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HomeMy WebLinkAbout07-25-16 CC Mtg - MIN. Minutes Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Robin Crough, City Clerk Chris Kukulski, City Manager SUBJECT: Approve the Regular Meeting Minutes from April 18, May 9, and July 11, 2016, and User Access to Linked Minutes. MEETING DATE: July 25, 2016 AGENDA ITEM TYPE: Minutes NOTE: For PCs, your internet browser must be Internet Explorer Version 10 or higher. Google Chrome, Firefox or Safari all work as well. To view the video and the minutes of April 18, 2016 that are linked to the video please click here (minutes are located by clicking on the related documents tab above agenda). To view the video and the minutes of May 9, 2016 that are linked to the video please click here (minutes are located by clicking on the related documents tab above agenda). To view the video and the minutes of July 11, 2016 that are linked to the video please click here (minutes are located by clicking on the related documents tab above agenda). RECOMMENDATION: Approve the Regular City Commission Minutes as submitted. SUGGESTED MOTION: I move to approve the combined City Commission Minutes from April 18, May 9, and July 11, 2016 as submitted. BACKGROUND: In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment AV Capture was chosen as the vendor to perform these services, and subsequently implemented. Since August of 2013, the City Commission Minutes have been linked with audio and video. Along with the City Commission, other City Advisory Boards are beginning to utilize the system as well. 6 LOCATION: The AV Capture Archives and Live Streaming of City Commission Minutes and Meetings can be found at www.bozeman.net by choosing the “I want to…” icon, and selecting the final link “Watch a commission or board meeting video.” VIEWING: Selecting a meeting should automatically start the video. The draft minutes and all associated materials from the meeting are located under the video in the Attached Documents area, as well as the final minutes once approved. Users can then can click on each time-stamped hyperlink to find the section that they wish to view from the meeting. If the video does not automatically start at that point, the user may need to press play on the video itself. The City Commission Minutes are archived in a variety of ways due to State records retention guidelines. They are part of the Commission’s Meeting Packets as a DRAFT and are finally scanned with a wet signature and archived as a permanent record in electronic format. Both have separate retention times. Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. ALTERNATIVES: As suggested by Commission. FISCAL EFFECTS: None. Attachments: Draft Minutes Report Prepared on July 15, 2016 7 Page 1 of 13 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, April 18, 2016 Commissioner - Jeff Krauss: Present Mayor - Carson Taylor: Present Commissioner - Chris Mehl: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Staff Present: City Manager Chris Kukulski, Assistant City Manager, Chuck Winn, Assistant City Attorney, Karen Stambaugh, Assistant City Attorney Tim Cooper, and Deputy/Interim City Clerk Pearl Michalson A. 06:01:05 PM Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:01 PM. B. 06:01:14 PM Pledge of Allegiance and a Moment of Silence C. 06:02:47 PM Changes to the Agenda • City Manager Chris Kukulski stated that action item 4 would be removed and moved to a later date. • 06:03:37 PM Mayoral Proclamation Shakespeare’s 400’s Birthday. Mayor Taylor presented his Mayoral Proclamation on Shakespeare’s 400th Birthday. D. 06:05:06 PM Minutes 1. Approve the Combined City Commission Minutes from March 28 and 29, 2016 and User Access as Submitted.  Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve 8 April 18, 2016 Draft City Commission Meeting Minutes Page 2 of 13 Commissioner - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve E. 06:05:42 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Final Adoption of Ordinance 1940 Granting Crash Investigators the Necessary Authority to Perform Their Function (McLane)  3. Final Adoption of Ordinance 1941 – An Ordinance Ratifying the City Manager Signature on a Purchase and Sale Agreement Transferring Ownership of the North Park Property to Micropolitan Ent., LLC and Powder River Comp., LLC. (Fontenot)  4. Northwestern Energy Customer Agreement - Improve Electric Service to Story Mill Landfill (Hixson)  5. State of Montana and Federal Emergency Management Agency Pre-Disaster Mitigation Grant Notice of Intent: City of Bozeman Sourdough Creek Municipal Watershed Aquifer Storage and Recovery/Flood Diversion and Storage Assessment and Pilot Project (Leoniak)  6. Letter Requesting Technical Assistance to The Trust for Public Land (Poissant) 06:06:14 PM City Manager Chris Kukulski gave a brief overview of consent items 1-6. 06:06:37 PM Public Comment Mayor Taylor opened Public Comment There was no public comment Public comment was closed. 06:06:49 PM Motion and Vote to approve Consent Items 1-6 as submitted. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve F. 06:07:31 PM Public Comment Mayor Taylor opened Public Comment There was no public comment Public comment was closed. G. 06:09:39 PM Mayoral Proclamation 9 April 18, 2016 Draft City Commission Meeting Minutes Page 3 of 13 1. 06:10:01 PM Mayoral Proclamation on Equal Pay (Taylor) Mayor Taylor read the equal pay proclamation.  H. Special Presentation 1. 06:12:37 PM City Progress Report on Equal Pay (Jorgenson/Kukulski) City Manager, Chris Kukulski presented the City Progress Report on Equal Pay in the City. A little over a year ago a software system was put into place in order to highlight any gender bias data. Analysis showed difference in position length of time on the job, education and experience, as well as collective bargaining. All positions based on these factors had shown to be equal and consistent with the opportunities for pay increases and on the job training. The city had made changes with the goal to increase diversity at the national level as well as targeted to target more diversity between Police, Fire, Public Works and Library. Gender diversity perceptions have been improved upon this year. More reports to forecast future trends were in work.  06:18:48 PM Questions for Staff Mayor Taylor asked if there were questions for staff. There were no questions for staff. 06:20:08 PM Melissa Herron Representative to the Bozeman business of Professional Women talked about Woman’s hard work in comparison to men’s hard work in regard to equal pay. Jasera Rosendahl talked about Montana women in the workplace and the differences between men and women equal pay. The history of equal pay was discussed as well as the State of Montana and how it ranks with the nation on Equal Pay. 2. 06:24:44 PM Bozeman Area Bicycle Advisory Board (BABAB) Presentation to the City Commission About what has Been Happening Since the Last Presentation in 2012 (Van Delinder)  06:24:53 PM Dillon Warren and Rebecca Gleason gave a presentation on the Bozeman Area Bicycle Advisory Board. Annual bike counts, bike to work week, and bike ambassadors was discussed. High School Driver’s Education was discussed as well as bike safety as well as infrastructure improvements. The future of the Bozeman Area Bicycle Review Board was discussed as well. The board requested a minimum grid, to get people where they need to go as well as a coordinator who can help facilitate areas where people can use their bikes. Specific goals within the Bike Board Master Plan were discussed. 06:43:24 PM Questions for the Presenter Cr. Mehl asked the board for a prioritization schedule from the Bike Board and also requested clarification on paint on the streets and asked if there were other cities that they were aware of that did this through a city sales tax to which Rebecca Gleason responded in detail. 10 April 18, 2016 Draft City Commission Meeting Minutes Page 4 of 13 Mayor Taylor asked if the board looked at matching funds for the position that they requested for the board. 3. 06:49:41 PM Asset management (Henderson) Director of Public Works, Craig Woolard talked about the significant progress that GIS had made in their department. Jon Henderson, GIS Manager talked about asset inventory, investments in technology, trends and relationships in database integrations that help make the city function was discussed such as pipe inspections, hydraulic modeling, fleet tracking, work orders and public access. Existing work orders, work orders in the process and in the future was discussed. Data driven decisions such as operations, risks, criticality, deferred maintenance, transportation management and water conservation was also discussed. 07:03:19 PM Questions for Staff Cr. Mehl asked how GIS would move out of public works into a broader spectrum in the future as well as trends and what a coordinated effort with economic development might mean to which staff responded in detail. 07:09:01 PM Break Mayor Taylor called for a break until 20 after 7PM 07:21:24 PM Meeting Resumed. Mayor Taylor called the meeting back to order at 7:21PM. I. Action Items 1. 07:22:04 PM A Preliminary Plat Application to Subdivide 4.104 Acres into 18 Single Household Residential Lots One (1) Common Open Space Lot and One (1) Park With the Extension of West Villard Street and Improvements to Valley Drive. (Rogers)  07:22:09 PM Staff presentation Tom Rogers, Associate Planner gave a presentation on the Pine Meadow Preliminary Plat. 17 additional lots would be created. This property was annex on February 3, 2013. Shawn Kohtz talked about proposed changes to valley drive were discussed as well as the zoning descriptions between the differentiating R zones. Parkland dedications and improvements in lieu were discussed briefly. The following was also discussed by staff; public comment, raw land dedication, and recommendations from planning board. Neighborhood density surrounding neighborhoods (Fowler place, Harvest Creek, Valley Meadows, Pine Meadows, Smith Subdivision, and North Meadow subdivision (specifically Michael grove ) as well as the implications. Proportionate share of infrastructure 11 April 18, 2016 Draft City Commission Meeting Minutes Page 5 of 13 costs per lot upon annexation, impact fees, other existing paybacks cash-in-lieu of water rights, and finance costs per month for 20 years was discussed as well. 07:37:02 PM Questions for staff Deputy Mayor Andrus asked about the water, sewer, as well as layout. Changes to R-1 zoning minimum or maximum zoning was asked about as well to which staff responded in detail. Cr. Pomeroy asked staff to verify if valley road would be paved. Cr. Mehl asked about parkland frontage, specifically why the dimensions were satisfactory. Trees, sidewalks, and other roadside concerns were also asked and discussed in detail with staff. Mayor Taylor asked about calculations financially and asked about the average tax increase between the city and county if that was looked at which staff responded that had not been looked into yet. Water and sewer mains were asked about and discussed as well. 07:45:33 PM Applicant Presentation Joe Horner, developer gave a brief statement on planning the subdivision. Easement and annexation agreements, residents in R-1 zoning was discussed. After attempting to work with residence in the two subdivisions, there was continued confusion and a request by residence to revise the initial agreement. The developer discussed accommodating proposed changes. Rob Pertzborn of Intrinsik talked about subdivision covenants, proposed development plans, and clarified that no one was pushing the cost of development to residence. The conditions mitigated the impacts and stated that it should be noted that conditions to protect neighbors from a storm water runoff were already in place. Traffic controls was discussed as well. 07:51:39 PM Discussion Continued Deputy Mayor Andrus asked about parkland and if making lots smaller was considered to which Rob Pertzborn responded. Mayor Taylor asked how far lot lines were from the homes. Cr. Krauss asked about the breakdown of the costs. 