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HomeMy WebLinkAboutArchive September 28, 2015 City Commission Minutes B(?2�� s�` = 8 ��e THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, September 28, 2015 Mayor - Jeff Krauss: Present Deputy Mayor- Carson Taylor: Present Commissioner- Chris Mehl: Present Commissioner- Cynthia Andius: Present f Commissioner- I-Ho Pomeroy: Present Staff Present: Assistant City Manager Chuck Winn, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. A. 06:00:18 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. 06:00:21 PM Pledge of Allegiance and a Moment of Silence C. 06:01:12 PM Changes to the Agenda Assistant City Manager Winn stated that there is a title change in Consent 7 and should include the word Zoning. i D. 06:01:45 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) ❑ 2. Amendment 1 to a Professional Services Agreement for Capital Improvements Project Field Survey with Gaston Engineering and Surveying P.C. (Heaston) a 3. Amendment 1 to a Professional Services Agreement with Robert Peccia and Associates for the 5.3 Million Gallon (MG) Water Storage Reservoir Project (Murray) 'Ma 4. Professional Services Agreement with Creative Breakthroughs, Inc. for the Purchase and Implementation of E-Discovery Software Platform (Stambaugh) a Page 1 of 13 September 28,2015,City Commission Minutes 5. Findings of Fact and Order, Little Tree Subsequent Minor Subdivision Preliminary Plat 15354 (Davis) to 6. Memorandum of Agreement with the Human Resources Development Council of District Nine, Inc., (HRDC) to install High Efficiency Toilets, Showerheads and Lavatory Faucet Aerators in 51 HRDC Properties in order to Reduce Water Consumption and further Water Demand Reduction Goals established by the Water Conservation Program (Leoniak) 11�4z 7. Provisional Adoption of Ordinance 1921, Annexing 3.889 Acres located at 2507 and 2511 North 7th Avenue and Authorization of the City Manager to sign the Finalized Agreement for the Murdoch's Annexation, Application 15240 (Saunders) Ma 8. Resolution 4628, Annexing 3.889 Acres located at 2507 and 2511 North 7th Avenue and Authorization of the City Manager to sign the Finalized Agreement for the Murdoch's Annexation, Application 15240 (Saunders) to 9. Summit Housing Group, Inc's Request for a Letter of Support from the City to the Montana Board of Housing (Low Income Housing Tax Credit Program) for the Property Located at the Northwest Corner of Tschache Lane and North 27th Avenue (Thomas) lna 10. Agreement for Access to Storm Sewer System and a Public Access Easement for 5 West Mendenhall Mixed Use Development (Kohtz) V�a 11. Award bid to Jack's Truck & Equipment for the Purchase of Two AutoCars with Heil Packers, in the amount of$520,748.34, which includes Options determined by City Staff(Handelin) n4z 06:01:52 PM Assistant City Manager Overview of Consent Items as submitted Mr. Winn gave an overview of each Consent items. 06:04:38 PM Commission questions for staff The Commission and Staff discussed Consent Item number 10 and the need to have the access to the Storm Sewer System. 06:06:35 PM Public comment Mayor Krauss opened public comment on the Consent agenda, No person spoke. Mayor Krauss closed public comment. 06:06:56 PM Motion and Vote to approve Consent Items 1-11 as submitted. Commissioner- Cynthia Andrus: Motion Commissioner- Chris Mehl: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Page 2 of 13 September 28,2015,City Commission Minutes Commissioner-I-Ho Pomeroy: Approve E. 06:07:18 PM Public Comment Mayor Krauss opened general public comment. 06:07:47 PM Marilee Broivn,Public Comment Ms. Brown spoke regarding the MDT speed study on Frontage Road. She has concerns with the road way past all of the City Property by Nelson Road up to 7th Street. 06:10:30 PM Terry Hall,Public Comment Ms. Hall spoke regarding the 50 mph speed limit on Frontage Road. She has concerns with the roadway and asked the Commission to weigh in on the Study. 06:12:27 PM Ralph Zimmer,Public Comment Mr. Zimmer spoke regarding Action Item 5 and asked for support. 06:13:53 PM Public Comment Closed Mayor Krauss closed public comment. F. 06:13:57 PM Action Items 1. 06:14:02 PM Resolution 4635, Annual Lighting Assessments for Fiscal Year 2016 (Rosenberry) Ma I, 06:14:19 PM Staff Presentation Administrative Services Director Anna Rosenberry gave her staff presentation regarding Resolution 4635, Annual Lighting Assessments for Fiscal Year 2016. 06:15:43 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 06:15:52 PM Motion and Vote to approve Resolution 4635, Annual Lighting Assessments for Fiscal Year 2016. 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 Page 3 of 13 September 28,2015,City Commission Minutes 2. 06:16:14 PM A Preliminary Site Plan and Conditional Use Permit (CUP) with Cash in Lieu of Parkland Dedication Request Application to allow the Construction of a 195,163 square foot Community Residential Facility that includes 80 independent Senior Living Dwelling Units, 68 Assisted Living Units, 24 Memory Care Units and Associated Parking and Site Improvements, The Springs at Bozeman,Application 15369 (Quasi-Judicial) (Krueger) Ma 06:16:34 PM Staff Presentation Staff Planner Brian Krueger gave the staff presentation regarding A Preliminary Site Plan and Conditional Use Permit (CUP) with Cash in Lieu of Parkland Dedication Request Application to allow the Construction of a 195,163 square foot Community Residential Facility that includes 80 independent Senior Living Dwelling Units, 68 Assisted Living Units, 24 Memory Care Units and Associated Parking and Site Improvements, The Springs at Bozeman, Application 15369. 