Loading...
HomeMy WebLinkAbout03-16-2015 Archive City Commission Minutes • r THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, March 16,2015 Mayor- Jeff Krauss: Present Deputy Mayor- Carson Taylor: Absent Commissioner- Chris Mehl: Present Commissioner - Cynthia Andrus: Present Commissioner- I-Ho Pomeroy: Present Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan, Administrative Services Director Anna Rosenberry and City Clerk Stacy Ulmen. A. 06:00:42 PM Call to Order — 6 p.m.— Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6 p.m. B. 06:01:23 PM Pledge of Allegiance and a Moment of Silence C. 06:02:09 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated there has been a change to the EAL. Mayor Krauss stated that Deputy Mayor Taylor's absence will need to be excused this evening. 06:02:27 PM Motion and Vote to Authorize the Absence of Deputy Mayor Taylor. Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Absent Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve D. 06:02:41 PM Minutes — Regular City Commission Minutes from February 23rd and March 2nd, 2015 and User Access to Linked Minutes a March 16,2015 Bozeman City Commission Minutes 06:02:44 PM Motion and Vote to approve the Regular City Commission Minutes from February 23rd and March 2nd; 2015 as submitted. Commissioner - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Approve Deputy Mqyor- Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve E. 06:02:57 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) a 2. Authorize the City Manager to sign as Grantor a Drainage Easement and a Water Pipeline and Access Easement and Agreement with Annie Street Cottage Homes LLC as Grantee to respectively provide Stormwater Drainage Improvements and a new Fire Hydrant _upon Lot 2B of Certificate of Survey 501, City of Bozeman(Heaston) �a 3. Cannery District Sewer and Water Pipeline and Access Easement and Agreement to accommodate Water and Sewer Mains that are being Extended throughout the Site to provide Service to proposed Buildings (Murray) to 4. Final Adoption of Ordinance 1907, Bargain and Sale Deed, City of Bozeman to Montana Department of Transportation for the Rouse Avenue, Oak to Story Mill Project (Kerr) -4o 5. Water Treatment Plant Application Program Software License Agreement with Pall Corporation(Murray) to 6. Approve the Mayor's signature on Bozeman's Certified Local Government Grant Contract for 2015-2016 (Kramer) TPA4z 7. Funding Agreement with Montana Department of Transportation for the Transportation Master Plan Update (Hixson) to 8. Professional Services Agreement with Sanderson Stewart for the Oak Street Improvements Project(Murray) ,�:3 9. Notice of Award to Williams Civil Division, Inc. for the Total Combined Schedule 1, 2, 3, & 4 Bid in the amount of $1,216,865.25 for the 2015 Story Street Reconstruction Project (Murray) C� 06:03:02 PM City Manager Introduction of Consent Agenda Items Mr. Kukulski gave an overview of each Consent item. 06:06:18 PM Public Comment Mayor Krauss opened public comment on the Consent agenda. No person commented. Mayor Krauss closed public comment. Page 2 of 11 March 16,2015 Bozeman City Commission Minutes 06:06:21 PM Motion and Vote to approve Consent Items 1-9 as submitted. Commissioner- I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Absent Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve F. 06:06:44 PM Public Comment Mayor Krauss opened general public comment. 06:07:38 PM Rick& Maralee Reece,Public Comment Mr. Reece stated that they own the home on the corner of Rouse and Lamme. He spoke regarding the reconstruction project on Rouse. He urged the City to pay close attention to Lamme, Rouse and the School. They have concerns with the left turn lane. They also have concerns of the proposed removal of shrubs and trees. 06:10:37 PM Daniel Gau-Ier,Public Comment Mr. Gaugler stated that he is representing the HOA of the Legends 2 Subdivision. He spoke of the conditions of approval in regards to number 24 relating to installing a restroom facility. This condition brings maintenance liability to the HOA and there is no benefit to the neighborhood. No other HOA has this obligation. He spoke regarding other ways to accomplish this. He urged the Commission to help the HOA find a solution to this. 06:14:14 PM Public Comment closed Mayor Krauss closed public Comment. G. Special Presentations 1. 