07:54:02 PM Public Comment Mayor Taylor opened public comment 07:54:15 PM Greg Kenchie, Public Comment Greg Kenchie stated that he opposed the application because he was against having 18 homes across from the subdivision. He had stated that they requested 12 homes instead and had met with the attorney representative to try and work with the developer. They were appreciative of those working with the Smith subdivision however, was wary about the lots proposed by the applicant per the density and lot size. Other concerns were discussed in detail. 07:57:39 PM Gill Silver, Public Comment Mr. Silver stated that proposed density of 5.2 acres per home, was not compatible with the current structure of the subdivision. A variance was requested for 12 instead of 18 homes. Flooding was 12 April 18, 2016 Draft City Commission Meeting Minutes Page 6 of 13 discussed as well as curbs and gutter run off in detail. Due to these reasons, the road plan. 08:00:46 PM Cindy Kenchie, Public Comment Cindy opposed the applicant request due to the cost and taxes. 08:02:25 PM Carolyn Powell, Public Comment Stated that she had been a resident for 43 years and that there were discrepancies’ with the costs. Variances were discussed as well as covenants in detail. Taxes, water fees, tree fees, and increase in homes were discussed in detail. Discussions with the applicant were discussed as well. Ms. Powell asked the commission to consider tabling this particular application. 08:06:20 PM Rachel Sylvie, Public Comment Mrs. Sylvie asked about a variance to 12 lots as well as the changing demographics of Bozeman. 08:08:40 PM Jessie Grammer, Public Comment Jessie stated that this new development was subjected to the existing subdivision’s covenants. The growth policy was discussed, infill, compatibility with the adjacent development as well as maintaining neighborhood character and scale and context. Density and housing affordability was discussed as well in detail. Due to these concerns, rejection of the proposed application was requested. 08:14:02 PM Applicant Response The applicant stated that when he responded that his willingness to be open was to inform residence and stated that he shared information in good faith and unfortunately it was not well received as he would have hoped and apologized to the residence for the misunderstanding. 08:16:25 PM Attorney for the Developers The attorney gave background information on the lot size. She stated that other residential zones needed to also be considered when it came to compatibility. 08:18:31 PM Questions for Rebuttal Cr. Krauss asked if any variances were being requested to which the attorney stated there were not Deputy Mayor Andrus asked staff to clarify density and lot size/information to which staff responded how density was calculated. Clarification about the numbers (cost) provided to residence and presented earlier was asked to which staff responded in detail. Cr. Mehl asked staff to clarify what numbers were presented to the residence of Valley Drive. It was also asked if staff was willing to go through the cost again with the residence or wait for the commission to make a decision to which staff responded. Craig Woolard, Director of Public works, gave his reasoning to why he felt the commission should act on this application tonight in detail. Mayor Taylor asked how much money would be added to the current cost if sidewalks, curbs, and gutters were added, clarification about who would be ultimately responsible was also discussed. 13 April 18, 2016 Draft City Commission Meeting Minutes Page 7 of 13 08:31:50 PM Public Comment Mayor Taylor closed public comment 08:31:55 PM Motion on parkland 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 16041 and move to approve the Pine Meadow Park Plan, improvements in-lieu with conditions and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 08:32:53 PM Discussion Cr. Mehl stated that the two advisory boards felt that the area and parkland being added was sufficient. Cr. Krauss stated that he appreciated the efforts of the developer to connect everything coherently. Cr. Pomeroy stated that it was good to have a park in the neighborhood. Mayor Taylor stated that he appreciated the park as well. 08:35:20 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 16041 and move to approve the Pine Meadow Park Plan, improvements in-lieu with conditions and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 08:35:23 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 16041 and move to approve the Pine Meadow Major Subdivision with conditions and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 08:35:38 PM Discussion Cr. Mehl stated that this was the main motion and that he was in agreement with what was in the staff report. He also felt that the conditions were thorough and the city was expanding. The growth policy talked about infill, density and sustainability for the city and felt that the applicant was trying to meld all 14 April 18, 2016 Draft City Commission Meeting Minutes Page 8 of 13 those policies together. Density was discussed and surrounding zoning. Deputy Mayor Andrus stated that she spent time listening to prior testimony to ask the commission to reduce the density and zoning in 2013 had not changed and clarified that getting a variance was always available should the developer want to request it. The affordability of the homes in the area also discussed and other reasons why she supported this application. Cr. Pomeroy stated that we needed more affordable housing so she supported this motion though wished for clearer communication between all parties in the future. Cr. Krauss stated that the city required a lot of things that contributed to the affordability of a home once annexed in. Density to the east, lot size, and zoning designation was discussed. Clarification of what additional density would mean in the city compared to what currently existed was discussed as well. Mayor Taylor stated that the commission did attempt to meet the needs of the residence based on the zoning. Lot size, covenants, and public comment was discussed in detail. Taking advantage of the developers cost was something that the Mayor thought should be considered. Cr. Krauss talked about how infrastructure requirements were determined for informative purposes and why they were building half a road. 08:56:10 PM Vote on the main 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 16041 and move to approve the Pine Meadow Major Subdivision with conditions and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 2. 08:56:54 PM A Combined Commercial Certificate of Appropriateness (CCOA) And Conditional Use Permit (CUP) Application was Submitted to The Planning Division of Bozeman Department of Community Development Requesting the Addition of an Exterior Patio Serving Area Located West of The Existing Building Addressed At 105 West Main Street Which is Within The B-3 (Central Business) Zoning District. (Brekke)  08:56:56 PM Staff presentation Associate planner, Allyson Brekke introduced her staff report into the public record and gave a brief presentation on the combined commercial certificate of appropriateness (ccoa) and conditional use permit (cup) application was submitted to the planning division of bozeman department of community 15 April 18, 2016 Draft City Commission Meeting Minutes Page 9 of 13 development requesting the addition of an exterior patio serving area located west of the existing building addressed at 105 west main street which is within the b-3 (central business) zoning district. 09:00:37 PM Questions of Staff Cr. Pomeroy asked for clarification on page 9 of 18 of the staff report and asked specifically how would the fire escape and utility access work concerning adequate egress to which staff responded. Cr. Mehl asked for clarification on the stated significance referenced in the staff materials and asked if discussion about the basement changes were in the staff report to which staff responded. Deputy Mayor Andrus asked if the basement was on the east side of the building and if it was going to be used as a place where alcohol would be served. Staff responded that it was addressed in the applicant materials. 09:07:04 PM Applicant Applicant Rob Pertzborn, of Intrinsik addressed concerns of the basement that the commission had talked about during the discussion period. 09:08:27 PM Cr. Mehl asked why this was in the staff report and asked if the applicant reviewed with the conditions and were okay with them to which the applicant responded that they did. It was also asked if the applicant was okay with the adjusted required space to which the applicant stated that they were also okay with that. Deputy Mayor Andrus asked if sidewalk, curb, issues were resolved to the applicant’s satisfaction, to applicants satisfaction which the applicant responded that he did. 09:10:22 PM Public Comment Mayor Taylor opened Public Comment There was no public comment Public comment was closed. 09:10:29 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 15447 and move to approve the Baxter Hotel Patio Addition On-Premises Consumption Commercial Certificate of Appropriateness and Conditional Use Permit with conditions of approval and subject to all applicable code provisions. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd 09:11:01 PM Discussion Deputy Mayor Andrus stated that she would support this application and gave reasons why Cr. Pomeroy also stated that she would support this motion and gave reasons why Cr. Mehl stated that he would support this as well and gave reasons why. 16 April 18, 2016 Draft City Commission Meeting Minutes Page 10 of 13 09:12:37 PM Vote on the main 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 15447 and move to approve the Baxter Hotel Patio Addition On-Premises Consumption Commercial Certificate of Appropriateness and Conditional Use Permit with conditions of approval and subject to all applicable code provisions. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 3. 