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HomeMy WebLinkAbout04-17-17 City Commission Packet Materials - MIN. March Minutes Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Robin Crough, City Clerk Anna Rosenberry, Assistant City Manager SUBJECT: Approve the Regular Meeting Minutes from March 6, March 20, and March 27, 2017, and User Access to Linked Minutes MEETING DATE: April 17, 2017 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 March 6, 2017 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 March 20, 2017 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 March 27, 2017 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 March 6, March 20, and March 27, 2017, 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 April 10, 2017 7 Page 1 of 19 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, March 06, 2017 Deputy Mayor - Cynthia Andrus: Present Commissioner - Jeff Krauss: Present Mayor - Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner - I-Ho Pomeroy: Present Staff Present at the Dais: Assistant City Manager Chuck Winn, City Attorney Greg Sullivan, City Clerk Robin Crough A. 06:00:55 PM (00:02:48) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:00 PM. B. 06:01:02 PM (00:02:55) Pledge of Allegiance and a Moment of Silence C. 06:01:48 PM (00:03:41) Changes to the Agenda There were no changes to the agenda. D. 06:01:53 PM (00:03:46) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Approval of Depository Bonds and Pledged Securities as of December 31, 2016 (Clark)  3. Approve the Final Plat for The Crossing 2 at Baxter Meadows Subdivision, Phase 4F, Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman, and Authorize the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman (WerBell)  4. Authorize the City Manager to Sign a Purchase Agreement with C. Aycock for a Police Canine and Related Training of New Handler (McLane)  5. Ordinance 1923 Final Adoption, Revising Bozeman Municipal Code, Chapter 40, Article 3, Division 3, Wastewater Collection and Treatment System (Cooper)  8 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 2 of 19 06:01:58 PM (00:03:51) City Manager Overview Assistant City Manager Chuck Winn provided a brief overview of the consent items. 06:03:30 PM (00:05:23) Public Comment on Consent Items 1-5. Mayor Taylor opened public comment on Consent Items 1-5. There was no public comment on Consent Items 1-5. Mayor Taylor closed public comment on Consent Items 1-5. 06:03:45 PM (00:05:38) Motion and Vote to approve Consent Items 1-5 as submitted. The motion passed 5-0. 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: Approve E. 06:04:04 PM (00:05:57) Public Comment Mayor Taylor opened public comment. 06:05:18 PM (00:07:11) Danica Jamison, Public Comment Ms. Jamison, President and CEO of the Greater Gallatin United Way, shared a letter from the board, focusing on homelessness. She proposed that the Commission include the following sentence in the Strategic Plan: The City of Bozeman will, through its plans, codes, regulations and policies, actively encourage the development of sustainable and lasting housing options for those families at or below the 60% Average Median Income. 06:08:20 PM (00:10:13) Public Comment Closed Mayor Taylor closed public comment. F. 06:08:24 PM (00:10:17) Action Items 1. 06:08:30 PM (00:10:23) The Glen Lake Commerce Subdivision Preliminary Plat to Subdivide a 5.49-Acre Tract of Record, Located at 93 Griffin Drive, Application 16533 (Quasi-Judicial) (WerBell)  06:08:44 PM (00:10:37) Staff Presentation Planner Mitch WerBell entered his report into the record. He discussed the preliminary plat for the major subdivision, and some challenges associated with Manley Road. He noted two deviation requests, and the transportation infrastructure needed. He noted one public comment in support at the Planning Board, and the DRC and Planning Board both recommend approval. 9 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 3 of 19 06:14:56 PM (00:16:49) Questions of Staff CR Pomeroy asked for further details about the deviations requested. DM Andrus asked about the reason for the alignment, as well as the impact of the railroad tracks on this development and traffic. City Development Review Engineer Shawn Kohtz responded in detail. Mayor Taylor asked if we need more protections for this subdivision. Assistant City Attorney Tim Cooper responded in detail. Mayor Taylor also asked if the parking situation will improve because of this. Engineer Kohtz responded. CR Mehl asked about the responsibility of building Manley Road. 06:29:56 PM (00:31:49) Applicant Presentation Todd Mitchell, Engineer working with the developer and owner, provided background on the project, details of the preliminary plat application, conditions of approval, the waiver request and potential Special Improvement District. 06:40:29 PM (00:42:22) Questions of Applicant CR Mehl asked if the applicant was okay with all the conditions, as well as who the applicant would speak to regarding the railroad. CR Pomeroy asked when the condition of aligning the roads would be met. 06:42:51 PM (00:44:44) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 06:43:07 PM (00:45:00) Questions of Staff CR Mehl asked if the scheduled improvements to the intersection still works with the potential residential use. DM Andrus asked Deputy Chief McLane if he was concerned that emergency services would be delayed by a being behind a train. 06:46:22 PM (00:48:15) Public Hearing Closed Mayor Taylor closed the public hearing. 06:46:27 PM (00:48:20) 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 16533 and move to approve the Glen Lake Commerce Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 10 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 4 of 19 06:46:50 PM (00:48:43) Discussion CR Mehl noted that the desire to get Manley Road done exists from the property across from the subdivision as well. CR Pomeroy noted that this is an infill project and will create industrial areas as well as increase the tax base. CR Krauss thanked the developer for their persistence in finding something that would work at this location. DM Andrus appreciates the willingness to look at the SID. Mayor Taylor also thanked the applicant. 06:52:01 PM (00:53:54) 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 16533 and move to approve the Glen Lake Commerce Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner - Chris Mehl: 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. 06:52:18 PM (00:54:11) Ordinance 1971 Provisional Adoption, a Text Amendment to Revise Section 38.08 040 to Enable Townhomes Subject to the Affordable Housing Provisions of Article 38.43 to Average the Size of Individual Lots to Meet the Lot Area Requirements of Section 38.08.040 and to Add an Advisory Footnote Regarding Lot Width, Application 17016 (Saunders)  06:52:54 PM (00:54:47) Staff Presentation Policy and Planning Manager Chris Saunders discussed the proposed amendment, showing the current language, and noted the criteria of evaluation. He discussed the one public comment, the Zoning Commission recommended approval, and DRC had a concern that brought forward a second edit. 06:56:46 PM (00:58:39) Questions of Staff CR Krauss asked if this is applicable to buildable lots only, as well as if the HRDC paid to put this amendment through. DM Andrus asked about her concern that the affordable units would be substantially smaller. CR Pomeroy asked if the discussion involved mixed sizes for housing. She asked if this would encourage developers to build more affordable housing. CR Mehl asked if this applies to all townhouse clusters. He also asked about minimum width. Mayor Taylor asked when Mr. Saunders expects associated amendments would come before them. 11 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 5 of 19 07:06:30 PM (01:08:23) Applicant Presentation Brian Guyer with HRDC stated that affordable housing is a difficult issue, and the flexibility afforded by this amendment will help them to address the issue. He stated that they still need to provide appealing housing. Susan Riggs, consulting with HRDC on this application, noted that this came to their attention with an upcoming project. She spoke to the affordable lots having the same flexibility as the market value lots. 07:09:50 PM (01:11:43) Questions of Applicant CR Mehl asked the applicant if they have read the staff report. 07:10:05 PM (01:11:58) Public Comment Mayor Taylor opened public comment. 07:10:13 PM (01:12:06) Kevin Thane, Public Comment Mr. Thane stated that this appears to just be an oversight in the affordable housing policy. As a member of CAHAB, he supports the amendment. 07:10:52 PM (01:12:45) Public Comment Closed Mayor Taylor closed public comment. 07:11:00 PM (01:12:53) 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 17016 and move to approve the text amendment and provisionally adopt Ordinance 1971. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 07:11:32 PM (01:13:25) Discussion CR Pomeroy stated that this encourages more affordable housing. CR Krauss he wholeheartedly supports correcting the oversight. CR Mehl supports the motion. 07:12:50 PM (01:14:43) 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 17016 and move to approve the text amendment and provisionally adopt Ordinance 1971. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve 12 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 6 of 19 Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 07:13:02 PM (01:14:55) Motion to reimburse the applicant for their application fees to fix this oversight. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 07:13:15 PM (01:15:08) Discussion CR Krauss stated that the HRDC is a partner with the City but this is a needed correction, and he thanked them for bringing this to the City’s attention. Mayor Taylor supports returning fees in this circumstance. CR Krauss noted that the oversight is not a reflection on the staff or Commission. 07:14:35 PM (01:16:28) Vote to reimburse the applicant for their application fees to fix this oversight. The 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 3. 07:15:09 PM (01:17:02) Public Hearing on Changes to the Unified Development Code for Covenants and Condominium Associations, Application 15320 (Rice)  07:15:21 PM (01:17:14) Staff Presentation Mayana Rice offered her report and findings into the record. She noted that this will wrapped into the UDC update. She noted that a comprehensive list of possible items included in the definition was incredibly difficult, a paragraph form was more appropriate and comprehensive. She also noted that intention was made to have this match the code. She also discussed multiphase projects. It also addresses addressing, stormwater, and language cleanup. She noted the Criteria of Evaluation, and the number of meetings this issue has been addressed in. 07:22:29 PM (01:24:22) Questions of Staff DM Andrus asked about the requirement to set up an HOA at the beginning. CR Mehl asked if consideration was given to go straight to the Commission for dissolving HOAs. City Attorney Sullivan responded. CR Pomeroy asked for more clarification of common areas. 13 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 7 of 19 Mayor Taylor asked if “common” modifies area, but also facility, and others. 07:29:54 PM (01:31:47) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 07:30:11 PM (01:32:04) Motion that having reviewed and considered the application materials, public comment, recommendation of the Planning Board and Zoning Commission, and all the information presented, I hereby adopt the findings presented in the staff report for application 15320 and move to approve the text amendment and direct staff to integrate these provisions as part of the update to the Unified Development Code. Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:30:34 PM (01:32:27) Discussion CR Krauss thanked staff. DM Andrus stated that a lot of thinking went into this issue, and she thanked staff. 