:24:25 PM (00:38:34) Questions of Presenter
Cr. Cunningham asked about pilot program data and why not take the presentation to Gallatin County.
DM Andrus asked about signage in parks.
Cr. Wallner asked about enforcement in other communities.
Cr. Pomeroy asked about education efforts.
Mayor Mehl asked about letters of support for the proposal.
06:34:11 PM (00:48:20) Questions of Staff
Mayor Mehl asked about the pilot projects effectiveness.
2. 06:36:12 PM (00:50:21) Second Quarter Financial Report (Donald)
06:36:25 PM (00:50:34) Staff Presentation
Finance Director Kristin Donald presented the Second Quarter Financial Report, July 1, 2019 through
December 31, 2019.
06:41:24 PM (00:55:33) Questions of Staff
3. 06:45:28 PM (00:59:37) Process for External Agency Grant Requests (Donald)
06:45:40 PM (00:59:49) Staff Presentation
Director Donald presented the formalized funding request process from outside entities for budget
consideration.
06:48:41 PM (01:02:50) Questions of Staff
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I. 06:52:02 PM (01:06:11) Action Items
1. 06:52:30 PM (01:06:39) The Bozeman Cohousing Annexation and Zone Map Amendment to
Annex and Designate Approximately 5.3 Acres at 3120 Wagonwheel Road to R-3, Residential
Medium Density District, Application 19468 (Saunders)
06:52:35 PM (01:06:44) Staff Presentation
Community Development Planning Program Manager Chris Saunders presented the staff report for
Application 19468 for the annexation and zone map amendment located at 3120 Wagonwheel Road. He
presented an explanation of Zoning authorization by Montana Code and a comparison of the R-1 and R-
3 zoning designation in response to public comment.
07:08:39 PM (01:22:48) Questions of Staff
Cr. Pomeroy asked about the project’s effect on housing. She asked about the property’s status as a
surrounded inholding and the need of infrastructure improvements.
DM Andrus asked about zoning abutment of R-3 districts next to R-1. She asked about staff’s traffic
analysis. She asked about the riparian area within the property.
07:26:28 PM (01:40:37) Presentation of Applicant
Eric Bonnett, the architect retained by applicant, made the presentation. He highlighted Community
Housing Action planning as an attempt to achieve housing for the “missing middle” through increased
flexibility and cost effectiveness of design. He described the heterogeneous land use in the area and his
opinion on compatible diversity of housing types.
07:38:55 PM (01:53:04) Questions of Applicant
Cr. Pomeroy asked about the projects effect on housing shortages.
Cr. Wallner asked about the projects impact on wildlife habitat.
07:43:28 PM (01:57:37) Public Comment
Mayor Mehl opened public comments
07:43:43 PM (01:57:52) Patty Cowles, Public Comment
Patty Cowles commented that she has lived in the neighborhood for 38 years. She wants to remain in
the neighborhood after she has to leave her current larger home. She supports the application.
07:45:56 PM (02:00:05) Karen Kitchen, Public Comment
Ms. Kitchen commented on the previous lack of housing diversity in the neighborhood. She stated that
the City should have diversity of housing options within a neighborhood. She supports the application.
07:48:04 PM (02:02:13) Dorothy Descartes, Public Comment
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Ms. Decartes commented on her relationship with the previous property owner and her enthusiasm for
the proposed use. She stated the intentional use will foster greater community relationships. She
supports the application.
07:51:07 PM (02:05:16) Dwayne Morris, Public Comment
Mr. Morris commented that he lives in the protest area. He stated that R-3 zoning does not fit and feels
wrong.
07:51:56 PM (02:06:04) Suzanne Kellen, Public Comment
Ms. Kellen commented the she supports the application. She enjoys the walkability of Bozeman but has
struggled to find an option to purchase a home within walkable distance of work on campus. She is
looking for the missing middle housing and a sustainable lifestyle.
07:53:50 PM (02:07:59) Catherine Dayton, Public Comment
Ms. Dayton commented that she enjoys the cohousing group and became a member of the group after
attending an informational meeting. She appreciates the intentional design as a counterpoint to
increasing house sizes.
07:56:51 PM (02:11:00) Motion having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings presented in the staff report
for application 19468 and move to approve the Bozeman Cohousing Annexation with recommended
terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:57:33 PM (02:11:42) Discussion
Cr. Pomeroy agrees with staff recommendation and will support the application.
DM Andrus stated that the application meets seven of the goals, two found neutral, all 18 policies, and
want to be part of the City. She will support the motion.