09:13:32 PM Four Points Phase II Major Subdivision Preliminary Plat to Allow the Subdivision of Two lots of Approximately 36.1 Acres into Twelve Lots for Multi- Household Development One Parkland Corridor Lot and Associated Streets and Infrastructure Located Southwest of the Intersection of Davis Lane and Cattail Street, Application 15526 (Quasi-Judicial) (Krueger)  09:13:34 PM Staff presentation Brain Kruger gave a brief presentation on four points phase ii major subdivision preliminary plat to allow the subdivision of two lots of approximately 36.1 acres into twelve lots for multi-household development one parkland corridor lot and associated streets and infrastructure located southwest of the intersection of Davis lane and cattail street, application 15526. Commercial node R-4 area to the north was discussed in that area as well as parkland in that area 50 ft wide. Conditions of approval related to provide secondary access to lots on Cattail was discussed briefly. Public comment on noticing was discussed and addressed. No other public comment was received. The development review board recommended approving this application with the conditions provided in the staff report 09:21:44 PM Questions of Staff Cr. Krauss asked if there was a slide that showed the connections of pedestrian and bike access to which staff responded. Trails north, south, east and west were inquired about as well. Deputy Mayor Andrus asked about deed restrictions and asked about wetland concerns. 09:28:30 PM Robert Clark, Madison Engineer-Applicant Stated that they worked closely with staff, planning, engineering and the wetlands board. The majority of work was done during phase 1. Conditions of approval were accepted. 17 April 18, 2016 Draft City Commission Meeting Minutes Page 11 of 13 09:29:43 PM Questions of Applicant Cr. Pomeroy asked the applicant to clarify the concerns received via public comment which the applicant did address. 09:31:50 PM Public Comment Mayor Taylor opened Public Comment There was no public comment Public comment was closed. 09:32:14 PM Motion on Parkland: 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 15526 and move to approve the Four Points Phase II Park Plan with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 09:32:41 PM Discussion Cr. Pomeroy stated that she was glad that we have are trails and parks and she was supporting this application. Cr. Mehl stated that they met the requirement through a linier park and that this would be a good addition to the park system. 09:33:25 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 15526 and move to approve the Four Points Phase II Park Plan with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 09:33:49 PM Motion that having reviewed and considered the application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 15526 and move to approve the preliminary plat with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion 18 April 18, 2016 Draft City Commission Meeting Minutes Page 12 of 13 Commissioner - Jeff Krauss: 2nd 09:34:09 PM Discussion Cr. Pomeroy briefly stated that she supported it and gave reasons why. Cr. Mehl stated that they met the review criteria. Deputy Mayor Andrus asked if the commission would be receiving the same material again. 4. Ordinance 1939 – An Agreement to Exchange Land with Help Center Inc. (Poissant) *Moved to a later date*  Consider the motion: Having conducted a public hearing on the ordinance, considered staff’s recommendation as well as written and spoken public testimony, the content of Ordinance 1939 and findings articulated by the Commission during discussion, I hereby move to provisionally adopt Ordinance 1939 authorizing the City Manager’s signature, upon expiration of the 30 day effective period, on the Agreement to Exchange Land and on the subdivision exemption quit claim deed (Attachments, A B1, B2, and C) and closing paperwork to exchange property with Help Center, Inc. J. 09:35:15 PM FYI/Discussion This Thursday 4:30-6:30 at the Stadium Club Kagy public meeting Domestic Violence at 6pm tomorrow in the Commission Room. K. 09:37:27 PM Adjournment Mayor Taylor Adjourned the Meeting at 09:27PM ___________________________________ Carson Taylor Mayor ATTEST: ___________________________________ Robin Crough City Clerk 19 April 18, 2016 Draft City Commission Meeting Minutes Page 13 of 13 PREPARED BY: ___________________________________ Pearl Michalson Deputy City Clerk Approved on: ___________________________________ 20 Page 1 of 14 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, May 09, 2016 Commissioner - Jeff Krauss: Present Mayor - Carson Taylor: Present Commissioner - Chris Mehl: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Staff Present: City Manager, Chris Kukulski, City Attorney, Greg Sullivan, Deputy City Clerk, Pearl Michalson *There was a delay in the technical recording* A. Call to Order – 5:30 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting order at 5:30PM. B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda Mayor Taylor asked if there were changes to the Agenda, to which the City Manager stated that there were none. D. 05:32:42 PM Executive Session Litigation Strategy Regarding Landfill Litigation (Sullivan) The City Commission may close all or portions of this agenda item to the public pursuant to Sect. 2-3-203(4)(a), MCA, if the Commission determines the meeting involves a discussion of litigation strategy and an open meeting would have a detrimental effect on the litigation position of the city. 05:33:34 PM City Attorney, Greg Sullivan gave an overview of the Executive Session. The City Attorney stated that it was up to the mayor to close this meeting due the fact that this discussion would have a detrimental effect on the litigation position of the city and therefore closed the meeting to the public to which the Mayor did close the meeting to the public. 06:15:12 PM Regular Commission Meeting Back in Session. 21 May 9, 2016 Draft Minutes City Commission Meeting Agenda Page 2 of 14 Mayor Taylor opened the regular commission meeting back to the public. E. 06:15:40 PM Minutes 1. Approval of Regular Combined City Commission Minutes from April 25, 2016 and User Access to Linked Minutes (Michalson) 06:15:43 PM (00:01:47) Motion and Vote to approval of regular combined city commission minutes from April 25, 2016 and user access to linked minutes. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve F. 06:16:11 pm Consent 1. Authorize Payment of Accounts Payable Claims for Goods And Services (Lameres) 2. Appoint a Sub-Committee of Two Commissioners to Review Pledged Securities As of March 31, 2016. (Clark) 3. Authorize The City Manager to Sign a Professional Services Agreement With Allied Engineering Services, Inc. For The Purposes of Completing a Floodplain Model Evaluation at a Cost of $19,670. (Heaston) 4. Authorize City Manager to Sign Amendment Number 3 With Robert Peccia and Associates (Murray) 5. Professional Services Agreement for Field Survey (Gamradt) 6. Final Adoption of Ordinance 1942, a Text Amendment Of The Bozeman Municipal Code to Create The R-5 (Residential Mixed-Use High Density District) And B-2M (Community Business-Mixed District) Zoning Districts. Application 15-320 (Rogers) 7. Final Adoption of Ordinance 1948 Amending Chapter 12 of the Bozeman Municipal Code Business Licenses (Thomas) 8. Authorize City Manager to Sign the Notice of Award to Award the Contract for The 2016 Street Improvements to Knife River Belgrade in the Amount of $419,330.50 (Kerr) 9. Authorize the Mayor to Sign Findings of Fact and Order for the Pine Meadow Major Subdivision Preliminary Plat Application (Rogers) 10. Resolution 4689 -Application to The Big Sky Economic Development Trust Fund Program Administered by The Montana Department of Commerce on Behalf of Wisetail. (Fontenot) 11. Authorize Mayor to Sign Findings of Fact and Order for the Cowdrey-Kagy Minor Subdivision Preliminary Plat , Application 16086 (Werbell) 22 May 9, 2016 Draft Minutes City Commission Meeting Agenda Page 3 of 14 12. Authorize Mayor to Sign the Findings of Fact and Order for the Four Points Phase II Major Subdivision Preliminary Plat, Application15526 (Krueger) 13. Memorandum of Agreement (MOA) With the Montana Department of Transportation (MDT) with Terms For Encroachment Permits for The Downtown North 7th Conduit Project (Fine) 06:16:18 PM City Manager, Chris Kukulski gave a brief overview of consent items 1-13. 06:18:06 PM Public Comment Mayor Taylor opened public comment There was no public comment Public Comment was closed. 06:19:12 PM Motion and Vote to approve Consent Items 1-13 as submitted. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve G. 06:18:48 PM Public Comment Mayor Taylor opened public comment There was no public comment Public Comment was closed. H. 06:20:22 PM Mayoral Proclamation 1. Mayoral Proclamation - 2016 Peace Officer Memorial Day and Police Week (McLane) 06:20:33 PM Mayor Taylor read the Mayoral Proclamation proclaiming May 15 As Peace Officer Memorial Day and May 15-21 as Police Week . I. 06:22:49 PM Action Items 1. Authorize the City Attorney to Execute Settlement in Bauer et al v. City of Bozeman et al, Daenan et al v. City of Bozeman et al, Fischer et al v. City of Bozeman et al, and MMIA v. City of Bozeman et al, regarding the Story Mill Landfill Sullivan 06:23:09 PM City Attorney, presentation City Attorney, Greg Sullivan stated that 750k had been allotted to pay claims. 300k would be paid by 23 May 9, 2016 Draft Minutes City Commission Meeting Agenda Page 4 of 14 MMIA. 400K would be paid by the city by the next fiscal year. Cost and details were outlined in the City Attorney’s Memo. 06:24:56 PM Questions for Attorneys Mayor Taylor asked if there were questioned for the city attorney There were no questions for the city attorney. 06:25:18 PM Public Comment Mayor Taylor opened Public Comment There was no public comment Public Comment was closed. 06:25:36 PM Motion that after considering public comment, I move to authorize the City Attorney to take all steps necessary to execute settlement in Bauer et al v. City of Bozeman et al, Daenan et al v. City of Bozeman et al, Fischer et al v. City of Bozeman et al, and MMIA v. City of Bozeman et al, regarding the Story Mill Landfill under the terms and conditions as stated in the City Attorney memorandum to the Commission dated May 9, 2016. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Jeff Krauss: 2nd 06:26:11 PM Discussion Deputy Mayor Andrus stated that this had been a priority for a while and stated that decisions that were made were done based on scientific data. Wanted to thank the City Attorney and his team, Public Works, Finance, and the Mayor. Support of the settlement was discussed. Cr. Krauss also thanked staff for their time and the city of Bozeman for their patience. Cr. Mehl stated that public safety was the priority of the city and the commission. The settlement would allow everyone to move forward and the city has plans to work on that area and how we are going to pay for it in the city manager budget. Cr. Pomeroy agreed with the other commissioners and was glad that it was settled Mayor Taylor stated that the city was doing the right thing at the right time and when the VLC situation came up, we reported the results and volunteered to put in a remediation system to prevent the VLC’s from migrating out of the area. We have done what the city should do which was to take responsibility for the past. 06:32:03 PM Vote that after considering public comment, I move to authorize the City Attorney to take all steps necessary to execute settlement in Bauer et al v. City of Bozeman et al, Daenan et al v. City of Bozeman et al, Fischer et al v. City of Bozeman et al, and MMIA v. City of Bozeman et al, regarding the Story Mill Landfill under the terms and conditions as stated in the City Attorney memorandum to the Commission dated May 9, 2016. Deputy Mayor - Cynthia Andrus: Motion 24 May 9, 2016 Draft Minutes City Commission Meeting Agenda Page 5 of 14 Commissioner - Jeff Krauss: 2nd Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 2. 