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Home My WebLink About02-06-17 City Commission Minutes I THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA G MINUTES Monday, February 06,2017 !' t Deputy Mayor-Cynthia Andrus: Present Commissioner-Jeff Krauss: Present . Mayor-Carson Taylor: Present 1' Commissioner-Chris Mehl: Present Commissioner- I-Ho Pomeroy: Present Staff Present at the Dais: City Manager Chris Kukulski, City Attorney Greg Sullivan, City Clerk Robin Crough A. 06:00:01 PM (00:01:52)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:00 PM. j S' k B. 06:00:09 PM (00:02:00)Pledge of Allegiance and a Moment of Silence 06:01:00 PM (00:02:51)Announcement Mayor Taylor made an announcement about room capacity and the process for the public comment this is evening, given the large crowd. C. 06:02:24 PM (00:04:15)Changes to the Agenda City Manager Kukulski noted that the City Clerk had a Public Service Announcement. k 06:02:45 PM (00:04:36) Public Service Announcement City Clerk Robin Crough notified the public that there is a new Online City Hall topic regarding a master plan for the Westlake BMX Park. r D. 06:03:08 PM (00:04:59)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) a i 2. Authorize the Mayor to Sign the Findings of Fact and Order for the South University District Phase 2 Minor Subdivision Preliminary Plat, Application 16469 (Quasi-Judicial) (WerBell) "°73 a ) Page 1of11 Bozeman City Commission Meeting Minutes,February 6,2017 3. Authorize the City Manager to Sign Amendment 2 to the Professional Services Agreement with Robert Peccia and Associates for the 5.3 Million Gallon (MG) Water Storage Reservoir Project(Murray) '7 a 4. Resolution 4757,Allocation of Additional 2012 Trails,Open Space and Parks Bond Funding for the Bicycle and Pedestrian Pathway to the "M" and Drinking Horse Mountain Project (Poissant) , a 5. Resolution 4774,Confirming the Appointment of Police Officers in Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113 (Crawford) , a 6. Resolution 4717, Completion of the Kable Subdivision Annexation and Authorization of City Manager Signature on the Annexation Agreement for Lots 5-8, Block 2, Kable Subdivision (WerBell) , a 7. Ordinance 1960 Provisional Adoption, Kable Subdivision Annexation Zone Map Amendment, Located at 2406 Durston Road and 505, 515 and 525 North 25th Avenue, Application 16252 (WerBell) " a 06:03:12 PM (00:05:03)City Manager Overview City Manager Chris Kukulski provided a brief overview of Consent Items 1-7. 06:04:50 PM (00:06:41) Public Comment Mayor Taylor opened public comment on Consent Items 1-7. There was no public comment on Consent Items 1-7. Mayor Taylor closed public comment on Consent Items 1-7. 06:05:05 PM (00:06:56)Motion and Vote to approve Consent Items 1-7 as submitted. The motion passed 5-0. Commissioner-Jeff Krauss: 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 E. 06:05:26 PM (00:07:17) Public Comment Mayor Taylor opened public comment. 06:06:48 PM (00:08:39)Erica Coyle, Public Comment Erica Coyle, Executive Director of Haven,discussed context of Special Presentation 2.She expressed her support for the End the Silence Group,and noted the numerous organizations that work together to support survivors and prevent violence. Page 2 of 11 Bozeman City Commission Meeting Minutes,February 6,2017 06:08:52 PM (00:10:43}Margarita McClargy,Public Comment Ms. McClargy discussed a potential resolution for naming Bozeman a Sanctuary City. She asked the crowd how many in the room supported this idea,and the majority of the room stood. She discussed the idea of sanctuary and the number of other cities that supported. 06:12:48 PM (00:14:39)Dasho Brill,Public Comment Ms. Brill, a litigation attorney, discussed the nature and purpose of a Sanctuary City. She discussed the i legal implications.She discussed the reasons why Bozeman would want to declare itself as a Sanctuary City. She stated that City officials have a duty to send a message of respect. 06:17:14 PM (00:19:05)Anne Canadas,Public Comment i Ms. Canadas stated that there are three critical components to a healthy city, and immigration is one of f them. A 06:17:49 PM (00:19:40)Mary Anne, Public Comment The speaker was a daughter and mother of an immigrant, and spoke of her family's history. 06:21:16 PM (00:23:07)Anthony Smith,Public Comment Mr. Smith stated he is the son of immigrants, and supports the movement. But he came for a different reason,that the current administration spent too much on the Law &Justice Center before the citizens' approval. �i 06:23:05 PM (00:24:56)Connie Campbell Pearson,Public Comment Ms. Campbell Pearson read the proposed resolution declaring Bozeman as a Sanctuary City. 06:27:35 PM (00:29:26) Wilbert Van Stratten,Public Comment Mr. Van Stratten noted that he was an immigrant, and the country provided him with opportunity. s 06;29:25 PM (00;31:16)Keegan Natian,Public Comment Ms. Natian spoke of the refugees she's met and spoke of their credit,and that this would mean a lot to her. 06:31:16 PM (00:33:07) Public Comment Closed Mayor Taylor closed public comment and provided a few minutes for the room to clear. 