Cr. Wallner disagrees with staff’s findings that it is a wholly surrounded inholding and believes traffic
will be a problem. He will not support annexation.
Cr. Cunningham stated he sees this application as a fine candidate for annexation. Will support
Mayor Mehl stated that the applicant meets the requirements and wants to be in the City. He will
support the motion.
08:02:50 PM (02:16:59) Vote on the Motion having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 19468 and move to approve the Bozeman Cohousing Annexation with
recommended terms of annexation, and direct staff to prepare an annexation agreement for signature
by the parties. The motion passed 4-1.
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Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Disapprove
08:03:07 PM (02:17:16) Motion having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings presented in the staff report
for application 19468 and move to approve the Bozeman Cohousing Zone Map Amendment, with
contingencies required to complete the application processing.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Cynthia Andrus: 2nd
08:03:46 PM (02:17:55) Discussion
Cr. Pomeroy agrees with designation of R-3 zoning for sustainability and diversity of housing reasons.
DM. Andrus stated that the application meets all but one of the criteria, it is an in-fill development that
is underutilized. She believes it will improve safety and facilitate the provision of City services. She will
support the zone map amendment.
Cr. Wallner disagrees that this application respects the context of the existing development that
surrounds it. He stated a comparison of Seattle and Minneapolis’ aggressive up-zoning and will not
support the motion.
Cr. Cunningham stated his appreciation of public commenters indicating how they want Bozeman to
grow, both in person and in writing. He encouraged the public to look at the Community Plan as it
guides Commission decisions. He stated that the Commission requires housing diversity in new
developments.
Mayor Mehl stated that he will support the motion. He reiterated that the Commission is only part way
through the process.
08:15:25 PM (02:29:34) Vote on the Motion having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 19468 and move to approve the Bozeman Cohousing Zone Map Amendment,
with contingencies required to complete the application processing. The motion passed 4-1.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
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Commissioner - Michael Wallner: Disapprove
08:15:40 PM (02:29:49) Recess
Mayor Mehl called the meeting into recess until 8:22 PM.
08:23:57 PM (02:38:06) Call to Order
Mayor Mehl called the meeting back to order.
2. 08:24:06 PM (02:38:15) Ordinance 2033, Provisional Adoption Establishing a Downtown
Parking Management District and Parking Benefit Zones (PBZ) and Authorizing the Bozeman
Parking Commission to Create, Modify, Dissolve, and Operate PBZs Within the Downtown
Parking Management District (Meece)
08:25:14 PM (02:39:23) Presentation of Staff
Economic Development Director Brit Fontenot, Urban Renewal Program Manager David Find, and
Parking Manager Ed Meece presented the Bozeman Parking Commission’s proposal to develop a
framework for Parking Benefit Zones to share on-street parking between stakeholders. He clarified that
tonight’s action was to provide the option to create future Benefit Zones, not to create a specific zone.
08:36:02 PM (02:50:10) Questions of Staff
DM Andrus asked if the City had any PBZs and what zones the City currently has. She asked about
Parking Commission authority. She asked about the requirements to purchase a permit in a PBZ. She
asked for clarity on the 85% rule. She asked about the creation of a PBZ.
Cr. Wallner asked about estimated costs. He asked about License Plate Reader (LPR) technology data
collection, its use, and the process of how the City handles that data. He asked for clarification regarding
the process of creating, modifying, or dissolving a PBZ.
Cr. Cunningham asked about the problem that a PBZ is designed to solve. He asked for additional clarity
on the 85% rule. He asked about the size of a potential PBZ. He asked for clarification about the number
of residential permits available per person or per dwelling. He asked about the intent of PBZ and
whether they will be created in the B-3 zone. He asked about PBZ compliment to other parking options
in the Downtown Parking Strategic Management Plan. He asked about the 60% threshold of petitions as
it relates to residents of apartments. He asked how this proposal ties in with the Downtown Parking
Strategic Management Plan for future off-site parking. He asked about the role of License Plate Readers
(LPR) in determining residency within a PBZ.
He asked about specific guarantee of parking spots. He asked about the size of PBZ creation. He asked
about costs, expenses of enforcement, and PBZ revenues. He asked about special accommodations for
people with no available off-street parking.
Cr. Pomeroy asked who wants a PBZ. She asked about input from downtown businesses and their
employees’ need for permits.
DM Andrus asked about purpose for this discussion. She asked about the notice period for creation of a
PBZ. She asked about fine amounts. She asked about the exclusion of apartments from the current
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Ordinance. She asked about grandfathering of parking through affordable housing criteria. She asked
about the flexibility of revenues application to other projects. She asked about the creation of a PBZ and
its review through the 85% rule.