07:31:07 PM (01:33:00) Vote that having reviewed and considered the application materials, public comment, recommendation of the Planning Board and Zoning Commission, and all the information presented, I hereby adopt the findings presented in the staff report for application 15320 and move to approve the text amendment and direct staff to integrate these provisions as part of the update to the Unified Development Code. The motion passed 5-0. Commissioner - Jeff Krauss: 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 07:31:28 PM (01:33:21) Recess Break until 7:40 PM. 07:43:57 PM (01:45:50) Call to Order 4. 07:44:02 PM (01:45:55) Strategic Plan Discussion (Taylor)  PLEASE REFER TO THE DOCUMENT AT THE END OF THE MINUTES TO VIEW THE CHANGES REFERRED TO IN THE MOTIONS. 14 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 8 of 19 07:44:12 PM (01:46:05) Staff Presentation Mayor Taylor discussed the process for this discussion in preparation for the retreat later this week. 07:46:58 PM (01:48:51) Public Comment Mayor Taylor opened public comment. 07:47:15 PM (01:49:08) Kevin Thane, Public Comment Mr. Thane supports the letter from the previous comment by Danica Jamison. 07:47:59 PM (01:49:52) Public Comment Closed Mayor Taylor closed public comment. 07:48:04 PM (01:49:57) Discussion The Commission discussed the primary Vision. 07:50:01 PM (01:51:54) Motion to change the Vision to read “…with a thriving, diversified economy…”, and with the word “remains” included. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 07:50:46 PM (01:52:39) Discussion CR Krauss discussed the ethic of the town. 07:52:06 PM (01:53:59) Vote to change the Vision to read “…with a thriving, diversified economy…”, and with the word “remains” included. The 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 07:52:35 PM (01:54:28) Discussion on Section 1. An Engaged Community 07:52:51 PM (01:54:44) Motion to remove “other” in 1.4. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 15 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 9 of 19 07:53:16 PM (01:55:09) Discussion The Commission discussed the change and order of edits. 07:54:21 PM (01:56:14) Vote to remove “other” in 1.4. The motion passed 5-0. Commissioner - Chris Mehl: 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 07:54:36 PM (01:56:29) Motion to delete “including newcomers” from 1.2. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:55:08 PM (01:57:01) Discussion The Commission discussed the nature of what newcomers means. 07:57:34 PM (01:59:27) Vote to delete “including newcomers” from 1.2. The 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 07:58:28 PM (02:00:21) Motion to change 1.1 to add a subtitle of outreach. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 07:58:53 PM (02:00:46) Vote to change 1.1 to add a subtitle of outreach. The motion passed 5-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve 16 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 10 of 19 Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 07:59:04 PM (02:00:57) Discussion CR Krauss discussed the implementation, and that “residents” may not be enough in 1.2. The Commission discussed the wording in detail. 08:04:27 PM (02:06:20) Motion to change “of all residents” to “from the community’s stakeholders.” Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 08:05:10 PM (02:07:03) Vote to change “of all residents” to “from the community’s stakeholders.” The 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 08:05:41 PM (02:07:34) Discussion on Section 2. An Innovative Economy 08:05:51 PM (02:07:44) Motion to change the Vision Statement to incorporate the word “thriving.” Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 08:07:00 PM (02:08:53) Vote to change the Vision Statement to incorporate the word “thriving.” The motion passed 5-0. Commissioner - Chris Mehl: 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 17 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 11 of 19 08:07:13 PM (02:09:06) Discussion The Commission discussed the wording of 2.1. 08:09:26 PM (02:11:19) Motion to change “trade” to “traded” in 2.1, and to remove “sectors, such as the creative industries.” Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 08:09:40 PM (02:11:33) Discussion CR Krauss discussed the reason for the edits to 2.1. The Commission further discussed the meaning of “creative industries.” 08:12:27 PM (02:14:20) Friendly Amendment to add new “and existing [business]es.” 08:15:14 PM (02:17:07) Vote on the Motion as Amended to change “trade” to “traded” in 2.1, and to remove “sectors, such as the creative industries.” The 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 08:15:24 PM (02:17:17) Motion to remove business from the title of 2.2. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 08:16:03 PM (02:17:56) Friendly Amendment to drop “business” and add “Strategically” as the first word of the sentence in 2.2. 08:16:27 PM (02:18:20) Discussion Economic Development Director discussed the intent of this item. 08:17:26 PM (02:19:19) Friendly Amendment to change support to encourage. 08:18:07 PM (02:20:00) Vote on the Motion as Amended to remove business from the title of 2.2. The motion passed 5-0. 18 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 12 of 19 Commissioner - Chris Mehl: 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 08:18:18 PM (02:20:11) Discussion The Commission discussed the Sustainable Economy. 08:18:52 PM (02:20:45) Motion to change “economy” to “businesses” in subhead for 2.4. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 08:19:04 PM (02:20:57) Discussion The Commission discussed what the intention of “sustainable businesses” was, and whether to move this strategy to section 6. 08:25:03 PM (02:26:56) Motion to move 2.4 as presently edited to Section 6, and to have a reminder for this item in Section 7. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 08:25:38 PM (02:27:31) Discussion The Commission discussed the better fit for this item in the Sustainability section. 08:30:01 PM (02:31:54) Withdrawn Motion to change “economy” to “business” in subhead for 2.4. 08:30:48 PM (02:32:41) Vote to move 2.4 as presently edited to Section 6, and to have a reminder for this item in Section 7. The motion passed 5-0. 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: Approve 19 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 13 of 19 08:31:08 PM (02:33:01) Discussion CR Mehl asked if we want to incorporate the Bozeman “brand” into this section. It was decided to be an action item. CR Krauss began the discussion on 2.3. 08:37:54 PM (02:39:47) Motion to change “provide businesses with qualified workers” to “improve the skills of our citizens.” Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 08:38:14 PM (02:40:07) Discussion The Commission discussed why this change was important. DM Andrus clarified the need for this to actually create qualified workers, so there has to be a further action item. 08:45:24 PM (02:47:17) Vote to change “provide businesses with qualified workers” to “improve the skills of our citizens.” The motion passed 5-0. Commissioner - Chris Mehl: 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 08:45:38 PM (02:47:31) Discussion on Section 3. A Safe, Welcoming Community The Commission discussed the adding of “healthy” as well as the fact that “affordability” is missing. 08:48:18 PM (02:50:11) Motion to add “The City of Bozeman will, through its plans, codes, regulations, and policies, actively encourage the development of sustainable and lasting housing options for those families at our below the 60% Average Median Income.” as 3.1. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 08:48:57 PM (02:50:50) Discussion CR Mehl supports the intent, but believes it may be too narrow. Discussion followed, specifically whether it goes under Section 3 or 4. 08:53:57 PM (02:55:50) Mayor Taylor moved this motion to Section 4. 20 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 14 of 19 08:54:06 PM (02:55:59) Discussion CR Krauss noted that 3.1 states facilities but talks about services, he wants to make it more than that. 08:57:59 PM (02:59:52) Motion to remove facilities from the subhead, and end the sentence with “…programs, facilities, and leadership,” and delete 3.6. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 08:59:35 PM (03:01:28) Vote to remove facilities from the subhead, and end the sentence with “…programs, facilities, and leadership,” and delete 3.6. The motion passed 5-0. Commissioner - Chris Mehl: 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 08:59:52 PM (03:01:45) Discussion Mayor Taylor requested an addition, and upon discussion, landed on adding “diverse groups of people through policies and public awareness” after welcome, and remove the rest of the sentence, and eliminate 3.4. 09:01:19 PM (03:03:12) Motion to add “diverse groups of people through policies and public awareness” after welcome, and remove the rest of the sentence, and eliminate 3.4. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 09:02:34 PM (03:04:27) Vote to add “diverse groups of people through policies and public awareness” after welcome, and remove the rest of the sentence, and eliminate 3.4. The motion passed 5-0. Commissioner - Chris Mehl: 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 21 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 15 of 19 09:02:50 PM (03:04:43) Discussion CR Mehl asked about the applicability and need of 3.5 in this section. 09:04:28 PM (03:06:21) Motion to strike all yellow in 3.2 and replace it with a period after “services.” Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 09:04:43 PM (03:06:36) Discussion CR Mehl stated he expected the cut text to come back as an action item. 09:04:54 PM (03:06:47) Vote to strike all yellow in 3.2 and replace it with a period after “services.” The motion passed 5-0. Commissioner - Chris Mehl: 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 09:06:11 PM (03:08:04) Discussion on Section 4. A Well-Planned City CR Krauss discussed that 4.1 is an action item. 09:07:01 PM (03:08:54) Motion to remove “conduct an informed public conversation on its future growth options.” Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 09:07:13 PM (03:09:06) Discussion The Commission further discussed the change to 4.1, and that the old 4.2 could now go away. 09:10:46 PM (03:12:39) Vote to remove “conduct an informed public conversation on its future growth options.” The 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 22 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 16 of 19 Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 09:11:06 PM (03:12:59) Discussion The Commission clarified which sections they are currently modifying. 09:15:19 PM (03:17:12) Motion to add “and maintenance” after “investments” in 4.3. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 09:15:34 PM (03:17:27) Vote to add “and maintenance” after “investments” in 4.3. The 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 09:16:25 PM (03:18:18) Motion to add “Midtown” after Downtown in 4.4. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 09:16:40 PM (03:18:33) Discussion The Commission discussed calling out Midtown. 09:19:32 PM (03:21:25) Vote to add “Midtown” after Downtown in 4.4. 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 COPY FROM ABOVE: 08:48:18 PM (02:50:11) Motion to add “The City of Bozeman will, through its plans, codes, regulations, and policies, actively encourage the development of sustainable and lasting 23 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 17 of 19 housing options for those families at our below the 60% Average Median Income.” as 3.1. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 09:19:43 PM (03:21:36) Discussion on Section 4. A Well-Planned City CR Pomeroy asked to bring her discussion from earlier to create the new 4.6. The Commission discussed making additional changes to the new 4.5 to incorporate in affordable housing, workforce housing, and mobility. CR Krauss encouraged stronger language, and the Commission further discussed. 