HomeMy WebLinkAbout04-24-17 City Commission Minutes Sot
U �'L
N Co.
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday,April 24, 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: Interim City Manager Dennis Taylor,Assistant City Manager Chuck Winn, City
Attorney Greg Sullivan, City Clerk Robin Crough
A. 05:59:59 PM (00:02:42) 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. 06:00:07 PM (00:02:50) Pledge of Allegiance and a Moment of Silence
C. 06:00:52 PM (00:03:35)Changes to the Agenda
Mayor Taylor has an announcement before the Special Presentations.
D. 06:01:15 PM (00:03:58)Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) -_G
2. Approval of Depository Bonds and Pledged Securities as of March 31, 2017 (Clark) 1 a
3. Authorize the Interim City Manager to Sign the Memorandum of Agreement, Public Use
Easement, and Temporary Construction Easement with J. Swenson for Right-of-Way
Acquisition for Construction of Improvements to Oak Street, Parcel 6(Hixson) a
4. Authorize the Interim City Manager to Sign a Professional Services Master Task Order
Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) for On-Call
Engineering Services at the City of Bozeman Water Treatment Plant(Heaston) ~ p
5. Authorize the Interim City Manager to Sign a Purchase Agreement with Kenneth J.
VanDeWalle,Architect,AIA, Inc.for the Sports Park Entry Pavilion Shade Structure (Poissant)
G
Page 1 of 8
Bozeman City Commission Meeting Minutes,April 24,2017
6. Authorize the Interim City Manager to Sign a Contract Agreement with Hydro Logistics
Irrigation, LLC for the City Hall Landscape Improvement Project (Mehrens)
06:01:18 PM (00:04:01)City Manager Overview
Interim City Manager Dennis Taylor provided an overview of Consent Items 1-6.
06:03:04 PM (00:05:47) Public Comment
There was no public comment.
06:03:19 PM (00:06:02)Motion and Vote to approve Consent Items 1-6 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. 06:03:36 PM (00:06:19) Public Comment
There was no public comment.
F. 06:05:03 PM (00:07:46)Special Presentations
06:05:06 PM (00:07:49) Mayoral Presentation
Mayor Taylor noted that April is Water Conservation Month and encouraged the city to participate.
1. 06:07:01 PM (00:09:44) Fire Department Annual Report(Waldo)
Fire Chief Josh Waldo presented the Commission with the 2016 Annual Report, discussing
data, projects, and future projects. He also discussed the Master Plan update, the internal
strategic plan, new radios, and additional future projects.
06:13:38 PM (00:16:21) Questions of Staff
DM Andrus asked how many firefighters the City had?
CR Mehl asked how the City compared to our peers in number of fire calls. He asked if the EMS trends
will continue. He asked about training timelines.
Mayor Taylor stated he appreciated the work of the department.
2. 06:17:46 PM (00:20:29) Presentation on Criminal Justice System Support Services
(Save rud/Crawford)
Stacy Wesem of Gallatin County Victim Services read a case scenario. Police Chief Steve
Crawford spoke about officer training, call response and investigations, collaboration and
Page 2 of 8
Bozeman City Commission Meeting Minutes,April 24,2017
partnerships, and the Gallatin Project and the grant they administer. Stacy Wesem provided
further information about Gallatin County Victim Services, their role, and detail about the
services they provide.City Domestic Violence Prosecutor Anna Saverud discussed her role and
responsibilities.She spoke in detail about prosecution and emphasized the collaboration with
this group. Erica Coyle, Director of HAVEN, discussed the services provided by HAVEN.
06:44:49 PM (00:47:32) Questions of Presenters
CR Mehl thanked the presenters and the City Attorney's office. He asked what else the community could
be doing, are there any gaps? Ms.Saverud noted that one of the biggest challenges is affordable
housing. Ms. Coyle added childcare as another issue. He also asked how much does this group work with
the medical community and K-12, and does Marci's law have an effect on their work?Chief Crawford
spoke of the interface with Bozeman Health. Ms.Wesem discussed their work with the school resource
officers.She acknowledged that Marci's Law will be a challenge with the huge increase in their caseload.
CR Pomeroy asked if domestic violence has been increasing.She asked if domestic violence and mental
health issues were related.
CR Krauss asked the Chief to provide him with comparative numbers alluded to. He addressed
affordability, and asked is there something to be done to prevent area homicides. Ms.Saverud discussed
the increase in calls hopefully means people are more confident in the response.
Mayor Taylor asked about the process if a threat is heard. Chief Crawford and Ms. Saverud responded.
He also asked why cases like the case scenario are only charged misdemeanors.
CR Krauss asked if MSU is fully participating in the Sexual Assault Response Team. He asked if there are
other partners like churches or others freely reporting? Ms. Coyle spoke of future efforts and Ms.
Wesem spoke of walk-ins and people reaching out.
DM Andrus how a new Law&Justice Center could impact these agency's work.Space and logistical
issues were discussed.
