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Home My WebLink About01-13-14 draft Minutes, City CommissionPage 1 of 14 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA AGENDA and MINUTES Monday, January 13, 2014 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Becker called the meeting to order at 6:05 p.m. Mayor - Jeff Krauss: Present Deputy Mayor - Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda 06:04:53 PM City Manager Chris Kukulski explained that Consent Item E. 3 would be pulled from the agenda per a request from the Mayor. 06:05:33 PM Mayor Krauss removed Item E-4 from consent and moved it to action. 06:05:40 PM Mayor Krauss announced that he likes to start on time, mentioned how the microphones work best and went over a few other points regarding how he runs a meeting. D. Public Service Announcement – City Offices will be closed, Garbage Service WILL NOT be Delayed and the Commission will not meet on Monday, January 20, 2014 (Brunckhorst) Aimee Brunckhorst, Deputy City Clerk provided this public service announcement. 06:09:26 PM E. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres)  13 Bozeman City Commission Agenda and Minutes, January 13, 2014 Page 2 of 14 2. Authorize City Manager to sign Grant Agreement with Gallatin Ice Foundation and Bozeman Amateur Hockey Association to support construction of an Ice Facility at the Gallatin County Fairgrounds (Rosenberry)  3. Approve Letter of Support for the ‘Combined Appropriation’ rulemaking currently proposed by the Montana Department of Natural Resources and Conservation (Heaston)  PULLED FROM THE AGENDA. 4. Finally Adopt Ordinance 1875, A text amendment to Bozeman Municipal Code Sections 38.28.060 and 38.28.200 to revise formatting for non- residential sign standards, to revise calculations for multiple frontage buildings, and to revise the non-conforming sign provisions, Application Z13246 (Saunders)  PULLED FROM CONSENT AGENDA, MOVED TO ACTION. 06:09:35 PM Public Comment on Consent. No person commented, Mayor Krauss closed public comment on consent. 06:09:44 PM Motion and Vote to approve Consent Items E. 1 and 2 as submitted. Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve The motion passed 5-0. F. Public Comment Mayor Krauss opened Public Comment. No person commented, Mayor Krauss closed public comment. G. Special Presentations 1. 06:11:01 PM Introduction of Jeff Graff, Trails, Open Space and Parks Manager (Overton) Mitch Overton, Recreation and Parks Director introduced Jeff Graff the new Trails, Open Space and Parks Manager. 06:11:53 PM Jeff Graff, New Trails, Open Space and Parks Manager said he is very glad to be here. 2. 06:12:47 PM Good Neighbor Committee Update (Brekke) 14 Bozeman City Commission Agenda and Minutes, January 13, 2014 Page 3 of 14 Allyson Brekke, Neighborhood Coordinator provided the presentation on this item. 3. 06:17:04 PM 2013 State of the Neighborhoods Address by the Inter- Neighborhood Council (Brekke and Jennifer Rockne)  Allyson Brekke, Neighborhood Coordinator began the presentation on this item. 06:19:57 PM Jennifer Rockne, Inter-Neighborhood Council (INC) Chair continued the presentation speaking regarding the mission and vision of the INC. Ms. Rockne also brought forth priorities of the INC that she would like the Commission to consider when determining their own priorities. She also spoke regarding the INC’s 2014 goals. Deputy Mayor Carson Taylor thanked the INC for all their volunteer work. 06:25:34 PM Mayor Krauss said the neighborhood system in place was put in place by the City Charter ten years ago. He mentioned that whether a new Study Commission should be formed to review the Charter will be on the ballot soon. H. Action Items 1. 06:26:57 PM Finally Adopt Ordinance 1875, A text amendment to Bozeman Municipal Code Sections 38.28.060 and 38.28.200 to revise formatting for non-residential sign standards, to revise calculations for multiple frontage buildings, and to revise the non-conforming sign provisions, Application Z13246 (Saunders)  This item was pulled from the consent agenda. It was moved by Cr. Andrus, seconded by Deputy Mayor Taylor to finally adopt Ordinance 1875, a text amendment to the Bozeman Municipal Code Sections 38.28.060 and 38.28.200 to revise formatting for non-residential sign standards, to revise calculations for multiple frontage buildings, and to revise the non-conforming sign provisions, Application Z13246. 