09:34:32 PM (03:36:25) Friendly Amendment for 4.6 to now read “Housing and Transportation Choices. Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes.” and to remove 4.5. 09:35:14 PM (03:37:07) Vote for 4.6 to now read “Housing and Transportation Choices. Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes.” and to remove 4.5. The motion passed 5-0. Commissioner - I-Ho Pomeroy: 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 09:35:34 PM (03:37:27) Discussion Economic Development Director Brit Fontenot asked if the Commission would reconsider the “Bozeman feel” from the Vision Statement. Commission discussion followed. Policy and Planning Manager Saunders also responded. 09:44:17 PM (03:46:10) Discussion on Section 5. Creative, Learning Culture The Commission discussed DM Andrus’s proposed changes to Section 5 and made some initial edits. 09:59:02 PM (04:00:55) Motion and Vote to adjourn the meeting. The motion failed 2-3. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Deputy Mayor - Cynthia Andrus: Disapprove 24 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 18 of 19 Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Disapprove Commissioner - Chris Mehl: Disapprove Commissioner - I-Ho Pomeroy: Approve 09:59:23 PM (04:01:16) Motion and Vote to adjourn the meeting at 10:10. The 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 09:59:35 PM (04:01:28) Discussion The Commission discussed the status of items for the remainder of the meeting. Section 5 will be completed at the upcoming retreat, and Sections 6 and 7 will be picked up. 10:04:44 PM (04:06:37) Item Closed 5. 10:04:48 PM (04:06:41) Appointments to the Zoning Commission (Michalson)  10:04:52 PM (04:06:45) Motion to appoint Erik Garberg, Julien Morice, and George Thompson [to the Zoning Commission with updated terms ending January 31, 2019.] Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 10:05:29 PM (04:07:22) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 10:05:31 PM (04:07:24) Vote to appoint Erik Garberg, Julien Morice, and George Thompson [to the Zoning Commission with updated terms ending January 31, 2019.] The motion passed 5-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve 25 Bozeman City Commission Meeting DRAFT MINUTES, March 6, 2017 Page 19 of 19 Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 6. 10:05:58 PM (04:07:50) Legislative Update (Taylor)  Mayor Taylor stated there was no update this week. G. 10:06:30 PM (04:08:23) FYI/Discussion There was no FYI/Discussion. H. 10:06:38 PM (04:08:31) Adjournment Mayor Taylor adjourned the meeting at 10:06 PM. ___________________________________ Carson Taylor Mayor ATTEST: ___________________________________ Robin Crough City Clerk PREPARED BY: ___________________________________ Robin Crough City Clerk Approved on: ___________________________________ 26 STRATEGIC PLAN Vision, Vision Statements, and Strategies Comparison Comparison of results of previous commission work session (Dec 2016) and latest draft with the input from commission members and staff March 1, 2017 27 Our Vision Bozeman remains a safe, inclusive community, fostering civic engagement and creativity, with a thriving diversifiede economy, a strong environmental ethic, and a high quality of life as our community grows and changes. Vision Statements DRAFT RESULTS FROM DEC 20166 WORK SESSION REVISED DRAFT WITH INPUT FROM COMMISSION AND STAFF Revised areas highlighted #1) An Engaged Community. We foster a culture of engagement and civic leadership based on innovation and best practices involving community members of all backgrounds and perspectives. #1) An Engaged Community. We foster a culture of engagement and civic leadership based on innovation and best practices involving community members of all backgrounds and perspectives. (no change) #2) An Innovative Economy. We grow a diversified and innovative economy, leveraging our natural amenities, educational resources and skilled and creative people to generate economic opportunities. #2) An Innovative Economy. We grow a diversified and innovative economy leveraging our natural amenities, skilled and creative people, and educational resources to generate economic opportunities. # 3) A Safe, Welcoming Community. We embrace a safe, welcoming and inclusive community. # 3) A Safe, Welcoming Community. We embrace a safe, healthy, welcoming and inclusive community. # 4) A Well-Planned City. We maintain our community's quality of life as it grows and changes, honoring our sense of place and the 'Bozeman feel' as we plan for a livable, affordable, more connected city. # 4) A Well-Planned City. We maintain our community's quality of life as it grows and changes, honoring our sense of place and the 'Bozeman feel' as we plan for a livable, affordable, more connected city. (no change) #5) A Creative, Learning Culture. We promote learning, education, arts, expression and creativity for all ages. #5) A Creative, Learning Culture. We expand learning, education, arts, expression and creativity for all ages. 28 #6) A Sustainable Environment. We cultivate a strong environmental ethic, protecting our clean air, water, and open spaces, and promoting environmentally sustainable lifestyles. #6) A Sustainable Environment. We cultivate a strong environmental ethic, protecting our clean air, water, and open spaces and climate, and promote environmentally sustainable businesses and lifestyles. #7) A High Performance Organization. We operate as a high performance organization, delivering superior programs and services, employing best practices and striving for continuous improvement. #7) A High Performance Organization. We operate as a high performance organization, delivering superior programs and services, employing best practices and striving for continuous improvement. (no change) 29 1. An Engaged Community We foster a culture of engagement and civic leadership based on innovation and best practices involving community members of all backgrounds and perspectives. STRATEGIES: DRAFT RESULTS FROM DEC 20166 WORK SESSION STRATEGIES: REVISED DRAFT WITH INPUT FROM COMMISSION AND STAFF 1. Communication Technology. Continue to innovate in the use of technology by the City, including how we interact and engage with the community and our partners. 1. CommunicationsOutreach. Continue to strengthen and innovate in how we deliver information to the community and our partners. 2. Community Engagement & Capacity Building. Broaden and deepen engagement of the community in city government, inviting input and building the capacity of all residents, including newcomers, to participate effectively. 2. Community Engagement. Broaden and deepen engagement of the community in city government, inviting input from the community’s stakeholders. of all residents, including newcomers. 3. Relationships with Public Agencies. Foster successful partnerships with other public agencies including Gallatin County, and build on these successes to promote greater collaboration. 3. Public Agencies Collaboration. Foster successful collaboration with other public agencies (Gallatin County, Montana State University, K- 12 school districts, etc.) -- and build on these successes. 4. Business & Institutional Partnerships. Explore opportunities for partnerships with key business groups and other organizations including Bozeman Health Deaconess Hospital. 4. Business & Institutional Partnerships. Explore opportunities for partnerships with key business groups and other non-profit organizations. 30 2. An Innovative Economy We grow a thriving, diversified, and innovative economy leveraging our natural amenities, skilled and creative people, and educational resources to generate economic opportunities. STRATEGIES: DRAFT RESULTS FROM DEC 20166 WORK SESSION STRATEGIES: REVISED DRAFT WITH INPUT FROM COMMISSION AND STAFF 1. Business Growth. Support retention and growth of existing businesses, while welcoming and encouraging new businesses. 1. Business Growth. Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses. sectors, such as the creative industries. 2. Business Infrastructure Investments. Invest in infrastructure as a mechanism to drive economic development. 2. Business Infrastructure Investments. Strategically iInvest in infrastructure as a mechanism to support encourage economic development. 3. Workforce Development. Support education and workforce development initiatives to provide businesses with qualified workers 3. Workforce Development. Support education and workforce development initiatives to improve the skills of our citizens. provide businesses with qualified workers. (No change) 4. Sustainable Economy. Foster collaboration to build a healthy supply of sustainability-sector businesses that enhance environmental stewardship. (New) 31 3. A Safe, Welcoming Community We embrace a safe, healthy, welcoming, and inclusive community. STRATEGIES: DRAFT RESULTS FROM DEC 20166 WORK SESSION STRATEGIES: REVISED DRAFT WITH INPUT FROM COMMISSION AND STAFF 1. Affordability. Ensure Bozeman is a community that continues to welcome and accommodate residents of all income levels, including middle class families, working people, the elderly, and students. (Modified and sent to #3. Friendly Community) 2. Public Safety Facilities. Develop facilities to support high-caliber police and fire safety services and equipment that remain current with growth. 1. Public Safety Facilities. Support high quality public safety programs, facilities, and leadership. services with staffing, technology and equipment that remain current with growth. (Moves from #2 to #1) 3. Health & Safety Education & Awareness. Improve education and public awareness concerning emergency services, criminal justice, and social health issues, such as mental health, domestic abuse and homelessness. 2. Health & Safety Education & Awareness. Improve education and public awareness concerning emergency services, criminal justice, and social health issues and services. while making progress with emergency preparedness at both the governmental and community levels. 4. Active Recreation. Facilitate and promote recreational opportunities and active health programs and facilities. 3. Friendly Community. Ensure Bozeman continues to welcome diverse groups of people through polices and public awareness. and accept all people. (see #1 in left column) 5. Diversity, Equity & Inclusion. Promote increased diversity, equity and inclusion through policies and awareness. 4. Diversity, Equity & Inclusion. Welcome increased diversity, equity and inclusion through policies and awareness. (No change. Aligns with #5 to left) 5. Active Recreation. Facilitate and promote recreational opportunities and active health programs and facilities. (No change. Aligns with #4 to left)) 6. Preparedness Leadership. Continue to develop leaders and partners for fire and emergency prevention, preparedness, and response. 32 (New) 33 4. A Well-Planned City. We maintain our community's quality of life as it grows and changes, honoring our sense of place and the 'Bozeman feel' as we plan for a livable, affordable, more connected city. STRATEGIES: DRAFT RESULTS FROM DEC 20166 WORK SESSION STRATEGIES: REVISED DRAFT WITH INPUT FROM COMMISSION AND STAFF 1. Informed Conversation on Growth. Continue developing an in- depth understanding of how Bozeman is growing and changing, and conduct an informed public conversation on its future growth options. 1. Informed Conversation on Growth. Continue developing an in-depth understanding of how Bozeman is growing and changing, conduct an informed public conversation on its future growth options, and proactively address change in a balanced and coordinated manner. 2. Coordinated Planning & Communication. Improve coordination and communication regarding all City plans and policies that address Bozeman's growth and development. 2. High Quality Urban Approach. Continue to support high quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. 3. Strategic Infrastructure Choices. Prioritize long-term strategic infrastructure investments for maintenance of existing and development of new infrastructure that reflect the City's limited resources. 