G. 07:22:30 PM (01:25:13)Action Items
1. 07:22:35 PM (01:25:18)A Preliminary Plat Application to Allow the Subdivision of a Portion of
Lot R-1,J&D Family Subdivision (Plat J-502) into One (1) Commercial Lot, a Remainder Lot (R-
2), and Road Right-of-Way,Application 17071(Quasi-Judicial) (Rogers) 7L!
07:22:58 PM (01:25:41)Staff Presentation
Planner Tom Rogers entered his staff report into the record, and provided an overview of the
preliminary plat. He noted there was no public comment, and DRC recommends approval.
07:26:54 PM (01:29:37)Questions of Staff
CR Pomeroy asked what will happen with a restricted development lot.
DM Andrus asked if groundwater was mitigated in the conditions.
Page 3of8
Bozeman City Commission Meeting Minutes,April 24,2017
07:30:16 PM (01:32:59)Applicant Presentation
Chris Wassey of Genesis Engineering stated he is here to answer questions.
07:30:33 PM (01:33:16) Questions of Applicant
CR Mehl asked the applicant what he had in mind. He asked if he had seen the staff report.
CR Pomeroy asked what would happen with the restricted development lot.
07:33:08 PM (01:35:51) Public Comment
There was no public comment.
07:33:24 PM (01:36:07)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 17071 and move to approve the J&D Family Minor Subdivision with conditions and
subject to all applicable code provisions.
Commissioner-Chris Mehl: Motion
Commissioner-Jeff Krauss: 2nd
07:33:42 PM (01:36:25) Discussion
CR Mehl is in agreement with the subdivision.
07:34:31 PM (01:37:14) 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 17071 and move to approve the J&D Family Minor Subdivision with conditions and
subject to all applicable code provisions. The motion passed 5-0.
Commissioner-Chris Mehl: Motion
Commissioner-Jeff Krauss: 2nd
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
Manor-Carson Taylor:Approve
Commissioner-Chris Mehl:Approve
Commissioner-I-Ho Pomeroy:Approve
07:34:51 PM (01:37:34) Recess
Mayor Taylor called the Commission into recess until 7:45 PM.
07:46:04 PM (01:48:47) Call to Order
Mayor Taylor called the meeting back to order at 7:46 PM.
2. 07:46:11 PM (01:48:54) Recommendations for Regulating Short Term Rentals (Winn) , a
07:46:21 PM (01:49:04)Staff Presentation
Assistant City Manager Chuck Winn thanked the Police and Fire Chief for their work. He introduced the
Page 4 of 8
Bozeman City Commission Meeting Minutes,April 24,2017
team that worked on the recommendations and how the City got to the status quo. He provided what
data the City has regarding short-term rentals. He noted the public engagement and input on the
subject. He specifically discussed the INC's recommendations and other best practices throughout the
state. He discussed the legal authority of the City. Mr. Winn proposed definitions,examples of what the
types proposed would mean,and the general requirements for each type. He discussed recommended
fees, as well as forms and education on the website that would be necessary.
08:17:06 PM (02:19:49)Questions of Staff
DM Andrus asked if Type 1 was a boarding house.She asked about the registration and fee, and why a
cap wasn't recommended.She asked about fire self-certification.
CR Mehl asked what reasoning other Montana cities authority has been to not regulate. He asked about
input from the City-County Board of Health.Assistant City Attorney Karen Stambaugh responded in
detail. He also asked about requiring insurance. He asked if staff was proposing any changes in the CUP
process. He asked why limiting assembly was omitted. He asked about the effective date and next steps.
He asked about corporate ownership. He asked about resource lack for enforcement. He asked why
there was no annual sunset. He asked why no fee for Type 1 and the difference for fire inspections. He
asked why no notice for Type 1 and 2 to the neighbors. He asked about regulating density.
CR Krauss asked about regulations for Bed &Breakfasts. He asked if there was a minimum-sized lot. He
also about duplexes in R-1. He asked about allowing affordable units as short-term rentals. He asked
about maintaining single-family districts. He asked if the zoning code gives adequate authority to ban or
heavily regulate within specific zoning districts.
CR Pomeroy asked if fire inspections are required for Type 1, and that there is no cost for Type 1.She
asked if the City has the ability to enforce.She asked how the City could control parking.
Mayor Taylor asked what the role of money is. He asked if the City could make this a civil infraction.
CR Pomeroy asked if the fee was proposed to be equitable for hotels.
09:17:30 PM (03:20:13) Public Comment
Mayor Taylor opened public comment.
09:18:04 PM (03:20:47) George Thompson,Public Comment
Mr.Thompson spoke of the transient nature of occupants and its impact on neighborhood character
and community responsibility.
09:21:39 PM (03:24:22)Jim Goetz, Public Comment
Mr. Goetz discussed the disappearance of R-1. He spoke of the exceptions of Type 2. He discussed the
lack of standards for CUPs. He spoke of putting some enforcement in AirBnB's hands.