06:32:26 PM A Request for Improvements in Lieu of Parkland Dedication for the Vlaanderen Condominiums Site Plan Located at 4320-4354 Glenwood Drive, Application Z15089.Brekke 06:32:36 PM Staff presentation City Planner, Chris Saunders gave a presentation on the parkland dedication and identified that there was a deficiency of ten thousand square feet that needed to be corrected in order to meet the city’s requirements. Estimated cost for the Parkland Improvements was discussed. 06:35:57 PM Questions for Staff Deputy Mayor Andrus asked if there was an extra plat that was needed Cr. Mehl asked if the oversight was the staff’s part. What has been changed to make this less likely. Staff stated that recreation and park committee motioned to approve this plan with the addition of a trail to comply with ADA. 06:39:28 PM Applicant Presentation The applicant stated that in 2007, parkland was not questioned. The way that things are done now was great. Parkland that was provided was allocated to each lot in order to balance everything out and make it fair. The property owner and the developer stated that they had land that could be used and enhanced. The connection of the trail would be put in so that the residence could have access. A appraisal of 0.80 per square foot was done. They have an opportunity to work with the park development by teaming up with a scout. 06:43:20 PM Public Comment Mayor Taylor opened Public Comment There was no public comment Public Comment was closed. 06:43:36 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 memorandum for application Z15089 and accept the provision of parkland improvements, in the amount of $14,024.00, in lieu of the required parkland dedication. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 25 May 9, 2016 Draft Minutes City Commission Meeting Agenda Page 6 of 14 06:44:08 PM Discussion Cr. Mehl stated that he appreciated that everyone worked together. 06:44:27 PM Vote 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 memorandum for application Z15089 and accept the provision of parkland improvements, in the amount of $14,024.00, in lieu of the required parkland dedication. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 3. 06:44:45 PM Ordinance 1939 - Land Exchange Agreement with Help Center, Inc. Poissant 06:45:05 PM Staff Presentation Director Mitch Overton gave a brief overview discussing what all went into the Bozeman Pond Park Expansion. Carolyn Poissant talked about the encroachment and what was done to resolve this issue with the boundary line adjustment. The future of the park plan, the right away, and the area that is being exchanged was discussed. The boundary falls in line with the open space act was discussed 06:50:35 PM Questions for Staff Cr. Pomeroy asked is the GVRT were able to catch this issue before hand Deputy Mayor Andrus asked if we survey before purchasing a property, to which the city attorney stated that the city usually does but in this case there was a survey done previously. 06:52:24 PM Applicant presentation The applicant stated that the boundary has been an issue before but he was appreciative of the work that staff did to help get this done. 06:53:18 PM Public Comment Mayor Taylor opened Public Comment There was no public comment Public Comment was closed. 06:53:31 PM Motion that having conducted a public hearing on the ordinance I find the 26 May 9, 2016 Draft Minutes City Commission Meeting Agenda Page 7 of 14 exchange of 2,450 square feet of real property with the Help Center Inc. meets the requirements of the Bozeman Municipal Code and the Montana Open Lands Act and hereby move to provisionally adopt Ordinance 1939 authorizing the City Manager to sign, upon expiration of the 30 day effective period, the Agreement to Exchange Land and subdivision exemption and to take all additional steps necessary to exchange property with Help Center, Inc. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 06:54:19 PM Discussion Cr. Pomeroy stated that we are now aware of the encroachment and she is happy to support Cr. Mehl also supported this project and stated why. Cr. Krauss stated that had there not been more property available this might have been a more difficult resolution. Cr. Mehl pointed out that bond money was used to pay for this and the swap was something required by the bond. Mayor Taylor stated that people have taken liberty with their property in the past and was 07:00:18 PM Vote that having conducted a public hearing on the ordinance I find the exchange of 2,450 square feet of real property with the Help Center Inc. meets the requirements of the Bozeman Municipal Code and the Montana Open Lands Act and hereby move to provisionally adopt Ordinance 1939 authorizing the City Manager to sign, upon expiration of the 30 day effective period, the Agreement to Exchange Land and subdivision exemption and to take all additional steps necessary to exchange property with Help Center, Inc. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 4. 07:01:00 PM A Site Plan and Commercial Certificate of Appropriateness application with deviations to allow the interior and exterior partial demolition and remodel of the historic Rialto Theatre, Application No. 16069. (Quasi) (Brekke) 07:01:04 PM Staff Presentation Chris Saunders stated that staff received new information before the commission meeting and did enter the staff report into the record. This application would keep the original architecture and replacements of skylights was discussed as well as changes that had been made to make the building more safe. Building code and historic features were discussed. Deviations were discussed as well as the projecting 27 May 9, 2016 Draft Minutes City Commission Meeting Agenda Page 8 of 14 signs and the square footage. DRC recommended approval with some conditions, to which the applicant responded. 07:12:16 PM Questions for Staff Cr. Krauss asked what problem the aggregation is trying to fix that happened in 1920. He also asked about paint on the brick building. Staff stated that the building code stated that we cannot issue a building permit if… Deputy Mayor Andrus asked what the impact to the applicant would be to which staff responded there would be more money out of pocket for the applicant. Cr. Mehl asked if the concern precedent and staff stated that this became a problem when the code was adopted years ago and we always required a merger agreement. He also asked about paint on the bricks. Mayor Taylor asked if the building collapsed after aggregation could a lot be sold separately to which staff responded in detail. 07:19:47 PM Applicant presentation The applicant Brian Caldwell gave a presentation about the overview of the remodeling of the rialto building. The applicant is presenting a greenroom storage equipment and a full kitchen. The different levels, upper and lower were discussed in detail. Proposed modifications to the front facade was discussed as well as the signage deviation. The original concept was discussed in relation to the historic research and floor plans were continually discussed. 07:30:44 PM Questions for the Applicant Deputy Mayor Andrus asked if the tin ceiling could be salvageable, the applicant stated that yes they would. The percentage to be demolished was a firm one. Also questions about the brick was discussed. Cr. Mehl asked the applicant about condition number 3 and what the applicant thought about it to which the applicant responded in detail. Mayor Taylor asked the applicant to clarify his statements 07:36:44 PM Public Comment Mayor Taylor opened public comment. 07:36:46 PM John Delshaw, Public Comment Mr. Delshaw stated that he was in support of the project and felt that it was wonderful and could not wait until this project was completed. 07:38:10 PM Public Comment Closed. Mayor Taylor closed public comment. 07:38:20 PM Motion for deviation 1: that having reviewed and considered the application materials, staff report, public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application No. 16096 and move to approve the deviation request 28 May 9, 2016 Draft Minutes City Commission Meeting Agenda Page 9 of 14 from Section 38.28.060.A of the Bozeman Municipal Code to allow a projecting sign to be greater than 12 square feet in size, as shown within the application materials. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:38:59 PM Discussion Cr. Mehl stated that general comments should be left until after the third motion but for the record, historically appropriate, minimal adverse affect to other properties and public health safety, general welfare are the three things that the commission considers before approval. Deputy Mayor Andrus stated that she supported the applicant with what it was trying to do. 07:40:54 PM Vote that having reviewed and considered the application materials, staff report, public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application No. 16096 and move to approve the deviation request from Section 38.28.060.A of the Bozeman Municipal Code to allow a projecting sign to be greater than 12 square feet in size, as shown within the application materials. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 07:41:12 PM Motion for deviation 2: that having reviewed and considered the application materials, staff report, public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application No. 16096 and move to approve the deviation request from Section 38.28.060.A of Bozeman Municipal Code to allow an increase of maximum sign square footage, as shown within the application materials. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:41:21 PM Discussion Cr. Mehl stated that the same three conditions that were stated in the previous motion also apply to this one. Mayor Taylor stated that this was unlike any other business that he had seen before. 07:43:11 PM Vote that having reviewed and considered the application materials, staff report, public comment, and all of the information presented, I hereby adopt the findings presented in the staff 29 May 9, 2016 Draft Minutes City Commission Meeting Agenda Page 10 of 14 report for application No. 16096 and move to approve the deviation request from Section 38.28.060.A of Bozeman Municipal Code to allow an increase of maximum sign square footage, as shown within the application materials. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 07:43:24 PM Motion for site plan and certificate of appropriateness 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 No. 16096 and move to approve the site plan and certificate of appropriateness with the recommended conditions of approval and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:43:50 PM Discussion Cr. Mehl stated that this is a fantastic project and it was fantastic to downtown and adding something like this would ensure that downtown would thrive. Deputy Mayor Andrus stated that this would be great for downtown and stated that there was no indication that there were any issues with timing or the conditions of approval. Cr. Krauss stated that he was amazed with the investors who put a lot into our downtown. He also stated that he appreciated the work and care that the applicant was putting into this project. The design, acoustics and would be looking forward to the finalized project. Other comments on this project were discussed in detail. Cr. Pomeroy stated that she was equally excited about this project. Mayor Taylor stated this was a great example of how to re-use and balance buildings like this one. Enthusiasm for this project is great and it was important for this building to function in a way that would serve downtown. 