06:30:18 PM Commission questions for Staff The Commission and staff discussed the courtyard and its size, what the Municipal Code allows, parking spaces, who will use the parking spaces, the alcohol service and the conditions that will apply to this, safety, routes, the existing water course, the height relaxation and the question of eliminating the height rule, heights of other buildings in this zoning designation, mixing commercial and residential together, the park land equivalent and the amount of the cash-in-lieu, the calculation in state law, bicycle parking, the amount of the Conditional Use requests, and the Municipal Code citation related to CUPS. 06:47:46 PM Applicant Presentation The Applicant Representative gave the applicant presentation regarding A Preliminary Site Plan and Conditional Use Permit (CUP) with Cash in Lieu of Parkland Dedication Request Application to allow the Construction of a 195,163 square foot Community Residential Facility that includes 80 independent Senior Living Dwelling Units, 68 Assisted Living Units, 24 Memory Care Units and Associated Parking and Site Improvements, The Springs at Bozeman, Application 15369. 06:53:58 PM Commission questions for the Applicant The Commission and Applicant discussed Cash in Lieu, improvements in the existing parkland area,the resident crossing area, and crosswalk locations. 07:01:09 PM Public Comment Mayor Krauss opened public comment. No comment. Mayor Krauss closed public comment. 07:01:19 PM Motion that having considered the information provided by staff, considered public comment, and considered all of the information presented, I hereby adopt the findings included in the staff report for application 15369 and accept the provision of cash in lieu parkland dedication as meeting the required parkland dedication. Page 4 of 13 September 28,2015,City Commission Minutes Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy. 2nd 07:01:50 PM Commission Discussion on the Motion Deputy Mayor Taylor stated that he is not sure how we do it any differently in this case. Cr. Pomeroy stated that we don't have any control and have to follow state law. 07:04:23 PM Vote on the Motion that having considered the information provided by staff, considered public comment, and considered all of the information presented, I hereby adopt the findings included in the staff report for application 15369 and accept the provision of cash in lieu parkland dedication as meeting the required parkland dedication. Deputy Mayor- Carson Taylor: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: pprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 07:11:20 PM Break Mayor Krauss declared a break. 07:23:18 PM Meeting Called back to order Mayor Krauss called the meeting back to order. 3. 07:23:38 PM A Conditional Use Permit (CUP) to allow a Single Household Residence to be operated as a Vacation Home (classified as "Extended Stay Lodging" in the R-1 Zoning District), which would Permit the Residence to be Rented for less than 30 days at a time on Property located at 624 South Willson Avenue, South Wilson Extended Stay, Application 15380 (Quasi-Judicial) (Davis) Lea 07:23:56 PM Staff Presentation Staff Planner Heather Davis gave the Staff Presentation regarding A Conditional Use Permit CUP to allow a Single Household Residence to be operated as a Vacation Home classified as (CUP) g p ( "Extended Stay Lodging" in the R-1 Zoning District), which would Permit the Residence to be Rented for less than 30 days at a time on Property located at 624 South Willson Avenue, South Wilson Extended Stay, Application 15380. 07:30:29 PM Commission Questions for Staff The Commission and Staff discussed CAP timeframes, the occupancy rate per the building code, the physical environment,prior applications of this manner, bed and breakfasts in the area of this Page 5 of 13 I' September28,2015,City Commission Minutes application, operation of a vacation rental, inconsistencies of the nature of the neighborhood, other applications of denied CUPS and parking spaces. 07:42:33 PM Applicant Presentation The Applicant gave their presentation regarding A Conditional Use Permit (CUP) to allow a Single Household Residence to be operated as a Vacation Home (classified as "Extended Stay Lodging" in the R-1 Zoning District), which would Permit the Residence to be Rented for less than 30 days at a time on Property located at 624 South Willson Avenue, South Willson Extended Stay, Application 15380. 07:49:28 PM Commission questions for the Applicant The Applicant and Commission discussed how much the Applicant will be present, contact with the neighborhoods,the conditions in the staff report and the 16 guest amount. 07:52:15 PM Public Comment Mayor Krauss opened public comment. 