3. Strategic Infrastructure Choices. Prioritize long-term investments and maintenance for existing and new infrastructure. 4. Vibrant Downtown, Districts & Centers. Promote a healthy, vibrant Downtown, along with commercial districts and neighborhood centers. 4. Vibrant Downtown, Districts & Centers. Promote a healthy, vibrant Downtown, Midtown, commercial districts, and neighborhood centers – including higher densities and intensification of use in these key areas. 5. Housing & Transportation Choices. Foster a broad range of housing and transportation choices, including diverse housing types, costs and locations and improved mobility options that balance cars, public transportation, bicycling and walking. 5. Housing & Transportation Choices. Foster a broad range of housing and transportation choices, including diverse housing types, costs and locations, and improved mobility options that accommodate all travel modes. 5. Housing and Transportation Choices. Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. 34 5. A Creative, Learning Culture as Catalyst We expand learning, education, arts, expression and creativity for all ages. recognizing they are catalysts for new and expanded ways of thinking and solving problems. STRATEGIES: DRAFT RESULTS FROM DEC 20166 WORK SESSION STRATEGIES: REVISED DRAFT WITH INPUT FROM COMMISSION AND STAFF 1. Civic and Cultural Infrastructure. Promote expansion of Bozeman's civic and cultural "infrastructure" as the city grows, increasing opportunities for civic and cultural engagement. 1. Civic and Cultural Infrastructure. Expand Bozeman's civic and cultural "infrastructure" as the city grows, increasing opportunities for civic and cultural engagement. Anticipate New Directions. Anticipate new directions and changes that will be important to our community and identify how they will be met bringing a broad spectrum of citizens to the table. (#7 HPO Item?) 2. Support for Public Art. Encourage and support partnerships for public art and other arts and cultural initiatives in the city. 2. Support for Public Art. Encourage and support partnerships for public art and other arts and cultural initiatives in the city. Consider New Ways to View Partnerships, processes, and resources. Encourage opportunities to establish relationships outside of our traditional partners and discover new avenues to resources. (No change) 3. Partnerships for Education and Learning. Pursue partnerships with schools, higher education and libraries to enhance and improve education and learning in Bozeman. 3. Partnerships for Education and Learning. Strengthen and support partnerships with schools, higher education and libraries to enhance and improve education and learning in Bozeman. Partnerships to Spur Economic Vitality. Pursue opportunities that connect creativity, innovation, and the arts to economic development, governance, and education to improve the quality of life and enhance the business climate in Bozeman. (#2 An Innovative Economy) 35 6. A Sustainable Environment. We cultivate a strong environmental ethic, protecting our clean air, water, open spaces and climate, and promote environmentally sustainable businesses and lifestyles. STRATEGIES: DRAFT RESULTS FROM DEC 20166 WORK SESSION STRATEGIES: REVISED DRAFT WITH INPUT FROM COMMISSION AND STAFF 1. Clean Water Supplies. Ensure adequate supplies of clean, drinkable water to meet Bozeman's future growth and projected population. 1. Clean Water Supplies. Ensure adequate supplies of clean, drinkable water for future growth through diligent conservation, water resource management strategies, and development of new water supplies. 2. Air and Water Quality. Protect local water resources and air quality by working with neighboring communities to meet or exceed all state and federal regulatory requirements and standards. (New) 2. Energy Sources. Collaborate with energy providers to ensure adequate supplies of clean and renewable energy to meet Bozeman's future growth and projected population. 3. Climate Action. Respond to climate change by reducing community and municipal Greenhouse Gas (GHG) emissions and increasing the community's resiliency and preparedness. 3. Climate Action Plan. Develop and implement a citywide climate action plan to reduce the community's greenhouse gases and reduce its carbon footprint. 4. Renewable Energy. Collaborate with energy providers and stakeholders to advance energy efficiency and increase the supply of clean, renewable energy. (Moved from 2 to 4) 4. Parks, Trails & Open Space. Develop a structure to support funding for the maintenance and expansion an interconnected systems of parks, trails and open space. 5. Parks, Trails & Open Space. Develop a structure to support funding for the maintenance and expansion of an interconnected system of parks, trails and open space. (could be an action under 4.3, 7.5 or even 7.6) (Moved from 4 to 5) 4. Sustainable Economy. Foster collaboration to build a healthy supply of sustainability-sector businesses that enhance environmental stewardship. (New) 36 7. A High Performance Organization. We operate as a high performance organization, delivering superior programs and services, employing best practices and striving for continuous improvement. STRATEGIES: DRAFT RESULTS FROM DEC 20166 WORK SESSION STRATEGIES: REVISED DRAFT WITH INPUT FROM COMMISSION AND STAFF 1. Values-driven Culture. Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the community’s trust. (New) 1. Employee Excellence. Recruit and retain well-trained, well qualified, excellent personnel capable of delivering superior performance in their positions. 2. Employee Excellence. Continue to recruit, retain and value well-trained, qualified and motivated team members capable of delivering superior performance in their service to the community. 2. New Technologies. Incorporate proven new information and communication technologies to strengthen and enhance City efficiency and effectiveness. 3. Innovation. Incorporate proven technologies to strengthen and enhance City efficiency and effectiveness. 3. Performance Metrics. Utilize key performance measures and metrics to monitor, track and improve delivery of City program and services, and promote greater accountability. 4. Performance Metrics. Utilize key performance measures and metrics to monitor, track and improve delivery of City programs and services, and promote greater accountability. (No change) 4. Departmental Planning. Encourage and support ongoing strategic planning by City departments aligned with the City's Strategic Plan, human resources, and workload planning initiatives. 5. Departmental Planning. Encourage and support strategic planning by City departments aligning with the City's Strategic Plan, staffing, and workload planning initiatives. 5. Funding for City Programs & Services. Increase the City's capacity to adequately fund municipal programs and services over time, through the development of diverse, equitable and sustainable sources of revenue. 6. Funding for City Programs & Services. Increase the City's capacity to adequately deliver municipal programs and services over time, through the development of diverse, equitable and sustainable sources of revenue. 7. Diverse Workforce. Strive for workforce diversity that mirrors the Bozeman community in gender and race. (New) 37 Page 1 of 17 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, March 20, 2017 Deputy Mayor - Cynthia Andrus: Present Commissioner - Jeff Krauss: Present Mayor - Carson Taylor: Present 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. 05:01:16 PM (00:03:03) Call to Order – EARLY START TIME - 5:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 5:01 PM. B. 05:01:30 PM (00:03:17) Pledge of Allegiance and a Moment of Silence C. 05:03:00 PM (00:04:47) Changes to the Agenda City Manager Kukulski noted that he was presented with a stack of cards from the students and a thank you from the teachers, as well as a photograph from the Hawthorne students. D. 05:04:01 PM (00:05:48) Minutes 1. Approve the Regular Meeting Minutes from February 6, February 13, and February 27, 2017, and User Access to Linked Minutes  05:04:04 PM (00:05:51) Motion and Vote to approve the combined City Commission Minutes from February 6, February 13, and February 27, 2017, as submitted. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve 38 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 2 of 17 Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve E. 05:04:36 PM (00:06:23) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Authorize the Mayor to Sign a Letter of Support with the Trust for Public Land for the National 10-Minute Walk to a Park Campaign (Overton)  3. Authorize the Mayor to Sign the Findings of Fact and Order for the Glen Lake Commerce Subdivision Preliminary Plat, Application 16533 (Quasi-Judicial) (WerBell)  4. Authorize the Mayor to Sign the City of Bozeman’s Certified Local Government Grant Contract for 2017-2018 with the Montana State Historic Preservation Office in the amount of $5,500 for a Portion of the Historic Preservation Specialist Salary (Saunders)  5. Approve the Grant Award with Montana Fish, Wildlife and Parks for the Northwest Bozeman Wayfinding Station at the Bozeman Sports Park and Authorize the City Manager to Sign the Grant Agreement (Poissant)  6. Authorize the City Manager to Sign a Memorandum of Understanding with the USDA Forest Service, Custer Gallatin National Forest, for Municipal Watershed Projects (Heaston)  7. Authorize the City Manager to Sign a Professional Services Agreement with Altitude Training Associates to Complete Various Construction Site Stormwater Management Training Classes over a Two-Year Term (Mehrens)  8. Authorize the City Manager to Sign a Professional Services Agreement with Peaks to Plains Design, PC for a Parks and Trails District Feasibility Study (Poissant)  MOVED TO ACTION 9. Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with HDR Engineering, Inc. for On-Call Engineering Services at the City of Bozeman Water Reclamation Facility (Heaston)  10. Authorize the City Manager to Sign Addendum C-2 to the Master Services Agreement with Vision Technology Solutions for the Bozeman Public Library Website Subsite (McMahan)  11. Authorize the City Manager to Sign Amendment Number 1 with Robert Peccia and Associates for the Durston and Cottonwood Road Improvements Project (Murray)  12. Authorize the City Manager to Sign Task Order Number 5 to the Professional Services Agreement with HDR Engineering for Stormwater System Pipe Rehabilitation and Drainage Project Design (Mehrens)  13. Resolution 4778, Intent to Modify Special Improvement Lighting District (SILD) Number 728 for The Lakes at Valley West Phases 1-3 (Clark)  14. Resolution 4785, Authorizing Change Order Number 2 with DLM Contracting, Inc. to the South University Area Sewer Main Interceptor Project (Murray)  39 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 3 of 17 15. Resolution 4787, Replacing the Bozeman Zone Map and Authorizing the Mayor’s Signature Certifying the New Official Zone Map (Saunders)  MOVED TO ACTION 16. Resolution 4758, Allocation of Cash-in-lieu of Park Land Dedication Funds from 23rd Avenue Condominium (Z14125) to Bozeman Sports Park (Poissant)  17. Ordinance 1971 Final Adoption, Affordable Housing Lot Size Averaging Text Amendment Amending Section 38.08.040 of the Bozeman Municipal Code, Application 17016 (Saunders)  05:04:36 PM (00:06:23) Changes to Consent Consent Items E8 and E15 were pulled from the Consent Agenda and moved to the first two items on the Action Agenda. 05:04:59 PM (00:06:46) Public Comment on Consent Items 1-7, 9-14, and 16-17 Mayor Taylor opened public comment on Consent Items 1-7, 9-14, and 16-17. There was no public comment. Mayor Taylor closed public comment on Consent Items 1-7, 9-14, and 16-17. 05:05:11 PM (00:06:58) Motion and Vote to approve Consent Items 1-7, 9-14, and 16 & 17 as submitted. The 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 F. 05:05:30 PM (00:07:17) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. G. 05:06:42 PM (00:08:29) Action Items Item E8. 