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Home My WebLink About12-14-2015 Archive City Commission Minutes THE CITY COMMISSION MEETING OF BOZEMAN,MONTANA MINUTES Monday,December 14, 201.5 Mayor-Jeff Krauss: Present Deputy Mayor-Carson Taylor: Present Commissioner- Chris Mehl: Present Commissioner-Cynthia Andrus: Present Commissioner-I-Ho Pomeroy: Present Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. A. 05:01:54 PM Call to Order—5:00 PM -Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 5:01 p.m.. j B. 05:01:56 PM Pledge of Allegiance and a Moment of Silence C. 05:02:52 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr.Kukulski stated that Consent item 7 will move to the Action item list and the FYI item i will move to the December 28, 2015 Agenda. D. 05:03:38 PM Public Service Announcement 1. City Office Closures and City Commission Meeting.Schedule for the Remainder of 2015 (Ulmen) I E. 05:05:05 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) II Um 2. Acknowledge the 2015 Annual Report from the Board of Ethics(Crough) M,4m Page 1 of 15 7 {I December 14,2015 Bozeman City Commission Minutes 3. Certification of Delinquent City Assessments to the County(Rosenberry) tfa 4. Beer and Wine License for Fuddruckers- of Bozeman, Montana to sell Beer and Wine at 2905 West Main Street(Rosenberry)ta 5. Renewals of Beer and Wine Licenses and/or Liquor Licenses for Multiple Businesses(Rosenberry) t-4+ 6. Amendment 4 to the Professional Services Agreement with Morrsion Maierle for the 2014 Wastewater Collection System Facility Plan Update(Murray) tG 7. P+efessional Services Agreement with V&-Fwath Asseeiaws for Creation e '%a *moved 8. Formal Cancelation of the December 21 st, 2015 City Commission Meeting (Ulmer) %,P 9. Resolution 4644, Amending the Fiscal Year 2016(FY16)North 7th Tax Increment Finance District Fund Budget to Include Additional Expenditures of$554,000 for Constructing a City-Owned Conduit System to Incentivize the Provision of Next Generation Fiber Optic Telecommunication Facilities by the Private Sector within the Urban Renewal District(Fine) 14m 10. Street Maintenance Fund Capital Improvement Plan(CIP) for Fiscal Years 2017- 2021 (Rosenberry) 1,43 11.Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2017-2021 (Rosenberry) to 12. Fire Impact Fee Fund Capital Improvement Plan(CIP)for Fiscal Years 2017-2021 (Rosenberry) to 13. Fire Capital and Equipment Fund Capital Improvement Plan(CIP)for Fiscal Years 2017-2021 (Rosenberry) to 14.Wastewater Fund Capital Improvement Plan (CIP) for Fiscal Years 2017-2021 (Rosenberry) 'Ma 15. Wastewater Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2017-2021 (Rosenberry) to 16. Water Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2017- 2021 (Rosenberry) 'Na 05:05:22 PM City Manager overview of the Consent Items as listed. Mr. Kukulski gave an overview of each Consent item as listed. 05:06:55 PM Commission questions for Staff regarding the Wastewater CIP item The Commission and Staff discussed where the Garfield item, also known as South University is located in the CIP. Mr. Woolard identified the item is listed as IF26. Mr. Woolard stated that Babcock and Willson are not fire ready. Mr. Woolard stated that the wiring does exist but is not operational. It is listed on unscheduled so it stays on the radar and should end up on the schedule in a year or so. Staff and the Commission discussed the methane capture listed on unscheduled. Mr. Woolard stated that this type of project does not pencil out. Page 2 of 15 December 14,2015 Bozeman City Commission Minutes 05:10:00 PM Public Comment on Consent Mayor Krauss opened public comment on the Consent items as listed. No person commented. Mayor Krauss closed public comment. 05:10:19 PM Motion and Vote to approve Consent Items 1-6 and 8-16 as submitted Deputy Mayor- Carson_Taylor: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 F. 05:10:41 PM Public Comment Mayor Krauss opened public comment. i 05:11:23 PM Derik Stronz,Public Comment Mr. Strong spoke regarding the NCOD Study. The NCOD has been meeting its purposes.Phasing is flawed. Best course of action is for the Commission to address some of the findings within the plan. Adjust the boundaries, enforce existing regulations and clarify the City's goal and have an education campaign. 