07:52:35 PM Del Williams,Public Comment Mr. Williams spoke regarding the rentals in the area and that the applicant has done the right thing. 07:55:31 PM Jane Klockman,Public Comment Ms. Klockman stated that she was not aware of a letter from the Applicant and spoke regarding Willson Avenue and said that she is opposed to this application. The Willson code is R-1 and designations are given for a reason. 08:03:41 PM Sharon Lauren,Public Comment Ms. Lauren spoke regarding the recent sales of homes in the area and now they are vacation rentals. She spoke regarding the improvements in the area and her purchase of the property near the applicant. She asked that the neighborhoods be kept as neighborhoods. 08:06:58 PM Robert Evans,Public Comment Mr. Evans opposes the CUP and spoke regarding the difficulty of keeping the fabric in the area. Neighbors have put money into their properties and the applicant has done well. He spoke regarding hardships and changes in values. He stated that this is a law. 08:10:47 PM Public Comment closed Mayor Krauss closed public comment. 08:11:04 PM Motion that leaving 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 15380 and move to approve the 624 South Willson Extended Stay Conditional Use Permit to allow a private residence to be operated as extended stay lodging with conditions and subject to all applicable code provisions. Commissioner-I-Ho Pomeroy: Motion Commissioner- Cynthia Andrus: 2nd Page 6 of 13 September 28,2015,City Commission Minutes 08:12:17 PM Commission discussion on the motion The Commission and the staff discussed code enforcement and complaints. Cr. Pomeroy stated that she understands the neighbor's concerns but feels that it is a good use and to share this with other people. Cr. Andrus stated that this CUP is allowable in R-1 and this will bring people who are interested in preserving historic structures into the community. She likes having a limit on it. Deputy Mayor Taylor stated that he appreciates the historic preservation with this house. Deputy Mayor Taylor spoke regarding the amount of people and feels there will not be an impact on adjacent properties. He appreciates that the applicants did do what they should do. Deputy Mayor Taylor spoke regarding complaint driven enforcement. Mayor Krauss spoke regarding complaints. He has an issue of the illegal vacation rentals out there. He feels that 12 people is a lot. He likes the idea of this stopping when ownership changes. Cr. Mehl spoke regarding the difference of ADUs as they relate to this, the amount of rentals in the community and the reason behind them. He likes limiting to 12 people and having a 2-3 year time frame. 08:37:52 PM Amendment to the Main Motion to change the max (amount of people)from 16 to 12. Commissioner - Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd G 08:38:02 PM Commission discussion on the Amendment 08:39:02 PM Vote on the Amendment to the Main Motion to change the max (amount of people)from 16 to 12. Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Disapprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve Page 7 of 13 September 28,2015,City Commission Minutes 08:39:14 PM Amendment to the Main Motion that the CUP does not transfer when the house sells or ownership changes Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 08:39:47 PM Commission discussion on the Amendment 08:48:35 PM Vote on the Amendment to the Main Motion that the CUP does not transfer when the house sells or ownership changes Commissioner- Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Ta ly or: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 08:49:00 PM Amendment to the Main Motion that there be a review by staff in 2 years. Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd 08:49:15 PM Commission discussion on the Amendment 08:53:08 PM Friendly Amendment that a report be brought to the Commission. Cr. Andrus made a friendly amendment to the amendment that a report be brought back to the Commission. Cr. Mehl agreed to the friendly amendment. 09:04:24 PM Vote on the Amendment to the Main Motion that there be a review by staff in 2 years (with the friendly amendment) and that a report be brought to the Commission. Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Disapprove Commissioner- Chris Mehl: Approve Page 8 of 13 September 28,2015,City Commission Minutes Commissioner - Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 09:04:41 PM Continued Commission Discussion 09:11:53 PM Vote on the Main Motion as amended 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 15380 and move to approve the 624 South Willson Extended Stay Conditional Use Permit to allow a private residence to be operated as extended stay lodging with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Disapprove Commissioner- Chris Mehl: Approve F Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve (' 09:13:12 PM Break Mayor Krauss declared a break. 09:18:3 8 PM Meeting called back to order. 4. 