05:06:46 PM (00:08:33) Authorize the City Manager to Sign a Professional Services Agreement with Peaks to Plains Design, PC for a Parks and Trails District Feasibility Study (Poissant)  05:07:14 PM (00:09:01) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 40 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 4 of 17 05:07:29 PM (00:09:16) Motion to approve Item E8 [Authorizing the City Manager to Sign a Professional Services Agreement with Peaks to Plains Design, PC for a Parks and Trails District Feasibility Study]. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Jeff Krauss: 2nd 05:07:35 PM (00:09:22) Discussion CR Mehl stated his support for the project. CR Krauss did not approve parks maintenance as a separate fund. 05:09:09 PM (00:10:56) Vote on the Motion to approve Item E8 [Authorizing the City Manager to Sign a Professional Services Agreement with Peaks to Plains Design, PC for a Parks and Trails District Feasibility Study]. The motion passed 4-1. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Jeff Krauss: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve Item E15. 05:09:21 PM (00:11:08) Resolution 4787, Replacing the Bozeman Zone Map and Authorizing the Mayor’s Signature Certifying the New Official Zone Map (Saunders)  05:09:35 PM (00:11:22) Discussion CR Krauss would like to see what changes are being made to the Zone Map and to have a public hearing. 05:10:03 PM (00:11:50) Public Comment Mayor Taylor opened public comment. 05:11:00 PM (00:12:47) Jason Delmue, Public Comment Mr. Delmue discussed a typo on the zone map, whether his property is R-2 or R-3. 05:16:21 PM (00:18:08) Questions of Staff Mayor Taylor asked if staff could respond. Policy and Planning Manager Chris Saunders discussed the process for zone map amendments, and that tonight’s process is very different. He stated that the changes are lining up zoning districts. He clarified that no zoning would be changed tonight. City Attorney Sullivan asked if there was in fact a typo, and if Mr. Delmue’s assertion is correct. He also asked if there was any urgency in adoption of this resolution. 41 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 5 of 17 CR Krauss asked why the Commission can’t change the line this evening. 05:27:58 PM (00:29:45) Motion to continue Item E15 to March 27, 2017. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 05:28:25 PM (00:30:12) Public Comment Mr. Delmue confirmed he can be here next week. 05:28:49 PM (00:30:36) Vote on the Motion to continue Item E15 to March 27, 2017. The motion passed 5-0. Commissioner - Chris Mehl: 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 1. 05:29:22 PM (00:31:09) Ordinance 1950 Final Adoption, Amending the Bozeman Municipal Code to Add Mobile Vending Regulations (Kukulski)  05:29:44 PM (00:31:31) Staff Presentation City Attorney Greg Sullivan provided the Commission information on Ordinance 1950, regulating mobile vending. He suggested an addition to Section 10 of the Ordinance. He stated what the next steps would be. 05:35:03 PM (00:36:50) Questions of Staff There were no questions of staff. 05:35:07 PM (00:36:54) Public Comment Mayor Taylor opened public comment. 05:35:15 PM (00:37:02) Kelley Krekelberg, Public Comment Ms. Krekelberg thanked the Commission for taking the time to speak with her. She proposed a different option to have a reserved space at Soroptomist Park with a schedule for all trucks, which she volunteered to coordinate. 05:38:38 PM (00:40:25) Questions of Staff 42 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 6 of 17 There were no questions for staff. 05:38:49 PM (00:40:36) Motion that having considered public testimony and having provisionally adopted Ordinance 1950 on February 27, 2017, I hereby move to finally adopt Ordinance 1950 amending the Bozeman Municipal Code to add mobile vending regulations. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 05:39:40 PM (00:41:27) Discussion CR Krauss still does not support the ordinance because of the issue just stated. He prefers parking for retail vending on Main Street. CR Pomeroy agrees with CR Krauss. The Commission discussed what options they wanted to propose tonight to possibly incorporate alternatives for fashion trucks, including coming back with an amendment. 05:53:37 PM (00:55:24) Amendment to include [in section 28.03.060] “Mobile vending for non-food retail is authorized between the hours of 4:00 PM and 9:00 PM on Main Street and Rouse Avenue immediately adjacent to Soroptimist Park.” Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 05:54:10 PM (00:55:57) Discussion City Attorney Sullivan clarified this amendment would not be reserving spaces for mobile vending. CR Mehl asked if the 2 hour limit was still in effect. The Commission and City Attorney discussed the final adoption/notice details. Mayor Taylor discussed his concerns regarding health and safety. Deputy Mayor Andrus is not convinced of the amendment, since the opportunity to park on Rouse already exists. CR Krauss would be willing to put other hours in. 06:01:34 PM (01:03:21) Vote on the Amendment to include [in section 28.03.060] “Mobile vending for non-food retail is authorized between the hours of 4:00 PM and 9:00 PM on Main Street and Rouse Avenue immediately adjacent to Soroptimist Park.” The motion passed 4-1. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Deputy Mayor - Cynthia Andrus: Disapprove Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve 43 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 7 of 17 Commissioner - I-Ho Pomeroy: Approve 06:01:47 PM (01:03:34) Discussion CR Mehl suggested that the 2 hour rotation limit stays, but to start earlier. CR Pomeroy asked for clarification of days vs. hours. 06:05:28 PM (01:07:15) Amendment to the Amendment to include [in section 28.03.060] “Mobile vending for non-food retail is authorized between the hours of 4:00 PM 2:00 PM and 9:00 PM on Main Street and Rouse Avenue immediately adjacent to Soroptimist Park.” Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 06:05:40 PM (01:07:27) Discussion Mayor Taylor expressed that his concern is making more space available. CR Krauss stated that delineation of where to park will be needed. CR Pomeroy clarified if the 2 hour rule still was in effect. 06:07:43 PM (01:09:30) Vote on the Amendment to the Amendment to include [in section 28.03.060] “Mobile vending for non-food retail is authorized between the hours of 4:00 PM 2:00 PM and 9:00 PM on Main Street and Rouse Avenue immediately adjacent to Soroptimist Park.” The motion passed 4-1. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Deputy Mayor - Cynthia Andrus: Disapprove Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 06:07:59 PM (01:09:46) Discussion CR Mehl thanked staff and the Commission. 06:09:22 PM (01:11:09) Amendment to add section 10 as shown in the City Attorney’s presentation [adding “Any mobile vendor currently holding a city business license and wishing to conduct activities within the area of the downtown business improvement district as such area is defined in this Ordinance after the Effective Date of this Ordinance must submit an application for a business license that authorizes vending in the downtown business improvement district and pay the fee for such as established by Resolution of the Commission for such license no later than thirty (30) days after the Effective Date.”]. Commissioner - Jeff Krauss: Motion 44 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 8 of 17 Commissioner - Chris Mehl: 2nd 06:09:37 PM (01:11:24) Discussion There was no discussion. 06:09:42 PM (01:11:29) Vote on the Amendment to add section 10 as shown in the City Attorney’s presentation [adding “Any mobile vendor currently holding a city business license and wishing to conduct activities within the area of the downtown business improvement district as such area is defined in this Ordinance after the Effective Date of this Ordinance must submit an application for a business license that authorizes vending in the downtown business improvement district and pay the fee for such as established by Resolution of the Commission for such license no later than thirty (30) days after the Effective Date.”]. The 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 06:10:03 PM (01:11:50) Vote on the Main Motion as Amended that having considered public testimony and having provisionally adopted Ordinance 1950 on February 27, 2017, I hereby move to finally adopt Ordinance 1950 amending the Bozeman Municipal Code to add mobile vending regulations. 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 2. 06:10:19 PM (01:12:06) Resolution 4766, Amending Resolution 4686, Fee Schedule for Business Licenses and Special Services and Regulatory Inspection Fees, to include Mobile Vending in Business Licenses and Fees (Kukulski)  06:10:43 PM (01:12:30) Staff Presentation City Manager Kukulski presented the fee schedule changes proposed in Resolution 4766. 45 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 9 of 17 06:12:54 PM (01:14:41) Questions of Staff CR Mehl asked if the grace period affected these as well. 06:13:14 PM (01:15:01) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 06:13:28 PM (01:15:15) Motion that having reviewed and considered the staff memorandum, public comment, and all information presented, I hereby move to approve Resolution 4766 amending the fee schedule for the business license program to include mobile vending. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 06:13:52 PM (01:15:39) Discussion CR Pomeroy stated this was reasonable. 06:14:15 PM (01:16:02) Vote on the Motion that having reviewed and considered the staff memorandum, public comment, and all information presented, I hereby move to approve Resolution 4766 amending the fee schedule for the business license program to include mobile vending. The motion passed 5-0. Commissioner - I-Ho Pomeroy: 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 06:14:48 PM (01:16:35) Recess Mayor Taylor called the Commission into recess until 6:20 PM. 06:23:38 PM (01:25:25) Call to Order Mayor Taylor called the meeting back to order at 6:23 PM. 3. 06:23:50 PM (01:25:37) Resolution 4782, Amending the City's Annual Budget for the Street Impact Fee Fund, Arterial & Collector District Fund, and the Special Improvement District Revolving Fund to Increase Appropriations by a Total of $5,311,520 for the Fiscal Year Ending June 30, 2017 to Complete Various Street and Intersection Projects (Rosenberry)  46 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 10 of 17 06:24:23 PM (01:26:10) Staff Presentation City Manager Kukulski and Director of Public Works Craig Woolard provided an overview of Action Items 3-6, also known as the Westside Street Improvement Project, or Megabuild. He discussed the project elements, the following actions this evening, and why this approach was done. 06:35:07 PM (01:36:54) Questions of Staff CR Pomeroy asked if this approach will save the City money. She asked if the County was going to reimbursement any of the agreement. City Manager Kukulski stated that the County has not at this point agreed. CR Mehl asked if the developer’s estimate is a fair price. He also asked about the completion of Annie Street. 06:40:14 PM (01:42:01) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 06:40:42 PM (01:42:29) Staff Presentation Continued Assistant City Manager Anna Rosenberry discussed the project elements and how the budget needs to be amended to complete the projects. She discussed the fiscal effects on the three funds. 