07:55:03 PM Vote 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 No. 16096 and move to approve the site plan and certificate of appropriateness with the recommended conditions of approval and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 30 May 9, 2016 Draft Minutes City Commission Meeting Agenda Page 11 of 14 Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 07:55:16 PM Break for 10min, 5 after 8. Mayor Taylor called for a 10 minute break, returning five minutes after 8p.m. 08:05:04 PM (01:51:08) Meeting called back into session 5. 08:04:54 PM Business License Fee Schedule Public Hearing and Resolution 4686 for Adoption (Thomas) 08:05:36 PM Staff presentation Director of Community Development, Wendy Thomas talked about the 08:06:22 PM Questions of Staff Deputy Mayor Andrus asked if we would be looking at the fee structure in the future. Cr. Pomeroy asked for clarification of making the business license more flexible. Cr. Mehl stated that it had been 27 years since the last update and wanted an explanation of fees. Cr. Krauss asked for the rational for charging business license fees and clarified that a business license is needed to host someone in a home for short term vacation rentals Mayor Taylor asked for clarification. Staff responded in detail to all questions. 08:11:51 PM Public Comment Mayor Taylor opened Public Comment There was no public comment Public Comment was closed. 08:12:08 PM Motion that having reviewed and considered the staff memo, public comment, and all information presented, I hereby move to approve Resolution 4686 adopting a fee schedule for the business license program. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Jeff Krauss: 2nd 08:12:29 PM Discussion Deputy Mayor Andrus stated that the question about why we have fees for a business license was a good question. We also should look at how business licenses were charged Cr. Krauss stated that when these were used for certain businesses it made sense however there might 31 May 9, 2016 Draft Minutes City Commission Meeting Agenda Page 12 of 14 be businesses that might not need this recommendation. Mayor Taylor favored a fee that would allow the city to break even and knowledge of what is out there. More discussion might help when the time comes. 08:16:09 PM (02:02:13) Vote that having reviewed and considered the staff memo, public comment, and all information presented, I hereby move to approve Resolution 4686 adopting a fee schedule for the business license program. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Jeff Krauss: 2nd Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve J. 08:16:38 PM Special Presentations 1. Presentation of the FY2016-2017 (FY17) City Manager Recommended Budget (Rosenberry) 08:16:52 PM Staff Presentation Administrative Financial Director, Ann Rosenberry talked about the budget development this year and the details in the budget. All funds, including excluding Interfund transfers from FY12 through FY17 were discussed. Significant Issues such as the joint Law and Justice Center budget, continuation of increased transportation funding to meet capital project plan, request for more staff, and long range planning efforts beginning and underway were discussed. A breakdown of the revenue sources, FY17 total budget projects, and a detailed percentage of the 95.8 million that would be allocated and where was discussed in detail. The administrative director also talked what about staffing additions would be needed (to what department), city employees per every thousand residence and how the money in the general reserve fund would be used. Additional Topics Discussed in Detail: • General Fund Expenditures • General Fund Priorities /General Fund Capital • Street Maintenance District • Arterial and Collector District/Tree Maintenance District • Estimated Tax Levy (223.96 mills a 2% estimated increase of 1 mill, city-wide) • FY16 Typical City Resident Annual Cost Adjustments And future work sessions taking place on the following dates: May 16- Special Revenue funds 32 May 9, 2016 Draft Minutes City Commission Meeting Agenda Page 13 of 14 May 23- Enterprise Funds, June 6- General Fund and Community Development Fund, June 13- Business Improvement Districts and Tax Increment Finance Districts, June 20- Final Budget Adoption, June 27- “tentative if needed” and July 1- The fiscal year begins. 08:52:51 PM Questions for Staff Cr. Mehl asked the total tax load for an average home, to which staff responded that she could bring it before the commission at a later date. A question about a breakdown of the arterial and collector district taxes was asked. Planning fees was also discussed. The timing of the credit received from MMIA was discussed. Staff request for additional bodies to the aquatics system was discussed by Director Mitch Overton of Park and Recreation. Consequence Cr. Pomeroy asked about the street maintenance assessment per lot. How differences with the money being spent would be handled was asked and discussed. Mayor Taylor asked about Human Resources generalist was and why it was needed. Carry over excess was asked about as well. Cr. Krauss stated that he would send a list of questions to staff and asked clarification on the specifications of planned spending on the FY17 budget. 09:13:32 PM Public Comment Mayor Taylor opened Public Comment There was no public comment Public Comment was closed. 09:13:52 PM Final Comments Mayor Taylor asked if there were final comments to which there were none. K. 09:14:16 PM FYI/Discussion Cr. Pomeroy stated that she will be in South Korea next week. Craig Woollard, next public meeting Thursday, May 12 at 6:30PM at the high school cafeteria on the transportation plan. Chris Kukulski stated May 12th in the commission room, will be hosting an elected officials lunch from 11:30-1:00PM. L. 09:18:53 PM Adjournment Mayor Taylor adjourned the meeting at 9:18PM ___________________________________ Carson Taylor Mayor 33 May 9, 2016 Draft Minutes City Commission Meeting Agenda Page 14 of 14 ATTEST: ___________________________________ Robin Crough City Clerk PREPARED BY: ___________________________________ Pearl Michalson Deputy City Clerk Approved on: ___________________________________ 34 Page 1 of 19 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, July 11, 2016 Deputy Mayor - Cynthia Andrus: Present Commissioner - Jeff Krauss: Present Mayor - Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner - I-Ho Pomeroy: Present A. 06:00:44 PM (00:00:44) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse B. 06:00:53 PM (00:00:53) Pledge of Allegiance and a Moment of Silence C. 06:01:56 PM (00:01:56) Changes to the Agenda D. 06:02:04 PM (00:02:04) Minutes 1. Approve the City Commission Minutes from March 21, April 4, April 11, May 16, June 20, June 27, 2016 and the April 29, 2016 Local Government Roundtable Luncheon Minutes  06:02:25 PM (00:02:25) Motion and Vote to approve the combined City Commission Minutes from March 21, April 4, April 11, May 16, June 20, and June 27, 2016, the April 29, 2016 Local Government Roundtable Luncheon Minutes as submitted. Motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 35 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 2 of 19 E. 06:02:38 PM (00:02:38) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Authorize the City Manager to Sign a Professional Services Agreement with Latitude Geographics for Geocortex Web Map Form Development (Henderson)  3. Authorize the City Manager to Sign Addendum Number 1 to the Agreement Between the City of Bozeman and the Bozeman Sports Park Foundation, Inc. for the Bozeman Sports Park Project (Poissant)  4. Authorize the City Manager to Sign Amendment Number 2 to the Department of Natural Resources and Conservation (DNRC) Grant Agreement for Bozeman Creek Enhancement TOP Project (Poissant)  5. Provisional Adoption of Ordinance 1955, Downtown East Main Zone Map Amendment Changing Zoning on 25.82 Acres from B-2 (Community Business) District and R-4 (High Density Residential) District to B-3 (Central Business) District and PLI (Public Lands and Institutions) District. Location: 608-777 East Main Street, 24 North Wallace Avenue, and 710-714 East Mendenhall Street, Application Number 15579 (Saunders)  06:02:48 PM (00:02:48) City Manager Overview City Manager Chris Kukulski provided an overview of consent items 1-5. 06:04:34 PM (00:04:34) Public Comment Mayor Taylor opened public comment. 06:05:00 PM (00:05:00) Erika Skinger, Public Comment Ms. Skinger had a question about B-3 zoning in the area for consent item 5, and if it was a part of the Innovation Campus. Community Development Assistant Director Chris Saunders clarified that it was not. 06:08:08 PM (00:08:08) Public Comment Mayor Taylor closed public comment. 06:08:12 PM (00:08:12) Motion and Vote to approve Consent Items 1-5 as submitted. Motion passed 5- 0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve 36 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 3 of 19 Commissioner - I-Ho Pomeroy: Approve F. 06:08:35 PM (00:08:35) Items Acted Upon Without Prior Unanimous Vote 1. 06:08:54 PM (00:08:54) Final Adoption of Ordinance 1952, a Text Amendment of the Bozeman Municipal Code to Define and Apply Cottage Housing and Establish Standards and Review Procedures, Application Number 16146 (Saunders)  06:09:04 PM (00:09:04) Public Comment Mayor Taylor opened public comment. There was no public comment. Public comment was closed. 06:09:30 PM (00:09:30) Motion that having provisionally adopted Ordinance 1952 on June 27, 2016 by a vote of 4-1, and reviewed and considered the ordinance text, public comment, and all the information presented, I move to finally adopt Ordinance 1952, the Bozeman Municipal Code text amendment defining and applying Cottage Housing and establishing standards and review procedures. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 06:09:54 PM (00:09:54) Discussion There was no discussion. 06:09:57 PM (00:09:57) Motion and Vote that having provisionally adopted Ordinance 1952 on June 27, 2016 by a vote of 4-1, and reviewed and considered the ordinance text, public comment, and all the information presented, I move to finally adopt Ordinance 1952, the Bozeman Municipal Code text amendment defining and applying Cottage Housing and establishing standards and review procedures. Motion passed 4-1. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve G. 06:10:13 PM (00:10:13) Public Comment 37 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 4 of 19 06:11:40 PM (00:11:40) Jennifer Rockne, Public Comment Here as Chair of INC to discuss vacation rentals in Bozeman. The licensing process is onerous and expensive. The INC asks the Commission to provide time to have the discussion on the issue. 