06:15:00 PM Mayor's State of the City Address (Mayor Krauss) Mayor Krauss thanked the Citizens for his time in public service and thanked the City Staff for their work. He recognized the Public Works Director and stated that Mr. Woolard has done things with boldness and with risk taking. He recognized the City GIS Team. He also thanked the Community Development Director in her assistance of helping him, along with thanking the HRDC and spoke of the projects related including the bus system and a recent trip to the Legislature in regards to affordable housing efforts. He thanked MSU and spoke of the significant development around what is deemed as our second town, which is MSU. He spoke regarding trip generations and examples of private partnerships. Mayor Krauss apologized for the incident related to the Bearcat. His hope is not just a change in processes but a change of governance. He spoke regarding human rights and the recent item related to eminent domain which came before the Commission not long ago. It did test the Commission a bit in regards to property rights. It is a costly process. He spoke regarding preserving rights. We need to remember what people of the past thought government was for. We have made some progress in rights. He spoke Page 3 of 11 March 16,2015 Bozeman Cite Contntissicnt Minutes regarding accommodating the public in that it is to accommodate the entire public. He spoke about growth in the Urban boundary. There are some constraints put upon our City. One place is west of town which has grown fast and grown downhill and it is uphill to the treatment plant. To further grow is a huge investment to development in the northwest. There are not complete roads in that area and constraints in that direction. It is worry some. On the east side of town,the hospital. Streets and corners on that side of town offer some barriers. Sourdough across Kagy in the morning is a tough thing. He spoke regardin� the south west corner of town near 19th and Kagy. That has great connectivity with 19t . It is only around $1 million for sewer improvements and it is in walking distance from our largest employer. There is a need to have an examination of where we want to encourage growth. The issue of infrastructure will really challenge the economic development of the City. This brings us to the downtown. We have done well with protecting the historic area along with a little non historic as well. He spoke regarding the B-3 area. There is an area around the historic area called B-3 where we want to encourage density and it is also has an overlay with the Downtown plan and a 20 year concept of the neighborhood overlay. There is a need to look at commercial and living downtown. Old downtown and new downtown, a way to serve in order to make a vibrant downtown. We are going to be constrained on the edge and want to accommodate. There is a need to look at greater height and density. We cannot continue to look at the 50s and 60s guidelines as we are not trying to preserve that. We are trying to encourage new ways and this will make the old neighborhood more vibrant. He spoke of the hard edge of the City. He is not advocating new growth but that there is a need to facilitate commerce well. Mayor Krauss spoke regarding the need of a vibrant downtown in the new downtown. He spoke about ghost signs, variances and deviations. There is a need to find ways to encourage investment in solar. He wants the City to work with NorthWestern Energy in seeking solar which could lead to a more sustainable Bozeman. We face regulatory issues. The City needs to partner with NorthWestem Energy. There is great potential for partnership. As far as hearing that growth doesn't pay for itself, none of us are paying for ourselves. We need to put our money where our mouth is. Strive for the luxury of a well maintained infrastructure. Bozeman needs to eat its vegetables. Smart growth is not asking someone else to pay for it. 2. 06:45:34 PM The 2014 Community Development Annual Report (Thomas) a 06:45:40 PM Staff Presentation Community Development Director Wendy Thomas gave the presentation for the 2014 Community Development Annual Report. She spoke regarding the way that the Department is setup and the areas that the Department works in. The Department has implemented a lot of technology in order to increase efficiency. 06:56:12 PM Commission questions for Staff The Commission and Staff discussed growth impacts, trip generation and saving the residents money, the reason why annexations are not listed in the report, pre-economy, infill, the amount of lots preliminary platted,the fact that the Department has successfully Page 4of11 March 16,2015 Bozeman City Commission Minutes improved relationships in the building community, more work with less employees, and the need for staff to communicate things that are significant time wasters. 07:02:01 PM Break Mayor Krauss called for a break. H. 07:17:11 PM Action Items 1. 