06:51:40 PM (01:53:27) Questions of Staff DM Andrus asked what if creating an SID would preclude the City from doing other SIDs in the future. She also asked about the payback schedule with Flanders Mill, LLC. She also asked about further detail concerning the County’s share. City Manager Kukulski answered in great detail. CR Krauss asked about the County protesting the SID out. City Attorney Sullivan noted the executed Waiver of Right to Protest that runs with the land when annexed. CR Mehl asked about the School District repayment. Mayor Taylor asked how the easement plays into this. CR Krauss asked how the City would go forward with the roundabout if they don’t get the property. This was discussed in detail. Mayor Taylor asked if the stormwater redesign could happen this season, as well as the details of the County’s leverage. CR Krauss asked if the City did this design work assuming the County would go along with this. 07:19:13 PM (02:21:00) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 07:19:32 PM (02:21:19) Motion to adopt Resolution No. 4782, Amending the City's Annual Budget for 47 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 11 of 17 the Street Impact Fee Fund, Arterial & Collector District Fund, and the Special Improvement District Revolving Fund to Increase Appropriations by a Total of $5,311,520 for the Fiscal Year Ending June 30, 2017 to Complete Various Street and Intersection Projects. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:20:00 PM (02:21:47) Discussion CR Mehl thanked the developer, City, and School District for working together. He noted that these improvements will significantly and positively impact county residents. DM Andrus agrees with CR Mehl and is also disappointed with the County. CR Krauss applauded those who worked on this project. CR Pomeroy was thankful for the School District and developer for their cooperation. Mayor Taylor stated this was staff creativity to save money, and spoke of his disappointment with the County. CR Krauss stated the need and the demand is here, and the risk is low. 07:41:11 PM (02:42:58) Vote on the Motion to adopt Resolution No. 4782, Amending the City's Annual Budget for the Street Impact Fee Fund, Arterial & Collector District Fund, and the Special Improvement District Revolving Fund to Increase Appropriations by a Total of $5,311,520 for the Fiscal Year Ending June 30, 2017 to Complete Various Street and Intersection Projects. The 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. 07:41:25 PM (02:43:12) Resolution 4771, a Resolution of Intent to Create Special Improvement District (SID) 740 for the Purpose of Undertaking Certain Local Improvements to North Ferguson Avenue between West Oak Street and Baxter Lane and on West Oak Street between Davis Lane and North Ferguson Avenue, and Financing the Costs Thereof (Woolard/Sullivan)  07:41:51 PM (02:43:38) Staff Presentation Director of Public Works Woolard provided an overview of SID 740. He provided the timeline and project costs. 07:44:42 PM (02:46:29) Questions of Staff 48 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 12 of 17 There were no questions of staff. 07:44:51 PM (02:46:38) Public Comment There was no public comment. 07:45:15 PM (02:47:02) Motion to adopt Resolution 4771, declaring it to be the City's intention to create Special Improvement District (SID) Number 740 for the purpose of financing local improvements to North Ferguson Avenue between West Oak Street and Baxter Lane and on West Oak Street between Davis Lane and North Ferguson Avenue. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:45:37 PM (02:47:24) Discussion CR Mehl noted this is how we finance projects like this. DM Andrus also supports. CR Krauss discussed the nature of protesting SIDs, as well as the benefit to the landowner of this SID. CR Pomeroy looks forward to the County’s cooperation. 07:51:00 PM (02:52:47) Vote on the Motion to adopt Resolution 4771, declaring it to be the City's intention to create Special Improvement District (SID) Number 740 for the purpose of financing local improvements to North Ferguson Avenue between West Oak Street and Baxter Lane and on West Oak Street between Davis Lane and North Ferguson Avenue. The 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 5. 07:51:12 PM (02:52:59) Approve the Interlocal Agreement with Bozeman School District 7 for the Repayment of Costs for the Construction of Flanders Mill Road (Kukulski)  07:51:27 PM (02:53:14) Staff Presentation City Manager Kukulski noted that this agreement has already been approved by the School District 7 board. 07:52:17 PM (02:54:04) Questions of Staff There were no questions of staff. 49 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 13 of 17 07:52:25 PM (02:54:12) Public Comment There was no public comment. 07:52:32 PM (02:54:19) Motion to approve the Interlocal Agreement between Bozeman School District 7 and the City of Bozeman for the repayment of costs for the construction of Flanders Mill Road. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:52:42 PM (02:54:29) Discussion CR Mehl appreciates BSD7’s cooperation. DM Andrus also supports. CR Krauss stated that this piece benefits the school district. CR Pomeroy also thanked he school district. Mayor Taylor stated this cooperation serves the taxpayers. 07:55:03 PM (02:56:50) Vote on the Motion to approve the Interlocal Agreement between Bozeman School District 7 and the City of Bozeman for the repayment of costs for the construction of Flanders Mill Road. The 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 6. 07:55:14 PM (02:57:01) Authorize City Manager to Sign the Payment and Repayment Agreement with Flanders Mill, LLC for the Westside Construction Project (Woolard/Sullivan)  07:55:34 PM (02:57:21) Staff Presentation City Attorney Sullivan discussed the two components of the agreement. City Manager Kukulski noted that the prices included are not estimates, but construction costs. 07:57:19 PM (02:59:06) Questions of Staff There were no questions of staff. 07:57:23 PM (02:59:10) Public Comment 50 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 14 of 17 There was no public comment. 07:57:42 PM (02:59:29) Motion to authorize the City Manager to sign the Payment and Repayment Agreement with Flanders Mill, LLC for the Westside Construction Project. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:57:52 PM (02:59:39) Discussion CR Mehl thanked the developer for working with the City. DM Andrus also thanked the developer. 07:58:43 PM (03:00:30) Vote on the Motion to authorize the City Manager to sign the Payment and Repayment Agreement with Flanders Mill, LLC for the Westside Construction Project. The 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 7. 07:59:06 PM (03:00:53) Appointment to the Audit Committee (Michalson)  07:59:12 PM (03:00:59) Motion to reappoint Peter Ohman to the Audit Committee [with an updated term of March 1, 2019]. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 07:59:29 PM (03:01:16) Public Comment There was no public comment. 07:59:39 PM (03:01:26) Vote on the Motion to reappoint Peter Ohman to the Audit Committee [with an updated term of March 1, 2019]. The motion passed 5-0. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd Deputy Mayor - Cynthia Andrus: Approve 51 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 15 of 17 Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 8. 07:59:51 PM (03:01:38) Appointments to the Fire Code Board of Appeals (Michalson)  07:59:57 PM (03:01:44) Motion to appoint Shannon Foley and John Thorn to two positions with updated terms ending December 31, 2019, Josh Wanago to a position with an existing term ending December 31, 2017, and Brenda York to one position with an existing term ending December 31, 2018, [to the Fire Code Board of Appeals]. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 08:00:21 PM (03:02:08) Public Comment There was no public comment. 08:00:27 PM (03:02:14) Discussion CR Mehl stated he supports these applicants upon direction of the Fire Chief. CR Krauss stated he wasn’t sure who the liaison was. 08:01:28 PM (03:03:15) Vote on the Motion to appoint Shannon Foley and John Thorn to two positions with updated terms ending December 31, 2019, Josh Wanago to a position with an existing term ending December 31, 2017, and Brenda York to one position with an existing term ending December 31, 2018, to the Fire Code Board of Appeals. The motion passed 5-0. Commissioner - Chris Mehl: 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 9. 08:01:47 PM (03:03:34) Legislative Update (Kukulski)  08:01:57 PM (03:03:43) Staff Presentation City Manager Kukulski noted that the House Transportation Committee did pass the Transportation Safety Act. He noted who the “no” votes and the “yes” votes were. He also provided updates of the status of a number of other bills including TIF legislation, water rights, and others. 52 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 16 of 17 08:12:26 PM (03:14:13) Questions of Staff CR Pomeroy asked if the City has been able to purchase water rights in past years. Mayor Taylor also asked about the texting while driving in municipalities bill. 08:16:10 PM (03:17:57) Recess The Commission called a recess until 8:25 PM. 08:25:41 PM (03:27:28) Call to Order Mayor Taylor called the meeting back to order at 8:25 PM. H. 08:25:41 PM (03:27:28) Executive Session 1. City Manager Evaluation 08:25:49 PM (03:27:36) City Manager Privacy Request City Manager Kukulski requested that the meeting be a closed session and asserted his privacy interest. 08:26:16 PM (03:28:03) Public Meeting Closed Mayor Taylor closed to the public this portion of the meeting pursuant to Sect. 2-3-203(3), MCA, finding that discussion relates to a matter of individual privacy, determining that the demands of the individual’s privacy clearly exceed the merits of public disclosure. A separate set of minutes have been prepared for the Executive Session. I. 09:14:00 PM FYI/Discussion • CR Krauss noted an upcoming transportation meeting he’d like to see. J. 09:16:00 PM Adjournment Mayor Taylor adjourned the meeting at 9:16 PM. ___________________________________ Carson Taylor Mayor 53 Bozeman City Commission DRAFT MINUTES, March 20, 2017 Page 17 of 17 ATTEST: ___________________________________ Robin Crough City Clerk PREPARED BY: ___________________________________ Robin Crough City Clerk Approved on: ___________________________________ 54 Page 1 of 13 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, March 27, 2017 AGENDA ORDER MODIFIED DURING MEETING. NUMBERED AND LETTERED BULLETS REMAIN AS ORIGINALLY NOTICED. Deputy Mayor - Cynthia Andrus: Present Commissioner - Jeff Krauss: Present Mayor - Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner - I-Ho Pomeroy: Present Staff Present at the Dais: Acting City Manager Chuck Winn, City Attorney Greg Sullivan, City Clerk Robin Crough A. 06:00:57 PM (00:02:43) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:00 PM. B. 06:01:04 PM (00:02:50) Pledge of Allegiance and a Moment of Silence C. 06:02:07 PM (00:03:53) Changes to the Agenda There were no changes to the agenda. D. 06:02:20 PM (00:04:06) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Authorize the Acting City Manager to Sign the Closing Documents with Baxter Meadows Land Partners on Parcel 1A for the Right-of-Way Acquisition, Baxter Lane Project (Hixson)  3. Authorize the Acting City Manager to Sign Amendment Number 1 to the Professional Services Agreement with MAKERS Architecture and Urban Design for the Evaluation and Revisions to the Unified Development Code (UDC) Update, Chapter 38 (Rogers)  4. Authorize the Acting City Manager to Sign Amendment Number 1 with Sanderson Stewart for the Kagy Boulevard Interim Improvements Project (Murray)  55 Bozeman City Commission Meeting DRAFT MINUTES, March 27, 2017 Page 2 of 13 5. Authorize the Acting City Manager to Sign Amendment Number 5 with Sanderson Stewart for the Oak Street Improvements Project (Murray)  6. Authorize the Acting City Manager to Sign a Task Order with Tetra Tech for Modifications to SVE and Air Sparge Systems, Destruction Testing of the New Flare (Hixson)  7. Resolution 4793, Authorizing the Acting City Manager to Sign Guaranteed Maximum Price Amendment Number 2 to the Contract with Dick Anderson Construction, Inc. for Maynard Irrigation Pipeline Relocation in the Bozeman Sports Park (Poissant)  06:02:25 PM (00:04:11) City Manager Overview Acting City Manager Chuck Winn provided a brief overview of Consent Items 1-7. 