06:33:07 PM (00:34:58)Call to Order Mayor Taylor called the meeting back to order. F. 06:33:17 PM (00:35:08)Special Presentation 1. 06:33:30 PM (00:35:21) Annual Update from Bozeman Yellowstone International Airport a 4 Page 3 of 11 F e Bozeman City Commission Meeting Minutes,February 6,2017 Director Brian Sprenger 0 a Airport Director Brian Sprenger provided an update on the Bozeman Yellowstone International Airport, and the success of the airport in recent decades, and where growth is headed. He discussed the airport's wish list for upcoming routes. He went into detail about the upgrades of individual airlines. He discussed the future possibility of Southwest Airlines. He also discussed recent and upcoming capital improvements. 06:55:39 PM (00:57:30)Questions/Comments CR Krauss noted a very cheap ticket he recently bought, and that he appreciated Mr. Sprenger's work. CR Mehl asked if there was any Canadian service to other Montana cities, and whether it would be a domestic or Canadian airline. He also asked about guaranteed flights. 2. 07:01:26 PM (01:03:17) Domestic Violence in the Community Presentation from Haven's End the Silence Group Erin Shattauer introduced Haven's End the Silence group.She mentioned that the group's primarily goal is to speak out about survivors and their stories.She noted that this is a community issue, not just a family issue. She discussed recent public events that they have presented.She discussed the options available to survivors for getting help. Angie, a survivor of domestic violence, discussed her situation of emotional abuse ten years ago. She discussed the community's reaction (or lack of) at that time, and what the role of the community should be now.She also asked the City to provide Haven with financial support. Amanda, part of the End the Silence group 2,spoke of her emotionally and physically abusive relationship,that progressed to severe stalking.She also asked the Commission for funding. She presented data on stalking and abuse. Erin Shattauer noted the support Haven already receives through the City.She proposed three action items for the City: 1.A Mayoral Proclamation that Bozeman stands with survivors and supports a culture of nonviolence, 2.Training for department heads to recognize domestic violence and teach what can be done to help, and 3. Provide financial support to organizations like Haven. 07:21:44 PM (01:23:35)Questions/Comments Mayor Taylor thanked the presenters, and he can promise a future Mayoral Proclamation. CR Pomeroy stated that domestic violence is a community issue, and that she has used Haven for a friend, and appreciates the work they do. CR Mehl stated that budgets start July 1st, and that they will consider what was said. He thanked them for leading by example. 07:24:10 PM (01:26:01) Recess Mayor Taylor called a break until 7:30 PM. Page 4 of 11 I Bozeman City Commission Meeting Minutes,February 6,2017 i, 4 3 4 07:34:37 PM (01:36:28)Call to Order i Mayor Taylor called the meeting back to order at 7:34 PM, l is G. 07:34:45 PM (01:36.36)Action Items ( a 1. 07:34:51 PM (01:36:42) Adoption of Ordinance 1970, Extending Interim Zoning Ordinance 1958, Changing The Uses Allowed Within The R-1, R-2, R-S, And NEHMU Zoning Districts By Removing"Extended Stay Lodgings"as a Conditional Use in those Districts, for an Additional j Six-Month Period (Winn/Stambaugh) a ; 07:35:17 PM (01:37:08)Staff Presentation Assistant City Manager Chuck Winn discussed Ordinance 1970,which would extend Ordinance 1958 for six months. He presented the history of the issue, as well as what the City has been doing for the previous six months, including the outreach that has been done. l l r 1. 07:38:55 PM (01:40:46)Questions of Staff CR Pomeroy asked what the differences are between short-term and long-term rentals.She asked if both have the same problems regarding noise, etc. She asked how many people have applied for CUPS in these zoning districts.She asked why the six months were needed. She asked if 3 months would be sufficient. > CR Krauss asked is this is another emergency finding. He asked if this only applies to the stated districts, and if they are still permitted in all other districts. He asked what would happen if the City let this expire. E I. DM Andrus asked if there are any negative impacts for extending this. IE CR Mehl asked whether it is a Conditional Use Permit or a Certificate of Appropriateness. CR Krauss asked if they could just find that there are no conditions that mitigate the impacts, and therefore turn them all down. City Attorney Sullivan responded in detail. CR Mehl asked that they can consider anything within 6 months. City Attorney Sullivan stated that the intention is to come back with a permanent ordinance before then. CR Pomeroy asked why are the other zoning districts are not excluded. Mayor Taylor asked if the proposal could be ready in 2 days. Mr.Winn stated no. 07:54:17 PM (01:56:08) Public Comment Mayor Taylor opened public comment. it 07:54:25 PM (01:56:16)Marilee Brown, Public Comment Ms. Brown discussed her ability to rent her home by referencing state law. She stated that the City has no authority to restrict on this issue, and it has a huge negative impact on citizens. She asked that the Commission exempt owner-occupied units. 