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HomeMy WebLinkAbout08-07-17 City Commission Packet Materials - M1. June and July 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 June 5, June 26, July 10, July 17, and July 24, 2017, Special Meeting Minutes from June 15 and June 22, 2017, and User Access to Linked Minutes MEETING DATE: August 7, 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 June 5, 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 June 15, 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 June 22, 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 June 26, 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 July 10, 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 July 17, 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 July 24, 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 and Special City Commission Minutes as submitted. SUGGESTED MOTION: I move to approve the combined City Commission Minutes from June 5, June 15, June 22, June 26, July 10, July 17, and July 24, 2017, as submitted. 7 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 Since August of 2013, the City Commission Minutes have been linked with audio and video using AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. 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…” top menu item, and selecting the bottom right link “Watch a commission or board meeting video.” VIEWING: Using the drop-down menu immediately below the AV Capture icon, select Recorded (all previously recorded meetings), Streaming Live (meetings currently being streamed in real-time), or Upcoming (future meetings that will be streamed live). 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. Final minutes are available here once formally 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. 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. UNRESOLVED ISSUES: Please note that minutes from June 12 and June 19, 2017 still need to be completed and will be included in a future batch. FISCAL EFFECTS: None. Attachments: Draft Minutes Report Prepared on August 1, 2017 8 Page 1 of 9 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, June 05, 2017 Deputy Mayor - Cynthia Andrus: Present Commissioner - Jeff Krauss: Present Mayor - Carson Taylor: Present (Until 8:34 PM) Commissioner - Chris Mehl: Present Commissioner - I-Ho Pomeroy: Absent Staff Present at the Dais: Interim City Manager Dennis Taylor, City Attorney Greg Sullivan, Assistant City Manager Anna Rosenberry, City Clerk Robin Crough A. 06:00:26 PM (00:03:53) 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. 06:00:35 PM (00:04:02) Pledge of Allegiance and a Moment of Silence 06:01:20 PM (00:04:47) Passing of the Gavel Mayor Taylor passed the gavel to Deputy Mayor Andrus to run the meeting. C. 06:02:00 PM (00:05:27) Changes to the Agenda There were no changes to the agenda. D. 06:02:10 PM (00:05:37) Authorize Absence - Commissioner I-Ho Pomeroy 06:02:13 PM (00:05:40) Motion and Vote to authorize the absence of Commissioner Pomeroy. The motion passed 4-0. 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: Absent E. 06:02:36 PM (00:06:03) Consent 9 Bozeman City Commission Meeting DRAFT MINUTES, June 5, 2017 Page 2 of 9 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2. Approve a Beer and Wine License for Backcountry Burger Bar, of Bozeman, Montana, to Sell Beer and Wine at 125 West Main Street (Pitcher) 3. Authorize the Interim City Manager to Sign an Interlocal Agreement with Gallatin County for an 800MHz Radio System (Winn) 4. Authorize the Interim City Manager to Sign a Conduit Management and Maintenance Agreement with Bozeman Fiber for Fiscal Year 2017 (Fine) 5. Authorize the Interim City Manager to Sign the Notice of Award to Williams Civil Division, Inc. for the 2017 Main and Willson Sewer Renovations Project (Gamradt) 6. Authorize the Interim City Manager to Sign Amendment Number 1 to the Professional Services Agreement with Robert Peccia and Associates for the Transportation Master Plan Update (Hixson) 7. Authorize the Interim City Manager to Sign Amendment Number 1 to Task Order Number 10 with DOWL to Obtain Right-of-Way on Baxter Lane between Ferguson Avenue and Cottonwood Road for the Baxter Lane Roadway Improvements Project (Murray) 8. Authorize the Interim City Manager to Sign Amendment Number 2 to the Professional Services Agreement with Robert Peccia and Associates for Construction Phase Services for Baxter Lane between Ferguson Avenue and Cottonwood Road for the Durston and Cottonwood Roads Improvements Project (Murray) 9. Ratify the Interim City Manager's Signature on the Software License, Maintenance and Support Agreement with Journal Technologies for JusticeWeb (Sullivan) 10. Resolution 4741, Creating a Payback District for the 2016 Bridger Drive Trunk Sewer Main (Murray) 11. Resolution 4777, Authorizing the Midtown Urban Renewal District Technical Assistance Grant Program and Authorizing the Bozeman Midtown Urban Renewal Board to Provide for the Administration of the Program (Fine) 12. Resolution 4799, Intent to Modify Special Improvement Lighting District Number 730 for Flanders Mills Subdivision Phase I-7 (Clark / Neibauer) 13. Resolution 4804, Authorizing Change Order Number 1 with Montana Civil Contractors, Inc. to the 5.3 Million Gallon Water Storage Tank Project (Murray) 14. Ordinance 1969 Final Adoption, Authorizing the City Manager to Enter Into an Exchange Agreement for the Realignment of a Park Boundary in the West Manor First Addition Subdivision with Privately Owned Tracts, Providing Contingencies and an Effective Date (Poissant) 06:02:43 PM (00:06:10) City Manager Overview ICM Taylor provided a brief overview of Consent Items 1-14. 06:09:13 PM (00:12:40) Public Comment There was no public comment. 10 Bozeman City Commission Meeting DRAFT MINUTES, June 5, 2017 Page 3 of 9 06:09:30 PM (00:12:57) Motion and Vote to approve Consent Items 1-14 as submitted. The motion passed 4-0. Mayor - Carson Taylor: 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: Absent F. 06:09:53 PM (00:13:20) Public Comment There was no public comment. G. 06:10:30 PM (00:13:57) Action Items 1. 06:10:36 PM (00:14:03) Presentation of the Fiscal Year 2017-2018 (FY18) City Manager's Recommended Budget (D. Taylor / Rosenberry) 06:10:48 PM (00:14:15) Staff Presentation ICM Taylor discussed the nature of the FY18 budget to maintain current service levels. ACM Rosenberry discussed the budget development process. She noted the City budget historical expenditures. She discussed significant issues this year, including increased transportation funding, gas tax revenue from the state, requests for added staffing, Marsy’s Law implementation, and the strategic plan project. There will be a change in fund balance of approximately $15.3 million. She discussed the largest projects of the total approximate $111 million. She discussed the FY18 staffing additions, totaling 10 FTEs. She noted the estimated ending balance for FY18 of approximately $5.4 million. She discussed General Fund revenue sources, and the General Fund priorities. ACM Rosenberry presented the Street Maintenance District, the Arterial & Collector District, the Tree Maintenance District, and utility information. She discussed the estimated tax levy, staying at last year’s levels. She provided a table explaining the $81 annual increase for FY18. She summarized the tentative schedule for upcoming budget work sessions. 06:47:23 PM (00:50:50) Questions of Staff Mayor Taylor asked how much each mill costs the average taxpayer. He asked further about the gas tax money the City will actually receive. He asked about a comparison with other cities. He asked if we’ve been able to calculate what Marsy’s Law will cost us. CR Mehl asked about the estimate of decline in fines and general increased costs due to Marsy’s Law. Mayor Taylor asked how many more mills the City could levy if they wanted to. He asked about the accuracy of the carryover estimate. CR Mehl asked about estimated growth levels. He asked where the decrease in operations costs is coming from. He asked why more money is spent on pipe repairs than wastewater. Development Review Engineer Shawn Kohtz responded. He asked if the increase in water comes from increase is use 11 Bozeman City Commission Meeting DRAFT MINUTES, June 5, 2017 Page 4 of 9 or users. CR Krauss thanked ACM Rosenberry for producing the budget and doing Assistant City Manager work. He asked her to break down the City’s increase in spending for FY18. He asked if the Street Maintenance Assessment is still catchup from deferred maintenance, and the Arterial & Collector to build capacity. He asked about personnel costs relative to capital. DM Andrus asked if the reserve is at the same place as usual at this point. 07:17:42 PM (01:21:09) Public Comment There was no public comment. 07:18:02 PM (01:21:29) Discussion Mayor Taylor discussed the $81 dollar increase and property tax increases due to reappraisals. He mentioned removing water and sewer services out of the increase. CR Krauss discussed the reappraisal process and impact. The Commission discussed in detail. He discussed the minimum reserve, and would like to see more. CR Mehl asked if water and sewer are required base charges. He supports this budget and it’s a good start. DM Andrus also thought the budget was a good start. 07:41:06 PM (01:44:33) Recess DM Andrus called the Commission into recess until 7:50 PM. 07:50:05 PM (01:53:32) Call to Order DM Andrus called the meeting back to order at 7:50 PM. 2. 07:50:14 PM (01:53:41) Fiscal Year 2018 (FY18) Budget Work Session - Special Revenue Funds: Community Development Fund, Building Inspection Fund, Tree Maintenance Fund (Forestry), Community Housing Fund - Workforce Housing (Rosenberry) 07:50:40 PM (01:54:07) Staff Presentation on the Community Development Fund ACM Rosenberry presented on the four main special revenue funds, out of a much larger number. She started with the Community Development Fund expenditures and revenues. She discussed the use of restricted cash in the fund. 08:02:11 PM (02:05:38) Questions of Staff CR Mehl asked about the data collection consultant. He asked about the “other” category since it keeps increasing. He also asked about the restricted cash and staffing in Community Development. Mayor Taylor asked about the wage of the Historic Preservation Officer. He asked about the historic building inventory. CR Krauss asked about funding positions with the restricted cash. He asked whether the City has been levying the General Fund for the Community Development Fund anymore. DM Andrus asked about the restricted revenues and their tie to applications. She asked about 12 Bozeman City Commission Meeting DRAFT MINUTES, June 5, 2017 Page 5 of 9 Conservation Overlay expenditures. 08:19:59 PM (02:23:26) Public Comment There was no public comment. 08:20:20 PM (02:23:47) Discussion CR Krauss stated that the City should use restricted funds when possible. CR Mehl asked about the spending of the Conservation Overlay funds. Mayor Taylor agreed with previous comments. DM Andrus stated they agreed to spend the entryway corridor money, and rollover the NCOD money, and taking the $20,000 of regional planning efforts out of long-range planning. ADD LAST 08:26:35 PM (02:30:02) Staff Presentation on the Building Inspection Fund ACM Rosenberry discussed the average fees and revenue estimates, and laid out expenditures. 08:31:34 PM (02:35:01) Questions of Staff CR Krauss asked her rationale for estimates. 08:33:25 PM (02:36:52) Mayor Taylor Absent Mayor Taylor left the meeting due to illness. Deputy Mayor - Cynthia Andrus: Present Commissioner - Jeff Krauss: Present Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Present Commissioner - I-Ho Pomeroy: Absent 08:33:51 PM (02:37:18) Questions of Staff Continued CR Mehl asked how we manage the number of inspections being done that are well above average. 08:36:33 PM (02:40:00) Public Comment There was no public comment. 08:36:49 PM (02:40:16) Discussion CR Krauss discussed the outward focus and tie to the strategic plan, and being more aware of inventory. 08:39:35 PM (02:43:02) Staff Presentation on the Tree Maintenance Fund ACM Rosenberry discussed the proposed budget. 08:39:48 PM (02:43:15) Point of Order CR Krauss asked if Deputy Mayor Andrus requested that he stay present despite a relative in this department to maintain a quorum. She requested that he stay. 13 Bozeman City Commission Meeting DRAFT MINUTES, June 5, 2017 Page 6 of 9 08:42:48 PM (02:46:15) Questions of Staff CR Mehl asked about the discrepancy between revenues and expenditures. CR Krauss asked about the Emerald Ash Borer potential event. He asked about the department’s search for potential grants. 08:52:18 PM (02:55:45) Public Comment There was no public comment. 08:52:36 PM (02:56:03) Staff Presentation on the Community Housing Fund ACM Rosenberry discussed the revenues and expenditures for FY18. She discussed a recommendation to fund $70,000 for administration of the affordable housing program. She noted that FY17 appropriations are not likely to be fully spent. 08:55:33 PM (02:59:00) Questions of Staff CR Mehl asked about the $70,000 administrative costs. Community Development Director Marty Matsen responded in detail. CR Krauss asked Mr. Matsen if he’s been approached about affordable housing projects. DM Andrus asked about FY17 actual expenditures. 09:04:14 PM (03:07:41) Public Comment DM Andrus opened public comment. 09:04:24 PM (03:07:51) Kevin Thane, Public Comment Mr. Thane supports keeping the fund balance high. 09:05:14 PM (03:08:41) Heather Grenier, Public Comment Ms. Grenier thanked the Commission, and mentioned the HRDC has three projects coming in in the next year. 09:06:04 PM (03:09:31) Discussion CR Mehl supports continuing the mills and rolling over the balance. CR Krauss supports this budget approach. He also knows of some incoming projects. DM Andrus also supports the three mills. 3. 09:09:37 PM (03:13:04) Continued from May 22, 2017: Spratt Conditional Use Permit (CUP) to Allow Personal and Convenience Services in the M-1 (Light Manufacturing) Zoning District at 304 Gallatin Park Drive, Application 17131 (Quasi-Judicial) (Jadin) 09:10:11 PM (03:13:38) Staff Presentation Planner Addi Jadin entered the staff report into the record. She discussed the previous hearing and the reason for the continuance, and the conditions of approval. She discussed the plan review criteria, the 14 Bozeman City Commission Meeting DRAFT MINUTES, June 5, 2017 Page 7 of 9 intended uses, and design elements. 09:18:36 PM (03:22:03) Questions of Staff DM Andrus asked about the trail in Condition 3. She asked Mr. Kohtz if there was any way to build a sidewalk or path and maintain it while other work happens. 09:21:14 PM (03:24:41) Applicant Presentation Cynthia Spratt has read the staff report and agrees with the conditions. They understand the situation with Manley Road. They have personally spoken with all the neighbors and the neighbors are excited about the project. 09:22:39 PM (03:26:06) Public Comment There was no public comment. 