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HomeMy WebLinkAbout11-02-2015 Archive City Commission Minutes t Y_ I i THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,November 2,2015 Mayor- Jeff Krauss: Present Deputy Mayor- Carson Taylor: Present Commissioner- Chris Mehl: Present Commissioner- Cynthia Andrus: Present Commissioner-I-Ho Pomeroy:Present City Staff Present: Chris Kukulski, City Manager, Greg Sullivan, City Attorney, and Pearl Michalson,Deputy City Cleric. f A. 06:00:40 PM Call to Order Mayor Krauss called the meeting to order at 6:00 PM. E 4 B. 06:01:30 PM Pledge of Allegiance and a Moment of Silence j i C. 06:01:46 PM Changes to the Agenda !' Mayor Jeff Krauss asked if there were any changes to the agenda. There were no changes to the agenda. l D. 06:02:09 PM Consent s 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) No 2. Authorize the City Manager to open the City of Bozeman Strategic Plan Request for Proposals for Advertising as Revised per Commission Action from the October �I!I 26,2015 City Commission Meeting(Kukulski) U I 3. Award Bid to Neo Solutions and Authorize the City Manager to sign a Purchase Agreement to Supply NS4413 Polymer for a Year at a Cost of$1.64 Per Pound for the Bozeman Water Reclamation Facility(Bartle) %144 Ft i I Bozeman Co Commission Minutes,November 2,2015 4. Resolution 4652, Application for a Big Sky Economic Development Trust Fund Program Administered by the Montana Department of Commerce on Behalf of DropTrip Inc. (Fontenot) N4+ 5. Resolution 4653, Relating to the Application to the Big Sky Economic Development Trust Fund Program Administered by the Montana Department of Commerce, on behalf of Montana Meat Company,Inc. (Fontenot) a 6. Termination of a Real Property Lease Agreement between City of Bozeman (Lessor)and State of Montana(Lessee)for 47.013 acres of City Property,tract GL- 1 as Depicted on Gallatin County Certificate of Survey(COS)No. 1221 (Overton) Na 7. Amendment 2 to a Professional Services Agreement with Robert Peccia and Associates for the Baxter/Davis Intersection Improvements Project(Murray) %a 8. Memorandum of Understanding (MOU) with DMC Properties LLC Related to Construction for the North 7th Lighting and Sidewalk Project(Fine) tja 9. Public Access and Street Lighting Easement with DMC Properties, LLC for the North Seventh Urban Renewal District' Street Lighting and Sidewalk Project(Fine) Na 10.Martin Solar Certificate of Appropriateness to Install Solar Panel on the South West Portion of the Roof of the Home at 402 West Koch Street, Application 15501 (Saunders) tlt 3 06:02:19 PM City Manager, Chris Kukulski reviewed consent items 1-10. 06:04:13 PM Public Comment on Consent Items Mayor Krauss opened public comment on the Consent Items. No person commented. Mayor Krauss closed public comment. 06:04:25 PM Motion and Vote to approve Consent Items 1-10 as submitted. Deputy Mayor-Carson Taylor: Motion Commissioner- Chris Mehl: 2nd Maoef Krauss:Approve Deputy Mayor-Carson Taylor:Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve E. 06:05:06 PM Public Comment Mayor Krauss opened public comment. There was no public comment. Public comment was closed. Page 2 of 11 Bozeman City Commission Minutes,November 2,2015 F. 06:05:44 PM Action (terns 1. 06:05:53 PM A Site Plan and Conditional Use Permit Application to Allow the Construction of Two Apartment Buildings with a Total of 48 Dwelling Units with a Public Park, Associated Parking and Site Improvements, and with Conditional Uses Proposed Including Establishment of a Residential Use on the Ground Floor and Proposed Building Height Increase of 10%Above the Base Maximum Building Height in the B-2 Zoning District, Remington Apartments, Application 15433 (Quasi-Judicial) (Davis) Na 06:06:05 PM Staff Presentation Staff Planner Heather Davis gave a staff presentation on A Site Plan and Conditional Use Permit Application to Allow the Construction of Two Apartment Buildings with a Total of 48 Dwelling Units with a Public Park,Associated Parking and Site Improvements, and with Conditional Uses Proposed Including Establishment of a Residential Use on the Ground Floor and Proposed Building Height Increase of 10% Above the Base Maximum Building Height in the B-2 Zoning District, Remington Apartments, Application 15433. Ms. Davis talked about the building height in the proposed site layout.Parkland dedication was discussed as well as received public comment, the impact of the project as well as the recommendation of the staff based on these findings. 