05:14:52 PM Jaclyn Katz,Public Comment Ms. Katz would like full time life guards and wages increased at the swim center. Increase the hours. Use what we have before building another. She spoke regarding investing the money into the properties by the landfill.Costs are never going to end.Buy out the subdivision and the problem will end. i 05:18:19 PM Jennie Wilkinson,Public Comment Ms. Wilkinson spoke regarding her home in the NCOD area. The NCOD established guidelines serve the neighborhoods well. How much more infill can these neighborhoods absorb? 05:21:34 PM Bob Hawks,Public Comment Mr.Hawks spoke regarding the NCOD. He urged the Commission to listen to Strong's comments. Enforcement floats from the top.Have to have staff that are fully trained in historic preservation. I 05:23:19 PM Jane Klockman,Public Comment Ms. Klockman stated that if it works, don't fix it. She spoke regarding the NCOD. Need enforceable codes. Protect the integrity of Bozeman. She commended City Staff for preservation. Employ expertise of those that are interested in the vacant position.Keep the NCOD. i I r Page 3 of 15 December 14,2015 Bozeman:City Commission Minutes 05:26:47 PM Crystal Alegria,Public comment Ms. Alegria spoke regarding the NCOD. It is cumbersome but it is important to have it in this place. Ms. Alegria hopes the City can till the vacant position. An update of the historic registry needs to be done. The Bozeman historic built environment is important. Protect the resources that tell our story. 05:29:37 PM Public Comment closed Mayor Krauss closed public comment. G. 05:29:45 PM Special Presentation 1. 05:30:07 PM Downtown Comprehensive Parking Plan (Thorpe/Chris Naumann, Executive Director,Downtown Bozeman Partnership) Mr. Naumann began the presentation on the Downtown Comprehensive Parking Plan including the background. Parking Manager Thom Thorpe spoke regarding the scope of work and each of the tasks related to this plan.Mr.Thorpe then went over the project timeline. 05:35:01 PM Commission questions for Staff The Commission and Staff discussed when this will be brought back to the Commission and budget inclusions. H. 05:36:51 PM Action Items *Action Items 1,2&3 were presented and discussed collectively. 1. 05:37:01 PM Street and Curb Reconstruction Fund Capital Improvement Plan(CIP) for Fiscal Years 2017-2021 (Rosenberry) Na 2. Street Impact Fee Fund Capital Improvement Plan(CIP)for Fiscal Years 2017-2021 (Rosenberry) a 3. Arterial and Collector District Capital Improvement Plan (CIP) for Fiscal Years 2017-2021 (Rosenberry) 'Na 05:38:15 PM Collective Staff Presentation on Street and Curb Reconstruction, Street Impact Fee and Arterial and Collector District Capital Improvement Plans Public Works Director Craig Woolard began the Staff presentation for the Street and Reconstruction, Street Impact Fee and Arterial and Collector District Fund CIPs. He spoke regarding the review of Bozeman's Transportation System, a new phone app for reporting transportation items. Mr. Woolard spoke regarding impact fees and current practices and the implications of the current practices. Mr. Woolard spoke regarding proposed policy and practice changes and funding sources. He then showed proposed projects. Mr. Woolard spoke regarding Page 4of15 December 14,2015 Bozeman Cite Commission Minutes the proposed policy and practice implications and risks. The concern to him is the network and hopes that we can move away at looking at projects on an individual basis.He then showed a map of proposed CIP including intersections, streets and design. 