07:17:14 PM Final Amended Plat to rename a Subdivision to "Baxter Meadows West Phase 3B Subdivision" from "The Knoll at Baxter West Subdivision", and for the City to accept Maintenance Responsibility for named Streets, presently Legally Described as The Knoll at Baxter West Subdivision and located in the Southwest One-Quarter (SW 1/4) of Section 34, Township One South (T1 S), Range Five (R5E), P.M.M, City of Bozeman, Gallatin County, Montana, located East of Harper Puckett Road and North of Equestrian Lane, application P15008 (Quasi-Judicial)_ (Saunders) a 07:17:34 PM Staff Presentation Community Development Director Wendy Thomas gave the Staff Presentation for the Final Amended Plat to rename a Subdivision to "Baxter Meadows West Phase 3B Subdivision" from "The Knoll at Baxter West Subdivision", and for the City to accept Maintenance Responsibility for named Streets, presently Legally Described as The Knoll at Baxter West Subdivision and located in the Southwest One-Quarter (SW '/4) of Section 34, Township One South (Tl S), Range Five (R5E), P.M.M, City of Bozeman, Gallatin County, Montana, located East of Harper Puckett Road and North of Equestrian Lane, application P15008. 07:20:22 PM Commission questions for Staff None. 07:20:27 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 07:20:36 PM Motion and Vote to approve the amended plat to rename "The Knoll at Baxter West" to "Baxter Meadows West Phase 3B". and for the City to accept maintenance responsibility for Thoroughbred Lane, Farrier Lane,Andalusian Avenue, and McCafferty Street. Commissioner - Chris Mehl:Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Absent Commissioner- Chris Mehl: Approve Page 5 of 11 March 16,2015 Bozeman City Commissimt Minutes Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 2. 07:21:08 PM West Winds Phase 2A&B Minor Subdivision Preliminary Plat Application for a Second or Subsequent Minor Subdivision from a Tract of Record (4.623 acres) to create Two Lots restricted to Affordable Housing(Quasi-Judicial) (Brekke) a 07:21:23 PM Staff Presentation Staff Planner Allyson Brekke gave the staff presentation for the West Winds Phase 2A&B Minor Subdivision Preliminary Plat Application for a Second or Subsequent Minor Subdivision from a Tract of Record (4.623 acres) to create Two Lots restricted to Affordable Housing. 07:24:42 PM Commission Questions for Staff The Staff and Commission discussed what the meaning of affordable housing is and what it means in regards to this project. Ms. Brekke spoke regarding how it was addressed in the Code. She also stated that the type of building is not being considered at this time. 07:27:22 PM Applicant Presentation The Applicant representative gave the applicant presentation for the West Winds Phase 2A&B Minor Subdivision Preliminary Plat Application for a Second or Subsequent Minor Subdivision from a Tract of Record (4.623 acres) to create Two Lots restricted to Affordable Housing. 07:28:11 PM Commission questions for Applicant None. 07:28:30 PM Public Comment Mayor Krauss opened public comment on this item. 07:28:44 PM Jason Welch, public comment Mr. Welch is wondering why this needs to be split. This has grand impact on his property value. 07:29:45 PM Ken McMines,Public Comment Mr. McMines is concerned because there are huge apartment buildings there already. He is also concerned of property values going down and over saturated density. This mixed use thing, he is not sure how it works. Neighbors have said they will move if a 3 story building goes in. We need to make Bozeman grow responsibly. 07:31:52 PM Jeremy Hanson,Public Comment Mr. Hanson stated that he has similar concerns and wonders how this is going to change and what is going to go on this lot. We are suffering with congested parking already. Bigger buildings take up more space and crowd. Page 6 of 11 March 16,2015 Boze»rent City Commission Minutes 07:33:50 PM Public Comment closed Mayor Krauss closed public comment. 07:33:56 PM Applicant rebuttal. Mr. Budeski, the Applicant representative stated that there is not a change in zoning for this lot. It has always been planned for affordable housing. The reason behind this application is because only V2 of this lot will be developed at this time. 07:34:52 PM Staff Presentation Follow up Ms. Brekke spoke regarding the lot and that it has always been planned for multifamily. Additional noticing in the future will occur as it develops. 07:36:05 PM Commission Discussion with Staff The Commission and staff discussed the zoning of the area, the PUD and any changes to the subdivision since it was platted. 