07:58:58 PM (02:00:49)Brian Segel,,Public Comment Mr. Segel asked that the ban gets lifted, exempting R-1. People need to be able to rent their home.A 3 4 t Page 5 of 11 Bozeman City Commission Meeting Minutes,February 6,2017 month ban would resolve the issue before the summer busy season. Lift the ban and come in with regulations later. 08:02:06 PM (02:03:57)Ron Brey,Public Comment Mr. Brey discussed the review tools being currently used.Tonight, extending the ordinance helps the process to finish. 08:03:29 PM (02:05:20)Jim Goetz, Public Comment Mr. Goetz lives in an R-1,and has invested in his neighborhood, and supports the extension of the ban. He asked the Commission to consider those that aren't trying to make money. He noted that the City doesn't currently have enforceable standards to comply. 08:06:06 PM (02:07:57)Robert Black,Public Comment Mr. Black discussed that he shut down his rental after the interim ordinance last summer. He supports Ms. Brown's previous comments.The Commission is obliged to take Ms. Brown's research into account. He also stated a 3 month period would be sufficient, and that many people rely on this income to pay city taxes. 08:09:07 PM (02:10:58)Elena Garcia,Public Comment Ms. Garcia stated that she owns a property rental company, and the guests she brings in are a positive aspect to the community. She supported Ms. Brown's earlier comments, and that the City should only focus on commercial rentals. She doesn't see a need for the ban. 08:13:07 PM (02:14:58) Public Comment Closed Mayor Taylor closed public comment. 08:13:16 PM (02:15:07) Questions of Staff CR Mehl asked the City Attorney for clarification on state law. 08:13:51 PM (02:15:42) Public Hearing Closed Mayor Taylor closed the public hearing. 08:13:55 PM (02:15:46)Motion that having conducted a public hearing and considered public testimony, and finding the City requires additional time to study the issue and develop solutions,I hereby move to adopt Ordinance 1970 extending Interim Zoning Ordinance 1958 for an additional three-month period or until such time as the City acts to amend the municipal code or reinstate the conditional use, whichever is earlier. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor-Cynthia Andrus: 2nd 08:15:06 PM (02:16:57) Discussion Page 6 of 11 I Bozeman City Commission Meeting Minutes,February 6,2017 3 l CR Pomeroy stated that is their civic duty to help citizens be prosperous.Six months is too long. DM Andrus does not support the motion.The information as proposed in the original motion states that l six months is only a maximum. i'. CR Mehl stated that he's heard the gamut of questions,and we want to do this right,which takes some time. Mayor Taylor would also rather get the right ordinance in front of the Commission. He noted that Black Olive (which was mentioned) has not come before the Commission yet. 08:20:09 PM (02:22:00) Vote that having conducted a public hearing and considered public testimony, and finding the City requires additional time to study the issue and develop solutions,I hereby move to is adopt Ordinance 1970 extending Interim Zoning Ordinance 1958 for an additional three-month period j i or until such time as the City acts to amend the municipal code or reinstate the conditional use, whichever is earlier. The motion failed 1-4. a Commissioner-I-Ho Pomeroy: Motion y Deputy Mayor-Cynthia Andrus: 2nd Deputy Mayor-Cynthia Andrus: Disapprove p Commissioner-Jeff Krauss: Disapprove i Mayor-Carson Taylor: Disapprove Commissioner-Chris Mehl: Disapprove Commissioner- 1-Ho Pomeroy_:Approve f 08:20:27 PM (02:22:18)Motion that having conducted a public hearing and considered public s testimony, and finding the City requires additional time to study the issue and develop solutions,I hereby move to adopt Ordinance 1970 extending Interim Zoning Ordinance 1958 far an additional six- month period or until such time as the City acts to amend the municipal code or reinstate the conditional use, whichever is earlier. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd 08:20:56 PM (02:22:47) Discussion j DM Andrus incorporated her earlier comments, an stated that in order for her to make the best decision I< possible,there needs to be more time given to the staff. X CR Krauss stated that this level of public outreach takes time.A better decision will come with adequate public comment and adequate study. Mayor Taylor expects that staff may come back earlier than six months. 