06:15:11 PM Commission questions for Staff The Commission and staff discussed percentage methodology related to Special Improvement Districts as they relate to prior Commission action through resolution, the South Black to College cul-de-sac and that 75% will be paid by an SID however if not supported by the residents, staff will move to the next on the list,paving through the cul-de-sac,the question if sidewalks will be included and that it is the resident's responsibility and the fact that this is a policy question. The Commission and Staff discussed West Koch Street fiom 8'"to Tracy and if a stop sign is located there, criteria on round-a-bouts and signals at intersections and how they are funded,the fact that a round-a-bout is more of a substantial cost,which is a safer alternative,the 80/20 split and if there is anything above that, spending money on Arterial and Collector round-a-bouts, tapping out impact fee spending,possibilities of moratoriums,risks, the question of flexibility and functions, commuter traffic,extending Graf Street and where the traffic is coming from,triggering the South 3 d SID, the intersection of Willson, 3rd and Kagy and the use of a round-a-bout there, condemnations, analysis of lifecycle costs of signals and round-a-bouts, the impact fee statutes, the prior lawsuit related to impact fees, limitations related to existing intersections but not new intersections, changes to the policy including having a rational basis,anticipation of development that may or may not occur, commuters and how they are accounted for including in-bound trips, the fact that the out-bound trip is more difficult due to those leaving to out of city areas and people passing through, increasing contributions, paybacks and the construction multipliers, prioritization, flashing yellow lights for intersections, performance issues and the fact that these are the reasons, editing on Ferguson project,the Oak.Street project and that the County will pay a portion of this project, and that the owner of the property pays,not the jurisdictions. i 07:28:00 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 07:28:27 PM Motion to adopt the Street and Curb Reconstruction Fund Capital.Improvement Plan for Fiscal Years 2017-2021. Commissioner- I-110 Pomeroy: Motion Commissioner- Chris Mehl: 2nd 07:28:42 PM Commission discussion on the Motion Cr.Pomeroy stated that we need this. Cr.Mehl stated that it is very much needed and will be a shared responsibility. The order makes sense. Mayor Krauss stated that we are doing this democratic way. Committed for the last 12 years to a gridded system. Deputy Mayor Taylor spoke regarding a system for not letting people off the hook. Page 5 of 15 i t December 14,2015 Bozeman City Commission Minutes 07:33:51 PM Vote on the Motion to adopt the Street and Curb Reconstruction Fund Capital Improvement Plan for Fiscal Years 2017-2021. Commissioner- I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner-Chris Mehl: Approve Commissioner- C thia Andrus: A rove Commissioner- I-Ho Pomeroy: Approve 07:34:10 PM Break Mayor Krauss called for a break. 07:46:29 PM Meeting Called back to order Mayor Krauss called the meeting back to order. 07:46:41 PM Motion to adopt the Street Impact Fee Fund Capital Improvement Plan for Fiscal Years 2017-2021. Commissioner-I-Ho Pomeroy: Motion Conunissioner- Chris Mebl: 2nd 07:46:54 PM Commission discussion on the Motion 07:51:15 PM Vote on the Motion to adopt the Street Impact Fee Fund Capital Improvement Plan for Fiscal Years 2017 2021. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Disapprove Deputy Mayor- Carson Taylor: Approve Commissioner-Chris Mehl: Approve Commissioner-Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 07:51:29 PM Motion to adopt the Arterial and Collector District Capital Improvement Plan_for Fiscal Years 2017 2021. Commissioner- I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd Page 6 of 15 December14,201SBozeman City Commission Minutes 07:51:57 PM Commission discussion on the Motion 07:54:14 PM Vote on the Motion to adopt the Arterial and Collector District Capital Improvement Plan for Fiscal Years 2017 2021. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Mayor-Jeff Krauss: Disapprove Deputy Mayor-Carson Taylor: pprove Commissioner-Chris Mehl: Approve Commissioner.Cynthia Andrus: Approve Commissioner- l-Ho Pomeroy: Approve 07:54:51 PM Consent Item 7. Professional Services Agreement with Werwath Associates for Creation of Inclusionary Housing Manual and Ancillary Documents (Thomas) 07:55:01 PM Motion and Vote to approve Professional Services Agreement with Werwath Associates for Creation of Inclusionary Housing Manual and Ancillary Documents. Commissioner-Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd Mayor-Jeff Krauss: Disapprove Deputy Maur- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve -ove Commissioner-I-Ho Pomeroy: Approve j 4. 