06:19:59 PM Commission questions for Staff Cr. Pomeroy asked about the building height above the 10% of the allowed height as well as operation and management costs. Deputy Mayor Taylor asked staff for clarification on the purpose of the 44 foot height rule. 5 Cr.Mehl asked staff to clarify for the public; the purpose of the B2 zoned classification to which the staff responded in detail. Conditions of approval, traffic plans, and trash requirements were also discussed by staff. 06:30:23 PM Applicant Presentation The Applicant Representative requested that the Commission approve their application for residential use on the main level with an increase of 10% in height and requested support and approval of parkland use. The applicant also proposed high density mixed uses in order to allow the lower levels to be used in a commercial way in the future. The applicant also addressed public comment concerns by revising their plan in order to accommodate those concerns. The applicant stated that an alternate site plan could be drafted as well however,the difference would be the loss of spaces and parking and access per the change in the plan. 06:37:26 PM Development Team Mark Esponda and Dick Anderson addressed the Commission briefly. 06:38:29 PM Commission questions for the Applicant and Development Team Cr. Pomeroy asked about operation cost, maintenance cost and rental cost of the units. The cost of utilities and parkland was discussed at length. Landscaping was also discussed as well by the applicant i i Page 3 of 11 E Bozeman City Commission Minutes,November 2,2015 Cr.Andrus asked about the traffic impact study to which the applicant stated that they would have a final draft by the end of the week. Deputy Mayor Taylor asked about what needed to happen in order for the lower levels to convert to commercial property. The applicant answered the question in detail. Cr. Mehl asked for clarification with the number of units that the applicant and team were proposing. 06:48:02 PM Public Comment Mayor Krauss opened public comment. 06:48:14 PM Eric Sutherland,Public Comment Mr. Sutherland stated that the height was a concern because the homes to the north would be impacted and the height should not be granted. Mixed use was also a concern to him. 06:50:25 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 15433 and move to approve the Remington Apartments Park Plan, and accept the provision of improvements in-lieu parkland dedication as meeting the required parkland dedication. Commissioner- Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 06:51:40 PM Commission discussion on the Motion Cr.Mehl supported the motion and explained why. Cr. Pomeroy supported the motion and explained why. Cr.Andrus supported the motion and explained why. Deputy Mayor Taylor supported the motion and explained why. 06:53:49 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 15433 and move to approve the Remington Apartments Park Plan, and accept the provision of improvements in-lieu parkland dedication as meeting the required parkland dedication. 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-1-Ho Pomeroy: Approve Page 4 of 11 Bozeman City Commission Minutes,November 2015 06:54:27 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 15433 and move to approve Remington Apartments Site Plan and Conditional Use Permit to allow residential uses on the ground floor, and to allow a proposed building height increase to a maximum of 48.4 feet with recommended conditions and subject to all applicable code provisions. Commissioner- Chris Mehl: Motion Commissioner—I-Ho Pomeroy: Second 06:54:36 PM Commission discussion on the Motion Cr.MehI talked about growth in the city and discussed changes were happening in the long term. The zoning was discussed in detail as well as what has happened in the past. ! Cr. Pomeroy talked about the cost of affordable housing as well as the high density. Cr.Andrus talked about supporting the project,as well as the proximity to MSU. Deputy Mayor Taylor talked about the effect of the property and its conditions as well as why he supported this project. Mayor Krauss talked about reasons why he supported the project as well as multi-level development. 