09:22:54 PM (03:26:21) 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 17131 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 09:23:13 PM (03:26:40) Discussion CR Krauss thanked them for their investment. CR Mehl is in agreement with the staff analysis. DM Andrus supports the addition to the area. 09:24:11 PM (03:27:38) Vote on the Motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 17131 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. The motion passed 3-0. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Absent 4. 09:24:25 PM (03:27:52) Ordinance 1975 Provisional Adoption, Clarifying Victims of Criminal Bozeman Municipal Code Offenses are to be Provided Restitution (Sullivan) 15 Bozeman City Commission Meeting DRAFT MINUTES, June 5, 2017 Page 8 of 9 09:25:03 PM (03:28:30) Staff Presentation City Attorney Greg Sullivan discussed the purpose of the ordinance and the clarification it provides. 09:26:32 PM (03:29:59) Public Comment There was no public comment. 09:26:42 PM (03:30:09) Motion that after considering the staff memorandum and presentation, and public comment, I hereby provisionally adopt Ordinance 1975. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 09:26:55 PM (03:30:22) Discussion CR Mehl sees this as a clarification. 09:27:15 PM (03:30:42) Vote on the Motion that after considering the staff memorandum and presentation, and public comment, I hereby provisionally adopt Ordinance 1975. The motion passed 3- 0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Absent H. 09:27:25 PM (03:30:52) FYI/Discussion 1. ICM Taylor reminded the Commission that Ron Holyfield with SGR will be in town next week scheduling meetings for the City Manager recruitment. I. 09:28:02 PM (03:31:29) Adjournment DM Andrus adjourned the meeting at 9:28 PM. ___________________________________ Carson Taylor Mayor ATTEST: 16 Bozeman City Commission Meeting DRAFT MINUTES, June 5, 2017 Page 9 of 9 ___________________________________ Robin Crough City Clerk PREPARED BY: ___________________________________ Robin Crough City Clerk Approved on: ___________________________________ 17 Page 1 of 6 THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES Thursday, June 15, 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, City Clerk Robin Crough, Human Resources Director Bethany Jorgenson, Ron Holifield with SGR A. 06:01:07 PM (00:01:32) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:01 PM. B. 06:01:15 PM (00:01:40) Pledge of Allegiance and a Moment of Silence C. 06:02:05 PM (00:02:30) Changes to the Agenda There were no changes to the agenda. D. 06:02:13 PM (00:02:38) Public Comment There was no public comment. E. 06:03:04 PM (00:03:29) Action Items 1. 06:03:08 PM (00:03:33) Work Session with Strategic Government Resources (SGR) to Discuss Final List of Attributes and Authorize the Interim City Manager to Approve the City Manager Profile (Jorgenson / D. Taylor) 06:03:21 PM (00:03:46) Staff Presentation ICM Taylor introduced Ron Holifield with SGR. Mr. Holifield with SGR discussed his interviews over the last two days. He discussed consistencies in what he heard. He discussed the structure and purpose of the City Manager Profile. 18 Bozeman City Commission Meeting DRAFT MINUTES, June 15, 2017 Page 2 of 6 He first discussed the general characteristics that came through consistently. 1. A strong focus on trust-building, with the Commission, with the rest of staff, and with the community. 2. A high degree of honesty and integrity. 3. A sense of decisiveness – someone willing to be the boss. 4. A team-builder. 5. A strong communicator, specific to listening. 6. Highly engaged with the community. 7. Growth-management experience. 8. Systems-building experience. 9. Strong in managing Council relations. 10. High emotional intelligence and self-awareness of strengths and weaknesses. 11. A track record of building relationships with other entities. 12. Knows how to lead change and help the Commission and staff break old habits in order to improve. 13. Energetic. 14. Thoughtful and ability to analyze complex problems and find solutions. 15. Self-reflective. 16. Effective at managing conflict. 17. Self-confident and secure. 06:18:42 PM (00:19:07) Reference Time Stamp Mr. Holifield went deeper on the issues of growth management and the transitional problems from a small community to a big city. Affordable housing came up in the context. He also discussed the importance of team-building. He discussed the strength of staff, and that staff want a strong leader. The recent reorganization has created some new challenges that need to be addressed. He stated that morale is a significant issue as well. There isn’t a strong team at the moment, and that team retreats haven’t happened in years, and needs to happen. He also discussed trust-building as a priority. He noted significant systems weaknesses. There is an absence of a strong and clear strategic vision and the absence of a strategic plan. He discussed succession planning and staffing plans. He also discussed the need to institutionalize a “no surprises” environment. He discussed the lack of prioritization. It was also identified there have been inconsistencies with some policies and ordinances. The final area was governance culture and policies. The level of engagement that the Commission has with staff has created significant challenges. This significantly influences the candidate pool and who will accept the position. He went into the governance discussion in depth, including Commission favoritism with staff, the desire to have a strong leader, equality of the Commission, circumvention of the City Manager, inquisitions of staff, treating the staff with disrespect, Commission interference with staff reporting issues. His perception is important to demonstrate that of potential candidates. The City has a very strong staff, some very broken systems, and the opportunity for more enjoyment from the Commission if this gets fixed. 06:45:48 PM (00:46:13) Questions Mayor Taylor asked how this connects to the Commission in hiring a strong city manager. Mr. Holifield 19 Bozeman City Commission Meeting DRAFT MINUTES, June 15, 2017 Page 3 of 6 stated that Commission acknowledge of good governance will dramatically improve the situation. CR Mehl asked how to translate this information into action tonight. Mr. Holifield suggested adopting a governance policy immediately. Mayor Taylor asked what else they could do to transition to a growing community. Mr. Holifield stating creating systems that can accommodate a growing environment. DM Andrus asked if the Commission needs to be in agreement with how to fix systems that they haven’t defined yet. Mr. Holifield discussed that it needs to be acknowledged as an issue going into the recruitment. CR Krauss thanked Mr. Holifield for the outside perspective, and translating this into the next step is what’s important. He asked what is expected of the Commission next. Mr. Holifield clarified right now all he needs tonight is to hear from the Commission that the traits discussed earlier sound good. CR Mehl asked if prioritization was in consensus. He asked if such a person exists, and how do they prioritize that list with candidates. Mr. Holifield discussed that it will be a combination of strengths and weaknesses. CR Mehl followed up to how they find the balance of taking some action or letting the new city manager determine some of the fixes with administrative structure. Mr. Holifield stated that any staff issues are the purview of the city manager, no relationship changes should change at this point. ICM Taylor discussed the Charter and its self-governing powers. Mayor Taylor asked about the differences between attributes and that which is indicative of attributes. Mr. Holifield discussed how this comes into play in the recruitment process. CR Pomeroy asked what a “strong leader” means. Mr. Holifield stated that a great city manager doesn’t have an agenda. CR Krauss discussed the difference between management leadership and policy leadership. He asked what the next piece to discuss was. 07:13:35 PM (01:14:00) Public Comment There was no public comment. 07:14:10 PM (01:14:35) Motion to approve the list [as discussed] and authorize the Interim City Manager to fine-tune the [City Manager] Profile. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 07:14:53 PM (01:15:18) Discussion CR Krauss stated that the process of the last few days created a sense of what is going on. His only hesitancy is that this is what is happening now. Let’s not fix the past and create new problems however. CR Pomeroy stated that this discussion is about the perfect manager. CR Mehl echoed that while the list is large, they should strive to get as close as possible. He agrees its of this moment, but many characteristics are universal. DM Andrus agrees with the list, and appreciated Mr. Holifield’s presentation. Mayor Taylor stated the list may be too long, and that the profile will have a smaller number. 20 Bozeman City Commission Meeting DRAFT MINUTES, June 15, 2017 Page 4 of 6 07:19:01 PM (01:19:26) Vote on the Motion to approve the list as discussed and authorize the Interim City Manager to fine-tune the [City Manager] Profile. 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. 07:19:17 PM (01:19:42) Approval of the City Manager Recruitment Process Timeline (Jorgenson / D. Taylor) 07:19:27 PM (01:19:52) Staff Presentation ICM Taylor stated that the timeline presented in the memo reflects that it is better to be longer term than shorter term. Mr. Holifield noted a few key dates determined. 07:21:07 PM (01:21:32) Questions of Staff CR Pomeroy asked if one month should be added to accommodate summer schedules. CR Mehl asked what his experience with summer recruitments is. Mr. Holifield stated this schedule is slower, but can be flexible to stretch if necessary. CR Mehl asked about the involvement part of the recruitment. Mayor Taylor asked when he’d next be back. Mr. Holifield stated September 7th. CR Krauss stated we need to be flexible. DM Andrus asked if a meeting was happening on June 29th. Mr. Holifield stated no. DM Andrus asked if they would see it. Mr. Holifield state yes. Mayor Taylor stated his preference is more haste whenever possible. 07:27:37 PM (01:28:02) Public Comment There was no public comment. 07:27:46 PM (01:28:11) Motion to approve the City Manager Recruitment Process Timeline as discussed. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:27:53 PM (01:28:18) Discussion CR Mehl stated they will see, but this seems like a reasonable start. CR Krauss endorsed the Mayor’s comments that this is the Commission to make this decision. 21 Bozeman City Commission Meeting DRAFT MINUTES, June 15, 2017 Page 5 of 6 07:29:51 PM (01:30:16) Vote on the Motion to approve the City Manager Recruitment Process Timeline as discussed. 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. 07:30:10 PM (01:30:35) FYI/Discussion • CR Mehl reminded the public of the Monday and Thursday meetings next week. • CR Pomeroy asked about the salary of the city manager position. Mayor Taylor stated this cannot be discussed until the item is reopened. 07:31:18 PM (01:31:43) Motion to reopen Action Item 1 as to address the unresolved issue of salary. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 07:31:40 PM (01:32:05) Discussion CR Mehl stated that this should be opened if a point needs to be made. 07:32:02 PM (01:32:27) Vote on the Motion to reopen Action Item 1 as to address the unresolved issue of salary. 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 07:32:18 PM (01:32:43) Questions of Staff / Discussion CR Pomeroy stated it is a good idea not to publish the salary, and asked can it be “to be determined.” Mr. Holifield discussed when this comes into the process. Mayor Taylor asked if there was any disadvantage to stating DOQ. Mr. Holifield stated no. DM Andrus asked why this discussion was happening. CR Pomeroy reiterated she does not want this published. 22 Bozeman City Commission Meeting DRAFT MINUTES, June 15, 2017 Page 6 of 6 Mayor Taylor stated this is relatively self-evident. CR Mehl stated that he is happy with the answer given by Mr. Holifield. G. 07:36:28 PM (01:36:53) Adjournment Mayor Taylor adjourned the meeting at 7:36 PM. ___________________________________ Carson Taylor Mayor ATTEST: ___________________________________ Robin Crough City Clerk PREPARED BY: ___________________________________ Robin Crough City Clerk Approved on: ___________________________________ 23 Page 1 of 11 THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES Thursday, June 22, 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 (ICM) Dennis Taylor, Assistant City Manager (ACM) Chuck Winn, City Attorney (CA) Greg Sullivan, Assistant City Attorney (ACA) Karen, City Clerk Robin Crough A. 06:02:18 PM (00:05:14) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:02 PM. B. 06:02:32 PM (00:05:27) Pledge of Allegiance and a Moment of Silence C. 06:03:26 PM (00:06:22) Changes to the Agenda Dennis Taylor asked to move Public Comment, Item D, until after the Action Items. Mayor Taylor confirmed. D. Public Comment - Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. There will also be an opportunity in conjunction with each agenda item for comments pertaining to that item. Please limit your comments to three minutes. MOVED TO AFTER ACTION ITEMS. E. 06:03:54 PM (00:06:50) Action Items 1. 06:03:57 PM (00:06:53) Continued from May 22, 2017 – Ordinance 1974 Provisional Adoption, Amending the Bozeman Municipal Code to Regulate Short Term Rentals, Application 17185 (Winn / Saunders) (Original materials from May 22, 2017)  24 Bozeman City Commission Special Meeting DRAFT MINUTES, June 22, 2017 Page 2 of 11 06:04:15 PM (00:07:11) Discussion Mayor Taylor explained that the hearing would picked up directly from May 22, 2017. He clarified a previous statement about public comment. 06:05:52 PM (00:08:48) Public Comment Mayor Taylor opened public comment. 06:06:23 PM (00:09:19) Nick Landeros, Public Comment Mr. stated it was not appropriate to regulate short-term rentals. He spoke of the benefits of short-term rentals. 06:09:33 PM (00:12:29) Steve Wagner/Gabriella Nelson, Public Comment Mr. Wagner read a letter from Ms. Nelson, speaking of their family home and short-term term rentals. They asked to continue allowing vacation rentals. 06:10:53 PM (00:13:49) Jeff York, Public Comment Mr. York opposed the proposed regulations, he stated the issue was a red herring and did not see issues with short-term rentals. He asked to end the temporary ban, but move forward with fees. 06:13:17 PM (00:16:13) Maryann Martell, Public Comment Ms. Martell spoke of unfairness and confusion regarding the grandfather issue, CUPs, and what the law and the City asked of them. She asked for a cap, but allow those already in existence to come into compliance. She asked to bring back the CUP. 06:17:11 PM (00:20:07) Carl Warren, Public Comment Mr. Warren spoke of a next door vacation rental and his neighbors, and how well he knows his neighbors and that the STR is owned by an LLC. A neighborhood has to have neighbors. 