07:55:38 PM A Conditional Use Permit(CUP)Application to Allow the Expansion of the Sales and On-premise Consumption of Alcohol at 1005 West Main Street, Red Tractor Restaurant Application 15508 (Quasi-Judicial) (WerBell) %a 07:56:29 PM Staff Presentation Director of Community Development Wendy Thomas introduced Mitch Werbell as a new Planner. i Mr.Werbell gave the staff presentation for A Conditional Use Permit(CUP)Application to Allow the Expansion of the Sales and On-premise Consumption of Alcohol at 1005 West Main Street, Red Tractor Restaurant Application 15508. i 08:01:24 PM Commission questions for staff The Commission and staff discussed signs on the boulevard, the enforcement time flame lag due to not having a code compliance officer, the moving of the tractor to a parking spot and props as signs. I i Page 7 of 15 I� 1 December 74,2075 Bozeman City Commission Minutes 08:08:53 PM Applicant Presentation The Applicant representative gave their presentation on t A Conditional Use Permit (CUP) Application to Allow the Expansion of the Sales and On-premise Consumption of Alcohol at 1005 West Main Street,Red Tractor Restaurant Application 15508. 08:09:51 PM Commission questions for Applicant The Commission and Applicant discussed carding people, the lag of time for moving the tractor, the staff report conditions and the mechanical screening. 08:13:16 PM Public Comment Mayor Krauss opened public Comment. No person commented. Mayor Krauss closed public comment. 08:13:41 PM Motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in lite staff report for application 15508 and move to approve the Red Tractor Pizza On Premise Consumption of Alcohol Conditional Use Permit with conditions and subject to all applicable code provisions. Commissioner-Chris Mehl:Motion Commissioner-Cynthia Andrus: 2nd 08:14:03 PM Commission discussion on the motion 08:20:09 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 report for application 15508 and move to approve the Red Tractor Pizza On-Premise Consumption of Alcohol Conditional Use Permit with conditions and subject to all applicable code provisions. Commissioner-Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd Manor-Jeff Krauss: Approve Deputy Mayor-Carson Taylor: Approve Commissioner-Chris Mehl: Approve Commissioner-Cynthia Andrus: Approve Commissioner- 1-Ho Pomeroy: Approve 5. 08:20:29 PM A Request for an Amendment of the City Zoning Map on 34.428 Acres from BP (Business Park) to B-2 (Community Business), Located at 915 Highland Boulevard,Bozeman Health Application 15487 (Saunders) NF Page 8 of 15 December 14,2015 Bozeman City Commission Minutes 08:20:41 PM Staff Presentation Chris Saunders gave the Staff presentation regarding A Request for an Amendment of the City Zoning Map on 34.428 Acres from BP(Business Park)to B-2 (Community Business), Located at 915 Highland Boulevard,Bozeman Health Application 15487. 08:22:55 PM Commission questions for Staff The Commission and Staff discussed this being a better fit. 08:23:17 PM Applicant Presentation The Applicant Representative gave their presentation on A Request for an Amendment of the City Zoning Map on 34.428 Acres from BP (Business Park)to B-2 (Community Business),Located at 915 Highland Boulevard,Bozeman Health Application 15487. 08:24:02 PM Commission questions for Applicant The Commission and Applicant discussed the terms within the conditions. 08:24:18 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 08:24:27 PM Motion that having reviewed and considered the staff report,application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application .15487 and move to approve the Bozeman Health Zone Map Amendment with contingencies required to complete the application processing. Commissioner-Cynthia Andrus: Motion Deputy Mayor- Carson Taylor: 2nd 08:24:58 PM Commission discussion on the Motion 08:27:38 PM Vote on the Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I Hereby adopt the findings presented in the staff report for application 15487 and move to approve the Bozeman Health Zone Map Amendment with contingencies required to complete the application processing. E Conunissioner- 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 j Commissioner-I-Ho Pomeroy: Approve 1 6. 