07:05:53 PM Vote on the 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 reportfor application 15433 and move to approve Remington Apartments Site Plan and Conditional Use Permit to allow residential uses on the ground floor, and to allow a proposed building height increase to a maximum of 48.4 feet with recommended conditions and subject to all applicable code provisions. Commissioner- Chris Mehl:Motion Commissioner-I-Ho Pomeroy: 2nd Mayor-Jeff Krauss: Approve I Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cyntlria Andrus:Approve Commissioner-I-Ho Pomeroy:Approve 2. 07:06:10 PM A Zoning Variance Application to Allow the Establishment of a Medical Marijuana Dispensary Less Than 1,000 Lineal Feet from a School Facility as Required by Section 38.22.220.A, BMC., 411 West Mendenhall Street, KannaKare Health Sei vices, Application 15434 (Quasi-Judicial)(Rogers) Ma 07:06:23 PM Staff Presentation Staff Planner Tom Rogers gave a presentation on a Zoning Variance Application to Allow the Establishment of a Medical Marijuana Dispensary Less Than 1,000 Lineal Feet from a School Facility as Required by Section 38.22.220.A, BMC., 411 West Mendenhall Street, KannaKare Health Sei vices,Application 15434, Mr. Rogers went into detail and explained the maps that Page 5 of 11 if 't I Bozeman City Commission Minutes,November 2,2015 showed the location of the proposed business and the areas located around it as well as reasons why staff felt that they could not approve this application. 07:12:01 PM Commission questions for Staff Cr.Taylor asked staff to clarify the 1000 foot rule concerning churches and schools to which the staff responded in detail. 07:13:09 PM Applicant Presentation The Applicant Representative gave the history of the proposed building. The applicant also stated that based on where they are located right now in the medical arts had been successful, but there were issues with ventilation which was one of the reasons for requesting relocation per the application. The current proposed location to have a medical cannabis business across from the elementary school was discussed. Financial hardship as well as the vision for the business was discussed. 07:18:33 PM Commission questions for the applicant Cr.Andrus asked the applicant to further clarify hardship experienced by the applicant to bring the building up to code. 07:19:41 PM Public Comment Mayor Krauss opened public comment. 07:20:01 PM Herman Watson.Public Continent Mr. Watson stated that he is a previous lawyer in California who has had previous experience in the laws concerning medical marijuana stated that he did not see the proposed location change of the business as being problematic and therefore supported the application. 07:20:53 PM Public Comment Closed Mayor Krauss closed public comment. 07:20:59 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 I5-434 and move to approve the KannaKare Health Services variance with conditions and subject to all applicable code provisions. Commissioner-1-Ho Pomeroy: Motion Deputy Mayor-Carson Taylor: 2nd 07:21:48 PM Commission Discussion on the Motion Cr.Pomeroy stated that per the law does not support this application. Deputy Mayor Taylor stated that per the 1000 foot law he had reservations about placing this business close to the school, additionally the current location in medical arts made sense. Per the law, this is why he would not support this application. Cr.Andrus does not support moving it per the application. Cr.Mehl stated that he understood the concern that others had stated but a self-imposed hardship Page 6 of 11 Bozeman City Commission Minutes,November 2,2015 had not been met in order to approve this application Mayor Krauss stated that therewas no geographical hardship in order to approve this application. The Mayor also stated that he would support an amended wording to what was already in place. Mayor Krauss stated that based on the state variance and local laws the application could not be approved. 07:31:35 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 15--434 and move to approve the KannaKare Health Services variance with conditions and subject to all applicable torte provisions. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd Mayor-Jeff Krauss: Disapprove Deputy Mayor- Carson Taylor: Disapprove Commissioner-Chris Mehl: Disapprove Commissioner- Cynthia Andrus: Disapprove Commissioner-I-Ho Pomeroy: Disapprove Motion failed 0-5. 07:31:52 PM Break Mayor Krauss called for a break at 7:31 PM. 07:44:34 PM Mayor Krauss Called the meeting back to order at 7:44 PM 3. 