07:39:09 PM Motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application P15006 and move to approve West Winds Ph. 2A&B Minor Subdivision Preliminary Plat ivith conditions and subject to all applicable code provisions. Commissioner - Cynthia Andrus: Motion Commissioner- I-Ho Pomeroy: 2nd 07:39:34 PM Commission Discussion on the Motion Cr. Andrus stated that she will be supporting this application. She agrees that it is dense but this was worked out when the PUD was approved in the past. Cr. Pomeroy thanked the public comment. We need affordable housing. She spoke regarding the R-3 Zoning District. Cr. Mehl thanked the public comment. He stated that we are not changing zoning. Part of the City's goal is to have mixed housing. Site planning has not even started. That is where the discussion should take place. Mayor Krauss spoke regarding the prior creation of the West Winds PUD. This one is at a corner of a fairly busy street. 07:46:48 PM Vote on the Motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application P15006 and move to approve West Winds Ph. 2A&B Minor Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. Commissioner- Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Absent Page 7 of 11 March 16,2015 Bozeman City Commission Minutes Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 3. 07:47:13 PM Resolution 4589, amending Fiscal Year 2015 (FYI 5) North 7th Tax Increment Finance District Fund Budget to Include Additional Expenditures of $20,000 for District Consultant Services, $100,000 for Fiber Optic Project Costs, and $75,000 for Design Standard Creation (Fine) T�-'a 07:47:42 PM Staff Presentation Economic Director Brit Fontenot and Economic Assistant David Fine gave the staff presentation for Resolution 4589, amending Fiscal Year 2015 (FY15) North 7th Tax Increment Finance District Fund Budget to Include Additional Expenditures of$20,000 for District Consultant Services, $100,000 for Fiber Optic Project Costs, and $75,000 for Design Standard Creation. 07:51:34 PM Commission Questions for Staff The Commission and Staff discussed the length of time left in the TIF district, the development of the district, the design standards for the entryway corridor, why this is a good investment, the expansion of the TIF and the reason why we need to expand this district, when the creation of the TIF occurred and if it has been successful in creating what was listed, the need to call this one completed and create another and the implications of doing so, bonding, the re-appraisal and capacity needs. 08:12:37 PM Public Comment Mayor Krauss opened public comment. 08:12:46 PM Bob Hawks,Public Comment Mr. Hawks spoke regarding the past of North 7t" Avenue in that it was the entry. He asked that the TIF district not become a planning process. When signs were brought down to eye level, it created a better feeling. Keep the entryway in mind. He spoke regarding net positives. 08:15:07 PM Public Comment Closed Mayor Krauss closed public comment. 08:15:19 PM Motion that having conducted a public hearing, considered written and spoken public testimony, and based on the findings contained in this and other related staff memoranda, the content of Resolution No. 4589 and findings articulated by the Commission during discussion,I hereby move to adopt Resolution No. 4589. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Page 8 of 11 March 16,2015 Bozeman City Commission Minutes 08:15:48 PM Commission discussion on the Motion Cr. Pomeroy stated that the TIF district wants to make North 7th more attractive to people. There is a need for a plan. She will support this motion Cr. Mehl stated that he has no problem with the fiber. He is not convinced that we need to expand the area. He spoke regarding his concerns of piece milling and about universal ways of approaching. Cr. Andrus spoke regarding the design standards and stated that this type of thing is happening in other parts of the community. As far as the expansion of the TIF, there is a need to move cautiously into this. She has a hard time envisioning these areas. She agrees with doing whatever we can to take the broadband project forward. Mayor Krauss spoke regarding boulevard trees, bus stops, and the need for there to be a cultural component in the plan. He feels that mid-town should be relatively tall, limited curb cuts etc. We need to pay more attention to what we are doing along the street. He's not afraid of going to additional property owner to see if they want to be deemed blighted. Need investment, development and vitality. 08:30:12 PM Vote on the Motion that having conducted a public hearing, considered ivritten and spoken public testimony, and based on the findings contained in this and other related staff memoranda, the content of Resolution No. 4589 and findings articulated by the Commission during discussion, I hereby move to adopt Resolution No. 4589. Commissioner- I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Absent Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 4. 