06:13:41 PM (00:13:41) Mary Vant Hull, Public Comment She would hate to see more restaurants downtown. Sometimes no one knows about Air BnBs, all sorts of things can happen. Ms. Vant Hull is a protector of downtown, and the City needs to be careful of food carts downtown, are they getting permits? She gave examples of what people like about downtown. 06:16:48 PM (00:16:48) Sally Dickinson, Public Comment Ms. Dickinson appreciates the effort of the Commissioners and the Chronicle to provide public education. 06:17:19 PM (00:17:19) Erika Skinger, Public Comment Ms. Skinger would like to take up a Board of Adjustments – type of review. Ms. Skinger asks if she should come to the Commission to get this on the agenda. Mayor Taylor discussed the process, he will ask the Commissioners in FYI at the end of the evening. 06:19:46 PM (00:19:46) Bob Wade, Public Comment Currently the Chair of the Recreation and Parks Advisory Board, he was present to talk about the Sports Park. He was in general favor of the concept. This park will give people a place to practice and have games, for there to be tournaments. The Board is in support. 06:21:06 PM (00:21:06) Mary Ann Martel, Public Comment Discussed short term rentals, has had experience in the field. She currently has a short-term rental. She is registered with the City and has followed all the rules. She has created many jobs through this, short term rentals are not the enemy. 06:24:50 PM (00:24:50) Max Eaton, Public Comment Here to discuss vacation rentals, as we may be approaching market saturation now. He does not think that other policies compared are relevant to Bozeman. He hasn’t heard any significant problems anyone has had with vacation rentals. It’s not the City’s job to anticipate problems and regulate for them. 06:28:05 PM (00:28:05) Kelley Krekelberg, Public Comment Owns a fashion truck and is a heavy AirBnB renter. The work supports her startup businesses. She is support of vacation rentals and it adds a value to the community. The primary renters are parents of college students and she has had a very positive impact on the community. 06:29:40 PM (00:29:40) Emily Kelly, Public Comment Ms. Kelly asked if there will be an opportunity for the public to comment on potential changes on the Sports Park Master Plan. 38 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 5 of 19 06:30:46 PM (00:30:46) Jill Davenport, Public Comment Was here recently in opposition of the West Cleveland CUP for a vacation rental. Ms. Davenport discussed a complaint that recently occurred at that property. Discussed the problems with the complaint process and the property manager. Reminded the Commission that there has to be a way to notice the businesses in charge. The community needs compliance and enforcement. 06:34:09 PM (00:34:09) Jim Goetz, Public Comment Mr. Goetz has discussed this before, and that vacation rentals are illegal and not in compliance with zoning, and he doesn’t know how that can be enforced. In his neighborhood there are entities buying up houses for vacation rentals. He asked for an interim regulation and a way to enforce currently. 06:36:18 PM (00:36:18) Laura Gretchovsky, Public Comment She supports the vacation rental industry, but some issues do need to be addressed in regards to regulation and oversight. It’s difficult to live here, and she thinks her vacation rental adds to the improvement of her neighborhood. 06:38:43 PM (00:38:43) Suzanne Hald, Public Comment Concerned about short term vacation rentals, of which there are many near her house. The character of a neighborhood changes when vacation rentals are present, as they don’t have investment in the neighborhood. She thinks it does have a negative effect on the feel of her neighborhood. 06:40:11 PM (00:40:11) Chris Nixon, Public Comment Mr. Nixon operates a traditional bed and breakfast in town. Safety needs to be considered. Lodging tax should also be addressed. Air BNB does not provide the means of collecting lodging tax. Not against competition, but everyone should be on the same playing field. 06:42:42 PM (00:42:42) Nick Brice, Public Comment Mr. Brice was present to discuss the mobile food business, he is the owner of Rendezvous Catering. He spoke here in 2012 on the issue. He spends 70% of his grocery budget locally; his business allows him to do so. His business is also very low-impact and sustainable. Mr. Brice wanted to challenge the Commission to question the mobile food industry as they are the experts. He also asked the Commission to look beyond just downtown. 06:46:01 PM (00:46:01) Tana Kelser, Public Comment Ms. Kelser was present to discuss mobile vending, and how it has almost become a fight between brick and mortar vs. mobile vendors. She asked the Commission to create a structure and to look at Chris Naumann’s recommendations. Parking has also become an issue. Everyone needs to come to the common ground. 06:48:20 PM (00:48:20) Kristin Hopkins, Public Comment She has many vacation rentals surrounding her house, and hopes that she can rent in the future. She rents another property that helps cover her mortgage. She asked that the Commission give 39 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 6 of 19 consideration to on-site owners. She loves living here, so asks for flexibility in vacation rentals. 06:51:08 PM (00:51:08) Lance Flancis, Public Comment He is the proprietor of Ted’s Montana Grill, and he employs 85 employees. Parking is already at 100% downtown, and in the winter it’s even worse. It’s expensive to be on Main Street, and food trucks don’t help. Food trucks don’t belong downtown, or maybe just at events. 06:54:25 PM (00:54:25) David Connelly, Public Comment Currently discussion of how Bozeman is “perfect” and there is an “I’ve got mine” attitude. Young people don’t always have their voice heard. What’s the place of government in these issues? The government has the right to regulate health and safety, but what’s too far? It shouldn’t be a one-sided conversation between the relevant businesses and the Commission. Food trucks serve a different clientele in downtown Bozeman. It’s easy to be afraid, but let entrepreneurs grow in Bozeman. 06:57:37 PM (00:57:37) Sharon Peggy, Public Comment She is in favor of vacation rentals. Her vacation rental helps her put her son through medical school, she lives on the property, and they take care of it. Regulation needs to be fair to all businesses. She thinks a bigger issue is homes that are being used for college rentals. Also in support of food trucks and fashion trucks. 07:01:04 PM (01:01:04) Jesse and Tyler Collins, Public Comment They own Mo’Bowls and provide local business. They do late nights downtown, and bars love them. They do impact downtown, so they feel the most fair would be to let them help with that, in some way fair, in a way that all entrepreneurs can contribute. This is their livelihood. 07:03:31 PM (01:03:31) Jeff Loeb, Public Comment Can understand the vacation rental owners, but can also relate to times when things DO get out of control. He asked the Commission to be sensitive to the local residents as well. 07:05:30 PM (01:05:30) Drew Dixon, Public Comment As owned and operated a number of trucks over the years in Bozeman. He and his wife were able to start a business with $10,000. But nowadays in Bozeman you can’t start a business without money. Many of the lunchtime customers are people that work downtown. The opposition to mobile vending is coming from a select few owners downtown. He relayed a few nasty stories from restaurant owners. Chris Naumann’s recommendations displayed no knowledge of the food truck industry. 07:09:24 PM (01:09:24) Katherine McQuarter, Public Comment Ms. McQuarter owns a food truck that she is building. Building her business gives her the opportunity to spend time with her children and spend more face time with her customers. She pleads for civil discourse and making this successful for everyone. Bozeman is growing so fast, there has to be a place for all. Possibly a section of town or an empty lot where food trucks can come together would be a possible balance. 40 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 7 of 19 07:11:46 PM (01:11:46) Vonda Laird, Public Comment In regards to vacation rentals, already abides by state fire regulations and code. The City should watch that closely and go by those. In regards to food trucks, Chris Naumann has done a good job of putting guidelines and restrictions together. Downtown Bozeman is full, but food trucks can be a part of downtown, but there should be cooperation, maybe there can be a place for them. 07:14:07 PM (01:14:07) Jenny Stratton, Public Comment She does here horror stories from clients regarding zoning requirements and Conditional Use Permits. 07:15:08 PM (01:15:08) Emily Pearson, Public Comment She owns a food truck in Bozeman. She appreciates the new policies that were drafted. Food trucks have a place, so let’s cooperate. She addressed the partnership with the Downtown Bozeman Association. 07:17:12 PM (01:17:12) Rabbi Staffman, Public Comment When he and his wife purchased his home, they deliberately looked for a home with neighborhood character. He is now worried that what he bought has the potential to be lost. There is a distinction between on-site and absentee owners running businesses. There is reason for zoning restrictions. Young people can’t find rentals, partly because of this issue. 07:20:31 PM (01:20:31) Charlene Luxinger, Public Comment The City recently passed legislation for the new high school. When she bought her house, she looked for the rental restrictions because she has to make up some income as she is on a fixed income. As a vacation rental owner, she would be very considerate. 07:22:53 PM (01:22:53) Bob Fletcher, Public Comment Mr. Fletcher is the owner of Burger Bob’s and the Cannery. The restaurant/hospitality industry is booming in Bozeman, and not for the better. Food and alcohol is EVERYWHERE. We are creating a “Little New Orleans” and losing small shops to bars and food trucks and restaurants. The parking situation is a terrible problem. 07:26:05 PM (01:26:05) Kierst Rabinowicz, Public Comment She is the owner of Bisl restaurant. She supports food trucks but there need to be regulations. Food trucks’ share is not fair compared to downtown businesses. She wants to work together. 07:27:57 PM (01:27:57) Mary Bentley, Public Comment Ms. Bentley is the owner of Open Range. She asked the Commission if they have researched what other towns have down. There are great policies out there so she’s confused as to why it’s taking Bozeman so long. Most food trucks in other cities and towns are bonded. 07:29:56 PM (01:29:56) Hans Figel, Public Comment He wanted to discuss the red herring that people are buying up properties just for vacation rentals. 41 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 8 of 19 There is incentive to keep properties in good shape if they are vacation rentals. The only two complaints he’s had as a vacation rental owner was about the neighbors. College rentals are much more of an issue. 07:33:00 PM (01:33:00) Lisa Prue, Public Comment Ms. Prue is the INC Representative for Cooper Park. She quoted Community Development Director Wendy Thomas’s staff report. People need to stay active in the process and not listen to inaccurate information. She noted that Austin, TX’s policy seems to work well. She asks that the Commission takes time to get to this decision, as she did not sign the INC letter. 