09:39:10 PM (03:53:19) Meeting Extended
Mayor Mehl extended the meeting to 11PM.
09:39:27 PM (03:53:36) Discussion Continued
Cr. Wallner asked about staff’s recommendation for one permit per dwelling.
Cr. Cunningham asked about PBZ permits use in meeting a development’s minimum parking
requirements.
Cr. Pomeroy asked times and days of enforcement of a PBZ.
Mayor Mehl asked for clarity between the Downtown Parking Management District and PBZs. He asked
about a lower threshold to trigger the creation of a PBZ from the 85% rule. He asked about the monthly
issuance of permits related to the data collected. He asked about how often data will be released to the
public. He asked about the potential of a shuttle program. He asked for clarity regarding the exclusion of
apartments. He asked about the delegation of authority to the Parking Commission. He asked about the
potential for a resale market.
Cr. Cunningham asked if the language excluding apartment residents is discriminatory language.
Cr. Wallner asked about the delegation of authority to the Parking Commission and the potential of
including an appeals process.
10:05:59 PM (04:20:08)Public Comment
The Mayor opened for public comment.
10:06:19 PM (04:20:28) Mark Egge, Public Comment
Mr. Egge offered comment on the delegation of authority to the Parking Commission and the creation of
a new tool for the Parking Commission to manage on-street parking. He noted that the exclusion of
apartments may adversely affect current residents and proposed grandfathering current apt
10:09:20 PM (04:23:29) Jeannie Gracie, Public Comment
Ms. Gracie stated that she felt more confused after the presentation and questions than she entered
into the meeting but that this proposal feels bad. She feels that developers are the cause. She asked
about the definition of low-cost. She asked about multiple vehicles applied to one permit. She asked
about developers not providing required parking.
10:12:29 PM (04:26:38) Margie Smith, Public Comment
Ms. Smith stated that she is happy to share the resource of on-street parking. She is not happy with
sharing with developers of business buildings or condo buildings that have not built enough parking.
10:14:45 PM (04:28:54) Laurie McKinney, Public Comment
Ms. McKinney stated concern about the no trailers, RVs, or campers availability in a PBZ. She asked
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about rotating parkers for a music teacher. She asked about the parking of construction vehicles within a
zone.
10:16:47 PM (04:30:56) Jane Jelinski, Public Comment
Ms. Jelinski stated that if residents had known they may have to pay to park on their street they may not
have supported the creation of their SID to repair N. Tracy Ave. She stated that these zones are to the
benefit of developers. She framed it as a social justice issue.
10:19:26 PM (04:33:35) Susan Hankins, Public Comment
Ms. Hankins stated her issue with the definition of the 85% rule; she pointed out the lack of peak period
in the proposed document. She stated that she believes the analytic data is hypothetical and that it is in
error to vote on an Ordinance without first seeing the data.
10:21:15 PM (04:35:24) Kathy Docivel, Public Comment
Ms. Docivel asked for hang tags instead of stickers for permits. She asked why not issue a permit per
vehicle if they are to benefit the residents. She asked why limit what can park if the purpose is to benefit
the resident. She wants them to be for the number of vehicles. She expressed her confusion on the
issuance of commuter permits. She asked how this applies to short-term rentals and businesses and if
people take a permit. She asked about the difficulty of proving residence when keeping an out of state
vehicle registration. She asked about excess revenue and whether parking tickets apply within the zone.
She stated about developers not creating enough spaces to the detriment of other residents.
10:25:24 PM (04:39:33) Jim Ness, Public Comment
Mr. Ness, Chair of the Parking Commission, spoke in support of the Ordinance. He spoke on the role of
the Parking Commission to balance multiple needs. He stated that we have available parking spaces and
that we need to provide better data to the public of where that availability is at. He highlighted the
process that went into creating this potential Ordinance and its place in the Downtown Improvement
Plan.
10:28:22 PM (04:42:31) Whitney Lutey, Public Comment
Ms. Lutey stated that her personal challenge is living in an R-2 zone between two B-3 zones. She
inquired about the balancing act between the zones. She noted that she owns a short-term rental and
has concerns for how the zones would affect that property without of street. She expressed concern
about the parking of a construction trailer in a zone.
10:31:28 PM (04:45:37) Kathy Powell, Public Comment
Ms. Powell, representing the Inter-neighborhood Council (INC), highlighted the recommendation from
INC that the City Commission and not the Parking Commission should have the final decision for creation
or dissolution of a PBZ. She stated that the Ordinance should contain the 60% petition language. She
encouraged the City Commission to keep the restrictions on apartments and visitor permits in the zones.
