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