06:04:38 PM (00:06:24) Public Comment on Consent Items 1-7. There was no public comment. 06:04:54 PM (00:06:40) Motion and Vote to approve Consent Items 1-7 as submitted. The motion passed 5-0. Commissioner - Jeff Krauss: 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 E. 06:05:15 PM (00:07:01) Public Comment Mayor Taylor opened public comment. 06:06:25 PM (00:08:11) Rick McAllister, Public Comment Mr. McAllister stated that the City’s trail system discriminates against horsemen. He asked the Commission to consider the City’s laws with the new trails coming about. 06:08:34 PM (00:10:20) Public Comment Closed Mayor Taylor closed public comment. F. 06:08:38 PM (00:10:24) Special Presentation 1. Introduction of Alex Nordquest, Forestry Division Manager / City Forester (Overton) 06:08:49 PM (00:10:35) Staff Presentation Parks, Recreation, Cemetery, and Forestry Director Mitch Overton provided an introduction of the new City Forester / Forestry Division Manager. Alex Nordquest discussed his interests and goals for the City. 56 Bozeman City Commission Meeting DRAFT MINUTES, March 27, 2017 Page 3 of 13 G. 06:10:37 PM (00:12:23) Action Items 1. 06:10:42 PM (00:12:28) Authorize the Mayor to Sign the Severance and General Release Agreement with Chris Kukulski (Taylor)  06:10:51 PM (00:12:37) Staff Presentation Mayor Taylor discussed the Severance Agreement required by the Charter. He noted that this is a common agreement for city managers. 06:12:11 PM (00:13:57) Public Comment Mayor Taylor opened public comment. 06:12:21 PM (00:14:07) Don Beeman, Public Comment Mr. Beeman stated that this isn’t uncommon in business today. He supported the agreement and fulfilling the obligation that the contract mandates. 06:13:18 PM (00:15:04) Motion to authorize Mayor Taylor to sign the Severance and General Release Agreement with Chris Kukulski. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 06:13:29 PM (00:15:15) Discussion DM Andrus stated that this is in the City Manager’s contract and Charter, and this is the right thing to do. CM Mehl also supports the motion. CM Pomeroy supports the motion, and thanked Mr. Kukulski for his time and accomplishments and kindness. CM Krauss stated the nature of City Manager employment, and recognized the need to live up to his contract. Mayor Taylor wished Mr. Kukulski luck in his future endeavors. 06:17:13 PM (00:18:59) Vote to authorize Mayor Taylor to sign the Severance and General Release Agreement with Chris Kukulski. The motion passed 5-0. 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: Approve 57 Bozeman City Commission Meeting DRAFT MINUTES, March 27, 2017 Page 4 of 13 2. 06:17:24 PM (00:19:10) Discuss Next Steps Regarding Appointment of Interim City Manager and Steps for Recruitment of City Manager (Taylor)  06:17:37 PM (00:19:23) Staff Presentation Mayor Taylor asked if the City wants to have an Interim City Manager, and the favorable reasons for having one. He noted there is someone in mind, and if the Commission approves, after a background check his recommendation would be an upcoming agenda. As for recruiting the new City Manager, he asked if it should be an internal search or through a consultant for a national search. As for timing, the sooner the better. 06:22:30 PM (00:24:16) Discussion CR Pomeroy asked why we are looking for an interim if we have a capable Acting City Manager in Chuck Winn. She doesn’t agree with having an interim. CR Krauss stated that the City would be paying double if they hired an interim. He also would want a disinterested interim. He also asked about the process of choosing the interim. He thought having a public committee would be helpful. He noted the change in the Clerk’s role in hiring. DM Andrus stated that the City is in a different place than the last time, and that the City is very busy. An interim that is not internal is a good thing. She stated that having someone that has done this before, and has done budgeting, is important. She acknowledged the cost. CR Mehl stated this is about how and who we fill the role. He stated that Mr. Winn already has a full- time job. He noted that staff are busy and supports an interim. Mayor Taylor also completely agreed that the interim must be disinterested in the job. He also stated that someone external from the City needs to run the process. He noted the additional expense. He leans towards getting an interim. CR Krauss stated that the staff will continue to work fine whichever way they Commission goes. 06:37:57 PM (00:39:43) Public Comment There was no public comment. 06:38:21 PM (00:40:07) Discussion Continued CR Pomeroy reiterated that she has confidence in staff. CR Krauss asked how the hiring of an interim would happen, would there be a subcommittee of the Commission, vetting three, etc. His decision hinges on how they do it. CR Mehl asked if a 2-person sub-committee, how much of that process would be public. City Attorney Sullivan responded in detail. CR Krauss asked if the Commission can act as proxy for the applicants. Mayor Taylor discussed that there will be a very public aspect of the process. 06:49:18 PM (00:51:04) Motion to create a sub-committee consisting of the Mayor and Deputy Mayor to search for an Interim [City Manager] and report back to the Commission at the earliest convenience with a candidate and terms of contract for consideration by the Commission. 58 Bozeman City Commission Meeting DRAFT MINUTES, March 27, 2017 Page 5 of 13 Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 06:49:51 PM (00:51:37) Discussion CR Mehl stated he has confidence in the staff but he doesn’t expect staff to drop current priorities, and he doesn’t know how long the process will take. CR Pomeroy asked why not put the time and energy into finding a permanent City Manager, she does not support the motion. DM Andrus supports the motion. CR Krauss does not support, he is uncomfortable with the process for vetting the interim. He stated that it looks like the Mayor and Deputy Mayor are taking on an administrative role, although that is the current allowed form of government. CR Mehl stated he is reserving the right to say no, he does not imply the Mayor and Deputy Mayor’s choice is approved. CR Krauss is comfortable with the motion, it’s not a huge issue, he just is uncomfortable with the idea. He thinks staff is capable of doing this as well. Mayor Taylor is going to vote for the motion. He is trying to be sensitive, and he is not trying to supplant any Commissioner’s role. The best decisions for the City will be helped by having an interim. The permanent position will be much more important. 07:00:24 PM (01:02:10) Vote to create a sub-committee consisting of the Mayor and Deputy Mayor to search for an Interim [City Manager] and report back to the Commission at the earliest convenience with a candidate and terms of contract for consideration by the Commission. The motion passed 3-2. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Disapprove 07:00:37 PM (01:02:23) Discussion CR Mehl asked City Attorney Sullivan if he needs more time to be sure of his privacy answers. He asked if the Commission wants to solidify the permanent hiring process now. He laid out the principles of expecting a job description approved at a Monday night, the desire to cast a wide net, but the Commission would be involved with narrowing the net. Citizens may be on the committee. A public meeting would be needed for applicants to answer questions. CR Krauss thought that staff could start investigating head-hunters. He stated they City shouldn’t go too far until the interim is on board. He suggested having a separate meeting for this issue, possibly once every other week. He likes the idea of having a couple of sub-committees. He encouraged not narrowing 59 Bozeman City Commission Meeting DRAFT MINUTES, March 27, 2017 Page 6 of 13 to three immediately. They will need to develop criteria. There should be money set aside to bring them here. He might bring boards in as well. DM Andrus agrees with CR Krauss. She agrees with setting aside time to do this. She likes the idea of sub-committees and public involvement. Mayor Taylor liked all the ideas given. The idea of a larger number is interesting. He discussed the wildcard idea. City Attorney Sullivan asked if the Commission wants another item next Monday night. He also asked what they want from the staff right now, including recommendations on the process. He asked what the specific role for the interim would be. CR Krauss stated these logistics will get addressed at these separate meetings. He discussed the role of staff in researching. Mayor Taylor stated that a time should be decided at FYI. Nothing should be asked of staff until the interim is brought onboard. He doesn’t want to put anything more on next Monday. CR Mehl stated to direct staff to pursue looking at head-hunter. There are a number of elements to decide. The Commission discussed what the time options are. CR Pomeroy asked about the timeline prioritization of the Interim vs. the permanent City Manager. CR Krauss welcomes the staff’s input in the next few weeks. Acting City Manager Chuck Winn restated the priorities given. Mayor Taylor stated that a report would be helpful by the first designated meeting. 07:29:02 PM (01:30:48) Recess Mayor Taylor called the meeting into recess until 7:40 PM. 07:42:39 PM (01:44:25) Call to Order Mayor Taylor called the meeting back to order. 4. 07:43:16 PM (01:45:02) Resolution 4787, Replacing the Bozeman Zone Map and Authorizing the Mayor’s Signature Certifying the New Official Zone Map (Saunders)  07:43:38 PM (01:45:24) Staff Presentation Policy and Planning Manager Chris Saunders noted to adopt the new map with the revision proposed after last week’s public comment. 07:44:41 PM (01:46:27) Questions of Staff CR Mehl asked if the amendment is no longer needed. CR Pomeroy asked if the purpose of this revision is to make it more user-friendly. 07:46:12 PM (01:47:58) Public comment Mayor Taylor opened public comment. 07:46:16 PM (01:48:02) Jason Delmue, Public Comment 60 Bozeman City Commission Meeting DRAFT MINUTES, March 27, 2017 Page 7 of 13 Mr. Delmue stated he is satisfied with the result and the new map. 07:46:52 PM (01:48:38) Motion to adopt Resolution 4787 to replace the Bozeman Zone Map per section 38.07.030 and authorize the Mayor’s signature certifying the new official zone map, and to direct staff to prepare a zone map amendment to rezone Lots 11A and 12A, Block F, Bealls Second Addition to Bozeman from R2 to R3. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 07:47:29 PM (01:49:15) Point of Order City Clerk Crough informed CR Pomeroy that she read the motion that has since been revised. She provided CR Pomeroy with the revised motion. 07:47:47 PM (01:49:33) Motion withdrawn. 07:47:54 PM (01:49:40) Motion to adopt Resolution 4787 to replace the Bozeman Zone Map per Section 38.07.030 and authorize the Mayor’s signature certifying the new official zone map. I further move to include with Resolution 4787 correction of a drafting error so the replacement Bozeman Zoning Map adopted pursuant to Resolution 4787 recognizes Lots 12A and 11A of Block F of the Bealls Second Addition to Bozeman are properly zoned R3. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 07:48:41 PM (01:50:27) Discussion CR Pomeroy stated this makes an improvement. CR Krauss thanked the City Attorney and Mr. Saunders for their work to resolve this. 07:49:36 PM (01:51:22) Vote to adopt Resolution 4787 to replace the Bozeman Zone Map per Section 38.07.030 and authorize the Mayor’s signature certifying the new official zone map. I further move to include with Resolution 4787 correction of a drafting error so the replacement Bozeman Zoning Map adopted pursuant to Resolution 4787 recognizes Lots 12A and 11A of Block F of the Bealls Second Addition to Bozeman are properly zoned R3. The 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. 