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HomeMy WebLinkAbout09-11-17 City Commission Packet Materials - M1. August 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 August 7, August 14, August 21, and August 28, 2017, Special Meeting Minutes from August 17 and August 24, 2017, and User Access to Linked Minutes MEETING DATE: September 11, 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 August 7, 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 August 14, 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 August 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 August 21, 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 August 24, 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 August 28, 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 August 7, August 14, August 17, August 21, August 24, and August 28, 2017, as submitted. BACKGROUND: In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: 9 • 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 September 5, 2017 10 Page 1 of 7 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, August 07, 2017 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 Dais: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough, Deputy City Clerk Brenda Sweeney A. 06:00:57 PM (00:04:47) 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. 06:01:08 PM (00:04:58) Pledge of Allegiance and a Moment of Silence C. 06:02:12 PM (00:06:02) Changes to the Agenda ICM Taylor introduced CA Sullivan, who stated that Judge John Brown issued a restraining order that addressed development under the NCOD guidelines. He stated the Black Olive application this evening cannot be heard. He recommended that the item be rescheduled to a date certain. CA Sullivan discussed when public comment could/should happen. Mayor Taylor stated the proclamation will be moved before the public comment. D. 06:05:27 PM (00:09:17) Minutes 1. 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  06:05:33 PM (00:09:23) Motion and Vote 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. The motion passed 5-0. 11 Bozeman City Commission Meeting DRAFT MINUTES, August 7, 2017 Page 2 of 7 Deputy Mayor - Cynthia Andrus: 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 E. 06:06:04 PM (00:09:54) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Approve a Full Liquor License for Saddle Peak, LLC., of Bozeman, Montana to Sell Liquor at 5 West Mendenhall Street (Pitcher)  3. Appoint a Sub-Committee of Two Commissioners to Review Pledged Securities and Depository Bonds as of June 30, 2017 (Clark)  4. Approve the Final Plat for the J&D Family, Phase 2 Subdivision Final Plat, and Authorize the Director of Public Works to Execute the Same on behalf of the City of Bozeman, Application 17277 (Rogers)  5. Authorize the Interim City Manager to Sign a Purchase Agreement with Municipal Emergency Services (MES) for Fire Department Self-Contained Breathing Apparatus, Breathing Air Compressors, and Thermal Imaging Cameras (Waldo)  6. Authorize the Interim City Manager to Sign a Memorandum of Agreement with B. and M. Daly for Right-of-Way Purchase for Construction of Improvements to Baxter Lane between Flanders Mill Road and Cottonwood Road (Murray)  7. Authorize the Interim City Manager to Sign a Notice of Award to Central Excavation, Inc. for Construction of a Stormwater Sediment Management Waste Facility (Mehrens)  8. Authorize the Interim City Manager to Sign Addendum 2 to the Professional Services Agreement with Solstice Landscaping LLC for Landscaping Services (Gray)  9. Resolution 4835, Authorizing Change Order Number 3 with DLM Contracting, Inc. to the South University Area Sewer Main Interceptor and Water Main Extension Project (Murray)  10. Resolution 4836, Approving the Guaranteed Maximum Price Amendment Number 4 with Dick Anderson Construction, Inc. for Bozeman Sports Park Phase One Utilities (Poissant)  06:06:08 PM (00:09:58) City Manager Overview ICM Taylor provided a brief overview of Consent Items 1-10. 06:09:48 PM (00:13:38) Public Comment There was no public comment. 06:10:18 PM (00:14:08) Motion and Vote to approve Consent Items 1-10 as submitted. The motion passed 5-0. 12 Bozeman City Commission Meeting DRAFT MINUTES, August 7, 2017 Page 3 of 7 Commissioner - Chris Mehl: 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 F. 06:10:33 PM (00:14:23) Mayoral Proclamation 1. Proclamation Regarding Domestic Violence  Mayor Taylor read a proclamation regarding domestic violence. He asked representatives from HAVEN to accept the proclamation. He noted the work the City does to address domestic violence in the community. G. 06:14:40 PM (00:18:30) Public Comment Mayor Taylor opened public comment. 06:15:24 PM (00:19:14) Erin Shattauer, Public Comment Ms. Shattauer discussed the HAVEN group “End the Silence” and thanked the City’s work. She discussed that the community needs to do more. 06:18:34 PM (00:22:24) Angie Quila, Public Comment Ms. Quila is a survivor, and discussed the support she received. She asked for community action and support. 06:20:00 PM (00:23:50) Kristin Glasheen, Public Comment Ms. Glasheen is a multi-generation survivor, and she discussed education on healthy relationships. 06:21:52 PM (00:25:42) Leanne Harbor, Public Comment Ms. Harbor discussed her survival story. She discussed shame. 06:22:52 PM (00:26:41) Daryl Behrent, Public Comment Mr. Behrent discussed that three minutes isn’t enough for public comment, and asked the Commission to consider yielding time. 06:23:34 PM (00:27:24) Point of Clarification Mayor Taylor discussed public comment. CA Sullivan clarified that public comment cannot be considered on Black Olive II this evening. 06:26:02 PM (00:29:52) Clara Pinkus, Public Comment Ms. Pinkus stated that Bozeman needs to preserve the character of downtown and nearby 13 Bozeman City Commission Meeting DRAFT MINUTES, August 7, 2017 Page 4 of 7 neighborhoods. She asked the City to form a task force to address the issue of transitional zones. 