06:20:27 PM (00:23:23) Steve Candler, Public Comment Mr. Candler discussed some recommended changes to the proposed ordinance. He submitted physical public comment with his requested changes. 06:24:07 PM (00:27:03) Jessie Brown, Public Comment Ms. Brown helps fund her college by helping her family manage a short-term rental. 06:24:44 PM (00:27:40) Public Comment Mayor Taylor closed public comment. 06:24:53 PM (00:27:49) City Attorney Clarification City Attorney Sullivan discussed the formal protest for this issue. From May 22, 2017: Motion that having reviewed and considered the proposed ordinance, public comment, recommendation from the Zoning Commission, and all the information presented, I hereby adopt the findings presented in the staff report for application 17185 and move to provisionally adopt Ordinance 1974, Amending the Bozeman Municipal Code to Regulate Short Term Rentals. Commissioner – Jeff Krauss: Motion Deputy Mayor – Cynthia Andrus: 2nd 25 Bozeman City Commission Special Meeting DRAFT MINUTES, June 22, 2017 Page 3 of 11 From May 22, 2017: Amendment to the Motion to treat NEHMU as R-3 instead of R-2 for the purposes of short-term rentals. The amendment passed 5-0. Commissioner – Chris Mehl: Motion Commissioner – Jeff Krauss: 2nd 06:29:01 PM (00:31:57) Discussion CR Mehl was interested in addressing grandfathering. CR Krauss stated it would hard to write grandfathering in at the dais, but he discussed the different nature of currently operating STRs. He then discussed capping it after a year’s submissions and using a Conditional Use Permit. CR Mehl favors grandfathering for those who are registered and legal. He also favors a density cap. DM Andrus discovered there are 96 tourist homes registered in the county. 56 of them are in the city limits. These should be grandfathered. She asked CR Krauss about ones that could be permitted, which he answered. Mayor Taylor clarified what grandfathering actually is, and who it would generally apply to. He is open to grandfathering in those with a business license and those who have gone through the Health Department. He discussed some variables he was interested in looking at. CR Pomeroy asked the mayor to clarify what grandfathering as discussed means. 06:46:52 PM (00:49:48) City Attorney Clarification City Attorney Sullivan clarified what the City’s current legal and illegal uses are, and the grace period in the proposed ordinance addresses this. 06:50:20 PM (00:53:16) Discussion CR Krauss confirmed the City Attorney’s stated, and clarified his preference is to accommodate those operating now regardless of if it was legal. Mayor Taylor stated his category for grandfathering is much narrower, and described those parameters. DM Andrus wants to use the webcrawler to identify those currently operating. 06:55:40 PM (00:58:36) City Attorney Clarification As to the effective date of the ordinance, they could require evidence prior of use, possibly with a sworn affidavit. The Commission would need to determine the administrative process, and the time period for allowance. 06:57:59 PM (01:00:55) Discussion CR Mehl discussed a number of issues discussed this evening across all districts. CR Pomeroy asked if the City will allow unlicensed owners to come in legally. Mayor Taylor again discussed what he was willing to consider. 07:00:59 PM (01:03:55) Amendment to the Motion to make legal non-conforming those short-term rentals with both a business license and have completed the Health Department “public accommodations” license. 26 Bozeman City Commission Special Meeting DRAFT MINUTES, June 22, 2017 Page 4 of 11 Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:01:26 PM (01:04:22) Discussion CR Mehl discussed who this would apply to. DM Andrus supports this as well, as there are very few. CR Krauss clarified what this motion intends. The Commission discussed in detail. CR Pomeroy asked about the health and fire inspections. City Attorney Sullivan explained the business license requirements and zoning review from the City. Mayor Taylor supports this as it’s a limited number. 07:11:44 PM (01:14:40) Vote on the Amendment to the Motion to make legal non-conforming those short-term rentals that both have a business license and a Health Department “public accommodations” license. The amendment 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 07:12:12 PM (01:15:08) Discussion CR Krauss stated his main change is to allow Type 2 in R-1. 07:13:00 PM (01:15:56) Amendment to the Motion to allow currently operating unauthorized short- term rentals in R-S, R-1, and R-2 to submit an application to register with the City – following a process acceptable to the City Attorney - prior to the effective date of the ordinance, and to then apply within X months for a Conditional Use Permit using the Conditional Use Permit process in the new ordinance to be a legal non-conforming use. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 07:14:42 PM (01:17:38) Discussion CR Krauss asked the City Attorney if anything was missed. Mayor Taylor clarified the process and intent of CR Krauss’s motion. CR Krauss clarified. CR Mehl asked the City Attorney about how to incorporate in the CUP process in the ordinance. CR Pomeroy clarified that this includes all types. She supports the motion. CR Krauss discussed the public purpose of the amendment. CR Mehl asked how this affects future applications and density caps. He is going to oppose this. He is not convinced a CUP is the best option. DM Andrus still wants to bring folks in that haven’t gone through the process. 27 Bozeman City Commission Special Meeting DRAFT MINUTES, June 22, 2017 Page 5 of 11 CR Krauss discussed the necessity of the CUP. Mayor Taylor opposes the motion, as he would never support a non-owner occupied house being an STR in an R-1 or R-2. Staff does not have the resources to do this. 07:33:11 PM (01:36:07) Vote on the Amendment to the Motion to allow currently operating unauthorized short-term rentals in R-S, R-1, and R-2 to submit an application to register with the City – following a process acceptable to the City Attorney - prior to the effective date of the ordinance, and to then apply within X months for a Conditional Use Permit using the Conditional Use Permit process in the new ordinance to be a legal non-conforming use. The amendment passed 3-2. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Disapprove Commissioner - Chris Mehl: Disapprove Commissioner - I-Ho Pomeroy: Approve 07:33:29 PM (01:36:25) City Attorney Clarification City Attorney Sullivan stated that the final motions may change at final adoption to be correct. The Commission discussed and agreed. 07:35:47 PM (01:38:43) Questions of Staff CR Pomeroy asked how the outreach would be implemented. CR Krauss discussed personal responsibility. 07:38:13 PM (01:41:09) Amendment to the Motion to allow Type-2 STRs as a permitted use in R-1 and R-S zoning districts. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:38:44 PM (01:41:40) Discussion CR Pomeroy stated this use is fine. CR Krauss discussed the nature of owner-occupied use. CR Mehl discussed the small area that this effects. He discussed the neighborhood character of R-1. DM Andrus stated the intent of zoning, but has thought of the impact of STRs, and their impact on quality of life. She supports the amendment, as everything should experience the same. Mayor Taylor opposes the amendment. His issue is accountability. He stated this impacts the incentive to rent ADUs long-term. CR Krauss clarified this was permitted. CR Pomeroy asked how this could be enforced. 07:54:03 PM (01:56:59) City Attorney Clarification Assistant City Attorney asked if this also applied to R-S since they are treated the same. 28 Bozeman City Commission Special Meeting DRAFT MINUTES, June 22, 2017 Page 6 of 11 07:55:19 PM (01:58:15) Discussion CR Mehl doesn’t understand why this is allowed considering others discussion. DM Andrus stated that she intends to remove non-owner-occupied. CR Mehl stated then that she would want to vote no on this. Mayor Taylor stated it’s easier to loosen the strings than to tighten. 07:59:02 PM (02:01:58) Vote on the Amendment to the Motion to allow Type-2 STRs as a permitted use in R-1 and R-S zoning districts. The amendment failed 2-3. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Cynthia Andrus: 2nd Deputy Mayor - Cynthia Andrus: Disapprove Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Disapprove Commissioner - Chris Mehl: Disapprove Commissioner - I-Ho Pomeroy: Approve 07:59:23 PM (02:02:19) Amendment to the Motion to eliminate Type-3 STRS as an authorized use in all residential zoning districts. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 07:59:43 PM (02:02:39) Discussion DM Andrus stated that STRs impact quality of life, and non-owner-occupied have a bigger impact. 08:01:51 PM (02:04:47) City Attorney Clarification The City Attorney clarified if this was all zones or just residential. 08:02:32 PM (02:05:28) Discussion The Commission discussed where this was authorized. CR Krauss asked if this recognizes that there will be some grandfathered in. CR Pomeroy stated this also affects affordable housing. CR Mehl understands the intent and agrees with the commercial exception. Mayor Taylor will support as it’s easier to loosen this than tighten it. CR Krauss referred to comments that state “tenants don’t build neighborhoods.” We need to stop stigmatizing renters, as this is wrong. CR Pomeroy asked the mayor why he changed his opinion. 08:12:59 PM (02:15:55) Vote on the Amendment to the Motion to eliminate Type-3 STRS as an authorized use in all residential zoning districts. The amendment passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 29 Bozeman City Commission Special Meeting DRAFT MINUTES, June 22, 2017 Page 7 of 11 Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 08:13:15 PM (02:16:11) Commission Recess The mayor called the Commission into recess until 8:25 PM. 08:26:43 PM (02:29:39) Call to Order Mayor Taylor called the meeting to order at 8:26 PM. 08:27:31 PM (02:30:27) Questions of Staff CR Mehl asked City Attorney Sullivan if the conditions of CUPs must still be followed. He also asked if the CUP would stay with the land or individual. CR Krauss asked if that’s how the grandfathering would be set up. 08:29:46 PM (02:32:42) Discussion CR Mehl stated he wants an overall cap. CR Krauss stated that the fourth amendment this evening acts as a limit. CR Pomeroy agreed with CR Krauss. DM Andrus is interested but is concerned about enforcement. Mayor Taylor stated he’s not interested in creating a race for people coming in. This should really only apply in areas of permitted uses. CR Mehl stated it would have just been Type-2. 08:36:09 PM (02:39:05) Amendment to the Motion for Amendment #2 to apply to all residential zoning districts. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 08:37:16 PM (02:40:12) Discussion CR Krauss stated the associated CUP process. 08:38:41 PM (02:41:37) Vote on the Amendment to the Motion for Amendment #2 to apply to all residential zoning districts. The amendment 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 30 Bozeman City Commission Special Meeting DRAFT MINUTES, June 22, 2017 Page 8 of 11 08:38:57 PM (02:41:53) Discussion CR Mehl asked about the CUP requirement before progressing through amendments. Mayor Taylor discussed his willingness to discuss CUP or process alternatives. CR Mehl asked staff if they recommend a CUP. City Attorney Sullivan and ACM Winn responded. CR Krauss stated that there are some situations that will not have the conditions, which is why this is important. 08:49:43 PM (02:52:39) Amendment to the Motion for Amendment #2 to add “, if necessary,” after “effective date of the ordinance, and.” Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 08:50:06 PM (02:53:02) Discussion CR Mehl agrees this isn’t carte blanche, and it should also be administrative. CR Krauss explained when this could apply and when it wouldn’t. The Commission discussed in detail. 08:54:09 PM (02:57:05) Vote on the Amendment to the Motion for Amendment #2 to add “, if necessary,” after “effective date of the ordinance, and.” The amendment 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 08:54:26 PM (02:57:22) Discussion DM Andrus asked if the bed tax gets included in the business license or the health department, specific to number 1. The Commission discussed the relationship to the previous amendment. CA Sullivan clarified that a business license is required per amendment 1, and detail about requirements the City will need to see in relationship to amendment 2. CR Pomeroy asked about the fees for inspections. ACM Winn explained what is annual and what is initial, and explained in detail. 09:03:32 PM (03:06:28) City Attorney Clarification CA Sullivan reminded the Commission to make findings regarding public comment. He also requested that staff be able to bring this back for provisional adoption at a later date since these are significant issues. 09:04:37 PM (03:07:33) Discussion Mayor Taylor stated that when it comes back, people can protest it, and rule on it at that time. 31 Bozeman City Commission Special Meeting DRAFT MINUTES, June 22, 2017 Page 9 of 11 Currently the requirements for a protest have not been met. He also requested staff to look at Mr. Candler’s language. 09:06:39 PM (03:09:35) Discussion CR Krauss stated that this is the third large meeting on this. This discussion addresses many of the comments. He discussed the health, safety, and welfare concern of his. He also sees the value of protecting R-1 neighborhoods. DM Andrus spoke highly of the process and thinks this is on the right track. CR Pomeroy reiterated she wants all types in all zones, but she compromised. CR Mehl supports the motion. He reiterated the importance of public health and safety. Mayor Taylor discussed the process and the cost issue. He asked staff to consider the fees, staffing, and time limits. The fundamental issue of this discussion is the integrity of the neighborhoods, and safety of the neighborhoods. The enforcement piece will also be an issue. 09:28:30 PM (03:31:26) Vote on the Main Motion as Amended that having reviewed and considered the proposed ordinance, public comment, recommendation from the Zoning Commission, and all the information presented, I hereby adopt the findings presented in the staff report for application 17185 and move to provisionally adopt Ordinance 1974, Amending the Bozeman Municipal Code to Regulate Short Term Rentals. 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 09:28:42 PM (03:31:38) City Attorney Clarification CA Sullivan stated that this will not happen before July 17, 2017 for noticing reasons. 2. 09:29:20 PM (03:32:16) Interim Ordinance 1977, Second Extension of Interim Ordinance 1958, Amending Section 38.08.020 of the Municipal Code to Change the Uses Allowed Within the R-1, R-2, R-S and NEHMU Zoning Districts by Removing Extending Stay Lodgings as a Conditional Use for a Period of Six Months (2/3 Majority of Commission Required) (Winn / Stambaugh)  09:30:07 PM (03:33:03) Staff Presentation CA Sullivan stated the timelines for final adoption and policy implementation. 