She expressed the concerns of competition for spaces. She offered an exception for age dependent
apartment buildings that may not have parking
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10:35:20 PM (04:49:29) Doug Klniger, Public Comment
Mr. Klingert stated that the City Commission should not act on the Ordinance tonight. He stated issues
with the public notification time period and with the Ordinance not containing the necessary language.
10:38:01 PM (04:52:10) Kevin Bernard, Public Comment
Mr. Bernard stated that he lives on the border of the B-3 and R-2 and owns a business and residence in
the proposed district. He asked how to handle a situation such as his. He stated concern with balancing
the B-3 parking restrictions on a BPZ. He stated additional concern competing with parking from the
Merrin Building. He stated that developers are creating issue
10:41:04 PM (04:55:13) Linda Simmones, Public Comment
Ms. Simmones asked the Commission to postpone decision on the Ordinance. She stated concern with
the delegation of authority to the Parking Commission. She stated issue with the lack of the 60% petition
in the Ordinance. She stated concern with the Ordinance’s lack of definition of the 85% rule. She asked
about how the Ordinance would handle volunteers at neighborhood schools.
10:43:41 PM (04:57:50) Brian Gallik, Public Comment
Mr. Gallik, an attorney whose firm has represented downtown business owners and the City in the past,
stated that the parking issues are a result of the City’s policies to allow developers to build without
adequate parking. He stated that there has not been sufficient public vetting of this Ordinance and the
delegation of the authority. He stated that notice in this process needs to be improved. He stated that
appeal decision process needs to be improved.
10:47:34 PM (05:01:43) Paul Neubauer, Public Comment
Mr. Neubauer, Parking Commissioner, stated that there are a number of moving parts in an action such
as this. He stated that this Ordinance is another tool to help mitigate impacts on residents. He
encouraged the Commission to decide whether they are going to give the Parking Commission the
authority. He wanted to ensure residents that the process to create a BPZ would take multiple meetings.
He indicated his desire to increase the petition portion of the process.
10:51:19 PM (05:05:28) Response of Staff
Staff responded to public comments.
10:59:28 PM (05:13:37) Meeting extended
Mayor Mehl extended the meeting until 11:30 PM.
11:02:06 PM (05:16:15) Motion and Vote to continue this item until March 2nd. The motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Michael Wallner: 2nd
Mayor - Chris Mehl: Approve
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Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
3. 11:03:56 PM (05:18:05) Resolution 5126, Approving Certain Infrastructure Improvements in
the Bozeman Midtown Urban Renewal District as an Urban Renewal Project, Making
Findings with Respect Thereto and Approving the Issuance of Tax Increment Urban Renewal
Revenue Bonds to Pay Costs Thereof; Preliminary Authorization of the Issuance and Private
Sale of Bonds and Authorizing the Process for Selecting a Purchaser Thereof (Fine)
Item Continued to February 10, 2020
J. 11:05:40 PM (05:19:49) Other Public Hearing
11:05:52 PM (05:20:01) Cr. Wallner recused himself
1. Bozeman High School District 7 Gallatin High School Signage Modification Exemption Hearing,
Application 19497 (Krueger)
11:06:17 PM (05:20:26) Staff Presentation
Development Review Manager Brian Krueger presented the modification of BSD7’s Gallatin High School
for two signs. The intended signs are animated LED signs, one at the track and the other on the front of
the building.
11:09:42 PM (05:23:51) Questions of Staff
Cr. Pomeroy asked about Commission authority and requirement of the hearing.
Mayor Mehl asked for clarification on what a photometric electrical sight plan is.
11:11:52 PM (05:26:01) Presentation of Applicant
Nathan Helfrich, architect with Cushing Terrell presented the photometric electrical sight plan, the
display board for the track, and the reader board adjacent to the high school.
11:14:36 PM (05:28:44) Questions of Applicant
Mayor Mehl asked about landscaping buffer and the possibility of relocating the reader board along
Main Street near Bozeman High.
11:17:15 PM (05:31:24) Public Comment
There was no public Comment
11:17:28 PM (05:31:37) Discussion
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K. 11:21:54 PM (05:36:03) FYI/Discussion
• Mayor Mehl stated interest for tobacco-free parks along with Cr. Wallner and Cr. Cunningham.
L. 11:22:43 PM (05:36:52) Adjournment
___________________________________
Cynthia L. Andrus
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: March 23, 2021
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