06:28:27 PM (00:32:17) Julie Maxwell, Public Comment Ms. Maxwell stated she does not have a problem with building height, but with parking requirements. H. 2. Proclamation Regarding Domestic Violence  I. 06:32:09 PM (00:35:59) Action Items 1. 06:34:09 PM (00:37:59) A Preliminary Plat for Flanders Mill Phase 7 Major Subdivision to Modify an Existing Preliminary Plat, Subdividing 25.27 Acres into 26 Residential Lots, a Park, and Two Open Space Lots, and to Amend a Condition of Approval; Located East of Flanders Mill Road and North of the Alignment of Oak Street and is Legally Described as a Portion of Lot 1R-3, Flanders Mill Subdivision Phase 3, Application 17266 (Quasi-Judicial) (Saunders)  06:34:40 PM (00:38:30) Staff Presentation Policy and Planning Manager Chris Saunders presented the amendment to the portion of the originally approved subdivision in 2014. The new proposal aggregates a number of parcels. He made one correction in Condition 9 for a spelling mistake on Windrow Drive. He stated there has been no public comment, and staff and the Planning Board recommend approval. 06:40:30 PM (00:44:20) Questions of Staff Cr. Pomeroy asked why the applicant was requesting the condition be removed. She asked about the open space “u.” Cr. Krauss asked if the center lozenge would be altered. Cr. Mehl asked how density would change with this application. Mayor Taylor asked who owns the land that the water would be directed to. 06:45:36 PM (00:49:26) Applicant Presentation Scott Bechtel, with Bechtel Architects, discussed the park and the importance of this phase in the subdivision, as well as the consolidation of the lots. 06:47:36 PM (00:51:26) Questions of Applicant Cr. Mehl asked if the applicant had seen and approved of the staff report. 06:47:58 PM (00:51:48) Public Comment There was no public comment. 14 Bozeman City Commission Meeting DRAFT MINUTES, August 7, 2017 Page 5 of 7 06:48:15 PM (00:52:05) 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 17266 and move to approve the preliminary plat with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 06:48:42 PM (00:52:32) Discussion Cr. Pomeroy discussed the importance of the changes and supports the motion. Cr. Mehl discussed changing of the word Window to Windrow. 06:49:53 PM (00:53:43) 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 17266 and move to approve the preliminary plat with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner - I-Ho Pomeroy: 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 2. 06:50:05 PM (00:53:55) Black Olive II Site Plan and Certificate of Appropriateness for 202 South Black Avenue, Application 17265 (Quasi-Judicial) (Krueger)  06:50:18 PM (00:54:08) Staff Presentation CA Sullivan suggested considering rescheduling this meeting to a date certain after this Friday. 06:50:48 PM (00:54:38) Motion to reschedule the Black Olive II meeting to October 31, 2017 for discussion purposes. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 06:51:03 PM (00:54:53) Discussion Cr. Krauss asked the City Attorney when the discussion should happen. Mayor Taylor discussed date options, and that September 18th is the first date this can happen. The Commission and staff discussed further dates. 06:55:46 PM (00:59:36) Friendly Amendment to change the rescheduled date to October 2, 2017. 15 Bozeman City Commission Meeting DRAFT MINUTES, August 7, 2017 Page 6 of 7 06:56:11 PM (01:00:01) Public Comment Mayor Taylor opened public comment. 06:56:23 PM (01:00:13) Emily Tolego, Public Comment Ms. Tolego asked why the discussion could not be rescheduled until next week. 06:57:29 PM (01:01:19) Discussion Mayor Taylor stated that the City does not want to deter public comment if the item gets rescheduled. 06:58:19 PM (01:02:09) Vote on the Motion to reschedule the Black Olive II meeting to October 2, 2017. The motion passed 5-0. Commissioner - Jeff Krauss: 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 3. 06:58:34 PM (01:02:24) Appointment(s) to the Board of Ethics (Crough)  06:58:46 PM (01:02:36) Motion to appoint Mary Jane McGarity to a term expiring July 31, 2019, and Melissa Frost to a term expiring July 31, 2019 [to the Board of Ethics]. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 06:59:05 PM (01:02:55) Public Comment There was no public comment. 06:59:11 PM (01:03:01) Discussion Cr. Mehl thanked recently resigned Chair Chris Carraway for his service, and thanked the two reappointments for their continued service. 06:59:46 PM (01:03:36) Vote on the Motion to appoint Mary Jane McGarity to a term expiring July 31, 2019, and Melissa Frost to a term expiring July 31, 2019 [to the Board of Ethics]. The motion passed 5- 0. Commissioner - Chris Mehl: Motion 16 Bozeman City Commission Meeting DRAFT MINUTES, August 7, 2017 Page 7 of 7 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 4. 06:59:57 PM (01:03:47) Appointment(s) to the Northeast Urban Renewal Board (NURB) (Crough)  06:59:55 PM (01:03:45) Discussion Mayor Taylor asked if this item was a repeat from the previous meeting. City Clerk Crough clarified these were new applicants. Since the mayor did not speak with the new applicants he moved the item to the next meeting, Monday, August 14, 2017. 07:00:34 PM (01:04:24) Recess Mayor Taylor called for a short recess. 07:01:34 PM (01:05:24) Meeting Resumed Mayor Taylor resumed the meeting. J. 07:01:35 PM (01:05:25) FYI/Discussion • Paul Neubauer thanked the Commission for their work on Black Olive II. • Cr. Mehl thanked Mr. Neubauer for his service on the Planning Board. K. 07:03:29 PM (01:07:19) Adjournment Mayor Taylor adjourned the meeting at 7:03 PM. 17 Page 1 of 15 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, August 14, 2017 THE MEETING RECORDING BEGINS AFTER THE EXECUTIVE SESSION, AT ITEM C. 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, Assistant City Manager (ACM) Chuck Winn, Assistant City Attorney (ACA) Karen Stambaugh A. Call to Order – 5:30 PM EARLY START TIME - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 5:31 PM. B. Executive Session 1. Save Bozeman, Inc. et al. v. City of Bozeman (Cause DV-17-665C) 05:32:00 PM Motion to close this portion of the meeting for litigation [pursuant to Sect. 2-3-203(3), MCA, finding that discussion would have a detrimental effect on the litigation position of the City]. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 05:32:00 Discussion CA Sullivan clarified that this is a finding that the Commission has historically made. 05:32:30 PM Vote on the Motion to close this portion of the meeting for litigation [pursuant to Sect. 2- 3-203(3), MCA, finding that discussion would have a detrimental effect on the litigation position of the City]. The motion passed 5-0. 18 Bozeman City Commission Meeting DRAFT MINUTES, August 14, 2017 Page 2 of 15 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 05:32:00 Commission Meeting Closed for Litigation Mayor Taylor closed the meeting for the executive session. A separate set of minutes have been prepared for the Executive Session. 06:18:52 PM (00:05:04) Call to Order Mayor Taylor called the meeting back to order at 6:18 PM. C. 06:19:06 PM (00:05:17) Pledge of Allegiance and a Moment of Silence D. 06:19:55 PM (00:06:07) Changes to the Agenda Mayor Taylor stated that he will move the proclamation and special presentation to be before public comment. E. 06:20:32 PM (00:06:44) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Approval of Depository Bonds and Pledged Securities as of June 30, 2017 (Clark)  3. Authorize the Interim City Manager to Sign a Professional Services Agreement with Land Solutions, LLC for Development Review Services (Saunders)  4. Authorize the Interim City Manager to Sign Amendment Number 1 to the Professional Services Agreement and Task Order 3 with Leland Consulting Group for Midtown Economic Development and Corridor Revitalization Expertise (Fine)  5. Resolution 4815, Adoption of the Bozeman Pond Park Expansion Master Plan (Poissant)  6. Resolution 4837, Creating an Annual Transfer from the Parking Services Operating Reserve to the Parking Services Long Term Maintenance Reserve (Meece)  06:20:35 PM (00:06:47) City Manager Overview ICM Taylor provided a brief overview of Consent Item 1-6. He clarified one date correction on Resolution 4815. 06:23:14 PM (00:09:26) Public Comment There was no public comment. 19 Bozeman City Commission Meeting DRAFT MINUTES, August 14, 2017 Page 3 of 15 06:23:23 PM (00:09:35) Motion and Vote to approve Consent Items 1-6 as submitted. The motion passed 5-0. Commissioner - I-Ho Pomeroy: 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 F. 06:23:45 PM (00:09:57) Mayoral Proclamation 1. Navy Week Proclamation  Mayor Taylor read a mayoral proclamation regarding Navy Week. He discussed that the US Navy Band will be playing tomorrow night at the Farmers’ Market. G. 06:25:38 PM (00:11:50) Special Presentation 1. Navy Week The Rear Admiral discussed the role of the Navy. There will also be a concert with the Navy Band at the library and Museum of the Rockies. He thanked the City for their hospitality. H. 06:27:47 PM (00:13:59) Public Comment Mayor Taylor opened public comment. 06:29:18 PM (00:15:30) Ellen Stevenson, Public Comment Ms. Stevenson discussed the recent events in Charlottesville, North Carolina, and that we all need to be united to achieve the best result. She discussed the negative nature of 5 story buildings in the B-3. 06:30:59 PM (00:17:11) Gary Taver, Public Comment Mr. Taver stated that he wishes to work with the City to remove the Swim Center bulkhead. 06:32:01 PM (00:18:13) Matt Yovich, Public Comment Mr. Yovich discussed the benefits of the bulkhead at the Swim Center, and listed them. 06:34:38 PM (00:20:50) Nancy Schultz, Public Comment Ms. Schultz encouraged the Commission to look at purchasing the Emerson lawn. She discussed the public support for keeping the property public. 06:36:39 PM (00:22:51) Shavonne Gilmarten, Public Comment 20 Bozeman City Commission Meeting DRAFT MINUTES, August 14, 2017 Page 4 of 15 Ms. Gilmarten is a swim coach, and feels strongly that the addition of a bulkhead will be extremely beneficial to her program. 06:38:11 PM (00:24:23) Jerry Reisig, Public Comment Mr. Reisig is an activities director at the high school, and he sees the value in having the bulkhead at the Swim Center. He discussed that this gives Bozeman the ability to hold a meet, and is excited about the bulkhead. Mayoral Proclamation 1. Navy Week Proclamation  Special Presentation 1. Navy Week I. 06:39:54 PM (00:26:06) Action Items 1. 06:39:59 PM (00:26:11) Decision Regarding Initiation of Legislative Zoning Process to Affirm and Readopt the Inclusion of Subchapter 4B (Guidelines for the B3 Commercial Character Area) into the Design Guidelines for the Bozeman Neighborhood Conservation Overlay District (NCOD) (D. Taylor / Matsen / Sullivan)  06:40:21 PM (00:26:33) Staff Presentation City Attorney Greg Sullivan stated that tonight’s item is to initiate the process to readopt Subchapter 4B. 06:41:45 PM (00:27:57) Questions of Staff There were no questions of staff. 06:41:54 PM (00:28:06) Public Comment Mayor Taylor opened public comment. 06:42:04 PM (00:28:16) Lisa Kirk, Public Comment Ms. Kirk stated that she hopes this means the Commission will be reevaluating 4B. She and Save Bozeman would like to be involved in a public process. 06:43:42 PM (00:29:54) Randy Peters, Public Comment Mr. Peters thanked the Commission for revisiting Resolution 4598. He asked that this not be a two week process, but instead a community dialogue. 06:45:57 PM (00:32:09) Jeanne Wilkinson, Public Comment 21 Bozeman City Commission Meeting DRAFT MINUTES, August 14, 2017 Page 5 of 15 Ms. Wilkinson, a member of BHPAB and BPAG, thanked the Commission for their reconsideration of this item. 06:47:58 PM (00:34:10) Jack Ranieri, Public Comment Mr. Ranieri stated that the NCOD needs a hard look. He discussed the importance of neighborhood character. He discussed what downtown has turned into. 06:51:11 PM (00:37:23) Elizabeth Darrow, Public Comment Ms. Darrow thanked the Commission for reviewing and revaluation the legislative process for 4B. She discussed the neighborhood character of her neighborhood. She asked for time to review the issue. 