09:18:46 PM A Planned Unit Development Concept Plan and Subdivision Pre- application review for the Proposed Modification of the West Winds Phase 5 Planned Unit Development to Modify the Approved Site Layout to Individual Lots rather than Aggregated Development, Application 15357 and 15359 (Quasi- Judicial) (Saunders) 111t5 Ma 09:18:51 PM Staff Presentation Policy and Planning Manager Chris Saunders gave the Staff Presentation regarding A Planned Unit Development Concept Plan and Subdivision Pre-application review for the Proposed Modification of the West Winds Phase 5 Planned Unit Development to Modify the Approved Site Layout to Individual Lots rather than Aggregated Development, Application 15357 and 15359. 09:41:27 PM Commission questions for Staff The Staff and Commission discussed the parking spaces, concerns related to parking, standard sidewalk size, arterial streets and sidewalk traffic, local street sidewalk sizes, boulevard and snow storage, removal of storm water, affordable housing, cash in lieu, density, townhomes, Page 9 of 13 September 28,2015,City Commission Minutes roads and standard sizes, historical streets, affordability, street tree location, swales, sidewalks on both sides of the street, ADA requirements and curb walks. 10:12:31 PM Meeting extended 15 minutes 10:13:02 PM Continued Commission questions for Staff The Staff and Commission continued to discus parking restrictions. 10:14:44 PM Applicant Presentation The Applicant representative gave the presentation for a Planned Unit Development Concept Plan and Subdivision Pre-application review for the Proposed Modification of the West Winds Phase 5 Planned Unit Development to Modify the Approved Site Layout to Individual Lots rather than Aggregated Development,Application 15357 and 15359. 10:27:27 PM Commission questions for Applicant The Applicant and Commission discussed the on street parking. 10:31:22 PM Meeting extended to 11 p.m. 10:31:51 PM Continued questions for Applicant The Commission and applicant discussed parking on both sides of the street, configuration of the townhouses, diversity of form and snow removal, the setback near Davis Lane, the boulevard trees, concerns of neighborhood problems, the need for affordability, concerns of encumbering property, flip the townhouse,the fact that this is a significant change to our street patterns, length of a temporary road and installing a woonerf in lieu. Meeting extended to 11:15 p.m. 5. 10:59:35 PM Resolution 4621,Authorizing Allocation of up to $178,106 from the Trails, Open Space and Parks Bond for the Front Street Connector Trail(Poissant) n4o 11:00:08 PM Staff Presentation Tops Manager Carolyn Poissant gave the Staff Presentation for Resolution 4621, Authorizing Allocation of up to $178,106 from the Trails, Open Space and Parks Bond for the Front Street Connector Trail. 11:08:22 PM Commission questions for staff The Staff and the Commission discussed the 30%, when work would commence and the fact that pre-design is done already. Page 10 of 13 September 28,2015,City Commission Minutes 11:10:29 PM Public Comment Mayor Krauss opened public comment. Kelly Pohl,Public Comment Ms. Pohl from the GVLT spoke in support of this item. Tom Keck,Public Comment Mr. Keck spoke in support of this item and about the fundraising efforts associated to his son's untimely death in a bike accident. 11:15:14 PM Public Comment closed Mayor Krauss closed public comment. 11:15:23 PM Motion that having considered public comment, materials presented by staff, and the application and supporting documents from the Gallatin Valley Land Trust, I hereby move to adopt Resolution 4621 authorizing the allocation of Trails, Open Space and Parks Bond funding for the Front Street Connector Trail project in an amount not to exceed $178,106. I Commissioner- Cynthia Andrus: Motion Commissioner- Chris Mehl: 2nd 11:15:50 PM Commission discussion on the motion Meeting extended to 11:30 p.m. 11:17:12 PM Vote on the Motion that having considered public comment, materials presented by staff, and the application and supporting documents from the Gallatin Valley Land Trust,I hereby move to adopt Resolution 4621 authorizing the allocation of Trails, Open Space and Parks Bond funding for the Front Street Connector Trail project in an amount not to exceed $178,106. Commissioner- Cynthia Andrus: Motion Commissioner- Chris Mehl: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve Page 11 of 13 September 28,2015,City Commission Minutes 6. 11:17:25 PM Appointment to the Beautification Advisory Board (Michalson) a Motion and Vote to appoint Judith Locker to the Beautification Advisory Board for the term ending June 30, 2017. Commissioner- I-Ho Pomeroy: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Ta l�pprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve G. 11:18:11 PM FYI/Discussion 1. Holiday Meeting Schedules for the Remainder of 2015 (Ulmen) The Commission decided to have meetings November 2nd , 9th, 16th and 23rd and December 7th, 14th cancel the 21St and meet the 28th for a noon meeting. 2. On October 5th there will be a closed session at 5:30p.m. 3. Reminder of am Meeting with the County on Tuesday, September 29th H. Adjournment Mayor Krauss adjourned the meeting at 11:27 p.m. Jeffrey K. Krauss Mayor 0 ! ATTEST: to°Macy Ulmen, CMC City Clerk Page 12 of 13 September28,2015,City Commission Minutes PREPARED BY: Stacy Ulmen, CMC City Clerk Approved on: sao& T7 I E c G : G I, Page 13 of 13 i