09:31:08 PM (03:34:04) Public Comment There was no public comment. 09:31:36 PM (03:34:32) Motion that having conducted a public hearing, considered public testimony, and finding insufficient protests have been so far received, and finding the City requires additional time to develop short term rental regulations, I hereby move to adopt Ordinance 1977 extending 32 Bozeman City Commission Special Meeting DRAFT MINUTES, June 22, 2017 Page 10 of 11 Interim Zoning Ordinance 1958 for an additional six-month period or until such time as the City acts to amend the municipal code or reinstate the conditional use, whichever is earlier. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 09:32:08 PM (03:35:04) Discussion CR Mehl stated this need to be continued to be sufficient. CR Krauss stated this was necessary since this wasn’t expected. CR Pomeroy supports the motion. 09:33:53 PM (03:36:49) Vote on the Motion that having conducted a public hearing, considered public testimony, and finding insufficient protests have been so far received, and finding the City requires additional time to develop short term rental regulations, I hereby move to adopt Ordinance 1977 extending Interim Zoning Ordinance 1958 for an additional six-month period or until such time as the City acts to amend the municipal code or reinstate the conditional use, whichever is earlier. 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 D. 09:34:45 PM (03:37:41) Public Comment There was no public comment. F. 09:34:56 PM (03:37:52) FYI/Discussion 1. CR Mehl asked staff to update him on the intersection policy. 2. CR Krauss is seeing delay in projects because of intersection restrictions. He stated his interest is heightened. 3. Mayor Taylor reminded the public of upcoming meetings. G. 09:37:30 PM (03:40:26) Adjournment Mayor Taylor adjourned the meeting at 9:37 PM. ___________________________________ Carson Taylor Mayor 33 Bozeman City Commission Special Meeting DRAFT MINUTES, June 22, 2017 Page 11 of 11 ATTEST: ___________________________________ Robin Crough City Clerk PREPARED BY: ___________________________________ Robin Crough City Clerk Approved on: ___________________________________ 34 Page 1 of 12 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, June 26, 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 (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan, Assistant City Manager (ACM) Anna Rosenberry, City Clerk Robin Crough A. 06:00:32 PM (00:04:15) 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. 06:00:41 PM (00:04:24) Pledge of Allegiance and a Moment of Silence C. 06:01:31 PM (00:05:14) Changes to the Agenda Interim City Manager Taylor added a second public service announcement about fireworks. D. 06:01:57 PM (00:05:40) Public Service Announcements 1. 06:02:01 PM (00:05:44) No City Commission Meeting on July 3, 2017 and Closure of City Offices on July 4, 2017 (Crough) City Clerk Crough notified the Commission and public that the City Commission will not hold their regular meeting on Monday, July 3, 2017 and City Offices will be closed on Tuesday, July 4, 2017. 2. 06:02:24 PM (00:06:07) Independence Day Fire Safety Police Chief Steve Crawford and Deputy Fire Chief Trisha Wolford discussed fire safety and regulations for grilling and fireworks in preparation of the holiday weekend. E. 06:08:56 PM (00:12:39) Consent 35 Bozeman City Commission Meeting DRAFT MINUTES, June 26, 2017 Page 2 of 12 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Authorize the Write-Off of Stale-Dated Accounts Payable Checks and Stale-Dated Miscellaneous Accounts Receivable from the City’s General Accounting Ledger (LaMeres)  3. Approve a Full Liquor License for Hunter’s Corner, of Bozeman, Montana to Sell Liquor at 25 East Mendenhall Street, Suite C (Pitcher)  4. Approve a Beer and Wine License for Whistle Pig LLC, of Bozeman, Montana to Sell Beer and Wine at 25 North Willson Avenue, Suite A (Pitcher)  5. Approve the Final Plat for the Norton East Ranch Phase 3C Major Subdivision, Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman, Authorize the Director of Community Development to Execute the Improvements Agreement on Behalf of the City of Bozeman, and Authorize the Interim City Manager to Execute the Public Access Easement for Common Open Space on Behalf of the City of Bozeman (Quasi-Judicial) (Jadin)  6. Approve the Final Plat for the South University District Phase 2 Minor Subdivision, Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman, Authorize the Director of Community Development to Execute the Improvements Agreement on Behalf of the City of Bozeman, and Authorize the Interim City Manager to Execute the Warranty Deed for Parkland Dedication on Behalf of the City of Bozeman (Quasi-Judicial) (WerBell)  7. Approval of the 2017 - 2019 Sub-Recipient Agreement for the City of Bozeman’s Community Development Block Grant Revolving Loan Fund with the Gallatin Development Corporation, DBA the Prospera Business Network, and Authorize the Interim City Manager to Sign the Agreement (Fontenot)  8. Authorize the Interim City Manager to Sign a Conduit Management and Maintenance Agreement with Bozeman Fiber for Fiscal Year 2018 (Fine)  9. Authorize the Interim City Manager to Sign a Construction Agreement with L&L Site Services Inc. for Demolition Services for Property at 801 North Rouse Avenue (Gray)  10. Authorize the Interim City Manager to Sign a Professional Services Agreement with Tyco- SimplexGrinnell for Annual Sprinkler System Testing and Inspections (Gray)  11. Authorize the Interim City Manager to Sign Task Order Number 2 to the Professional Services Agreement with Leland Consulting Group for a 3D Massing Model for Midtown Marketing (Fine)  12. Authorize the Interim City Manager to Sign the Addendum to the Agreement with CenturyLink Communications, LLC to Change Phone Line Services to Session Initiation Protocol Trunks (McMahan)  13. Authorize the Interim City Manager to Sign Addendum Number 2 to the Professional Services Agreement with DOWL LLC to Provide Right-of-Way Acquisition Services (Hixson)  14. Authorize the Interim City Manager to Sign a Public Access Easement with Bozeman School District #7 for East Lamme Street Adjacent to Hawthorne Elementary School (Hixson)  36 Bozeman City Commission Meeting DRAFT MINUTES, June 26, 2017 Page 3 of 12 15. Authorize the Interim City Manager to Sign a Public Street and Utility Easement with Rosa- Johnson Development, LLC for Annie Street in the Westbrook Subdivision (Kohtz)  16. Authorize the Interim City Manager to Sign a Public Street and Utility Easement and Temporary Storm Water Facility Easement with Bon Ton Inc. for West Graf Street and South 11th Avenue (Kohtz)  17. Authorize the Interim City Manager to Sign a Public Street and Utility Easement and Temporary Storm Water Facility Easement with Bon Ton Inc. for South 11th Avenue and Arnold Street (Kohtz)  18. Authorize the Interim City Manager to Sign a Public Utility and Access Easement and Agreement with Rosa Construction, Inc. for the Rosa Apartments Site Plan Application (Kohtz)  19. Authorize the Interim City Manager to Sign a Utility Easement with Bridger Creek Subdivision Community Association, Inc. for the Links Condominiums Site Plan Application (Kohtz)  20. Authorize the Interim City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement with Bozeman Health Deaconess Hospital for the Bozeman Health Parking Lot Expansion (Kohtz)  21. Authorize the Interim City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement with The Lakes at Valley West, Bozeman, Two, LLC for the Lakes at Valley West Phase 4 (Kohtz)  22. Authorize the Interim City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement, Construction Access Easement and Agreement, and Public Street and Utility Easement with 2B Holdings, LLC for the Cottonwood Corner Apartments Site Plan Application (Kohtz)  23. Resolution 4809, Intent to Modify Special Improvement Lighting District Number 720 for West Winds Subdivision Phases 6-8 (Neibauer / Clark)  24. Formal Cancelation of the July 3, 2017 City Commission Meeting (Crough)  06:09:07 PM (00:12:50) City Manager Overview ICM Taylor presented a brief overview of Consent Items 1-24. 06:12:52 PM (00:16:35) Public Comment There was no public comment. 06:13:08 PM (00:16:51) Motion and Vote to approve Consent Items 1-24 as submitted. 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 37 Bozeman City Commission Meeting DRAFT MINUTES, June 26, 2017 Page 4 of 12 Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve F. 06:13:32 PM (00:17:15) Public Comment 06:14:25 PM (00:18:08) Kevin Hubley, Public Comment Mr. Hubley discussed a proposed office building at Stoneridge Drive. Mr. Hubley discussed the nearby failing intersection and asked the Commission to look at the policy and define what development can fall within half a mile of a failing intersection. CR Krauss asked Mr. Hubley about the timeline for development and discussions with City Planning and Engineering. 06:20:31 PM (00:24:14) Kevin Spencer, Public Comment Mr. Spencer, with Norton East Ranch, discussed the lack of people in the community using the affordable housing ordinance for any benefit. He asked the City to incorporate affordable dwelling into a new plan. He discussed that it’s very difficult for a developer to develop affordable units. 06:24:57 PM (00:28:40) Brian Segel, Public Comment Mr. Segel discussed short-term rentals, and the responsibility of the homeowner. He asked the Commission to change the proposed regulation from presence to responsibility. He also discussed problems with enacting a cap and it preventing his future options. G. 06:28:30 PM (00:32:13) Special Presentation 1. 06:28:35 PM (00:32:18) Introduction of Kristin Donald, Finance Director (Rosenberry) ACM Rosenberry presented the City’s new Finance Director, Kristin Donald. She provided information on Ms. Donald’s background. H. 06:30:27 PM (00:34:10) Action Items 1. 06:30:32 PM (00:34:15) Resolution 4803, Appropriating Funds for Various Budget Units, and Further Estimating Revenue Necessary to Operate and Maintain Services of Municipal Government for the Fiscal Year Ending June 30, 2018 (Rosenberry)  06:31:03 PM (00:34:46) Staff Presentation ACM Rosenberry presented on the final budget for FY18. She discussed the appropriation resolution, taking the City Manager’s recommended budget, and making requested changes. She discussed removed items, and recommended additions. She discussed where the fund balance would end up, and recommended leaving it in the reserve. She also discussed the recommended addition of an Impact Fee or Down Payment assistance appropriation. She noted the final average annual increase would be $81.30. 38 Bozeman City Commission Meeting DRAFT MINUTES, June 26, 2017 Page 5 of 12 06:38:16 PM (00:41:59) Questions of Staff CR Mehl asked about the budget line for possible use for the affordable housing payment assistance proposal. CR Pomeroy asked what the final HRDC number referenced in miscellaneous items actually was, and how many mills were requested. ACM Rosenberry clarified in detail the HRDC request. Mayor Taylor asked what is already incorporated in the budget for HRDC and is it the same as the previous year. CR Pomeroy asked Police Chief Crawford about the request from the Gallatin County Sherriff’s Office. ICM Taylor stated that the proposal is not fully developed yet, and this can be a worked on further in the future. 06:47:35 PM (00:51:18) Public Comment Mayor Taylor opened public comment. 06:47:51 PM (00:51:34) Jeff Rupp, Public Comment Mr. Rupp, with HRDC, requested support for a new mill for HRDC. 06:48:55 PM (00:52:38) Lee Hazelbaker, Public Comment Mr. Hazelbaker, the transportation director for the HRDC, asked if the Commission received the memo with the proposed changes. He clarified that HRDC is requesting two mills for Streamline, part of which for Galavan. 06:50:35 PM (00:54:18) Motion that having reviewed the staff report, made further revisions, considered public comment, and considered all of the information presented, I hereby move to adopt Resolution 4803, Appropriating Funds for Various Budget Units, and Further Estimating Revenue Necessary to Operate and Maintain Services of Municipal Government for the Fiscal Year Ending June 30, 2018. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 06:51:10 PM (00:54:53) Amendment to the Motion to accept the recommendations for the deletions in the General Fund budget as presented by staff, and accept the two additions as presented by staff. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 06:51:24 PM (00:55:07) Discussion CR Mehl stated on the record the deletions and additions from the legislative history. 06:52:13 PM (00:55:56) Vote on the Amendment to the Motion to accept the recommendations for the deletions in the General Fund budget as presented by staff, and accept the two additions as presented by staff. The amendment passed 5-0. 39 Bozeman City Commission Meeting DRAFT MINUTES, June 26, 2017 Page 6 of 12 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 06:52:30 PM (00:56:13) Amendment to the Motion to add $4,440 to the band budget. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 06:52:36 PM (00:56:19) Discussion CR Mehl discussed the addition of the allocation for the band. CR Pomeroy agreed that the increase is justified. DM Andrus also supports this as it’s related to the strategic plan. CR Krauss supports the amendment. Mayor Taylor also supports the amendment. 06:54:54 PM (00:58:37) Vote on the Amendment to the Motion to add $4,440 to the band budget. The amendment 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 06:55:14 PM (00:58:56) Amendment to the Motion to add $40,000 for HRDC’s Streamline bus system. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Cynthia Andrus: 2nd 06:55:44 PM (00:59:27) Discussion CR Pomeroy stated that more people are using the bus system, so this increase is needed. DM Andrus would support leaving HRDC at their mill and a half. She stated she’s not sure this is a place where additional funding is needed. CR Krauss stated he is also voting no, considering the work ICM Taylor did to make this a tight budget. CR Mehl is open to reconsidering this later after the affordable housing discussion. Mayor Taylor stated that this budget does not reflect a general increase, and if the tax base is higher later he will consider it at that time. 40 Bozeman City Commission Meeting DRAFT MINUTES, June 26, 2017 Page 7 of 12 07:01:05 PM (01:04:48) Vote on the Amendment to the Motion to add $40,000 for HRDC’s Streamline bus system. The amendment failed 1-4. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Cynthia Andrus: 2nd Deputy Mayor - Cynthia Andrus: Disapprove Commissioner - Jeff Krauss: Disapprove Mayor - Carson Taylor: Disapprove Commissioner - Chris Mehl: Disapprove Commissioner - I-Ho Pomeroy: Approve 07:01:22 PM (01:05:05) Amendment to the Motion to remove $50,000 from the contingency fund and put that money, along with the current $41,560 balance into the reserve earmarked for the HRDC’s request for support. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 07:02:40 PM (01:06:23) Discussion CR Krauss related the request to the strategic plan. He discussed a more general HRDC allowance, not specifically for transportation. He’d consider “unreserving” the reserve once a proposal is received. CR Mehl supports the intent, but he asked if he would want to add $1,355 to hit an exact mill. 07:07:17 PM (01:11:00) Friendly Amendment to take $1,355 out of the reserve to make an even mill. 07:08:07 PM (01:11:50) Discussion Continued Mayor Taylor asked if the mill amount turns out to be slightly different. ACM Rosenberry detailed the process and stated she needed an actual dollar appropriation. CR Mehl removed the friendly amendment. He discussed the need, but requested clarity among the five Commissioners. CR Pomeroy clarified the mill level. DM Andrus supports the amendment, as long as there is detailed information on how the money will be spent. Her understanding was this includes the $14,400. Mayor Taylor stated his preference is to take the money out of the reserve versus the contingency. 07:16:52 PM (01:20:35) Amendment to the Amendment to the Motion to reduce the amount by $14,000. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 07:17:18 PM (01:21:01) Discussion CR Mehl discussed the intent of the amendment. ACM Rosenberry clarified which account this comes out of. 41 Bozeman City Commission Meeting DRAFT MINUTES, June 26, 2017 Page 8 of 12 07:18:51 PM (01:22:34) Vote on the Amendment to the Amendment to the Motion to reduce the amount by $14,000. The amendment to the amendment 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 07:19:23 PM (01:23:06) Amendment to the Motion as Amended to remove $50,000 from the contingency fund and put that money, along with the current $41,560 balance into the reserve earmarked for the HRDC’s request for support, reducing the amount by $14,000. The amendment 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 07:19:46 PM (01:23:29) Amendment to the Motion to instruct staff and the Cemetery Advisory Board to come back by the end of the calendar year with a plan for significant increases in cemetery fees. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 07:20:08 PM (01:23:51) Discussion CR Mehl stated the intent of this amendment is to solicit input from staff and the board. CR Krauss stated the cemetery is a valuable operation, but it is expensive. DM Andrus thinks this is a conversation worth having. Mayor Taylor also supports the amendment. 07:24:29 PM (01:28:12) Vote on the Amendment to the Motion to instruct staff and the Cemetery Advisory Board to come back by the end of the calendar year with a plan for significant increases in cemetery fees. The amendment passed 5-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve 42 Bozeman City Commission Meeting DRAFT MINUTES, June 26, 2017 Page 9 of 12 Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 07:24:51 PM (01:28:34) Discussion DM Andrus discussed increasing the Commission travel budget from $2,000 to $5,000 for travel in the legislative interim. 07:26:18 PM (01:30:01) Amendment to the Motion to increase the commission travel budget an additional $3,000, to $5,000 total, for the Legislative Interim. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 07:26:28 PM (01:30:11) Discussion CR Mehl sees the wisdom in this. 07:27:19 PM (01:31:02) Vote on the Amendment to the Motion to increase the commission travel budget an additional $3,000, to $5,000 total, for the Legislative Interim. The amendment 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 07:27:53 PM (01:31:36) Amendment to the Motion to put the $200,000 appropriation in the Community Housing Fund. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 07:28:09 PM (01:31:52) Discussion CR Mehl referenced the discussion of this in the staff memo. 07:28:27 PM (01:32:10) Vote on the Amendment to the Motion to put the $200,000 appropriation in the Community Housing Fund. The amendment passed 5-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve 43 Bozeman City Commission Meeting DRAFT MINUTES, June 26, 2017 Page 10 of 12 Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 07:29:17 PM (01:33:00) Amendment to the Motion and Vote to remove the Forestry Assessment from the main motion. The amendment passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Recused Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 07:30:18 PM (01:34:01) Discussion on Main Motion minus the Forestry Assessment CR Mehl discussed the majority of the budget is infrastructure, and approves of the budget. He also discussed holding the line on property taxes. He noted the lack of public comment on the budget, and hopes the public can be more involved. He is interested in further discussion on HRDC in August. He is also interested in Parks staffing. CR Pomeroy stated that she is glad they designated funds towards HRDC. She stated she hopes that affordable housing can become a solvable problem. DM Andrus supports the budget. The increases support the strategic plan. She thanked ICM Taylor’s thoughtfulness. CR Krauss stated he will be supporting this budget. He thanked ACM Rosenberry for her work. He also thanked ICM Taylor, for preparing a budget endorsed by this Commission. He thanked all staff for preparing a responsible budget. Mayor Taylor stated that the City has now created enough funds to continue to maintain infrastructure and operations. He discussed the art of budgeting. Bozeman is in a good, sustainable place, and he asked that this not change in the future. He discussed the fact that this is in part an estimate at this point in the year, and there can be some reconsidering in August. He discussed upcoming federal cuts to municipal agencies. 07:48:16 PM (01:51:59) Vote on the Main Motion as Amendment, minus the Forestry Assessment that having reviewed the staff report, made further revisions, considered public comment, and considered all of the information presented, I hereby move to adopt Resolution 4803, Appropriating Funds for Various Budget Units, and Further Estimating Revenue Necessary to Operate and Maintain Services of Municipal Government for the Fiscal Year Ending June 30, 2018. 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 44 Bozeman City Commission Meeting DRAFT MINUTES, June 26, 2017 Page 11 of 12 Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 07:48:33 PM (01:52:16) CR Krauss Excused CR Krauss excused himself from the Forestry Assessment vote due to family in the department. 07:48:39 PM (01:52:22) Motion to approve remaining Forestry section of the budget. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 07:48:47 PM (01:52:30) Discussion CR Mehl discussed the ethics of this separation. Mayor Taylor discussed preparing for the emerald ash borer. 07:49:44 PM (01:53:27) Vote on the Motion to approve remaining Forestry section of the budget. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Recused Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 2. 07:49:58 PM (01:53:41) Appointment(s) to the Bozeman Area Bicycle Advisory Board (BABAB) (Crough)  07:50:14 PM (01:53:57) Motion and Vote to appoint Elise Cranmer as the MSU Student Representative with a term expiring December 31, 2017 [to the Bozeman Area Bicycle Advisory Board]. 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 07:50:53 PM (01:54:36) Discussion Mayor Taylor noted that he is going to hold for a few weeks on the other position to consider previous applicants. 45 Bozeman City Commission Meeting DRAFT MINUTES, June 26, 2017 Page 12 of 12 I. 07:51:20 PM (01:55:03) FYI/Discussion 1. CR Krauss discussed the earlier public comment regarding the moratorium on building near failing intersections. He would like a recommendation from the staff on how to address the larger picture quickly. CR Mehl is also interested in input from staff. DM Andrus and CR Pomeroy agreed. 2. Mayor Taylor noted that ICM Taylor will be gone through July 17, 2017. ACM Rosenberry will be Acting City Manager from July 3 – July 17. 3. DM Andrus and Mayor Taylor noted that they will also be out of town next week. J. 07:57:00 PM (02:00:43) Adjournment Mayor Taylor adjourned the meeting at 7:57 PM. ___________________________________ Carson Taylor Mayor ATTEST: ___________________________________ Robin Crough City Clerk PREPARED BY: ___________________________________ Robin Crough City Clerk Approved on: ___________________________________ 46 Page 1 of 13 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, July 10, 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: Acting/Assistant City Manager (ACM) Anna Rosenberry, City Attorney (CA) Greg Sullivan, Assistant City Attorney (ACA) Karen Stambaugh, Assistant City Manager (ACA) Chuck Winn, City Clerk Robin Crough A. 06:00:57 PM (00:03:38) 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. 06:01:11 PM (00:03:52) Pledge of Allegiance and a Moment of Silence C. 06:02:06 PM (00:04:47) Changes to the Agenda There were no changes to the agenda. D. 06:02:13 PM (00:04:54) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Lakes at Valley West Phase 4 Preliminary Planned Unit Development Findings of Fact and Order, Application 17150 (Quasi-Judicial) (Saunders)  3. Lakes at Valley West Phase 4 Major Subdivision Preliminary Plat Findings of Fact and Order, Application 17149 (Quasi-Judicial) (Saunders)  4. Authorize the Acting City Manager to Sign a Memorandum of Agreement with Baxter Meadows Master Community Association, Inc. Covering the Terms and Conditions of Restoration for the Installation of a Storm Water Pond (Murray)  5. Authorize the Acting City Manager to Sign a Professional Services Agreement with EsGil Corporation to Provide Professional Third Party Plan Review of Building Plans Submitted to the Building Division for Plan Review on an “As Needed” Basis (Risk)  47 Bozeman City Commission Meeting DRAFT MINUTES, July 10, 2017 Page 2 of 13 6. Authorize the Acting City Manager to Sign a Professional Services Agreement with Architecture 118 for the Story Mill Park Community Center Renovation Project (Poissant)  7. Authorize the Acting City Manager to Sign Amendment Number 1 to the License Agreement with The Trust for Public Land for the Use of City Property at the Story Mill Community Park (Poissant)  8. Authorize the Acting City Manager to Sign Amendment Number 3 to the Professional Services Agreement with Robert Peccia and Associates Adding Design Phase Services for the Durston and Ferguson Roundabout for the Durston and Cottonwood Roads Improvements Project (Murray)  9. Ratify the Interim City Manager's Signature on the Second Addendum to the Professional Services Agreement with Montana Building Maintenance for Janitorial Services at the City Shops Complex and Laurel Glenn (Gray)  10. Ratify the Interim City Manager's Signature on the Second Addendum to the Professional Services Agreement with Dust Bunnies Cleaning Services for Janitorial Services at City Hall, the Alfred M. Stiff Professional Building, Bozeman Public Library, Senior Center, Fire Station #1, Vehicle Maintenance, HRDC Barn, Water Reclamation Facility, and Water Treatment Plant (Gray)  06:02:21 PM (00:05:02) City Manager Overview ACM Rosenberry provided a brief overview of Consent Items 1-10. 06:05:23 PM (00:08:04) Public Comment There was no public comment. 06:05:44 PM (00:08:25) Motion and Vote to approve Consent Items 1-10 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. 06:06:02 PM (00:08:43) Public Comment 06:07:32 PM (00:10:13) Tom Tursech, Public Comment Mr. Tursech requested a dedicated facility for pickleball in the Bozeman area. Mr. Tursech spoke of the popularity of pickleball. 48 Bozeman City Commission Meeting DRAFT MINUTES, July 10, 2017 Page 3 of 13 06:10:53 PM (00:13:34) Daniel Peterson, Public Comment Mr. Peterson spoke of the popularity of pickleball with seniors. He affirmed the previous comment of needing a court. 06:12:19 PM (00:15:00) Mary Kennerty, Public Comment Ms. Kennerty spoke of the pickleball community, and the leadership values of participants. 06:14:17 PM (00:16:58) Sue Olsen, Public Comment Ms. Olsen stated she was a national pickleball ambassador. She spoke accolades of City staff. 06:15:55 PM (00:18:36) Ray Herdina, Public Comment Mr. Herdina thanked the Commission for their increased funding to the Bozeman Municipal Park Band. He distributed a thank you card from the band. 06:17:10 PM (00:19:51) Randy Peters, Public Comment Mr. Peters spoke of the difficulty in finding affordable housing. He stated that he did not agree that multi-unit buildings are not held to the same requirements, specifically Black Olive. 06:19:50 PM (00:22:31) Brian Popiel, Public Comment Mr. Popiel, representing SWMBIA, noted that he was available tonight to answer any questions relating to the special presentation this evening. 06:20:38 PM (00:23:19) Brian Gallick, Public Comment Mr. Gallick discussed Resolution 4598, specific to Black Olive. He discussed historic preservation, neighborhoods, and infill. He also discussed that no reason for approval of the North Grand project was given with the notice. He stated that the process for adopting the resolution was not taken. 06:28:09 PM (00:30:50) Page Carney, Public Comment Ms. Carney discussed the popularity of pickleball. F. 06:30:26 PM (00:33:07) Special Presentation 1. 06:31:28 PM (00:34:09) Update on Inclusionary Zoning, Ordinance 1954 (Matsen)  06:31:41 PM (00:34:22) Staff Presentation Community Development Director Marty Matsen discussed Ordinance 1954, and the deadline when affordable housing regulations went mandatory. He discussed the qualifications for a “lower-priced home” and the requirement of 4. He discussed the qualifications for a “moderate-priced home” and the requirement of 10. Mr. Matsen stated his office has no indication of the four lower-priced homes. He stated it is opinion that the ten moderately-priced homes requirement has also not been met. 49 Bozeman City Commission Meeting DRAFT MINUTES, July 10, 2017 Page 4 of 13 06:40:39 PM (00:43:20) Questions of Staff Cr. Krauss asked if the four low-income were the reason the ordinance wasn’t met. Mr. Matsen explained the role of HRDC in helping satisfy the requirement. He also asked CA Sullivan about the requirement of disclosing purchase price and state statute. He asked about the exclusion of condos in the requirement, and condos were discussed in detail. He asked if the voluntary program was staffed/resourced to actually work. Cr. Mehl asked about the timeline for upcoming affordable housing discussions. Mayor Taylor asked if Mr. Matsen would be providing recommendations at the next discussion. Cr. Pomeroy asked if anyone else would be involved in next week’s discussion. She asked Mr. Matsen if the incentives were working, and why not. Cr. Mehl asked if the 10% affordable housing requirement could have been met, and requested numbers for the next meeting. He asked if any builders have spoken with HRDC. He asked what the upcoming options and their timelines could be. Mayor Taylor asked about Community Development’s dissemination of information about the deadline to developers. Cr. Krauss asked about how many subdivisions would have submitted if this didn’t hit. CA Sullivan responded. Mayor Taylor asked if we know about first-time buyer rates of these units. Cr. Krauss asked if buyer/renter data would be available. ACA Stambaugh discussed the implementation instructions adopted within the Affordable Housing Manual, adopted by the Commission in February 2016. 