06:53:50 PM (00:40:02) Marjorie Smith, Public Comment Ms. Smith stated that Save Bozeman isn’t a NIMBY group, as it affects everyone. She stated she received no notice for the design codes. 06:57:07 PM (00:43:19) Larry Johnson, Public Comment Mr. Johnson thanked the Commission for the opportunity to provide input on the neighborhood guidelines. Mr. Johnson asked for ample time to comment on this decision. 06:58:23 PM (00:44:35) Brian Segel, Public Comment Mr. Segel is happy this will be revisited, and asked the Commission to not be afraid of change. 07:01:30 PM (00:47:42) Clara Pinkus, Public Comment Ms. Pinkus stated that a lot of people beyond the immediate neighbors feel strongly about this. She doesn’t believe the larger, new developments fit in with downtown Bozeman. She asked the City to look into downtown becoming a historic district. 07:03:30 PM (00:49:42) Loretta Domnesheski, Public Comment Ms. Domnesheski referenced the Core Values for everyone to participate. 07:04:22 PM (00:50:34) Paul Neubauer, Public Comment Mr. Neubauer stated his pleasure that the guidelines are being revisited. 07:06:42 PM (00:52:54) Glen Monahan, Public Comment Mr. Monahan reads the paper every day and stated that he didn’t read anything about these changes in 2015. He does not agree that the proposed changes are appropriate for downtown. 07:08:36 PM (00:54:48) Stuart Mitchell, Public Comment Mr. Mitchell agrees with those that have spoken before. He asked the Commission to demonstrate to them that they value their opinions more than that of the developers and give the process more than 15 days. 22 Bozeman City Commission Meeting DRAFT MINUTES, August 14, 2017 Page 6 of 15 07:10:26 PM (00:56:38) Questions of Staff Mayor Taylor asked staff if they want to respond to any public comment. CA Sullivan stated that the Element hotel and 5 West was approved before Resolution 4598. He stated he believes that 4B only applies to the B-3. Downtown is a designated historic district. 07:12:37 PM (00:58:49) Motion to direct the City Manager to commence a process that will present the City Commission for its consideration a resolution or ordinance affirming and readopting the inclusion of Subchapter 4B (Guidelines for the B3 Commercial Character Area) into the Design Guidelines for the Bozeman Neighborhood Conservation Overlay District (NCOD). Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 07:13:02 PM (00:59:14) Discussion Cr. Krauss stated that 4B is currently a part of the guidelines, and he thinks this needs to be reconsidered to provide clarity and predictability. Cr. Mehl associates himself with Cr. Krauss. DM Andrus stated she appreciates the public comment and supports the motion. Cr. Pomeroy supports the motion. Cr. Krauss clarified that this will be going in front of some of the citizen advisory boards. Mayor Taylor supports the motion in part because the pending litigation will take months or more, and certainty and predictability are a value we need to affirm. 07:15:47 PM (01:01:59) Vote on the Motion to direct the City Manager to commence a process that will present the City Commission for its consideration a resolution or ordinance affirming and readopting the inclusion of Subchapter 4B (Guidelines for the B3 Commercial Character Area) into the Design Guidelines for the Bozeman Neighborhood Conservation Overlay District (NCOD). The motion passed 5-0. Commissioner - Jeff Krauss: 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. 07:16:08 PM (01:02:20) Resolution 4816, Establishing a 17% Increase to Street Maintenance District Assessments for Fiscal Year 2018 (FY18) (Donald)  07:16:27 PM (01:02:39) Staff Presentation Finance Director Kristin Donald discussed the assessment and monetary increases. 23 Bozeman City Commission Meeting DRAFT MINUTES, August 14, 2017 Page 7 of 15 07:17:34 PM (01:03:46) Questions of Staff Cr. Mehl asked if this was in the recently passed budget, and if this is the third year of increases. He asked what next year’s estimate will be. Assistant City Manager Rosenberry stated that the CIP will drive next year’s estimate, which the City has not received yet. 07:19:46 PM (01:05:58) Public Comment There was no public comment. 07:20:07 PM (01:06:19) Motion to adopt Resolution 4816, establishing a 17% increase in Street Maintenance District Assessments for FY 2018, making the assessment rate $0.025506 per assessable square foot. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:20:35 PM (01:06:47) Discussion Cr. Mehl discussed the role of the assessment in pulling the City out of the infrastructure hole. Cr. Pomeroy stated this is a necessary increase. Cr. Krauss stated this actually funds the department. He discussed the history of its creation. Mayor Taylor addressed the deferred maintenance problem, and this is the last step. 07:26:20 PM (01:12:32) Vote on the Motion to adopt Resolution 4816, establishing a 17% increase in Street Maintenance District Assessments for FY 2018, making the assessment rate $0.025506 per assessable square foot. The motion passed 5-0. Commissioner - Chris Mehl: 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 3. 07:27:02 PM (01:13:14) Resolution 4817, Establishing a 63% Increase to Arterial & Collector Street Maintenance District Assessments for Fiscal Year 2018 (FY18) (Donald)  07:27:22 PM (01:13:34) Staff Presentation Finance Director Kristin Donald discussed that the totals collected and the assessment for the average residential lot. 07:28:06 PM (01:14:18) Questions of Staff Cr. Mehl asked for next year’s estimate. 24 Bozeman City Commission Meeting DRAFT MINUTES, August 14, 2017 Page 8 of 15 07:28:47 PM (01:14:59) Public Comment There was no public comment. 07:29:10 PM (01:15:22) Motion to adopt Resolution 4817, establishing a 63% increase in Arterial and Collector Street Maintenance District Assessments for FY 2018, making the assessment rate $.008900 per assessable square foot. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd 07:29:49 PM (01:16:01) Discussion DM Andrus stated this is a large increase, but it covers construction and maintenance issues. Cr. Pomeroy agrees that this is a huge increase, but necessary. Cr. Krauss discussed the history of paying for road maintenance and the City paying their share. Cr. Mehl stated that the Commission has committed that every penny of the gas tax goes into this fund. Mayor Taylor supports the motion, and clarified how the gas tax has lowered this and that future Commissions will continue to do so. 07:36:13 PM (01:22:25) Vote on the Motion to adopt Resolution 4817, establishing a 63% increase in Arterial and Collector Street Maintenance District Assessments for FY 2018, making the assessment rate $.008900 per assessable square foot. 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 4. 07:36:26 PM (01:22:38) Resolution 4818, Establishing a 15% Increase to Tree Maintenance District Assessments for Fiscal Year 2018 (FY18) (Donald)  07:36:38 PM (01:22:50) Recusal Cr. Krauss recused himself of this vote due to a family member in the department. 07:37:07 PM (01:23:19) Staff Presentation Finance Director Kristin Donald discussed the total collection for this district and the annual assessment. Parks, Recreation, Forestry, and Cemetery Director Mitch Overton discussed what the assessment will be next year. 07:38:13 PM (01:24:25) Questions of Staff Cr. Mehl asked about the maximum assessment. 25 Bozeman City Commission Meeting DRAFT MINUTES, August 14, 2017 Page 9 of 15 07:38:44 PM (01:24:56) Public Comment Mayor Taylor opened public comment. 07:38:54 PM (01:25:06) Clara Pinkus, Public Comment Ms. Pinkus noted the importance of this assessment to be ready for the emerald ash borer. 07:39:37 PM (01:25:49) Motion to adopt Resolution 4818, establishing a 15% increase in Tree Maintenance District Assessments for FY 2018 making the assessment rate $.003312 per assessable foot. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 07:40:00 PM (01:26:12) Discussion Cr. Pomeroy stated this is very important for taking care of trees. Cr. Mehl also supports the motion, as this is money well spent. Mayor Taylor supports the motion, as the benefit affects the full community, especially due to the ash borer. 07:42:47 PM (01:28:59) Vote on the Motion to adopt Resolution 4818, establishing a 15% increase in Tree Maintenance District Assessments for FY 2018 making the assessment rate $.003312 per assessable foot. The motion passed 4-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Abstain Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 07:43:07 PM (01:29:18) Commission in Recess Mayor Taylor called a recess until 7:50 PM. 07:53:54 PM (01:40:06) Call to Order Mayor Taylor called the meeting back to order at 7:54 PM. 5. 07:54:03 PM (01:40:15) Ordinance 1974 Provisional Adoption, Regulating Short Term Rentals (Stambaugh / Winn)  07:54:14 PM (01:40:26) Staff Presentation ACM Winn discussed the two motions in front of the Commission tonight. He discussed the history of the issue coming before the Commission. He provided the definitions of the STR types. He discussed 26 Bozeman City Commission Meeting DRAFT MINUTES, August 14, 2017 Page 10 of 15 what types the ordinance permits where. He also discussed the grace period and grandfathering in detail. He also discussed the recommended fees in a separate resolution. He specifically addressed a couple public comments. 08:07:43 PM (01:53:55) Questions of Staff Cr. Krauss asked if the grandfathering goes with the property or the owner. He asked if an owner would be able to hire a person to live there and act in their stead as an owner. DM Andrus asked for clarification on how grandfathering works. Cr. Mehl asked about licensing requirements, and how dwelling unit was defined. He asked if there was a difference between R-5 and B-2M, and why not treat them the same. He asked Fire Chief Waldo if the department was okay with self-certifying. He asked ACM Winn if this with the estimated fees will pay for itself. Cr. Pomeroy asked about the Zoning Commission’s rejection of the ordinance. Mayor Taylor asked for clarification on Type 2. He asked for the types of proof for current operation. He asked for clarification for an operating duplex in R-1 that has been grandfathered in. 08:27:10 PM (02:13:22) Public Comment Mayor Taylor opened public comment. 08:27:18 PM (02:13:30) Robert Black, Public Comment Mr. Black discussed the fees, and that the fees are exorbitant. He asked the Commission to consider a drastic reduction for the CUP fee. 08:29:33 PM (02:15:45) Deanna Campbell, Public Comment Ms. Campbell stated there is a lot of confusion about this ordinance. She stated the City has taken from her her right to use her property to its best use. 08:32:44 PM (02:18:56) Kellen Milani, Public Comment Ms. Milani stated that she runs a short-term rental, and has a problem with her personal information being public. She thinks type 3 rentals should be allowed. She also believes the fees are too high. 08:35:05 PM (02:21:17) Paul House, Public Comment Mr. House discussed the high cost of the CUP. He also discussed the type 3 designation. 08:37:01 PM (02:23:13) Clara Pinkus, Public Comment Ms. Pinkus discussed the zoning disparities in Bozeman and that everyone should be treated on an equal playing field. 08:39:17 PM (02:25:29) Jason Delmue, Public Comment Mr. Delmue stated there is no data to ban short term rentals. 08:41:41 PM (02:27:53) Marilee Brown, Public Comment 27 Bozeman City Commission Meeting DRAFT MINUTES, August 14, 2017 Page 11 of 15 Ms. Brown discussed her experience with successful renters. Her rental will not be included with the new ordinance, and she asked that owner-occupied be allowed in all zones. She asked the Commission to do two amendments. She asked that parking be reconsidered. She also did not agree with listing information publicly. 08:45:08 PM (02:31:20) Beth Antonopoulos, Public Comment Ms. Antonopoulos thanked staff and Commission for drafting this ordinance. She discussed grandfathering and asked that to be separated from the date of the effective policy. She discussed a number of concerns and approvals of the proposed ordinance. 08:48:24 PM (02:34:36) Jack Ranieri, Public Comment Mr. Ranieri discussed his STR and the positive experience he’s had. He asked how his property qualified. 