07:44:47 PM A Preliminary Site Plan,Certificate Appropriateness,and Conditional Use Permit for On Premise Alcohol Consumption, and Certificate of Appropriateness Applications for the Construction of a 90 Room Hotel with a Height Deviation,Parking Lot and Related Site Improvements, Springhill Suites, Application 15400 (Quasi-Judicial) (Rogers) 'Na E 07:45:11 PM Staff Presentation Staff Planner Tom Rogers gave a presentation on the proposed Preliminary Site Plan, Certificate Appropriateness, and Conditional Use Permit for On Premise Alcohol Consumption, and Certificate of Appropriateness Applications for the Construction of a 90 Room Hotel with a Height Deviation, Parking Lot and Related Site Improvements, Springhill Suites,Application 15400. i 07:.54:42 PM Commission questions for staff Mayor Krauss asked if there were questions for staff. There were no questions for staff. Mayor Krauss asked if there were questions for the applicant. �i Page 7 of 11 Bozeman City Commission Minutes,November2,2015 07:54:57 PM Applicant Presentation The Applicant Representative stated that he understood the staff report and agreed with what was submitted. 07:55:31 PM Commission questions for Applicant Cr. Andrus asked about the EX IS material specifically where the material would be used to which the applicant explained using the maps and explained that this had a 25 year life. The loss of texture was also asked and discussed. Cr.Mehl asked if the applicant was okay with the staff report. 07:59:12 PM Public Comment Mayor Krauss opened public comment. 07:59:32 PM Erica Skinzer,Public Comment Ms. Skinger asked about the hotels in Bozeman and wondered why we needed all of them and asked if we did our homework to see if we these hotels would be used or needed. 08:00:02 PM Public Comment Closed Mayor Krauss closed public comment. 08:00:08 PM Staff response Mr. Rogers stated that we do not research the deed for the hotels in Bozeman. 08:01:33 PM Motion that having reviewed and considered the application materials, public comment, and aU the information presented, I hereby adopt the findings presented in the staff report for application 15400 and move to recommend approval of the Site Plan, Certificate of Appropriateness, and Conditional Use Permit with conditions. Commissioner-Cynthia Andrus: Motion Deputy Mayor-Carson Taylor: 2nd 08:02:01 PM Commission discussion on the Motion Cr.Andrus supported the project and stated reasons why. Deputy Mayor Taylor stated that it was up to the applicant to do the homework on whether the city needed another hotel and based on the design and the fact that the applicant was within the conditions of the permit,Deputy Mayor Taylor supported the project. Cr.Mehl stated that he supported the project as well and stated reasons why. Cr. Pomeroy stated that the market should decide the hotel need and because of that, supported the project. Mayor Krauss stated that the hotels that fit the guidelines and investors that wanted to invest in our city was a good thing and saw this as a few of the reasons why he supported the project. Page 8 of 11 Bozeman City Commission Minutes,November 2,2015 08:07:29 PM Vote on the 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 reportfor application 15400 and move to recommend approval of the Site Plan, Certificate ofAppropriateness, and Conditional Use Permit with conditions. Commissioner-Cynthia Andrus: Motion Deputy ayor-Carson Taylor: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Taylor: pprove Commissioner-Chris Mehl: Approve Commissioner-Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve it r r, 4. 08:07:50 PM Provisional Adoption of Ordinance 1925, Amending the North Seventh Urban Renewal District Established by Ordinance No. 1685,Establishing the Bozeman Midtown Urban Renewal Area, Creating the Bozeman Midtown Urban Renewal District, and Adopting the Bozeman Midtown Urban Renewal District Plan with a Tax Increment Financing Program Pursuant to Title 7, Chapter 15, Part 42 and 43 of the Montana Code Annotated, and Amending Section 2.05.1830, BMC, Regarding Urban Renewal, Tax Increment, and Economic Development District Boards(Fine) Na 08:08:58 PM Staff Presentation Economic Development Specialist David Fine gave a presentation on the Provisional Adoption of Ordinance 1925,Amending the North Seventh Urban Renewal District Established by Ordinance No. 1685, Establishing the 'Bozeman Midtown Urban Renewal Area, Creating the Bozeman Midtown Urban Renewal District, and Adopting the Bozeman Midtown Urban Renewal District Plan with a Tax Increment Financing Program Pursuant to Title 7, Chapter 15,Part 42 and 43 of the Montana Code Annotated, and Amending Section 2.05.1830, BMC, Regarding Urban Renewal, Tax Increment, and Economic Development District Boards. Mr. Fine went into detail about the goals and strategies of the urban renewal district plan in detail. I 08:13:07 PM Commission questions for Staff Mayor Krauss asked if there were questions for staff. There were no questions for staff. 