06:27:22 PM Discussion on the motion. Vote on the motion to finally adopt Ordinance 1875, a text amendment to the Bozeman Municipal Code Sections 38.28.060 and 38.28.200 to revise formatting for non-residential sign standards, to revise calculations for multiple frontage buildings, and to revise the non-conforming sign provisions, Application Z13246. Commissioner - Cynthia Andrus: Motion Deputy Mayor - Carson Taylor: 2nd 15 Bozeman City Commission Agenda and Minutes, January 13, 2014 Page 4 of 14 Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Disapprove Commissioner - I-Ho Pomeroy: Approve The motion passed 4-1 with Cr. Andrus opposed. 2. 06:29:06 PM Approve Resolution 4503, a resolution of intent to amend Figure 3-1 of the Bozeman Community Plan from Residential to Community Commercial Mixed Use and hold a public hearing for the Oak Meadows Growth Policy Amendment generally located south of Oak Street between 12th and 14th Avenues, Application P13025 (Rogers) (Continued from December 9, 2013)  06:29:13 PM Tom Rogers asked for procedural direction on this item. 06:30:15 PM Greg Sullivan, City Attorney provided procedural direction on this item. 06:34:44 PM Tom Rogers began the presentation on this item. 06:48:18 PM The Commission began questions for staff. 07:00:16 PM Greg Sullivan asked a clarifying statement. 07:00:58 PM The Commission continued questions for staff. 07:02:55 PM Jason Lee, Applicant Representative Jason Lee, representative for the applicant and land owner provided the applicant presentation. He mentioned the amendment to the application that the staff had explained and provided further information and then went into further detail on the application. 07:10:38 PM The Commission began questions for the applicant. 07:15:26 PM Public Comment 07:15:37 PM Chris Budeski, Public Comment Mr. Budeski of 315 Sheridan Avenue spoke in favor of this growth policy amendment. He said he does not think a housing development directly on Oak Street would be a good place to live and he likes having that buffer of commercial/office/business. He also spoke regarding traffic and how it will flow. Public Comment closed. 07:16:54 PM 16 Bozeman City Commission Agenda and Minutes, January 13, 2014 Page 5 of 14 It was moved by Cr. Taylor, seconded by Cr. Mehl that having reviewed the application materials, considered public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application P13025 and Planning Board Resolution P13025, and move to approve Resolution 4503 intending to amend the growth policy from Residential to Community Commercial Mixed Use with the contingencies outlined in the staff report, and direct Staff to prepare a resolution to finalize the growth policy amendment upon completion of the contingencies. Deputy Mayor - Carson Taylor: Motion Commissioner - Chris Mehl: 2nd 07:17:28 PM Deputy Mayor Taylor addressed the criteria (findings) related to his motion. He said that criteria #1 relates to creating efficiency or improving the growth policy. He feels the amendment does improve the growth policy as it is a principal arterial with five lanes and it is a great idea to create a buffer between that and residential. He feels there is a need in the city for more R-4 and this minimizes the effect by creating the perfect situation for R-4 development to go behind and not be right on the road. He agrees that the commercial is the highest potential use for this property on 3 acres. He appreciates that the applicant has taken into consideration and amended the plan based on citizen and board member feedback. The amendment does not create an inconsistency with B-2 across the street and R-O next door. There is not an inconsistency with this change between the goals and the maps or creation of different goals and objectives. This is consistent with the overall intent of the growth policy. This proposal will not adversely affect the community as a whole or a significant portion of it. It is taking a principal arterial and changing it to potential commercial use which will benefit the neighborhood and city. 07:20:23 PM Greg Sullivan, City Attorney asked for clarification on the motion. 