08:50:59 PM (02:37:11) Sam Mitchell, Public Comment Mr. Mitchell asked if there are non-conforming sites seeking grandfathering, if the administrative CUP would still include neighbor notification. He is also concerned about the grandfathering issue. 08:53:55 PM (02:40:07) Questions of Staff Mayor Taylor asked staff to follow up on a few questions in public comment. ACM Winn stated that only the registration fee is annual. CA Sullivan clarified the B-3 question. Policy and Planning Manager Chris Saunders stated the noticing for both CUPs would be the same. Cr. Krauss asked about grandfathering. Cr. Mehl asked about renting an ADU. 09:02:47 PM (02:48:59) 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. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 09:03:06 PM (02:49:18) Discussion Cr. Krauss stated that there has been a lot of work putting this together and he will not submitting any amendments. He discussed the importance of relying on different zoning. Mayor Taylor asked ACA Stambaugh if there was a recommended amendment as discussed earlier. The Commission discussed in detail. 09:09:47 PM (02:55:59) Friendly Amendment to the Motion to change the definition of owner to: Owner includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, or lessee with exclusive possession under a valid lease or rental agreement. 28 Bozeman City Commission Meeting DRAFT MINUTES, August 14, 2017 Page 12 of 15 09:10:25 PM (02:56:37) Discussion Cr. Mehl asked if the definition implies a renter is an owner. The Commission discussed in some detail. 09:14:33 PM (03:00:45) Amendment to the Motion to change Section 8, a. Proof of Operation: proof of operation prior to August 8, 2016. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 09:15:07 PM (03:01:19) Discussion DM Andrus discussed her intent of the grandfathering. Cr. Mehl supports the amendment, as this issue has been going on for a long time, but he prefers the start of the calendar year. Cr. Krauss discussed how much the ordinance has changed in the last few months. He is going to vote no, as the City should govern by effective dates of ordinances. Cr. Pomeroy agrees with the Zoning Commission that STRs do not cause serious problems to neighborhoods. Cr. Mehl supports this from the beginning of the year. Mayor Taylor stated that he voted against the grandfathering clause. He is okay with the January 1, 2017 date. 09:27:55 PM (03:14:07) Deputy Mayor Andrus withdrew the amendment. 09:27:58 PM (03:14:10) Amendment to the Motion to change Section 8, a. Proof of Operation: proof of operation prior to January 1, 2017 to be shown by one or more of the following... Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 09:28:26 PM (03:14:38) Point of Clarification CA Sullivan discussed the intent of this in regards to the effective date. The Commission discussed. 09:30:22 PM (03:16:34) Vote on the Amendment to the Motion to change Section 8, a. Proof of Operation: proof of operation prior to January 1, 2017 to be shown by one or more of the following... The amendment passed 3-2. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Chris Mehl: Approve 29 Bozeman City Commission Meeting DRAFT MINUTES, August 14, 2017 Page 13 of 15 09:30:38 PM (03:16:50) Discussion Continued Cr. Krauss is not voting for this ordinance because of the amendment. Cr. Mehl discussed the iteration of this issue and how we got to this point. DM Andrus supports the motion, as it’s a good compromise. Cr. Pomeroy making money is hard and does not support the motion. Mayor Taylor discussed the phenomenon of STRs. He discussed neighborhood integrity. He discussed that that STRs can take away affordable housing from renters. He discussed having a clause revisiting effectiveness in a year or so. 09:43:48 PM (03:30:00) Vote on the 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, changing the definition of owner to: Owner includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, or lessee with exclusive possession under a valid lease or rental agreement, and changing Section 8, a. Proof of Operation to read: proof of operation prior to January 1, 2017 to be shown by one or more of the following… The motion passed 3-2. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Chris Mehl: Approve 09:44:13 PM (03:30:25) Motion that having provisionally adopted Ordinance 1974, I move to direct staff to bring back a fee resolution and take all other steps necessary to implement short term rental regulations consistent with the provisionally adopted ordinance. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 09:44:31 PM (03:30:43) Discussion Cr. Mehl stated this will be a future point to discuss fees. 09:44:53 PM (03:31:05) Vote on the Motion that having provisionally adopted Ordinance 1974, I move to direct staff to bring back a fee resolution and take all other steps necessary to implement short term rental regulations consistent with the provisionally adopted ordinance. The motion passed 3-2. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve 30 Bozeman City Commission Meeting DRAFT MINUTES, August 14, 2017 Page 14 of 15 Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Chris Mehl: Approve 6. 09:45:08 PM (03:31:20) Staff Recommendation on Strategic Plan Process (D. Taylor)  09:45:12 PM (03:31:24) Staff Presentation ICM Taylor discussed the current state of the Strategic Plan and discussed the action steps determined by staff. He stated this discussion will come back before the Commission on September 11, 2017. 09:48:46 PM (03:34:58) Questions of Staff DM Andrus asked about some missing strategies, and where they went. She was missing 1.4, 2.4, 4.6, 5.3, and 7.5 from the May 15, 2017 document adopted by the Commission. Cr. Krauss stated that he doesn’t see the Commission’s input in this document. Mayor Taylor asked for the difference between ongoing or post-2020. 7. 09:56:55 PM (03:43:07) Appointment to the City Planning Board (Crough)  09:57:12 PM (03:43:24) Motion to appoint John Lavey [to the City Planning Board] to the rest of this term [expiring January 31, 2019]. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 09:57:20 PM (03:43:32) Public Comment There was no public comment. 09:57:29 PM (03:43:41) Vote on the Motion to appoint John Lavey [to the City Planning Board] to the rest of this term [expiring January 31, 2019]. Commissioner - Chris Mehl: 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 8. 09:57:42 PM (03:43:54) Appointment(s) to the Northeast Urban Renewal Board (NURB) (Crough)  09:58:06 PM (03:44:17) Discussion 31 Bozeman City Commission Meeting DRAFT MINUTES, August 14, 2017 Page 15 of 15 Mayor Taylor stated he has not followed up with all involved and will move this item to August 28, 2017. J. 09:58:32 PM (03:44:44) FYI/Discussion 09:58:34 PM (03:44:46) Meeting Extended Mayor Taylor extended the meeting until 10:05 PM. • Clerk Crough reminded the Commission they received their packets in hand for Thursday’s meeting, and reminded all of the special meeting at 6:00 PM on Thursday, August 17, 2017. K. 09:59:13 PM (03:45:25) Adjournment Mayor Taylor adjourned the meeting at 9:59 PM. 32 Page 1 of 4 THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES Thursday, August 17, 2017 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: Assistant City Manager (ACM) Chuck Winn, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough A. 06:03:40 PM (00:04:28) 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. 06:03:49 PM (00:04:37) Pledge of Allegiance and a Moment of Silence C. 06:04:45 PM (00:05:33) Changes to the Agenda Mayor Taylor clarified that this is a work session and described the public comment process for the evening. D. 06:06:05 PM (00:06:53) Public Comment There was no public comment. E. 06:06:31 PM (00:07:19) Action Items 1. 06:06:35 PM (00:07:23) Work Session of the Bozeman City Commission Regarding Proposed Changes to the City’s Zoning, Subdivision, and Other Land Use Regulations (Chapter 38, Bozeman Municipal Code) (known as the “UDC Update”) (Rogers)  06:07:01 PM (00:07:49) Staff Presentation Planner Tom Rogers clarified that this is a work session to initiate the review of the UDC Update. He introduced Bob Bankford from Makers Architecture as the consultant working on the project. Policy and Planning Manager Chris Saunders and Community Development Director Marty Matsen were also present to discuss the item. He discussed the upcoming schedule of hearings, how public comments have been compiled, the public process, and what will not be discussed. 33 Bozeman City Commission Special Meeting DRAFT MINUTES, August 17, 2017 Page 2 of 4 06:14:20 PM (00:15:08) City Attorney CA Sullivan asked for clarification on previously formally reviewed and adopted changes of the last years. 06:18:17 PM (00:19:05) Presentation Continued Mr. Rogers discussed where the updates were available for viewing. Mr. Bankford provided an overview of the approach, considering the Growth Policy implementation, making the code easy to use and administer, balance predictability, and emphasize form. Mr. Rogers discussed the major initiatives of the project. He discussed in further detail the amendments made to date. He explained the organization of the development code. He discussed an overview of the public comment received to date, summarized into daylight plane, organization, driveway and garage design, parking, NCOD relationship, prescriptive design requirements, and the relationship of block frontage with other standards. He summarized two earlier public discussions occurring this day, including a zone edge transition discussion focusing on the NCOD, and the design community discussion focusing on a prescriptive approach, process, and blank wall treatment. He summarized how the Commission should initiate the approach, and three alternatives provided in the staff report. 06:39:47 PM (00:40:35) Questions of Staff Mayor Taylor asked how future discussion would be organized. Staff discussed options. Cr. Mehl discussed how the Planning Board and Zoning Commission addressed their multiple meetings. CA Sullivan clarified that tonight is a work session, and amendments can begin next week. Cr. Krauss asked what actions the Commission could take this evening. Mayor Taylor asked about the process for advising and directing staff. 06:45:52 PM (00:46:40) Public Comment Mayor Taylor opened public comment. 06:46:24 PM (00:47:12) Scott Friemuth, Public Comment Mr. Friemuth discussed Article 5, Building Design. He discussed the unique community and design guidelines, and how this mirrors Boise’s design guidelines. He is concerned that it is difficult to legislate the aesthetic issues that this code does. 06:50:09 PM (00:50:57) Lisa Kirk, Public Comment Ms. Kirk referenced her previous public comment, and discussed setbacks on behalf of Save Bozeman. She discussed a number of issues and options she would propose in the zone edge transition. She requested combining a section with the NCOD process to progress the less contentious parts of the UDC. 06:53:02 PM (00:53:50) Paul Neubauer, Public Comment Mr. Neubauer thanked Mr. Rogers for his work on the project. He referenced the Planning Board’s memo to the Commission. He discussed the zone interfaces and setbacks. Mayor Taylor thanked Mr. Neubauer for his service. 06:57:12 PM (00:58:00) Alan Kirk, Public Comment Mr. Kirk discussed block character and the NCOD, and he’d like to see more block character protections reintroduced into the code. He also asked for more specific transition zones. 07:00:37 PM (01:01:25) Randy Peters, Public Comment Mr. Peters discussed the zone edge transition and the importance of block character. He also requested severing this piece of the UDC to discuss the issue with more time. 34 Bozeman City Commission Special Meeting DRAFT MINUTES, August 17, 2017 Page 3 of 4 07:02:00 PM (01:02:48) Jane Davidson Hoffman, Public Comment Ms. Hoffman spoke as a member of BPAG and referenced position papers the group has submitted. She proposed an amendment to the use of alleys in the area. She asked for amendment that addresses the width of alleys, and something to address traffic issues in the alleys. 