07:36:09 PM (01:36:09) Kelly Wiseman, Public Comment Mr. Wiseman discussed the expenses that downtown businesses need to put into their buildings. He felt disrespected that City Management doesn’t prioritize this issue. He thinks the area where food trucks are not allowed should be beyond just downtown and the arterial and collectors. 07:38:31 PM (01:38:31) Bob Chase, Public Comment In his travels he’s seen groups of food trucks in specialized areas. He is more concerned about vacation rentals. Because he travels a lot, how will the City address house sitters? Additionally, people often need short term rentals. 07:40:42 PM (01:40:42) Babs Noelle, Public Comment Ms. Noelle spoke as a downtown business owner. Downtown business owners contribute significant finances in the downtown. Mobile vending is not the same playing field because of the lesser financial investment. Mobile vendors don’t bring anything to the downtown, but do bring negative impacts. 07:44:19 PM (01:44:19) Paul House, Public Comment Mr. House owns a local vacation rental business. Short term rentals should have some level of regulation, specifically in terms of total numbers. He doesn’t believe long-term rentals are really being affected. Corporate ownership should be disallowed. Compliance should also be enforced. 07:47:54 PM (01:47:54) Keith Robbins, Public Comment Mr. Robbins is a local food truck owner, and it’s true that they don’t pay as much in fees and taxes. But this is a different sort of option. Most perceived concern is the fairness issue, not the money issue. He is also a member of the DBA. Mobile businesses are often not members of the DBA NOT by choice of their own, as many are denied access to contribute. Change is coming to Bozeman and asked the Commission to not pass regulations that would put mobile businesses out of business, as many are incubators. 07:51:06 PM (01:51:06) Public Comment Closed Mayor Taylor closed public comment. H. 07:51:12 PM (01:51:12) Mayoral Proclamation 1. Hiring Our Heroes Mayor Taylor proclaimed the City’s support of Hiring Our Heroes, supported by the U.S. Chamber of 42 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 9 of 19 Commerce and KISS. 07:53:04 PM (01:53:04) Break Mayor Taylor called a break until 8:00 PM. 08:02:01 PM (02:02:01) Meeting Called Back to Order Mayor Taylor called the meeting back to order at 8:01 PM. I. Action Items 1. 08:02:41 PM (02:02:41) Approve the Interlocal Agreement with Gallatin County for the Law and Justice Center Project and Authorize the Mayor to Sign the Agreement on Behalf of the City (Winn)  08:02:54 PM (02:02:54) Staff Presentation Assistant City Attorney Karen Stambaugh presented on the Joint Law & Justice Center Interlocal Agreement. She presented the background of the project, the project site plan, project and property ownership, project financing, project management, condominium management, and operations and maintenance. Administrative Services Director Anna Rosenberry discussed the project costs, allocated 70/30 (County/City). She demonstrated the total costs, the City’s share, and the County’s share. 08:16:23 PM (02:16:23) Questions of Staff CR Pomeroy asked for clarification that on the ballot, County residents will be asked once, and the City will be asked twice (City and County). Discussion compared this project to the County jail. Director Rosenberry, City Manager Kukulski, and Assistant City Manager Winn all spoke to the process of getting to this agreement. She also asked if there was a fixed cost. ACM Winn responded. CR Krauss asked what would happen if the project comes in at a higher cost. ACM Winn responded. He also asked what a debt service levy was. Director Rosenberry responded. He asked a follow-up about approximate total amount of City residents’ payment, being $40 million. CR Mehl clarified the City/County interest rate difference and why the bond was decided, and if the numbers will be dialed in for the ballot language. ACM Winn responded that August 15th is the ballot language deadline, but there will be a special meeting on August 11th. DM Andrus asked a clarification about the County/City vote and if one doesn’t pass, and if one party can terminate if one levy fails. She also had a follow-up regarding land ownership. Mayor Taylor asked why this project was different from the Rouse Justice Center. 08:44:34 PM (02:44:34) Public Comment Mayor Taylor opened public comment. There was no public comment. Public comment was closed. 43 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 10 of 19 08:45:00 PM (02:45:00) Motion that having considered public comment and the information presented by staff, I hereby move to authorize the Mayor to sign the Law and Justice Center Project Interlocal Agreement with additional changes consistent with the purpose and intent of the attached draft. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd 08:45:24 PM (02:45:24) Discussion DM Andrus discussed that this project was a long time coming, and now it is joint, which is a good thing. CR Pomeroy agreed with DM Andrus and she supports the project. CR Krauss will vote to put the bond on the ballot, but he does not endorse the project. It will be more expensive for the citizens of Bozeman. CR Mehl supports the motion AND the project. The role of the City is to keep people safe, and he does not think this project is frivolous. CR Pomeroy added that she would be very happy if we could cut the cost at all. Mayor Taylor spoke to the effort made to keep costs down, as well as the difference between this and the Rouse Justice Center project, and how much this is needed, and that this is the time. 09:03:12 PM (03:03:12) Motion and Vote that having considered public comment and the information presented by staff, I hereby move to authorize the Mayor to sign the Law and Justice Center Project Interlocal Agreement with additional changes consistent with the purpose and intent of the attached draft. Motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 2. 09:03:29 PM (03:03:29) Continuation of the Public Hearing on Application 15439, the Sundance Apartments Conditional Use Permit and Site Plan from July 11, 2016 to August 8, 2016.  09:03:50 PM (03:03:50) Staff Presentation Community Development Assistant Director Chris Saunders discussed the need of a continuance. 09:04:38 PM (03:04:38) Questions of Staff 44 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 11 of 19 There were no questions for staff. 09:04:40 PM (03:04:40) Public Comment Mayor Taylor opened public comment. 09:04:57 PM (03:04:57) Emily Kelly, Public Comment Ms. Kelly wanted to know why the CUP was requested. Assistant Director Saunders responded. 09:06:27 PM (03:06:27) Public Comment Mayor Taylor closed public comment. 09:06:32 PM (03:06:32) Motion to hereby continue the public hearing on application 15439, the Sundance Apartments Conditional Use Permit and Site Plan application from July 11, 2016 to August 8, 2016. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 09:06:52 PM (03:06:52) Discussion There was no discussion. 09:06:56 PM (03:06:56) Motion and Vote to hereby continue the public hearing on application 15439, the Sundance Apartments Conditional Use Permit and Site Plan application from July 11, 2016 to August 8, 2016. Motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 3. 09:07:13 PM (03:07:13) A Conditional Use Permit (CUP) with Certificate of Appropriateness Application to Allow the Sales of Alcohol for On-Premise Consumption and to Modify the Building Facade at 25 West Main Street for a New Restaurant, Jam Fusion Cafe (Quasi-Judicial) (Owens)  09:08:09 PM (03:08:09) Staff Presentation Planner Rebecca Owens presented the CUP with COA request, the vicinity, the façade, the proposed seating and patio, its relationship to the NCOD, proposed changes, a comparison to similar downtown 45 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 12 of 19 storefronts, and the parking allocations. Ms. Owens discussed the findings of the application and provided DRC’s recommendation. 09:18:51 PM (03:18:51) Questions of Staff There were no questions for staff. 09:19:09 PM (03:19:09) Aaron Parker, Applicant Presentation Mr. Parker is a long-time Bozeman resident and restaurant owner. Franks is transitioning into Jam Café, focusing more on breakfast. With their menu, they are hoping to serve beer and wine, and he fully understands the conditions of the staff report. 09:22:06 PM (03:22:06) Questions of Applicant DM Andrus asked about the planned hours of the establishment, as well as catering. CR Pomeroy asked what kind of food they would be serving. 09:25:32 PM (03:25:32) Public Comment Mayor Taylor opened public comment. There was no public comment. Public comment was closed. 09:25:48 PM (03:25:48) 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 16199 and move to approve the 25 West Main Street Conditional Use Permit with Certificate of Appropriateness to allow the establishment of sales of alcohol for on-premise consumption and to modify the building facade with conditions and subject to all applicable code provisions. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 09:26:18 PM (03:26:18) Discussion CR Krauss discussed the new hotels and office buildings and residential entering downtown Bozeman, and now we get new ideas like this. CR Mehl notes there are no relaxations in the application so he agrees with staff’s recommendation. DM Andrus supports the motion as well. CR Pomeroy agreed with the other Commissioners. Mayor Taylor supports the motion, and noted the need to pay attention to the balance of businesses downtown. 09:30:37 PM (03:30:37) Motion and Vote 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 16199 and move to approve the 25 West Main Street Conditional Use 46 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 13 of 19 Permit with Certificate of Appropriateness to allow the establishment of sales of alcohol for on- premise consumption and to modify the building facade with conditions and subject to all applicable code provisions. Motion passed 5-0. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 4. 09:30:53 PM (03:30:53) & 09:49:50 PM (03:51:42) Vacation Rental Code Development and Community and Commission Priorities for Fiscal Year 2017 (Thomas/Kukulski)  09:31:05 PM (03:31:05) City Manager Kukulski asked the Commission about preferences for tonight’s items given the time. 09:31:53 PM (03:31:53) Mayor Taylor changed the agenda and moved Action Item 6 up to let attending citizens leave at a reasonable hour. 6. 09:32:57 PM (03:32:57) Adopt the Bozeman Sports Park Master Plan (Poissant)  09:33:23 PM (03:33:23) Staff Presentation Trails, Open Space, and Parks Manager Carolyn Poissant presented the Bozeman Sports Park Master Plan. Municipal Code calls for Commission approval of master plans. If approved, they will be moving into the site plan stage that will involve public input. She discussed design consideration, the Master Plan itself, project phasing, funding, and next steps. 09:41:47 PM (03:41:47) Questions of Staff DM Andrus asked about the vending building. She also had a follow-up about a possible shared-use path. She also asked about the crosswalk at Baxter Lane. 09:46:16 PM (03:46:16) Public Comment Mayor Taylor opened public comment. 