07:20:46 PM Deputy Mayor Taylor clarified that his motion does not include the staff findings or recommendations if they were inconsistent to the findings just made or the recommendation or findings related to the recommendation. Cr. Mehl confirmed the intent of the motion as the person who seconded the motion. Discussion and then Vote on the motion. Deputy Mayor - Carson Taylor: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve 17 Bozeman City Commission Agenda and Minutes, January 13, 2014 Page 6 of 14 Commissioner - I-Ho Pomeroy: Approve The motion as clarified passed 5-0. 3. Oak Meadows Zone Map Amendment Application to rezone existing R-4 (Residential High Density) to B-2 (Community Business), generally located south of Oak Street between 12th and 14th Avenues, Application Z13175 (Rogers)  07:27:34 PM Public Comment Mayor Krauss opened public comment on this item. No person commented. Mayor Krauss closed public comment. Mayor Krauss continued the review of the Oak Meadows Zone Map Amendment Application Z13175 to January 27, 2014. Due to technical difficulties with the PowerPoint presentation the Mayor changed the order of the agenda. 1. Reappointments to the Board of Appeals (Brunckhorst)  Motion and Vote to reappoint Robert Lashaway and Andrea Michael to the Board of Appeals. Commissioner - Chris Mehl: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve The motion passed 5-0. 2. Appointment to the Community Affordable Housing Advisory Board (Brunckhorst)  Motion and Vote to appoint SharlaRae Stuber to the Community Affordable Housing Advisory Board. Commissioner - Chris Mehl: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve The motion passed 5-0. 18 Bozeman City Commission Agenda and Minutes, January 13, 2014 Page 7 of 14 3. Appointment to the Downtown Business Improvement District (BID) Board (Brunckhorst)  Motion and Vote to appoint Dylan Clarkson to the Downtown Business Improvement District Board. Commissioner - Cynthia Andrus: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve The motion passed 5-0. 4. Reappointment to the Impact Fee Advisory Committee (Brunckhorst)  Motion and Vote to reappoint James Nickelson to the Impact Fee Advisory Committee. Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve The motion passed 5-0. 5. Reappointment to the Pedestrian and Traffic Safety Committee (Brunckhorst)  Motion and Vote to reappoint Danielle Scharf to the Pedestrian and Traffic Safety Committee. Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve The motion passed 5-0. 19 Bozeman City Commission Agenda and Minutes, January 13, 2014 Page 8 of 14 07:34:46 PM 6. Simmental Annexation of 4.309 acres located southeast of the intersection of Campbell Road and Springhill Road, Application A13004 (Saunders)  (Revised staff report with corrected maps on 1-13) 07:34:51 PM Chris Saunders, Policy and Planning Manager for the Community Development Department provided the staff presentation on this item. 07:39:20 PM Chris Budeski, Applicant Mr. Budeski provided the applicant presentation on this item. He would request that the Commission make a slight change in the staff recommendation #10 regarding the easement. He would like the words in parenthesis (remove fifty feet) removed. This would clarify that the necessary easement for the east half of the minor arterial road would be placed in easement, but would not place in easement any unnecessary footage. 07:41:30 PM Public Comment Mayor Krauss opened public comment, seeing none he closed public comment. 07:41:38 PM Motion and Vote to eliminate the words “50 feet” from criteria ten in the staff recommendation in the report. Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve The motion passed 5-0. Motion and Vote that having reviewed the staff report, the application materials, considered public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application A13004 and approve the Simmental annexation subject to the identified contingencies as just amended by the Commission (eliminate the words “50 feet” from criteria ten in the staff recommendation in the report). Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve The motion passed 5-0. 