08:27:55 PM A Request for Annexation of 0.9093 Acres and .26 Acres of Right of Way for Thomas Drive and an Amendment of the City Zoning Map for the r i Page 9 of 15 December 14,2015 Bozeman City Commission Minutes Establishment of a Zoning Designation of R-4 (High Density Residential District), Located at 1163 Thomas Drive, George Smith Application 15430(Saunders) 'n4m 08:28:10 PM Staff Presentation Mr. Saunders gave the staff presentation regarding A Request for Annexation of 0.9093 Acres and .26 Acres of Right of Way for Thomas Drive and an Amendment of the City Zoning Map for the Establishment of a Zoning Designation of R-4(High Density Residential District),Located at 1163 Thomas Drive, George Smith Application 15430 (Saunders) U3 08:33.18 PM Commission questions for Staff The Commission and Staff discussed the existing platted right-of-way and affordable housing. 08:36:22 PM Applicant Presentation and Commission questions The Applicant and the Commission discussed the terns. 08:37:19 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 08:3 7:3 7 PM Motion that having reviewed and considered the staff report,application materials, public comment, and all information presented, I Hereby adopt the findings presented in the staff report for application 15430 and move to approve the George Smith Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Deputy Mayor- Carson Taylor:Motion Commissioner- I-Ho Pomeroy: 2nd 08:38:01 PM Commission discussion on the motion. 08:39:46 PM Vote on the Motion that leaving reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 15430 and move to approve the George Smith Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. .Deputy Mayor- Carson Taylor; Motion Commissioner - I-Ho Pomeroy 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Tq •lo�pprove Coirmussioner- Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve Page 10 of 15 December 14,2015 Bozeman:City Commission Hinutes 08:40:05 PM Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff reportfor application 15430 and move to approve the George Smith Annexation Zone Map Amendment with contingencies required to complete the application processing. Deputy Mayor- Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd 08:40:31 PM Commission discussion on the Motion 08:41:32 PM Vote on the Motion that leaving reviewed and considered the staff report, application materials, public comment, and all information presented, I Hereby adopt the findings presented in the staff report for application 15430 and move to approve the George Smith Annexation Zone Map Amendment with contingencies required to complete the application processing. Deputy Mayor-Carson Taylor: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Jeff Krauss: Approve Depujy MU or- Carson Taylor: Approye Commissioner- Chi-is Mehl:Approve Commissioner- Cynthia Andrus: Approve Conunissioner- I-Ho Pomeroy: Approve 7. 08,41:53 PM Provisional Adoption of Ordinance 1929, Exchange of Property with MT Larkspur LLLP to Realign a Park Boundary with no Net Change in City Ownership of Property(Saunders) to 08:43:08 PM Staff Presentation Mr. Saunders gave the Staff Presentation regarding the Provisional Adoption of Ordinance 1929, Exchange of Property with MT Larkspur LLLP to Realign a Park Boundary with no Net Change in City Ownership of Property 08,45:43 PM Commission questions for Staff The Commission and Staff discussed the definition of LLLP. ' 08:46:29 PM Applicant Presentation The Applicant representative gave the presentation for the Provisional Adoption of Ordinance 1929,Exchange of Property with MT Larkspur LLLP to Realign a Park Boundary with no Net Change in City Ownership of Property. 