09:24:03 PM (03:26:46)Susie Hollen Public Comment
Ms. Hollen commended the public outreach discussed the qualifications for types and provided a
recommendation for a local contact instead of owner.She noted this is similar to an inn and similar rules
should apply.She suggested continuity of management to cover a change of ownership.There should be
a responsible party at any time.
Page 5 of 8
Bozeman City Commission Meeting Minutes,April 24,2017
09:27:57 PM (03:30:40)Kathy Powell,Public Comment
Ms. Powell noted that the core recommendations are flawed, primarily in Type 2 and 3,and its potential
change of neighborhood character.She proposed a 2% limit in zones. She also discussed ADUs.
09:31:30 PM (03:34:13)Jill Davenport Public Comment
Ms. Davenport expressed the importance of neighborhoods.
09:33:28 PM (03:36:11)Emily Hooker,Public Comment
Ms. Hooker stated the priority of this endeavor should be to preserve the livability of the town and
neighborhoods. Her plea is to revisit growth issues related to this.
09:35:52 PM (03:38:35)Richard Canfield,Public Comment
Mr. Canfield emphasized neighborhoods, and referenced the INC's recommendations. He stated not to
dodge the density issue. He noted the importance of predictability.
09:40:10 PM (03:42:53)Marilee Brown,Public Comment
Ms. Brown noted that there is a lot of conflicting statute. She discussed arguments in favor of short-
term rentals.
09:44:51 PM (03:47:34)David Mercer,Public Comment
Mr. Mercer spoke that residential neighborhoods won't see any benefits from the commercial interests.
09:47:12 PM (03:49:55)Paul House,Public Comment
Mr. House runs vacation rentals and has asked for regulation. He discussed details of the
recommendations.
09:50:24 PM (03:53:07)Jason Delmue,Public Comment
Mr. Delmue is a vacation rental owner, and he discussed comparisons with long-term rentals.The data
doesn't support that short-term rentals are more negative. He discussed issues that are unaddressed.
09:53:34 PM (03:56:17)Dave Johnston,Public Comment
Mr.Johnston stated that he enjoys vacation rentals, and some regulation is good. He asked if HOA
covenants can help regulate.
09:55:43 PM (03:58:26) Meeting Extended
Mayor Taylor extended the meeting until 10:30 PM.
09:55:51 PM (03:58:34)Questions of Staff
DM Andrus asked if we thinking of laws that weren't yet established.
09:57:51 PM (04:00:34) Discussion
Page 6 of 8
Bozeman City Commission Meeting Minutes,April 24,2017
CR Krauss discussed the purpose of zoning. He discussed some of his preferences for revisions and
options he did like.
CR Mehl expressed his preferences for clarifications and changes.
DM Andrus listed her recommended changes.
CR Pomeroy listed her recommended changes.
Mayor Taylor noted his preferences. He discussed the nature of landlords/tenants and long-term
renters.
10:25:02 PM (04:27:45) Meeting Extended
Mayor Taylor extended the meeting until 10:45 PM.
10:25:06 PM (04:27:49) Discussion Continued
The Commission and staff discussed the process for coming back with changes.
3. 10:30:02 PM (04:32:45)Appointment to the City Planning Board (Michalson) a
10:30:07 PM (04:32:50)Upon receipt of Gallatin County's designation,Mayor Taylor appointed Gerald
Pape as the County Appointment to the City Planning Board with an updated term expiring on January
31,2019.
10:30:20 PM (04:33:03) Public Comment
Mayor Taylor opened public comment.
10:30:24 PM (04:33:07)Gerald Pape,Public Comment
Mr. Pape discussed his history of appointment and his dual appointment for the City-County.
4. 10:32:28 PM (04:35:11) Legislative Update (Andrus) a
10:32:31 PM (04:35:14)Commission Presentation
DM Andrus provided an update on the gas tax bill, HB 473.
10:33:59 PM (04:36:42) Public Comment
There was no public comment.
H. 10:34:05 PM (04:36:48) FYI/Discussion
1. Mayor Taylor stated that there is no procedure to bring the Black Olive back as a
reconsideration.
2. Mr. Winn thanked the Commission for their support of the staff on the short-term rental
issue this evening.
3. Community Development Director Martin Matsen stated that a formal reclaim would be
necessary again for Black Olive to come before the Commission.
Page 7of8
Bozeman City Commission Meeting Minutes,April 24,2017
I. 10:36:24 PM (04:39:07)Adjournment
Mayor Taylor adjourned the meeting at 10:36 PM.
Carson Taylor
Mayor
,< >ATTEST:
<' B OZ''
41
_44
ou h•_
•
TIN C O.-�10
PREPARED BY:
r
Robin Crough
City Clerk
Approved on: May 15 , —1)0 1'1
Page 8 of 8