07:20:13 PM (01:22:54) Public Comment Mayor Taylor opened public comment. 07:20:27 PM (01:23:08) Kevin Thane, Public Comment Mr. Thane stated that he hopes CAHAB is involved with the Commission discussion next week. He discussed CAHAB’s recommendation for affordable housing. 07:23:24 PM (01:26:05) Julian Morris, Public Comment Mr. Morris requested the Commission to stay the ordinance from taking effect on Wednesday, expressing concerns with condos. He does not believe the current program will work. He discussed Boulder’s affordable housing ordinance. 07:26:58 PM (01:29:39) Will Bayless, Public Comment Mr. Bayless stated he doesn’t see why the City should or can regulate affordable housing. 07:29:19 PM (01:32:00) Anders Lewendal, Public Comment Mr. Lewendal, a member of CAHAB, stated that the City should be asking builders or realtors for information on affordable housing. 07:33:14 PM (01:35:55) Brian Popiel, Public Comment 50 Bozeman City Commission Meeting DRAFT MINUTES, July 10, 2017 Page 5 of 13 Mr. Popiel stated that six homes on SWMBIA’s list hit the affordable housing price points. 07:34:31 PM (01:37:12) Daryl Seymour, Public Comment Mr. Seymour stated the intent of the ordinance was met, builders just didn’t want to go through the bureaucracy. 07:37:39 PM (01:40:20) Recess The Commission went into recess until 7:45 PM. 07:52:27 PM (01:55:08) Call to Order Mayor Taylor called the meeting back to order at 7:52 PM. G. 07:52:35 PM (01:55:16) Action Items 1. 07:52:39 PM (01:55:20) HRDC's Beall Street Minor Subdivision Preliminary Plat, Located at 214 North 24th Avenue, Application 17246 (Quasi-Judicial) (WerBell)  07:52:53 PM (01:55:34) Staff Presentation Associate Planner Mitch WerBell entered his staff report into the record. Mr. WerBell discussed the affordable housing aspect of the subdivision, and incentives were requested. He noted there was no public comment. DRC and staff recommend approval. 07:59:31 PM (02:02:12) Questions of Staff Cr. Mehl asked about the size of the two homes being proposed. 08:02:09 PM (02:04:50) Applicant Presentation Brian Guyer, Community Development Manager with HRDC, discussed the motivation for the project. He discussed the land trust. He stated HRDC was comfortable with the conditions. 08:04:33 PM (02:07:14) Questions of Applicant DM Andrus asked what the plan would be if the manual amendments don’t pass. Susan Riggs stated that the units would need to be redesigned. Cr. Mehl asked for feedback on affordable housing in general, as well as this process in particular. 08:08:07 PM (02:10:48) Public Comment Mayor Taylor opened public comment. 08:08:16 PM (02:10:57) Paul Chrisnaught, Public Comment Mr. Chrisnaught represents a housing association across the street. He does not support the development as it doesn’t conform with the area. 51 Bozeman City Commission Meeting DRAFT MINUTES, July 10, 2017 Page 6 of 13 08:10:22 PM (02:13:03) Val York, Public Comment Mr. York lives across the street, and has an objection to putting two small houses on such a small lot. He is also concerned with traffic. 08:14:58 PM (02:17:39) Will Bayless, Public Comment Mr. Bayless stated HRDC’s request was ironic considering the affordable housing discussion earlier. 08:16:30 PM (02:19:11) Michelle Oslin, Public Comment Ms. Oslin stated that she didn’t get a letter from Planning. She stated she was never given a chance for public comment. She stated she doesn’t approve of this socialism. 08:20:04 PM (02:22:45) Duane Birkenthas, Public Comment Mr. Birkenthas lives in the neighborhood, and discussed that traffic on the street. 08:22:53 PM (02:25:34) John Bees, Public Comment Mr. Bees lives next door. He stated he wished the house would look like the other houses on the block. 08:24:34 PM (02:27:15) Peggy Tombrey, Public Comment Ms. Tombrey lives on the street, the difficulty of reading the notice, and her disappointment with HRDC for not sending nearby residents the proposal. 08:27:32 PM (02:30:13) Kevin Thane, Public Comment Mr. Thane supports the project since it’s innovative. 08:28:27 PM (02:31:08) Brian Popiel, Public Comment Mr. Popiel stated this is the type of proposal the Commission should look at, but the market doesn’t allow for these type of projects. 08:30:52 PM (02:33:33) Matt Saparito, Public Comment Mr. Saparito supports the innovative nature of the project. 08:31:58 PM (02:34:39) Applicant Rebuttal Susan Riggs responded that these will be single family homes. She stated this is just a subdivision application. 08:33:05 PM (02:35:46) Questions of Staff DM Andrus asked Mr. WerBell about the zoning of the lot, which was R-3. She also asked about story requirements, or what other types of buildings could be built in R-3. Cr. Mehl asked about the driveway issue. The engineers have stated the drive access does meet code requirements. He asked about the stop sign and the public comment regarding a missed mailing. Cr. Krauss asked how the turned lot can affect the neighbors. Mayor Taylor asked if the plan will come back before the Commission. 52 Bozeman City Commission Meeting DRAFT MINUTES, July 10, 2017 Page 7 of 13 08:40:44 PM (02:43:25) 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 17246 and move to approve HRDC’s Beall Street Minor Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 08:41:07 PM (02:43:48) Discussion Cr. Mehl stated the importance of public comment, and that they take it seriously. He supports the application. Cr. Pomeroy stated the city needs more housing supply, especially affordable housing. Cr. Krauss is ambivalent considering the flipping on the lot. He discussed the expectation of zoning, and of what should happen to vacant lots. He doesn’t support HRDC testing their own process. DM Andrus stated this isn’t a change of rules, but an implementation of the affordable housing ordinance. She stated this community should be welcoming, and the idea that tiny houses will destroy a neighborhood is silly. She fully supports the application. She stated she’d like to look at this again. Mayor Taylor discussed public comment and that future residents can’t be predicted. 09:00:12 PM (03:02:53) Vote on the Motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for Application 17246 and move to approve HRDC’s Beall Street Minor Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. The motion passed 4-1. 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: Approve 2. 09:00:29 PM (03:03:10) Resolution 4800, Modification of Special Improvement Lighting District (SILD) Number 730 for Flanders Mill Subdivision Phases 1-7 (Rosenberry)  09:01:34 PM (03:04:15) Staff Presentation ACM Rosenberry discussed the changes to the current SILD 730. She displayed a detailed map of the district. She discussed the assessment. No protests were received. 09:04:35 PM (03:07:16) Public Comment There was no public comment. 53 Bozeman City Commission Meeting DRAFT MINUTES, July 10, 2017 Page 8 of 13 09:04:56 PM (03:07:36) Motion to adopt Resolution 4800, Modification of Special Improvement Lighting District Number 730 for Flanders Mill Subdivision Phases 1-7. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 09:05:13 PM (03:07:54) Discussion Cr. Pomeroy supports the motion. Cr. Krauss stated this modification makes sense. Mayor Taylor appreciated that the City is using LED lights. 09:06:34 PM (03:09:15) Vote on the Motion to adopt Resolution 4800, Modification of Special Improvement Lighting District Number 730 for Flanders Mill Subdivision Phases 1-7. 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. 09:16:16 PM (03:18:57) Resolution 4802, Acceptance of Donation of Real Property from The Trust for Public Land for the Story Mill Community Park (Poissant)  09:16:31 PM (03:19:12) Staff Presentation Carolyn Poissant, TOPs Manager, presented on the Story Mill Community Park, and the donation from The Trust for Public Land of the site of the former Boys & Girls Club. She discussed the park and facilities in general. She noted some improvements needed for the building before use. Dick Dolan with The Trust for Public Land thanked the Commission. 09:22:32 PM (03:25:13) Public Comment There was no public comment. 09:22:40 PM (03:25:21) Motion that having considered all public input and information presented, I hereby move to adopt Resolution 4802, authorizing the City to accept a donation of real property and improvements located at 600 Bridger Drive from The Trust for Public Land contingent upon the satisfaction or waiver of conditions contained in the Real Estate Conveyance Agreement, and authorize the City Manager to execute the Real Estate Conveyance Agreement and such other documents as may be necessary to effectuate the transfer as contemplated by the Agreement. 54 Bozeman City Commission Meeting DRAFT MINUTES, July 10, 2017 Page 9 of 13 Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd 09:23:17 PM (03:25:58) Discussion Cr. Krauss thanked TPL for making this happen. DM Andrus also thanked TPL. Cr. Mehl stated that the TOPs bond has been leveraged very effectively. Cr. Pomeroy thanked TPL. Mayor Taylor discussed the minor history of the land and the future community impact of the park. 09:27:21 PM (03:30:02) Vote on the Motion that having considered all public input and information presented, I hereby move to adopt Resolution 4802, authorizing the City to accept a donation of real property and improvements located at 600 Bridger Drive from The Trust for Public Land contingent upon the satisfaction or waiver of conditions contained in the Real Estate Conveyance Agreement, and authorize the City Manager to execute the Real Estate Conveyance Agreement and such other documents as may be necessary to effectuate the transfer as contemplated by the Agreement. 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 4. 09:10:22 PM (03:13:03) Appointment to the Bozeman Beautification Advisory Board (BBAB) (Crough)  09:10:39 PM (03:13:20) Motion to appoint Judith Locker to the Bozeman Beautification Advisory Board with an updated term of June 30, 2020. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 09:11:01 PM (03:13:42) Public Comment There was no public comment. 09:11:05 PM (03:13:46) Vote on the Motion to appoint Judith Locker to the Bozeman Beautification Advisory Board with an updated term of June 30, 2020. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Deputy Mayor - Cynthia Andrus: Approve 55 Bozeman City Commission Meeting DRAFT MINUTES, July 10, 2017 Page 10 of 13 Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 5. 09:11:19 PM (03:14:00) Appointments to the Bozeman Downtown Business Improvement District Board (BDBID) (Crough)  09:11:48 PM (03:14:29) Motion to appoint Jolee Barry and Ileana Indreland to the Bozeman Downtown Business Improvement District Board [with updated terms of June 30, 2021]. Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd 09:11:59 PM (03:14:40) Public Comment There was no public comment. 09:12:02 PM (03:14:43) Vote on the Motion to appoint Jolee Barry and Ileana Indreland to the Bozeman Downtown Business Improvement District Board [with updated terms of June 30, 2021]. 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 6. 09:12:13 PM (03:14:54) Appointments to the Bozeman Historic Preservation Advisory Board (BHPAB) (Crough)  09:12:24 PM (03:15:05) Motion to appoint up Jeanne Wilkinson as the Bozeman historic district resident or owner with a term ending June 30, 2019, Eric Karshner as the professional meeting the Secretary of Interior’s Professional Qualification Standards with a term ending June 30, 2018, Victoria York as the at-large representative with a term ending June 30, 2018, and Crystal Alegria as the at- large representative with a term ending June 30, 2019 [to the Bozeman Historic Preservation Advisory Board]. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 09:13:37 PM (03:16:18) Public Comment There was no public comment. 56 Bozeman City Commission Meeting DRAFT MINUTES, July 10, 2017 Page 11 of 13 09:13:41 PM (03:16:22) Vote on the Motion to appoint up Jeanne Wilkinson as the Bozeman historic district resident or owner with a term ending June 30, 2019, Eric Karshner as the professional meeting the Secretary of Interior’s Professional Qualification Standards with a term ending June 30, 2018, Victoria York as the at-large representative with a term ending June 30, 2018, and Crystal Alegria as the at-large representative with a term ending June 30, 2019 [to the Bozeman Historic Preservation Advisory Board]. 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 7. 09:13:52 PM (03:16:33) Appointment to the Bozeman Parking Commission (Crough)  09:13:54 PM (03:16:35) Discussion Mayor Taylor noted his preference of a mayoral appointment of James Ness. 09:14:33 PM (03:17:14) Motion to confirm the mayoral appointment of James Ness to the Bozeman Parking Commission to a position expiring on June 30, 2021. Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd 09:14:46 PM (03:17:27) Public Comment There was no public comment. 09:14:51 PM (03:17:32) Vote on the Motion to confirm the mayoral appointment of James Ness to the Bozeman Parking Commission to a position expiring on June 30, 2021. 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 8. 09:15:07 PM (03:17:48) Appointment to the Library Board of Trustees (Crough)  09:15:14 PM (03:17:55) Discussion Mayor Taylor noted his preference of a mayoral appointment of John Gallagher. 57 Bozeman City Commission Meeting DRAFT MINUTES, July 10, 2017 Page 12 of 13 09:15:13 PM (03:17:54) Motion to appoint John Gallagher to the Library Board of Trustees with an updated term of June 30, 2022. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 09:15:33 PM (03:18:14) Public Comment There was no public comment. 09:15:38 PM (03:18:19) Vote on the Motion to appoint John Gallagher to the Library Board of Trustees with an updated term of June 30, 2022. 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 H. 09:27:34 PM (03:30:15) FYI/Discussion 1. Cr. Krauss asked about the Durston/Ferguson roundabout. 2. Cr. Krauss asked for a disaster plan for large, historic buildings in the city. ACM Winn stated that there is a disaster plan, but what needs to be done is to ensure the assistance agreements are in place. 3. Cr. Mehl stated that tomorrow from 3-5 at the County Courthouse, the Triangle Coordinating Committee will be meeting. 4. Cr. Mehl stated that the Planning Board is meeting tomorrow night to discuss the UDO. 5. Cr. Mehl reminded staff of the desire to discuss the building moratorium around failing intersections. 