1 08:47:41 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. Page 11 of 15 December 14,2015 Bozeman City Commission Minutes 08:47:55 PM Motion that having conducted a public hearing on tl:e ordinance, considered this, staff memo, written and spoken public testimony, the content of Ordinance 1929 and findings articulated by the Commission during discussion, I hereby move to provisionally adopt Ordinance 1929 authorizing the City Manager's signature, upon expiration of the 30 day effective period, on the attached exchange agreement and authorizing the City Manager's signature on the subdivision exemption to exchange property with MT Larkspur LLLP. Commissioner- I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd 08:48:38 PM Commission discussion on the Motion 08:50:26 PM Vote on the Motion that having conducted a public hearing on the ordinance, considered this,staff memo, written and spoken public testimony,the content of Ordinance 1929 and findings articulated by the Commission during discussion, I hereby move to provisionally adopt Ordinance 1929 authorizing the City Manager's signature, upon expiration of the 30 day effective period, on the attached exchange agreement and authorizing the City Manager's signature on the subdivision exemption to exchange property with MT Larkspur LLLP. Commissioner- I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Ta l�pprove Commissioner-Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 08:50:45 PM Break Mayor Krauss declared a break. 09:04:40 PM Call back to order Mayor Krauss called the meeting back to order. 8. 09:04:54 PM Neighborhood Conservation Overlay District Evaluation Report (Saunders) I%4z 09:05:04 PM Staff Presentation Mr. "Thomas began the Staff presentation for the Neighborhood Conservation Overlay District Evaluation Report. She then introduced the Team for this project. John How with KLJ gave the staff presentation on the NCOD Report. He gave an overview including what has been done to date, an analysis, a draft plan and final recommendations. He went over the process and approach and looking at Historic Preservation, Affordable Housing, Infill Analysis, Accessory Dwelling Units, UDC Deviations, a map showing Deviations, Demolitions, COAs, Parking and VRBO, Design Guidelines,Recommendations,and Implementation Matrix, Page 12 of 15 December 14,2015 Boze»ran City Commission Minutes 09:41:32 PM Commission questions for Staff. The Commission and Staff discussed about the reasoning behind changing the NCOD when it was already established in the past including flexibility,encouragement of retail,the comparison cities used in the study and why these are good examples, the difference of a self district and historical district,building staff inclusion, decisions on penalties, design districts and vacant parcels. 09:56:37 PM Rules suspended to 10:30 p.m. Mayor Krauss suspended the rules to 10:30 p.m. 09:57:00 PM Continued Commission questions for Staff. The Commission and Staff discussed areas that may not be worth preserving and the fact that this needs more refining, sub areas and how to do this without an updated survey and the cost and time for doing this,mass and scale, form base, what is being preserved,the district specific guidelines, character of the neighborhoods, affordable housing and triggers/markers, protecting the neighborhood character and zoning etc, prevention from this being inclusionary zoning, conversion of housing in B-3 to businesses, the size of the City playing a part in the creation of specific districts and prevention of these guidelines playing a part in inclusionary zoning. 10:25:50 PM Rules suspended to 10:40 Mayor Krauss suspended the rules to 10:40 p.m. 10:26:03 PM Public Comment Mayor Krauss opened public comment. 10:26:08 PM Kathy Powel,Public Comment Ms. Powel wondered if the NCOD needs revising,looks like some areas would benefit from this, but overall it seems that the NCOD has worked. She spoke regarding remodels in her block. Continue to emphasize the historic nature.Her concern of phasing out the NCOD and that there is a leap of faith on defining the districts. Her other concern is costs and if the City will have staff. Encouraged the Commission to be cautious. Look at the current NCOD, and look at the entry design corridors. I 10:31:40 PM Public Comment closed Mayor Krauss closed public comment. 