08:30:53 PM Direction to Staff on Proposed Downtown Zoning Amendment (Krauss) 08:31:39 PM Mayor Krauss presentation The Downtown District has B-3 Zoning overlaid by Downtown Plan. The Plans stated that we want new development of modern design and intensity. This is what is states in the Downtown Plan and essentially in the Zoning. Then we have the Neighborhood conservation plan which is "at odds" with the others. We want vitality, diversity and height. Mid-town is important. He spoke of incentives where people know they can build. We have an adopted B-3 district. There is an uncertainty because of"conserving" pieces within that area. We have one too many restrictions. We still have a site plan evaluation that we would consider. Might be a consideration to remove the Conservation overlay in that part of the Non-historic downtown, which is B-3, only in that part. Right now we are sending mixed messages and we are sending investors away. And we are encouraging people who want to build density, sending them away from the downtown. We need to Page 9 of 11 March 16,2015 Bozeman City Commission Minutes take steps. He appreciates looping at everything globally but we strike while the irons hot and provide the kind of contemporary height and density that we are asking people to do. 08:39:22 PM Staff Discussion Ms. Thomas spoke regarding the fact that the design guidelines are being reviewed currently. 08:41:43 PM Commission discussion. The Commission discussed the TIF boundaries and that fact that they do not line up, how far east they would want to go, should there be a hard edge or a soft edge, inclusion of a net loss provision, spanning from community plan, the need to look for flexibility, the fact that staff is presently looking at the overlay district and that fact that the Community Development Director suggests changes in existing guidelines and that she stated that the design guidelines have not failed this community. 08:48:36 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 08:48:51 PM Continued Commission discussion The Commission discussed the idea of expanding the TIF district, looking at the conservation overlay district, the fact that the B-3 Zoning area and Downtown Business plan for a long time, the need to look at little and big tweaks with the big tweak being removing the Neighborhood Conservation Overlay District from that area where it exists outside the Historic Preservation Overlay District and inside the B-3 Zoning area, the process related to site plan review, current issues related to constraints of building in these areas, the fact that an inventory is taking place of historic structures, the character of a block, the need of a solid guideline to base a rational decision, the fact that there was a promise of a rigorous review, the preference of a list from staff that a list is out for two weeks for review, that way it will be a robust list that the Commission can tweak, the need to continue with a review of the current design guidelines and possibly modifying them, and the fact that this could be done quickly and before the current study is finished. 09:03:53 PM Motion that staff return with a series of potential reforms to the Conservation Overlay Guidelines that apply in the B-3 district. Commissioner- Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 09:04:06 PM Commission Discussion on the Motion Cr. Andrus clarified that we are talking about the design guidelines. Mayor Krauss clarified that the motion encompasses to allow the Downtown District outside the Historic core, to accommodate contemporary development of greater height Page 10 of 11 March 16,2015 Bozeman City Commission Minutes and density. He is interested in achieving what we have adopted as the Community Plan and the Downtown Business Plan and the entitlements of B-3 outweighing these things that are keeping us from doing it right now and keeping investors away. Cr. Mehl clarified that this gives greater flexibility. 09:06:13 PM Vote on the Motion that staff return with a series of potential reforms to the Conservation Overlay Guidelines that apply in the B-3 district. Commissioner- Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd Manor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Absent Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve I. 09:06:42 PM FYI/Discussion 09:07:13 PM Legends HOA concerns from Public Comment The Commission agreed that they would like some kind of response to this concern. They urged staff to send a brief email updating them on the issue. 09:07:45 PM Legislative Bill updates 09:09:50 PM Cr. Andrus absent on March 23`a J. 09:10:21 PM Adjournment Mayor Krauss adjourned the meeting at 9:10 p.m. Jeffrey K.Krauss Mayor OF 130 EST: ° :St ng3Ulmq'n CMC = ,Gity.Clerk rw CuPREPARED BY: Stacy Ulmen,CMC Approved on: I CCity Clerk Page 11 of 11