20 Bozeman City Commission Agenda and Minutes, January 13, 2014 Page 9 of 14 07:44:07 PM 7. Simmental Annexation Zone Map Amendment change from Residential to (R-O) Residential-Office District in connection with Annexation for 4.309 acres located southeast of the intersection of Campbell Road and Springhill Road, Application Z13255 (Saunders)  Chris Saunders, Policy and Planning Manager for the Community Development Department provided the staff presentation on this item. He began by explaining that staff used this item as a test for placing all of the information normally present in a staff memorandum directly on to the staff report so as not to duplicate information. 07:47:36 PM Chris Budeski, Applicant Mr. Budeski provided the applicant presentation. 07:48:24 PM Public Comment Mayor Krauss opened public comment, none were received. 07:48:36 PM Motion and Vote that having reviewed the application materials, considered public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application Z13255 and direct the preparation of an implementing ordinance upon completion of the identified contingencies. Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 07:49:15 PM Discussion on the motion. The motion passed 5-0. 07:50:07 PM 8. Appointment of Mayor and Commissioners to Voting Board Positions and Assignment of Mayor and Commissioners to act as Liaisons to City Citizen Advisory Boards (Brunckhorst)  Aimee Brunckhorst, Deputy City Clerk provided the staff presentation on this item. 07:53:01 PM The Commission began picking boards to act as liaisons and to act as voting board members beginning with Mayor Krauss. The following were the picks made by each Commission member: Krauss – Planning Board 21 Bozeman City Commission Agenda and Minutes, January 13, 2014 Page 10 of 14 Taylor – Community Affordable Housing Advisory Board Mehl – Economic Development Council Andrus – Parking Commission Pomeroy – Bike Board Pomeroy – Criminal Justice Coordinating Council Andrus – Trails, Open Space and Parks Board Krauss – Zoning Commission Mehl – South Bozeman Technology District Board Taylor – Downtown TIF Krauss – Tourism Business Improvement District Krauss – Transportation Coordinating Council Taylor – City-County Board of Health Mehl – Gallatin Local Water Quality District Board Andrus – Historic Board Pomeroy – Streamline Advisory Board Pomeroy – Beautification Board Andrus – Downtown BID Mehl – Prospera Revolving Loan Fund Taylor – Inter-Neighborhood Council Krauss – Library Board of Trustees Krauss – Audit Committee Taylor – North Seventh Urban Renewal Board Mehl – Impact Fee Committee Andrus – Cemetery Board Pomeroy – Audit Committee Pomeroy – Board of Appeals Andrus – Fire Code Board of Appeals Mehl – Design Review Board Taylor – Recreation and Parks Mayor – Tree Advisory Board Taylor – Wetland Review Board Mehl – Community Alcohol Coalition Andrus – Pedestrian and Traffic Safety Committee Pomeroy – Northeast Urban Renewal Board 08:09:40 PM Break Mayor Krauss called for a break. Back from Break I. Policy Discussion 08:20:36 PM 9. Affordable Housing Policy Discussion (Thomas)  08:20:52 PM Wendy Thomas, Community Development Director began the presentation 22 Bozeman City Commission Agenda and Minutes, January 13, 2014 Page 11 of 14 on this item. Introduction of Community Affordable Housing Advisory Board members, staff and Commission CAHAB members present at the meeting included Anders Lewendal - home builder, Melvin Howe - (at-large), Kyle Terrio - current volunteer and former staff representing the Warming Center, Mary Martin - Asset and Affordable Housing Management for HRDC, SharlaRae Stuber - Big Sky Western Bank (brand new CAHAB member), David Magistrelli - Habitat for Humanity, Ann Kesting - Real Estate Agent with ERA Landmark, Brian LaMeres - City Finance Department Representative, Tracy Menuez - HRDC Community Development staff and CAHAB staff. 08:23:13 PM Ms. Thomas continued the presentation on this item. The Commission, Board members and staff began discussion. Mary Martin, CAHAB Member and HRDC Staff 08:41:36 PM Commissioner Pomeroy Wendy Thomas, Community Development Director Mayor Krauss Wendy Thomas, Community Development Director Ms. Thomas spoke regarding applications that came before the Community Affordable Housing Advisory Board and will be coming before the City Commission soon. She also continued with the larger discussion. 