08:25:22 PM (02:27:13) Vote that having conducted a public hearing and considered public testimony, ( and finding the City requires additional time to study the issue and develop solutions,I hereby move to adopt Ordinance 1970 extending interim Zoning Ordinance 1958 for an additional six-month period or until such time as the City acts to amend the municipal code or reinstate the conditional use, 3 whichever is earlier. The motion passed 4-1. ) Page 7 of 11 ;[ li 3i 1� fi Bozeman City Commission Meeting Minutes,February 6,2017 Deputy Mayor-Cynthia Andrus: 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: Disapprove 2. 08:25:39 PM (02:27:30)Appointment to the Bozeman Tree Advisory Board (Michalson) , a 08:25:46 PM (02:27:37) Discussion Mayor Taylor will do this at a later date,after he's had a chance to speak with the applicants. 3. 08:26:09 PM (02:28:00)Appointments to the Impact Fee Advisory Committee(Michalson) 0. a 08:26:13 PM (02:28:04)Motion to appoint Rob Evans to the builder position[with an updated term of December 31,2018], Chris Budeski to the land developer position[with an existing term of December 31,2017],and George Thompson to the citizen of Bozeman not employed in the development position [with an updated term of December 31,2018], to the Impact Fee Advisory Committee. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 08:26:37 PM (02:28:28) Discussion CR Mehl noted the experience of the proposed appointments. He also discussed the status of the current fee study RFP. 08:27:38 PM (02:29:29) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 08:27:40 PM (02:29:31) Vote to appoint Rob Evans to the builder position(with an updated term of December 31,20181, Chris Budeski to the land developer position[with an existing term of December 31,2017], and George Thompson to the citizen of Bozeman not employed in the development position [with an updated term of December 31,2018], to the Impact Fee Advisory Committee. The motion passed 5-0. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Page 8 of 11 I Bozeman City Commission Meeting Minutes,February 6,2017 Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve E 1 4. 08:27:52 PM (02:29.43)Appointments to the City Planning Board (Michalson) Mlk.Ip 08:27:55 PM (02:29:46)Motion to appoint Paul Neubauer, George Thompson, and Jordan Zignego to r, the City Planning Board with updated terms expiring an January 31,2019. s Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss:2nd I 08:28:13 PM (02:30:04) Public Comment 1, Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 08:28:26 PM (02:30:17) Vote to appoint Paul Neubauer, George Thompson, and Jordan Zignego to the City Planning Board with updated terms expiring on January 31,2019. The motion passed 5-0. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Deputy Mayor-Cynthia Andrus:Approve l Commissioner-Jeff Krauss:Approve I€ Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve x 5 i Commissioner-I-Ho Pomeroy:Approve K 5. 08:28:37 PM (02:30:28)Legislative Update(Kukulski) "?.`p 08:29:08 PM (02:30:59)Staff Presentation City Manager Kukulski discussed a rumor that other local units of government are putting pressure on state legislators to lower the gas tax, or provide the tax funds only to MDT. He has assured many in Helena that this is not the stance of the City of Bozeman. MACO is meeting next week and he hopes r support will continue to be discussed. Most urgently, some very damaging TIF bills will be heard this week, and staff and the lobbyist will be in Helena. He invited the Commission to attend any of the hearings with staff. He discussed the conflict of Wednesday, February 15th of the Values Forum at night, and the gas tax hearing in Helena,so recommended the Commission divide and conquer. 08:38:12 PM (02:40:03)Questions of Staff There were no questions of staff. Page 9 of 11 Bozeman City Commission Meeting Minutes,February 6,2017 H. 08:38:19 PM (02:40:10) FYI/Discussion • CR Krauss stated he will try to get up to Helena regarding the TIF legislation. Mayor Taylor discussed with Representative Brown as well. Discussion focused on who in the community was attending. • City Manager Kukulski stated that three members of the public have thanked our Streets Department,so he thanked staff members John VanDelinder and Matt Workman. • City Manager Kukulski stated that with the passage of Marsi's Law, Haven's earlier request will be considered in the budget process. • City Manager Kukulski reminded the Commission of the 11:30 AM meeting this Wednesday at the Chamber of Commerce. I. 08:41:32 PM (02:43:23)Adjournment Mayor Taylor adjourned the meeting at 8:41 PM. CVL� Carson Taylor Mayor ATTEST: B OZ'', �CC� ♦ l .k ♦�•. • Crou h ♦. 1883 •.,�F-City Clerk Ti�v�co�10 •. PREPARED BY: Robin Crough City Clerk Page 10 of 11 Bozeman City Commission Meeting Minutes,February 6,2017 Approved on: &AeDQC.M- 2 0 , --�O l4 Page 11 of 11