08:13:17 PM Public Comment Mayor Krauss opened public comment 08:13:32 PM Mary Palle,Public Comment Ms.Palfie stated that she had farming concerns when it came to the rise of taxes. Ms.Palfie stated that she did speak with David Fine and that transportation was an issue as well. Page 9 of 11 Bozeman City Commission Minutes,November2,2015 08:16:53 PM Erica Skidra,Public Comment Ms. Skidra stated that she has lived in the mobile homes located next to the proposed north 7th district for 18 years. She stated that she wanted to know how the project would affect people's health and on a positive side, that there was a beautiful walk behind the k-mart area and was concerned that the changes would affect that character in that area. 08:21:11 PM Public Comment closed Mayor Krauss closed public comment. 08:21:38 PM Staff response to Public Comment Mr. Fine stated that the 8th street right of way was not a part of the proposed project at this time. 08:23:00 PM Motion that having reviewed and considered the text of the ordinance, public comment, the recommendations of the Planning Board and the North Seventh Urban Renewal Board,and all the information presented,I hereby move to provisionally adopt Ordinance 1925. Deputy Mayor- Carson Taylor: Motion Commissioner- Chris Mehl: 2nd 08:23:16 PM Commission Discussion on the Motion Deputy Mayor Taylor stated that the city's tools were limited and the downtown TIF and urban renewal TIF was beneficial because a lot of changes could not happen without them.Deputy Mayor Taylor stated that the urban renewal board meetings were open to the public and stated that he tools the public comment seriously when all issues are considered. 08:26:20 PM Friendly Amendment to Change Sections 12 & 13 of the proposed Ordinance by renaming the North Seventh Avenue Urban Renewal Board to the Bozeman Midtown Urban Renewal Board. Cr.Mehl made a friendly amendment to Change Sections 12& 13 of the Proposed Ordinance by renaming the North Seventh Avenue Urban Renewal Board to the Bozeman Midtown Urban Renewal Board. Deputy Mayor Taylor agreed to this Friendly Amendment. 08:27:01 PM Continued Commission discussion on the Motion Cr.Mehl talked about the boundaries and imminent domain in detail Mayor Krauss supported this ordinance and provided reasons why in detail. Cr. Pomeroy also supported this district change and gave reasons in detail. Cr. Andrus also supported this district change and gave reasons in detail. 08:32:44 PM Vote on the Motion that leaving reviewed and considered the text of the ordinance, public comment, the recommendations of the Planning Board and the North Seventh Urban Renewal Board, and all the information presented, I hereby move to provisionally adopt Ordinance 1925 with the Friendly Amendment to Change Sections 12 & 13 of the proposed Page 10 of 11 Bozeman City Commission Minutes,November 2,2015 Ordinance by renaming the North Seventh Avenue Urban Renewal Board to the Bozeman Midtown Urban Renewal Board DeputI 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 Commissioner-I-Ho Pomeroy: Approve G. 08:32:54 PMFYT/Discussion i Deputy Mayor Taylor stated that there would be a meeting at Willson Hall on Tuesday, November 3,2015 at 2:30 there will be a discussion about proposing am indigenous people's day along with the Christopher Columbus day. Chris Kukulski stated that the city buildings are opened on that day. Also that on November the 5'h at 6pm we will be talking about infill and affordable housing. City hall will be open until 8PM tomorrow to submit your ballots in order to be counted in time for the election. The NCOD public meeting was discussed in detail Wendy Thomas discussed building code certifications and the impact that the company that had reached out to Mayor Krauss thought this might have on buildings in business. j Chris KukuIs1d explained in detail about the Insurance industry analysis (ISO). Insurance rates were also discussed by Wendy Thomas as well. H. 08:41:34 PM Adjournment Mayor Krauss Adjourned the meeting at 08:41 PM. iY' I `P effrcy K.Krauss Mayor ULnen, CMC City Cleric k PREPARED BY: �I Pearl Michalson Deputy City Clerk d Zvi Approved on: _ ti t"/! a Page 11 of 11