6. ACM Rosenberry stated that Tim Burton with MLCT wanted to remind the Commission of an upcoming regional meeting. 7. Mayor Taylor asked if there are any upcoming Thursday meetings. ACM Rosenberry responded no. I. 09:35:59 PM (03:38:40) Adjournment Mayor Taylor adjourned the meeting at 9:36 PM. ___________________________________ 58 Bozeman City Commission Meeting DRAFT MINUTES, July 10, 2017 Page 13 of 13 Carson Taylor Mayor ATTEST: ___________________________________ Robin Crough City Clerk PREPARED BY: ___________________________________ Robin Crough City Clerk Approved on: ___________________________________ 59 Page 1 of 9 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, July 17, 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: Acting/Assistant City Manager (ACM) Anna Rosenberry, City Attorney (CA) Greg Sullivan, Community Development Director (CDD) Martin Matsen, City Clerk Robin Crough A. 06:00:24 PM (00:04:21) 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. 06:00:36 PM (00:04:33) Pledge of Allegiance and a Moment of Silence C. 06:01:27 PM (00:05:24) Changes to the Agenda There were no changes to the agenda. D. 06:01:32 PM (00:05:29) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Authorize the Acting City Manager to Sign Amendment Number 3 to Task Order Number 3 with DOWL for Right of Way Acquisition for the North 7th Avenue Lighting and Streetscape Project (Fine)  06:01:37 PM (00:05:34) City Manager Overview Acting City Manager Rosenberry provided a brief overview of Consent Items 1-2. 06:02:38 PM (00:06:35) Public Comment There was no public comment. 06:02:51 PM (00:06:48) Motion and Vote to approve Consent Items 1-2 as submitted. The motion passed 5-0. 60 Bozeman City Commission Meeting DRAFT MINUTES, July 17, 2017 Page 2 of 9 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. 06:03:08 PM (00:07:05) Public Comment Mayor Taylor opened public comment. 06:04:46 PM (00:08:43) Tammy Mingy, Public Comment Ms. Mingy lives in the Bon Ton district, stated she was concerned about a poll on the Next Door app about Accessory Dwelling Units. There was a lot of misinformation about detached ADUs in the historical neighborhoods. F. 06:08:31 PM (00:12:28) Action Items 1. 06:08:33 PM (00:12:30) Unified Development Code (UDC) Update Public Hearing Cancellation (Rogers)  06:08:51 PM (00:12:48) Staff Presentation Policy and Planning Manager Chris Saunders explained the cancellation of tonight’s hearing, and new dates will be set at the end of this agenda. 2. 06:09:41 PM (00:13:38) Resolution 4830, Oak Meadows Park Master Plan Amendment (Poissant)  06:10:00 PM (00:13:57) Staff Presentation Carolyn Poissant, TOPs Manager, presented on the Oak Meadows Park Master Plan amendment. 06:13:48 PM (00:17:45) Questions of Staff DM Andrus asked the reason why the building of the park has taken close to three years, and why there was a change in the design. Cr. Krauss asked about the public input process. 06:18:06 PM (00:22:03) Public Comment There was no public comment. 61 Bozeman City Commission Meeting DRAFT MINUTES, July 17, 2017 Page 3 of 9 06:18:30 PM (00:22:27) Motion that in consideration of all public input and materials presented by staff to date, I hereby adopt Resolution 4830 adopting the amended master plan for Oak Meadows Park, in accordance with the Bozeman Municipal Code Section 26.02.220. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 06:18:49 PM (00:22:46) Discussion Cr. Mehl is satisfied with the answers to Commission questions and supports the resolution. Cr. Pomeroy discussed the cash-in-lieu and the improvements are the right thing to do. Cr. Krauss discussed the trade of cash-in-lieu, and the importance of involving the public in these decisions since it is a city park. Mayor Taylor supports the motion, and agreed with Cr. Krauss. 06:22:41 PM (00:26:38) Vote on the Motion that in consideration of all public input and materials presented by staff to date, I hereby adopt Resolution 4830 adopting the amended master plan for Oak Meadows Park, in accordance with the Bozeman Municipal Code Section 26.02.220. 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 3. 06:23:12 PM (00:27:09) Resolution 4831, Allocation of Cash-in-lieu of Parkland Dedication Funds to the Oak Meadows Park Improvements Project (Poissant)  06:23:25 PM (00:27:22) Staff Presentation Carolyn Poissant discussed the purpose of cash-in-lieu and the development process. 06:24:59 PM (00:28:56) Questions of Staff Cr. Pomeroy asked if the City is paying money, but the HOA is aiding? Cr. Krauss asked if the cash-in-lieu policy has been updated since 2007. 06:26:42 PM (00:30:39) Public Comment There was no public comment. 06:26:56 PM (00:30:53) Motion that in consideration of all public input and materials presented by staff to date, I hereby adopt Resolution 4831 allocating $102,600 from the cash-in-lieu of parkland dedication fund account for construction of improvements in Oak Meadows Park. 62 Bozeman City Commission Meeting DRAFT MINUTES, July 17, 2017 Page 4 of 9 Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 06:27:16 PM (00:31:13) Discussion Cr. Mehl stated there was an appropriate balance here. Cr. Pomeroy supports the motion. Cr. Krauss discussed the cash-in-lieu of parkland in HOA parks, and discussed the intention. DM Andrus noted that there are neighbors willing to build this park and supports the motion. Mayor Taylor supports the motion. He discussed cash-in-lieu in general. Ms. Poissant stated the PROST Plan calls for development in the vicinity. 06:34:18 PM (00:38:15) Vote on the Motion that in consideration of all public input and materials presented by staff to date, I hereby adopt Resolution 4831 allocating $102,600 from the cash-in-lieu of parkland dedication fund account for construction of improvements in Oak Meadows Park. 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 4. 06:34:33 PM (00:38:30) Affordable Housing Discussion (Matsen)  06:35:29 PM (00:39:26) Staff Presentation Tracy Menuez with HRDC presented a broad background on the affordable housing issue. She defined affordable, discussed the housing continuum, and discussed HRDC’s 2012-2016 activities. Community Development Director Marty Matsen discussed the housing continuum further, specifically the assisted ownership section. He discussed the number of new housing units. He discussed the current ordinance in detail, and recommended removing condominiums from the ordinance. He discussed the next steps, including retooling the Affordable Housing Manual, future focused discussions with the Commission (resulting in a new 2018-2022 Action Plan): leadership/structure of an Affordable Housing Program; comprehensive look at the entire Housing Continuum; identify roadblocks to building affordable housing; discuss adding rental, multi-family, and condos. 07:01:33 PM (01:05:30) Questions of Staff Cr. Pomeroy asked for clarification about when condos would get included. She asked how land could be used efficiently for affordable housing. CDD Matsen discussed density goals. DM Andrus asked about how many built homes were actually sold as affordable. CDD Matsen stated the City is not able to gather sales information. She asked about use of the incentives. She asked in successful communities, what level is the city involved? 63 Bozeman City Commission Meeting DRAFT MINUTES, July 17, 2017 Page 5 of 9 Cr. Krauss asked about third-party information gathering. He asked why we can’t get the sales information from the Department of Revenue. He asked if there was a way to narrow down the current information to after the SWMBIA bet, and HRDC’s role in income gathering. He asked Ms. Menuez about condominium’s role. She clarified that HRDC does have a list of income-qualified interested buyers. He asked if they ever communicated with SWMBIA, to which she answered yes. West Edge Condominiums was discussed in detail. Cr. Mehl asked if CDD’s recommendation is to add or decrease incentives. He asked if townhomes and duplexes can meet the inclusionary zoning mandate. He asked if a clear, guidelines document could be created. He asked in more detail about including condos and staff time required. He asked what bigger things can be done in what time period. Mayor Taylor asked what could be done quickly. City Attorney Sullivan responded in detail about the ordinances and timing. Mayor Taylor asked about the two-year requirement for new owners. Cr. Krauss asked for clarification of the intention of striking the condos. Cr. Pomeroy asked if the incentive program was gone, and if the incentives were successful. Cr. Krauss asked about a reasonable guess for a typical development timeline. 07:54:44 PM (01:58:41) Recess The Commission went into recess until 8:05 PM. 08:05:41 PM (02:09:38) Call to Order Mayor Taylor called the meeting back to order at 8:06 PM. 08:06:03 PM (02:10:00) Public Comment Mayor Taylor opened public comment. 08:07:15 PM (02:11:12) Edward Sypinski, Public Comment Mr. Sypinski stated Greater Gallatin Homeless Action Committee strongly supports the Commission’s work on addressing affordable housing. He read into the record the members of GGHAC. 08:09:21 PM (02:13:18) Danica Jameson, Public Comment Ms. Jameson, with Greater Gallatin United Way, shared her enthusiasm for a comprehensive plan moving forward. She encouraged the City to use City land and to include child care needs. She offered United Way’s help in co-facilitating any public process. She discussed the problem of homelessness as well. 08:12:17 PM (02:16:14) Terry Cunningham, Public Comment Mr. Cunningham discussed his distributed proposals, and discussed his proposal of a fee-based affordable housing program. 08:15:32 PM (02:19:29) Kevin Thane, Public Comment Mr. Thane, Vice Chair of the CAHAB, discussed the need for creativity and thoughtfulness. CAHAB suggests revising the affordable housing ordinance, and make changes in the UDC. He also endorsed 64 Bozeman City Commission Meeting DRAFT MINUTES, July 17, 2017 Page 6 of 9 Terry Cunningham’s proposals. 08:18:25 PM (02:22:22) Scott Johnson, Public Comment Mr. Johnson has been involved in development for many years in Bozeman. He discussed the SWMBIA bet and if one year was enough time, which he stated no. 08:20:18 PM (02:24:15) Jen Vireau, Public Comment Ms. Vireau stated that Community Health Partners strongly encouraged affordable housing for the most vulnerable in the community. 08:21:09 PM (02:25:06) Dave Magistrelli, Public Comment Mr. Magistrelli discussed Habitat for Humanity’s role and how they haven’t built recently because of the price of land. He asked the Commission to look at their proposal to build nine units. 08:23:18 PM (02:27:15) Scott Hoight, Public Comment Mr. Hoight, a volunteer with Habitat for Humanity, discussed the organization’s history and named a number of partners. He discussed the need of land acquisition that the City can help with. 08:26:48 PM (02:30:45) Ralph Johnson, Public Comment Mr. Johnson strongly endorsed CDD Matsen’s proposal or future, smaller discussions. He also asked that CAHAB be highly participatory. He proposed permitting ADU’s at grade. 08:28:02 PM (02:31:59) Kevin Sylvester, Public Comment Mr. Sylvester, Executive Director of Family Promise, he advocated for those in a low-income bracket. He strongly encouraged the City to take an active, regulatory approach. He provided a number of proposals. 08:30:05 PM (02:34:02) Raymond Porter, Public Comment Mr. Porter stated that he is a student, renter, and spoke that government overreaches. He stated that taxes hurt poor people and tax people out of Bozeman. He asked to reduce regulations and cut taxes on those that own houses, and hold MSU accountable. 08:33:47 PM (02:37:44) Anders Lewendal, Public Comment Mr. Lewendal, builder and member of CAHAB, stated that the incentives had no value to builders. He discussed the voluntary mandate, and discussed condominiums in detail, including financing. 08:36:59 PM (02:40:56) Heidi Arneson, Public Comment Ms. Arneson discussed the impact of homelessness. She discussed a number of different issues she supports. She discussed working with the School District. 08:38:20 PM (02:42:17) Discussion Cr. Mehl would support fixing the condominiums language in the ordinance. He is interested in reconsidering the incentives, especially working with partners for workforce housing. He was also 65 Bozeman City Commission Meeting DRAFT MINUTES, July 17, 2017 Page 7 of 9 interested in having a new unit assessment. He also supported reviewing the general principles. He recommended a density bonus. He discussed the complexity and time and variety of solutions needed. Cr. Krauss discussed the current inclusionary zoning ordinance, and the idea of the incentives that didn’t work rolling over. He discussed using City property for affordable housing and does not support it. He does not support finding ways around the condos language in the ordinance. He agreed with the suggestion to look at parking. He discussed the sensitivity of income and sales information and the importance of speaking with the Department of Revenue. He does not understand the resistance to condos. DM Andrus discussed that even if the bet was won, we didn’t meet our goals. She stated the biggest issue she sees is process. She discussed this was a work in process. She was interested in the fee proposal, and also agreed parking could be considered. She also recommended looking at UDC changes and are they actually helping move affordable housing forward. She asked that builders help be part of the solution. Cr. Pomeroy discussed a number of options, and supported working closer with MSU. Mayor Taylor summarized a number of issues that this is about: the community, the environment, and growth. He asked for short term fixes in the condos language. He does agree they should be included. He’d like to change the 2 year piece to 5 years. He’d like to see an arrangement with Habitat for Humanity. He discussed a proposal from MSU for some land for affordable housing. He discussed a potential for cash-in-lieu. He encouraged an incentive program for City employees to live in the city. The fee proposal was interesting. He asked for a prioritization from the Community Development Department. He discussed that this was not based on the SWMBIA bet. Cr. Mehl summarized consensus on issues. CDD Matsen discussed where he heard consensus for clarity. The Commissioners weighed in a few other issues. 5. 09:30:26 PM (03:34:23) Resolution 4808, Amending the Affordable Housing Ordinance Administrative Manual (Matsen)  09:30:38 PM (03:34:35) Staff Presentation CDD Matsen discussed that this manual differs from market rate, and this is unincentivizing building smaller units. He discussed that he ask to remove only the square footage requirement. 09:34:13 PM (03:38:10) Questions DM Andrus asked if there was any other reason the 800 square feet was in there. Cr. Pomeroy asked if this increases housing. 09:37:13 PM (03:41:10) Public Comment Mayor Taylor opened public comment. 