07:49:55 PM (01:51:41) The Bozeman Taproom Application to Modify an Approved 61 Bozeman City Commission Meeting DRAFT MINUTES, March 27, 2017 Page 8 of 13 Conditional Use Permit (15149) for On-Premise Consumption of Alcohol from Beer and Wine to All-Beverage, Application 16475 (Quasi-Judicial) (Rogers)  07:50:17 PM (01:52:03) Staff Presentation Planner Tom Rogers entered his staff report and all public comment into the record. He provided a brief history, and addressed the Commission’s authority on modifications to CUPs. Mr. Rogers clarified a mistake in the alternatives provided. 07:55:46 PM (01:57:32) Questions of Staff DM Andrus asked what the question the Commission is deciding on tonight is, and if the code differentiates beer and wine versus hard alcohol. City Attorney Sullivan clarified. CR Mehl asked City Attorney Sullivan to clarify the “or other” in the criteria. Mayor Taylor asked what the current parking requirements are. 08:02:30 PM (02:04:16) Applicant Presentation Eric Cade and Erin Gallinger discussed the history of the approvals they have gone through in the process. He discussed the scope of the discussion this evening. He reiterated that the Commission is not here to consider emotional appeals of the consequences of alcohol. He discussed that he is a good neighbor, rejuvenated a corner of Bozeman, and he cleans the streets around his establishment. He stated it is a family-friendly establishment. 08:11:56 PM (02:13:42) Questions of Applicant DM Andrus asked Mr. Cade when he decided to pursue an all-beverage license, and she asked why it wasn’t discussed earlier. She asked what his primary business focus was. CR Mehl asked if he had seen the public comment, and what his response is for screening during school hours. Mayor Taylor asked if he had considered one-way screening. He asked if he anticipates more customers because of the all-beverage license. He asked if he changed anything at the building prior to the most recent address change. He asked about his recollection about it being beer and wine only when first discussed. 08:21:34 PM (02:23:20) Public Comment Mayor Taylor opened public comment. 08:21:43 PM (02:23:29) Sheryl Eschbaugh, Public Comment Ms. Eschbaugh stated that staff’s assessment is incomplete. She discussed the discretion given to the Commission. She noted that the initial CUP was based on the beer/wine only license. 08:25:15 PM (02:27:01) Julian Morris, Public Comment Mr. Morris owns the building that the Taproom resides in. He made a comparison to Montana Aleworks, and the lack of negative impacts of Aleworks. 62 Bozeman City Commission Meeting DRAFT MINUTES, March 27, 2017 Page 9 of 13 08:27:20 PM (02:29:06) Erin Shanahan, Public Comment Ms. Shanahan discussed the difference of hard alcohol consumption vs. beer and wine. She stated many are concerned about if they actually go away. 08:29:25 PM (02:31:11) Claris O’Weary, Public Comment Ms. O’Weary noted that an anecdote regarding a student that had a bad experience. She stated that school needs to be a safe place for students. 08:32:46 PM (02:34:32) Anthony Petrolo, Public Comment Mr. Petrolo stated that he finds it ridiculous to put these restrictions on a growing business. He noted the responsibility lies on the teachers and parents. 08:34:52 PM (02:36:38) Dominic Pasqueze, Public Comment Mr. Pasqueze asked his children at Hawthorne where their attention is drawn, and stated their attention is drawn inwards. 08:35:59 PM (02:37:45) Jenni Holtan, Public Comment Ms. Holtan is a parent of a Hawthorne student, and an advocate for new and growing businesses. She stated that the most open bar in Bozeman is located right next to a school. She wished there was more coordination and cooperation from the business owner. 08:38:46 PM (02:40:32) Jan Selteen, Public Comment Ms. Selteen noted that the building is attractive to children. She discussed college drinking. 08:40:45 PM (02:42:31) Kara Gallinger, Public Comment Ms. Gallinger reiterated the Commission’s scope tonight, of determining if all-beverage is a significant alternation. She is proud of what they have created. 08:42:39 PM (02:44:25) Dana Pepper, Public Comment Ms. Pepper discussed that a significant alteration is a “change worthy of attention.” She stated that the children were less safe because they had to change where they crossed the street. 08:44:52 PM (02:46:38) Douglas Fisher, Public Comment Mr. Fisher reminded the Commission that the School Board voted unanimously against this project in December. He also addressed the address change situation. 08:47:04 PM (02:48:50) Casey Bertram, Public Comment Mr. Bertram, Principal of Hawthorne, thanked the Commission for using the room during the renovation. He referred to previous public comment in December. He used PG-13 censoring as an example. He noted other alternative conditions. 63 Bozeman City Commission Meeting DRAFT MINUTES, March 27, 2017 Page 10 of 13 08:50:08 PM (02:51:54) Alexis Stopka, Public Comment Mr. Stopka is in support of the Taproom. He encouraged the Commission to look at the letter of the law. 08:50:50 PM (02:52:36) Shannon Fay, Public Comment Ms. Fay discussed the address change. She is a parent at Hawthorne, and believes this is a significant alteration. 08:52:24 PM (02:54:10) Public Comment Closed Mayor Taylor closed public comment. 08:52:40 PM (02:54:26) Applicant Rebuttal Mr. Cade clarified alcohol percentages. He noted that any level of distraction is no different from alcohol use. He also addressed the change that the school did to crossing at Lamme. He also noted that the School District Superintendent that they pushed the address change intentionally to stop them. 08:56:44 PM (02:58:30) Questions of Staff CR Krauss asked how parking is determined and if parking changes. CR Mehl asked if the initial memo did in fact call out beer and wine as an exception. CR Krauss asked if the Commission in fact did rely on the 60% license referred to. CR Mehl asked if the Commission can in fact add conditions. City Attorney Sullivan responded in detail. 09:01:57 PM (03:03:43) Motion that having reviewed and considered the application materials, public comment, staff report, and all of the information presented, including staff findings, I hereby adopt the findings presented in the staff report for application 16475, finding the modification is in substantial compliance with the original plan and it is not a significant alteration of the previous use and site. Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd 09:02:27 PM (03:04:13) Discussion CR Krauss stated he’s not sure it’s significant. DM Andrus stated that she has to base her decision on facts whether this is significant. She stated she is also sympathetic to those with concerns. She asked the Taproom owners to consider keeping the doors closed during school hours. She also asked the school to consider shades. She also asked the Taproom to not put signs on that side of the building. She asked the school to consider this an opportunity to talk about alcohol and educate kids. CR Mehl assured the public that the Commission spends a lot of time reading and responding to public comment. He clarified the quasi-judicial nature of the Commission on the issue. He asked staff to consider social factors in future CUPs. He also noted that the address changing precedent needs to stop. He leans towards support. CR Pomeroy stated she is not in support, but the Commission has set a precedent, and that they have to 64 Bozeman City Commission Meeting DRAFT MINUTES, March 27, 2017 Page 11 of 13 approve the license. She suggested reviewing the ordinance. Mayor Taylor stated he is voting against the motion. He stated frustration with the address changes. He discussed the spirit of the law. He also discussed the cooperation that the two parties could do. He interprets the fact that a different license is required, means it is a significant alteration. CR Krauss noted that there are numerous establishments selling alcohol within 600 feet of the school, and he doesn’t know if that’s the buffer, as it might be the visibility. He discussed the address change and its appearance of interference. Mayor Taylor recognized that any bar has the potential to bring out issues with children that are in difficult situations. DM Andrus stated that she’d like to see these issues addressed in future CUPs. 09:31:37 PM (03:33:23) Vote that having reviewed and considered the application materials, public comment, staff report, and all of the information presented, including staff findings, I hereby adopt the findings presented in the staff report for application 16475, finding the modification is in substantial compliance with the original plan and it is not a significant alteration of the previous use and site. The motion passed 4-1. Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Disapprove Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 5. 09:32:08 PM (03:33:53) Appointment to the Beautification Advisory Board (Michalson)  09:32:16 PM (03:34:02) Motion to appoint Elise Strong to the Beautification Advisory Board [to a term ending June 30, 2019]. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 09:32:27 PM (03:34:13) Public Comment There was no public comment. 09:32:30 PM (03:34:16) Discussion CR Pomeroy stated that after talking to Ms. Strong, she determined she wanted to be appointed. 09:32:41 PM (03:34:27) Vote to appoint Elise Strong to the Beautification Advisory Board [to a term ending June 30, 2019]. The motion passed 5-0. 65 Bozeman City Commission Meeting DRAFT MINUTES, March 27, 2017 Page 12 of 13 Commissioner - I-Ho Pomeroy: 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 6. 09:32:55 PM (03:34:41) Appointments to the Bozeman Area Bicycle Advisory Board (Michalson)  09:33:00 PM (03:34:46) Motion to appoint Christian Black [to the Voting At-Large position expiring December 31, 2018] and Lila Fleishman [to the Voting At-Large position expiring December 31, 2017] to the Bozeman Area Bicycle Advisory Board. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 09:33:51 PM (03:35:37) Friendly Amendment to clarify the terms of the motion. 09:33:39 PM (03:35:25) Discussion Mayor Taylor noted the popularity of the board and number of applicants, and asked the applicants to leave their applications in the pool for future vacancies. 09:35:53 PM (03:37:39) Vote to appoint Christian Black [to the Voting At-Large position expiring December 31, 2018] and Lila Fleishman [to the Voting At-Large position expiring December 31, 2017] to the Bozeman Area Bicycle Advisory Board. The 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 7. 09:36:10 PM (03:37:56) Legislative Update (Andrus)  09:36:14 PM (03:38:00) Discussion Deputy Mayor Andrus stated that the gas tax bill did pass out of the Appropriations Committee. The Local Option Tax 577 was tabled. The other Local Option Tax being carried is waiting executive action. HB339, the Exempt Well Bill has been referred and waiting on executive action. HB573, the exempting public school/equalization mills from the TIF is waiting executive action. City Attorney Sullivan stated that the bill to implement Marsy’s Law had a hearing today. A Landlord/Tenant Law bill was heard. A 66 Bozeman City Commission Meeting DRAFT MINUTES, March 27, 2017 Page 13 of 13 short-term rental bill is coming soon as well. CR Mehl stated that the resort tax increase by 1% failed. 8. 09:39:45 PM (03:41:31) FYI/Discussion • Mayor Taylor discussed his desire to put the removal of Citizen Advisory Board members who had not completed their 2016 Ethics Training on the April 10, 2017 agenda. • Community Development Director Marty Matsen stated that the Planning Office will be mostly closed this Thursday and Friday. The Building Division will remain open. • Mayor Taylor stated that the State of the City will be on April 10, 2017. 9. 09:42:49 PM (03:44:35) Adjournment Mayor Taylor adjourned the meeting at 9:42 PM. ___________________________________ Carson Taylor Mayor ATTEST: ___________________________________ Robin Crough City Clerk PREPARED BY: ___________________________________ Robin Crough City Clerk Approved on: ___________________________________ 67