08:54:14 PM Cr. Mehl Cr. Mehl began by thanking the CAHAB for their work and said he has enjoyed working with them as their liaison. He continued with policy direction. 08:58:08 PM Mayor Krauss 09:01:17 PM Deputy Mayor Taylor Cr. Andrus Mayor Krauss Cr. Mehl 09:11:21 PM Deputy Mayor Taylor 09:14:44 PM Melvin Howe, CAHAB member Mr. Howe spoke towards how demand and supply plays into this subject. 23 Bozeman City Commission Agenda and Minutes, January 13, 2014 Page 12 of 14 09:17:52 PM Anders Lewendal, CAHAB member Mr. Lewendal also spoke towards demand and supply and continued to talk about increasing supply. He suggested engaging the building industry. 09:19:35 PM Chris Kukulski, City Manager 09:20:42 PM Cr. Mehl 09:21:51 PM Mayor Krauss 09:25:25 PM Wendy Thomas 09:26:23 PM Cr. Mehl Tracy Menuez, CAHAB Staff Cr. Mehl 09:28:22 PM Mayor Krauss 09:30:16 PM Cr. Pomeroy Public Comment Mayor Krauss opened public comment on this item. 09:30:44 PM Richard Brown, Public Comment Mr. Brown of 507 West Babcock spoke regarding a triplex he has on an R4 lot and says he is not allowed to put 4 units on it because it is a 50 foot lot. It is in a historic part of town, he has restored the place and has wonderful renters that use bicycles. If he was able to put 4 units he would add one unit right now. He said there is a house two doors down that added a studio on the back of her garage. She was told she had to evict someone from her house to make it three rentals. If she could she would add another renter right now. He feels there are other homes in the neighborhood that would do the same. 09:33:31 PM Mayor Krauss Mayor Krauss spoke to the competing goods of protecting a historic overlay district versus creating more rentals there. Richard Brown, Public Comment Mr. Brown continued his comment speaking further regarding rentals in homes. 09:35:22 PM Michelle Letendre, Public Comment Ms. Letendre of 1807 West Koch #6 is a co-chairman of the Greater Gallatin Homeless Action Committee which has been meeting for about 8 years with about 40 attending every month. She spoke regarding the fifty to sixty individuals and families with children who are living in the warming center. The Action Committee would like to be involved 24 Bozeman City Commission Agenda and Minutes, January 13, 2014 Page 13 of 14 as the city moves forward on this. 09:37:03 PM Kevin Thane, Public Comment Mr. Thane of 3432 South 29th spoke on behalf of Family Promise and more loosely with the Greater Gallatin Homeless Coalition. He spoke regarding the need for rental housing similar to the small, basic houses on the MSU campus within family housing. He spoke regarding a potential low income housing project that the Trust for Public Land is considering. Mr. Thane said their (Family Promise) need is for low income rental housing. 09:39:30 PM Public Comment Closed 09:39:38 PM Anders Lewendal, CAHAB 09:40:12 PM Mayor Krauss 09:41:36 PM Kyle Terrio, CAHAB 09:43:04 PM J. FYI/Discussion 10. Commission Meeting Schedules for February and March 2014 (Kukulski) 09:43:19 PM City Manager Chris Kukulski confirmed with the Mayor that he does not want Tuesday meetings when a holiday lands on a Monday. February 10th at 4 p.m. will be the goal setting session on the 10 th in the commission room. Commissioner Mehl let the Mayor know he will be slightly late to that meeting and to get started without him. Mayor Krauss will not be at the March 17 th meeting. The commission meeting of the week of spring break will be canceled. Cr. Andrus asked whether the Commission will be meeting the fifth Monday of March which is normally a canceled meeting. She will not be able to attend that day if a meeting is held. K. Adjournment Mayor Krauss adjourned the meeting at 9:47 p.m. ______________________________ 25 Bozeman City Commission Agenda and Minutes, January 13, 2014 Page 14 of 14 Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Brunckhorst, Deputy City Clerk Approved on ___________________________ City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, James Goehrung, at 582- 3232 (TDD 582-2301). Commission meetings are televised live on cable channel 20 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 20 Wednesday at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. 26