09:37:22 PM (03:41:19) Ray Porter, Public Comment Mr. Porter thanked the Commission, and asked that the Commission consider deregulating the full 66 Bozeman City Commission Meeting DRAFT MINUTES, July 17, 2017 Page 8 of 9 marketplace as well. 09:38:50 PM (03:42:47) City Attorney Clarification CA Sullivan suggested the motion exclude section 2 of the resolution. 09:39:41 PM (03:43:38) Motion that having considered the staff memorandum, public comment, and all information presented, I hereby move to adopt Resolution 4808, amending the Affordable Housing Ordinance Administrative Manual to eliminate all references to minimum building square footage for affordable homes and to exclude Section 2. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 09:40:15 PM (03:44:12) Discussion Cr. Pomeroy supports this as it increases housing. Cr. Krauss stated this is a step in the right direction. He’d like a follow-up about safety issues of heating elements. DM Andrus clarified this is just amending the AHO, and supports. Cr. Mehl reiterated the public safety element. Mayor Taylor stated he appreciated the mix of experimental and decreasing design guidelines. 09:43:57 PM (03:47:54) Vote on the Motion that having considered the staff memorandum, public comment, and all information presented, I hereby move to adopt Resolution 4808, amending the Affordable Housing Ordinance Administrative Manual to eliminate all references to minimum building square footage for affordable homes and to exclude Section 2. 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 G. 09:44:10 PM (03:48:07) FYI/Discussion 1. 09:44:12 PM (03:48:09) Scheduling August Meeting for Unified Development Code (UDC) Update The Commission and staff discussed and decided August 17, 2017 would work for a UDC kickoff meeting. 2. 09:49:05 PM (03:53:02) Cr. Krauss asked for some confirmation for ADUs in subdivisions prior to 1997. Policy and Planning Manager Chris Saunders provided some background information. 67 Bozeman City Commission Meeting DRAFT MINUTES, July 17, 2017 Page 9 of 9 H. 09:52:37 PM (03:56:34) Adjournment Mayor Taylor adjourned the meeting at 9:52 PM. ___________________________________ Carson Taylor Mayor ATTEST: ___________________________________ Robin Crough City Clerk PREPARED BY: ___________________________________ Robin Crough City Clerk Approved on: ___________________________________ 68 Page 1 of 8 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, July 24, 2017 PLEASE NOTE THE TIME-STAMPS ARE APPROXIMATELY 3 MINUTES DELAYED FROM ACTUAL MEETING TIMES. TIMES STATED IN THE MINUTE TEXT ARE ACCURATE. Mayor - Carson Taylor: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - Jeff Krauss: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Chris Mehl: Present Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough A. 06:05:53 PM (00:05:26) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:03 PM. B. 06:06:04 PM (00:05:37) Pledge of Allegiance and a Moment of Silence C. 06:06:56 PM (00:06:29) Changes to the Agenda There were no changes to the agenda. D. 06:07:04 PM (00:06:37) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Approve a Full Liquor License for Bald Eagle Mountain, LLC, of Bozeman, Montana to Sell Liquor at 34 North Bozeman Avenue, Lots 34-38 (Pitcher)  3. Approve the Final Plat for Allison Subdivision Phase 3B Major Subdivision, Authorize the Director of Public Works to Execute the Same on behalf of the City of Bozeman, Authorize the Director of Community Development to Execute the Improvements Agreement on behalf of the City of Bozeman, and Authorize the Interim City Manager to Execute the Warranty Deed for Parkland Dedication on behalf of the City of Bozeman (Quasi-Judicial) (Owens)  4. Authorize the Mayor to Sign the Findings of Fact and Order for HRDC's Beall Street Minor Subdivision Preliminary Plat, Application 17246 (Quasi-Judicial) (WerBell)  69 Bozeman City Commission Meeting DRAFT MINUTES, July 24, 2017 Page 2 of 8 5. Authorize the Interim City Manager to Sign the ProjectDox License and Support Agreement with Avolve Software Corporation to Upgrade the Building Division’s Electronic Plan Review Software (Risk)  6. Authorize the Interim City Manager to Sign the Justice Assistance Grant Award through the Montana Board of Crime Control (MBCC) for $6,200.00 for Purchase of Five Tasers and Related Accessories for the Police Department (McLane)  7. Authorize the Interim City Manager to Sign the Notice of Award to Knife River - Belgrade for the South 11th Avenue Improvements Project (Murray)  8. Authorize the Interim City Manager to Sign a Memorandum of Agreement and Waiver Valuation with DOWL for the Right-of-Way Purchase for Construction of Improvements to Baxter Lane, Parcel 14 (Murray)  9. Authorize the Interim City Manager to Sign a Release and Reconveyance of Easements with Boise Airport Center, LLC Related to a Water and Pipeline and Access Easement for the Cannery District Phase 2 (Kohtz)  10. Authorize the Interim City Manager to Sign Amendment Number 7 to the Professional Services Agreement with Morrison-Maierle for the North 7th Avenue Lighting and Sidewalk Project (Fine)  11. Ratify the Interim City Manager’s Signature on the Settlement Agreement in City of Bozeman v. William R. Peterson and Dianne Peterson (Cooper)  06:07:09 PM (00:06:42) City Manager Overview Interim City Manager Dennis Taylor provided a brief overview of Consent Items 1-11. 06:10:04 PM (00:09:37) Public Comment There was no public comment. 06:10:19 PM (00:09:52) Motion and Vote to approve Consent Items 1-11 as submitted. The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve E. 06:10:35 PM (00:10:08) Public Comment Mayor Taylor opened public comment. 06:11:31 PM (00:11:04) Lynn & Dave Noyes, Public Comment Ms. Noyes asked to be hooked up to city services before they are able to get their property annexed as 70 Bozeman City Commission Meeting DRAFT MINUTES, July 24, 2017 Page 3 of 8 they need immediate assistance. F. 06:13:13 PM (00:12:46) Action Items 1. 06:13:18 PM (00:12:51) Resolution 4810, Modification of Special Improvement Lighting District (SILD) Number 720 for West Winds Subdivision Phases 6-8 (Donald)  06:13:40 PM (00:13:13) Staff Presentation Finance Director Kristin Donald presented the modification to an existing lighting district in the West Winds subdivision. She discussed the nature of the lights being installed, and the public comment period. 06:15:48 PM (00:15:21) Public Comment There was no public comment. 06:16:08 PM (00:15:41) Motion to adopt Resolution 4810, Modification of Special Improvement Lighting District (SILD) Number 720 for West Winds Subdivision Phases 6-8. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 06:16:28 PM (00:16:01) Discussion Cr. Pomeroy stated this is a requirement for final plat approval. 06:17:06 PM (00:16:39) Vote on the Motion to adopt Resolution 4810, Modification of Special Improvement Lighting District (SILD) Number 720 for West Winds Subdivision Phases 6-8. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 2. 06:17:16 PM (00:16:49) Resolution 4834, Amending the City’s Annual Budget for Street Impact Fee Appropriations for the Fiscal Year Ending June 30, 2018 (FY18) for the Construction of South 11th Avenue Improvements (Donald)  06:17:38 PM (00:17:11) Staff Presentation 71 Bozeman City Commission Meeting DRAFT MINUTES, July 24, 2017 Page 4 of 8 Finance Director Kristin Donald discussed the nature of the budget amendment and that the bids received were high. 06:18:22 PM (00:17:55) Questions of Staff Cr. Mehl asked what the extra fund requirements were and where the funds were coming from. Engineer Bob Murray responded. He also asked why resolutions were backdated. 06:20:34 PM (00:20:07) Public Comment There was no public comment. 06:20:48 PM (00:20:21) Motion to adopt Resolution 4834, Amending the City’s Annual Budget for Street Impact Fee Appropriations for the Fiscal Year Ending June 30, 2018. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 06:21:01 PM (00:20:34) Discussion Cr. Mehl stated he would rather not have the notice of awards on consent. 06:22:07 PM (00:21:40) Vote on the Motion to adopt Resolution 4834, Amending the City’s Annual Budget for Street Impact Fee Appropriations for the Fiscal Year Ending June 30, 2018. The motion passed 5-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 3. 06:22:19 PM (00:21:52) Oak Street Improvements Project, 7th Avenue to 19th Avenue Conceptual Median Design Review (Murray)  06:22:33 PM (00:22:06) Staff Presentation Engineer Bob Murray discussed why the item was brought back, and introduced Danielle Scharf from Sanderson Stewart. Ms. Scharf discussed the median potential but also the left turn bay issue in the area. The cost estimate for the project is approximately $600,000. 06:27:45 PM (00:27:18) Questions of Staff Cr. Pomeroy asked for clarification of a turn lane. She asked what the benefit of this median would be. 72 Bozeman City Commission Meeting DRAFT MINUTES, July 24, 2017 Page 5 of 8 She asked if this would help traffic flow. Cr. Mehl asked for a reminder of traffic concerns and why the Commission would like to view this again. He asked if this would be a new item on the CIP, and what year does staff recommend this be added. He also asked where this would rank on staff’s list of priorities, to which staff responded low. Public Works Director Craig Woolard also discussed the expense of this project. DM Andrus asked if there are any other options to achieve this median that is more economical, as well as if there is a safety benefit to doing this. Mayor Taylor asked for clarification about the map. DM Andrus asked about the speed limit on the road. 06:40:35 PM (00:40:08) Public Comment There was no public comment. 06:40:51 PM (00:40:24) Discussion Cr. Mehl favors putting this on the CIP in the beyond five years category, and he doesn’t want to spend money on it now. Cr. Krauss is not in support of the design, and does not think his constituents wants to spend $600,000 on a beautification project like this. DM Andrus stated she is looking long run and this seems very expensive, but she’s okay with it currently being unscheduled. She is interested in looking at smaller medians. Cr. Pomeroy also does not see the benefit of this. Mayor Taylor stated this is a cost/benefit analysis, and thinks we should keep the design but put this on the unscheduled CIP. 4. 06:47:25 PM (00:46:58) Resolution 4740, Creating a Payback District for Graf Street from South 15th Avenue to MacNab Street (Hixson)  06:47:46 PM (00:47:19) Staff Presentation City Engineer Rick Hixson presented the history of the project. He discussed the process for reimbursements such as this. He discussed the basis and amount of lineal payback, with a suggested term of 20 years. He asked for a few corrections in the resolution to be corrected in the final motion. 06:53:14 PM (00:52:47) Questions of Staff Cr. Krauss asked if the property owner was notified at the correct address. Cr. Mehl asked when the payback would expire. He asked why the timeline wasn’t discussed in the resolution. CA Sullivan explained the timing. DM Andrus asked if this could be renewed after 20 years if nothing happened. Cr. Krauss asked if this risk was taken at other properties. CA Sullivan affirmed. 06:59:39 PM (00:59:12) Public Comment There was no public comment. 73 Bozeman City Commission Meeting DRAFT MINUTES, July 24, 2017 Page 6 of 8 06:59:56 PM (00:59:29) Motion to adopt Resolution 4740, Creating a Payback District for Graf Street from South 15th Avenue to MacNab Street, making the typographical modifications as suggested by Richard Hixson. Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:00:13 PM (00:59:46) Discussion Cr. Krauss discussed that payback districts are not uncommon, and this infrastructure building is beneficial for health, safety, and welfare. DM Andrus supports this as the reward for having this road built now outweighs the risk. Cr. Pomeroy stated this makes sense. Cr. Mehl supports this, but the road is already built, this is just a payment mechanism. He’s not sure he supports the 20 year timing, as it should be longer to ensure payback to maximize taxpayer benefit. Mayor Taylor discussed the 20 year limit. 07:06:44 PM (01:06:17) Vote on the Motion to adopt Resolution 4740, Creating a Payback District for Graf Street from South 15th Avenue to MacNab Street, making the typographical modifications as suggested by Richard Hixson. Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 5. 07:06:56 PM (01:06:29) Appointment(s) to the Design Review Board (DRB) (Crough)  07:07:07 PM (01:06:40) Motion to appoint Charlie Franklin to the architect position with a term ending June 30, 2019, and to appoint Mark Hufstetler to the architectural historian position with a term ending June 30, 2019 [to the Design Review Board]. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd 07:07:28 PM (01:07:01) Public Comment There was no public comment. 74 Bozeman City Commission Meeting DRAFT MINUTES, July 24, 2017 Page 7 of 8 07:07:36 PM (01:07:09) Vote on the Motion to appoint Charlie Franklin to the architect position with a term ending June 30, 2019, and to appoint Mark Hufstetler to the architectural historian position with a term ending June 30, 2019 [to the Design Review Board]. The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 6. 07:07:48 PM (01:07:21) Appointment(s) to the Northeast Urban Renewal Board (NURB) (Crough)  07:07:59 PM (01:07:32) Motion to appoint Bobbi Clem to the business owner within district position [with a term ending July 31, 2021], appoint Daniel Doehring to the resident within district position with a term ending July 31, 2018, and appoint Jeanne Wesley-Wiese [to the resident within district position] with a term ending July 31, 2021 [to the Northeast Urban Renewal Board]. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 07:09:02 PM (01:08:35) Public Comment There was no public comment. 07:09:11 PM (01:08:44) Vote on the Motion to appoint Bobbi Clem to the business owner within district position [with a term ending July 31, 2021], appoint Daniel Doehring to the resident within district position with a term ending July 31, 2018, and appoint Jeanne Wesley-Wiese [to the resident within district position] with a term ending July 31, 2021 [to the Northeast Urban Renewal Board]. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve G. 07:09:20 PM (01:08:53) FYI/Discussion 75 Bozeman City Commission Meeting DRAFT MINUTES, July 24, 2017 Page 8 of 8 1. Mayor Taylor asked the Commission to look at Tuesday, September 26th for City Manager interviews. 2. Mayor Taylor asked staff about the public comment request to expedite their hookups and annexation. 3. Cr. Krauss asked the staff to repeal the no development near failing intersections as soon as possible, and for it to be noticed as such. The Commission discussed. CA Sullivan discussed how this fits into the UDC Update. 4. Cr. Mehl clarified the next two month schedules. H. 07:21:15 PM (01:20:48) Adjournment Mayor Taylor adjourned the meeting at 7:19 PM. 76