10:32:11 PM Commission discussion on the Motion Cr. Andrus stated that she thinks it is important to look at the overlay district. She agrees with Ms. Powel's comment that whatever is put into place will have whatever the NCOD had. In her mind when you preserve things sometimes you can say what it is and sometimes you can't. May need to look a little harder at identifying these sorts of things. She is in favor of the inventory.The Historic Preservation hire,this needs to be their priority. Some kind of overarching with the filter on top with guidelines, flexibility but in the end these are what they area. She wants a further discussion later on. 10:36:52 PM Meeting suspended to 10:55 p.m. Cr.Mehl sees this as a large area. He solutes the effort. There is a point in reviewing things once in a while. Neighborhoods with minimal change. Interest in mass and scale in transition areas. I Page 13of15 K I ii i� December 14,2015 Bozeman City Commission Minutes Downtown, he may be interested in development or net loss,notification and clarity of what mass- and scale. He agrees to North 7 h. Cr. Pomeroy stated that the NCOD should have historic preservation, retail, inf ll, safety and energy efficiency.Historic preservation is not always number 1. Deputy Mayor Taylor stated that the report sparked conversation which is a good thing,hiring a historic preservation officer that is qualified is important,North 71h needs to be exempt, character of neighborhoods, separate areas from the north east from the south downtown and create guidelines that value historic preservation. Delineate B-3. The ADUs, he needs to spend time thinking about this. Downstairs ADUs troubles him and he is not sure how to fit the parking. Doesn't want to preclude affordable housing,treat deviations the way we used to,maintain retail downtown, COAs sometimes problematic but sometimes easy too. Mayor Krauss stated that he cares about the City of Bozeman,wants to make the City a place to live and work and live the American dream,doesn't believe that the NCOD preserved the character from 1981 where there was a super eclectic mixture,the market, a trip wire for affordable housing (rent for the targets)and that this should be examined,North 7'and the development of Mid-town in order to set its own criteria, feels we have defined the downtown, it is critical not to shrink the downtown, down zone and up zoning districts, and his concern of the use of the conservation overlay with the idea of established inclusionary zoning,he has concerns of rules that apply to this area, concerns of ADUs, superior design for conservation of density etc. Not sure how to fit this in. There is a character issue. He thanked the Consultant and staff for their work.Didn't eliminate any of this yet. Can we recover some of the livability from 1991? 10:57:50 PM Meeting extended 7 minutes. 9. 10:59:53 PM Provisional Adoption of Ordinance 1930, Revisions to the Bozeman Municipal Code to Rescind References to the Workforce Housing Provisions in Chapter 10, Section 8 and Create References to Article 43 in Chapter 38, Unified Development Code,Inclusionary Housing,Application Z15358 (Thomas) 7n4m 11:00:06 PM Staff Presentation Ms. Thomas gave the staff presentation the Provisional Adoption of Ordinance 1930, Revisions to the Bozeman Municipal Code to Rescind References to the Workforce Housing Provisions in Chapter 10, Section 8 and Create References to Article 43 in Chapter 38,Unified Development Code, Inclusionary Housing,Application Z15358. 11:01:09 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 11:01:19 PM Motion and Vote that having reviewed and considered the application materials, public comment, recommendation of the Zoning Commission, and all the information presented, and a public hearing having been held on September 21 and November 16, 2015;I hereby move to provisionally adopt Ordinance 1930for rescission of references to the Workforce Housing provisions in Chapter 10, Section 8 and replace these references to cite Article 43 in Chapter 38, Unified Development Code. Page 14 of 15 December 14,2015 Bozeman City Commission Minutes Commissioner-Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd Mayor-Jeff Krauss: Disapprove Deputy Mayor- Carson Taylor: Approve Commissioner-Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 1. 11:02:21 PM FYI/Discussion 1. Discussion ofNoithWestern Energy and City of Bozeman Solar Project (Woolard) '°moved to December 20 J. 11:03:31 PM Adjournment Mayor Krauss adjourned the meeting at 11:03 p.m. Jeffrey K. Krauss ' Mayor (.Ali Ulmen `CMC it .Clerk t�O.`.,,,:. PREPARED BY: t t facy Ulmen, CMC -j City Clerk 4 { Approved on: i s t Page 15 of 15 li