09:45:54 PM (03:47:46) Chris Naumann, Public Comment As a member of the Bozeman Sports Park Foundation, he expressed their support of the plan. 47 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 14 of 19 09:47:06 PM (03:47:06) Keith Robbins, Public Comment Mr. Robbins asked if the Commission would consider asking the planning board leave some designated mobile vending sports around the park to alleviate the mobile vending issue. 09:47:53 PM (03:47:53) Motion that in consideration of all public input, the staff presentation, and information received to date, I hereby move to approve the adoption of the Bozeman Sports Park Master Plan as per the Bozeman Municipal Code Section 26.02.220. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 09:48:19 PM (03:48:19) Discussion CR Mehl stated that despite the parking is in flux, the plan has been well-studied CR Krauss stated that he appreciated the effort that went on to engage the public. 09:50:11 PM (03:50:11) Motion and Vote that in consideration of all public input, the staff presentation, and information received to date, I hereby move to approve the adoption of the Bozeman Sports Park Master Plan as per the Bozeman Municipal Code Section 26.02.220. Motion passed 5-0. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 4. (continued) 09:30:12 PM (03:32:04) & 09:50:28 PM (03:50:28) Vacation Rental Code Development and Community and Commission Priorities for Fiscal Year 2017 (Thomas/Kukulski)  09:52:01 PM (03:52:01) Mayor Taylor extended the meeting to 10:30 PM. 09:52:11 PM (03:52:11) Staff Presentation Community Development Director Wendy Thomas presented on vacation rentals. Director Thomas discussed short term rentals and emerging issues for the community, the need for more data, the Commission priorities set in February, the recommended action of the Commission, best practices, existing regulations, the need/urgency, resources, limitations of enforcement, neighborhood concerns, potential next steps, Community Development resource allocation. 48 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 15 of 19 10:03:57 PM (04:03:57) Questions of Staff CR Mehl asked is it correct if we don’t charge for voluntary fire inspection. Deputy Chief/Fire Marshal Trisha Wolford contributed to the discussion. Fees and fire inspections, and short vs. long-term rental inspections were discussed. He followed up with clarification of on-site/kitchen specifics for rentals. He also asked how the City would follow state code. CR Pomeroy asked license fees, bed tax, parking, and the limiting of total numbers. DM Andrus asked about compliance and enforcement, and the fact that it is complaint driven. CR Krauss asked approximately how many of these short term rentals were illegal. Director Thomas guessed an easy 200. He followed up with the purpose of zoning, and the purpose of Conditional Use Permits. Discussion entailed realistic solutions given limited enforcement. 10:30:33 PM (04:30:33) Meeting Extended Mayor Taylor extended the meeting to 11:00 PM. 10:30:32 PM (04:32:24) Questions of Staff Continued CR Krauss continued, and asked about commercial vs. residential. Mayor Taylor asked what the filing fee for a Conditional Use Permit was. Director Thomas responded $1470. 10:38:11 PM (04:38:11) Public Comment Mayor Taylor opened public comment. 10:38:25 PM (04:38:25) Jodi Richards, Public Comment Ms. Richards is a local short-term rental business manager. She discussed that there are duplicates in AirBnB and VRBO. There are likely 200-ish, and many are illegal. Getting a better idea on the data is the most important step. She does get fire inspections on her houses. 10:41:54 PM (04:41:54) Susie Hall, Public Comment Ms. Hall is a vacation rental manager in the area. She thinks the time is right for regulation, and that it’s appropriate to limit the number of rentals in a neighborhood. There are many rentals that are currently unlicensed and uninspected. If homes are well-managed, this is a non-issue. She strongly recommends the Commissioners not adopt emergency zoning. She is not aware of any state rules limiting numbers of occupants, except a regulation based on septic systems. 10:47:08 PM (04:47:08) Sharon Warren, Public Comment Ms. Warren is a neighbor to a short-term rental. She stated a complaint she experienced with the property. Of seven homes on her block, one is a vacation home, one is an illegal AirBnB, one home is vacant and on the market. Ms. Warren commented that CR Krauss stated in the past that he wouldn’t like a variance in his neighborhood. 10:50:08 PM (04:50:08) Ron Brey, Public Comment There is a need for an emergency ordinance, there should be a moratorium while data is collected. 49 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 16 of 19 Enforcement is a huge issue, and the City needs to figure out an approach before the complaints start coming in. His suggestions are that these should be owner-occupied. 10:54:16 PM (04:54:16) Carl Warren, Public Comment Mr. Warren didn’t want to move to Big Sky because he didn’t want a transitory neighborhood. He would recommend appoint an advisory committee made up of citizens to come up with free solutions. There should also be a moratorium in the meantime. 10:56:55 PM (04:56:55) Marjorie Smith, Public Comment Made a vacation rental on her property and has been a financial saving grace. She discussed the nuances of zoning and accessory dwellings. 11:00:33 PM (05:00:33) Meeting Extended Mayor Taylor extended the meeting to 11:30 PM. 11:00:36 PM (05:00:36) Cassi Clampitt, Public Comment GAR Government Affairs Director, Ms. Clampitt, stated that she doesn’t feel it’s fair to shut down vacation rentals, but it’s also time for regulation. GAR offered its help as well. 11:02:06 PM (05:02:06) Public Comment Mayor Taylor closed public comment. 11:02:08 PM (05:02:08) Discussion Mayor Taylor suggested that the Commission make some comments on this issue, but only for 15 minutes, and continue the discussion at the next meeting. CR Krauss discussed why he initially discussed an interim ordinance, and the nuances of R zoning. CR Mehl doesn’t think an interim ordinance is needed, he will put a time limit in place. He is in favor of a not-to-exceed cap for neighborhoods, and incentivize owners to come in, as well as an on-site owner and ban corporate ownership. DM Andrus discussed she’s in favor of putting on the breaks. Safety issues, ADA compliance, insurance, bed tax, neighborhood character, and compliance are all issues to look at. We should devote the next 6 months to data collection and make this a priority in 2017. CR Pomeroy wants people to register and pay fees. She would be in favor of a number cap. CR Krauss mentioned that the medical marijuana issue got figured out without it being a goal. Mayor Taylor stated that this falls under the purveyance of the UDC rewrite. He would support further discussing this at the next meeting. He would also suggest amending the UDC to halt for now. No motion is required. Advertised as an Action Item so that Commissioners may review the recommendations, gather additional public input, and provide direction to staff. 5. 11:22:48 PM (05:22:48) Policy Discussion on Mobile Vending (Thomas/Kukulski)  50 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 17 of 19 11:23:08 PM (05:23:08) Staff Presentation Community Development Director Wendy Thomas began to present mobile vending, but Mayor Taylor suggested the City only take public comment for the remainder of the evening. The item was moved to August 1, 2016. 11:24:58 PM (05:24:58) Public Comment Mayor Taylor opened public comment. 11:25:16 PM (05:25:16) Nate Harris, Public Comment Mr. Harris opposes the current proposed regulations on food trucks. He would propose a business license with the City and a health inspection. Food trucks make downtown vibrant. We have an underused parking garage. Competition is part of the economy, and the DBA should not have oversight of food trucks if they won’t allow food trucks to join. 11:27:28 PM (05:27:28) Joe Cobb, Public Comment Mr. Cobb is the owner of the Naked Noodle. Summer is the most important time for his business financially. Food truck Fridays, Lunch on the Lawn, and Music on Main significantly impacts his business. Food trucks are undermining downtown businesses. He asks that mobile vending get relocated to another location. 11:32:04 PM (05:32:04) Meeting Extended Mayor Taylor extended the meeting to 11:40 PM. 11:32:47 PM (05:32:47) Jay Blaskey, Public Comment Mr. Blaskey is the owner of Tumbleweeds food truck. He stated that he wants to work with the downtown businesses. He does agree there should be some regulation, structure, and payment to “play.” There have been fruitful discussions in the past and he wants to be involved in the future. 11:35:39 PM (05:35:39) Chris Naumann, Public Comment Mr. Naumann, Executive Director of the Downtown Bozeman Association, reminded the public that he has been collecting information for the past 7 months. He has worked with City staff to develop the regulatory framework proposed. He clarified that DBA dues do not contribute to the BID and TIF, and that these are funded just by the property owners. 11:37:55 PM (05:37:55) Meeting Extended Mayor Taylor extended the meeting to 11:45 PM. 11:38:00 PM (05:38:00) Kelsey Shurg, Public Comment Ms. Shurg owns one of the fashion trucks, and she’s contributing to the retail scene in a different way. She respects downtown businesses and abides by parking laws. The best practices listed in the Commission Memo are sufficient, and that yes, she is willing to contribute more fully to be included. 51 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 18 of 19 11:40:29 PM (05:40:29) Ryan Olson, Public Comment Mr. Olson thinks that the Commission should implement the ordinance recommended in the staff ordinance for safety reasons, as sidewalks are not meant for commercial purposes. 11:41:43 PM (05:41:43) Jeff Stevens, Public Comment Mr. Stevens owns a restaurant on N. 19th, and is a fan of entrepreneurship and that competition brings quality. 11:42:35 PM (05:42:35) Public Comment Mayor Taylor closed public comment. No motion is required. Advertised as an Action Item so that Commissioners may review the recommendations, gather additional public input, and provide direction to staff. J. 11:42:59 PM (05:42:59) FYI/Discussion 1. Mayor Taylor mentioned the Government Finance Officers Association’s Certificate of Achievement for Excellence in Financial Reporting award to Controller Brian LaMeres. 2. City Attorney Sullivan clarified the Board of Adjustment public comment from earlier in the evening, and that the City Commission has taken on the powers of the Board of Adjustment, which is allowed by state statute. The Commission agreed that it did not need to be a future agenda item at this point. K. 11:45:28 PM (05:45:28) Adjournment Mayor Taylor adjourned the meeting at 11:44 PM. ___________________________________ Carson Taylor Mayor ATTEST: ___________________________________ Robin Crough, MPA City Clerk 52 Draft Minutes - Bozeman City Commission, July 11, 2016 Page 19 of 19 PREPARED BY: ___________________________________ Robin Crough, MPA City Clerk Approved on: ___________________________________ 53