07:05:17 PM (01:06:05) Richard Canfield, Public Comment Mr. Canfield discussed the public comments submitted by BPAG, of which he summarized, including ADUs, alleys, and historic preservation. 07:08:32 PM (01:09:20) Heather Grenier, Public Comment Ms. Grenier, representing the HRDC, discussed previous submitted public comments, and encouraged flexibility, diversity, and creativity, as Bozeman grows and affordability becomes a challenge. 07:09:50 PM (01:10:38) Jack Ranieri, Public Comment Mr. Ranieri discussed downtown as a historic district, and how new buildings are out of scale and out of place. He stated he did not agree with increased high density housing downtown. 07:12:16 PM (01:13:04) Questions/Discussion The Commission discussed the process for tonight and upcoming meetings. The Commission discussed whether to proceed, with varying opinions. Cr. Pomeroy asked if the draft was final, and how much was added/removed. She asked how user friendly it was. She asked if the design community was met with. She asked if it was possible to make the document smaller. Staff discussed options in great detail. She asked if signage would be discussed. She asked about the document’s online accessibility. 07:32:07 PM (01:32:55) Reference Time Stamp DM Andrus discussed the necessity of time and length that this project entails, and the importance of this. She liked the idea of discussing transition further. Cr. Krauss discussed that a large document like this removes good judgment, which he would rather require of staff and the Commission. Cr. Mehl discussed the new code sets minimums, which were asked for. Mayor Taylor discussed growth and the demands it’s putting on Bozeman. He discussed balance. He also discussed environmental implications and his preference of building up and density, and walkability. 07:52:43 PM (01:53:31) Reference Time Stamp Mayor Taylor asked what staff would like the Commission to focus on at this point. Staff responded in detail, asking the Commission to look at Articles 1, 2, and 3 for next Thursday’s meeting. Cr. Krauss discussed the use of evaluating code vs. projects the Commission wants. He worries this sets up some projects to fail. He is also concerned parking is left out. Mayor Taylor stated the Downtown Plan will be crucial in this document. DM Andrus discussed process and the Design Review Board, and departures. She asked what protections were put in place regarding block character. The Commission and staff discussed in detail prescriptive code and the NCOD. Cr. Krauss added in considering what the character of the road is as well and the Transportation Plan. Cr. Mehl discussed that the UDC does address transition zones, so this will be discussed. 08:18:48 PM (02:19:36) Discussion Mayor Taylor discussed process for the next meeting, including public comment. CA Sullivan described the public hearing process. The Commission discussed. 35 Bozeman City Commission Special Meeting DRAFT MINUTES, August 17, 2017 Page 4 of 4 F. 08:29:04 PM (02:29:52) FYI/Discussion • The Commission acknowledged there will be a quorum on Saturday, August 19, 2017 from 9:00 AM – 12:00 PM at Bozeman Fire Station 3 for the Firehouse 5K. G. 08:30:07 PM (02:30:55) Adjournment Mayor Taylor adjourned the meeting at 8:30 PM. 36 Page 1 of 6 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, August 21, 2017 THE MEETING RECORDING BEGINS AFTER THE EXECUTIVE SESSION, AT ITEM E. 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: Acting/Assistant City Manager (ACM) Chuck Winn, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough A. 05:30:00 PM - Call to Order – 5:30 PM EARLY START TIME - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 5:30 PM. B. 05:30:30 PM - Pledge of Allegiance and a Moment of Silence C. 05:31:00 PM - Changes to the Agenda Mayor Taylor stated he would hold the executive session for approximately 90 minutes, and then either continue it until finished or resume at the end of the meeting, depending on how it went. D. 05:32:00 PM - Executive Session 1. Work Session to Determine the List of Semi-Finalists for City Manager  05:32:30 Commission Meeting Closed for Privacy Interests The Mayor closed to the public this portion of the meeting pursuant to Sect. 2-3-203(3), MCA, as discussion relates to a matter of individual privacy and the Mayor determined the demands of the individuals’ privacy clearly exceed the merits of public disclosure. The right of individual privacy was not waived by the individuals about whom the discussion pertained. A separate set of minutes have been prepared for the Executive Session. 37 Bozeman City Commission Meeting DRAFT MINUTES, August 21, 2017 Page 2 of 6 07:06:00 PM Commission Recess Mayor Taylor called the Commission into recess until 7:20 PM. 07:21:57 PM (00:10:06) Call to Order Mayor Taylor called the meeting back to order at 7:21 PM. E. 07:22:09 PM (00:10:18) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Approve the Final Plat for the Valley Meadows Major Subdivision and Authorize the Director of Public Works to Execute the Same on behalf of the City of Bozeman (Quasi-Judicial) (Rogers)  3. Authorize the Mayor the Sign the Findings of Fact and Order for Flanders Mill Phase 7 Amended Subdivision Preliminary Plat, Application 17266 (Quasi-Judicial) (Saunders)  4. Authorize the Acting City Manager to Sign a Construction Agreement with Armitage Electric for Parking Lot Lighting at City Hall (Gray)  5. Authorize the Acting City Manager to Sign the Notice of Award to Knife River - Belgrade for the Oak Street Improvements Project from 15th Avenue to 19th Avenue (Murray)  6. Authorize the Acting City Manager to Sign a Memorandum of Agreement with Montana State University to Implement a Drought Communications Research Project (Ahlstrom)  7. Authorize the Acting City Manager to Sign Amendment Number 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) for the Improvement of the Drought Monitoring Tool and Updates and Maintenance to the Web Portal (Ahlstrom)  8. Authorize the Acting City Manager to Sign a Public Access and Utility Easement with Folkvord Investments, LLC for the Bozeman Midtown Urban Renewal District Lighting and Streetscape Project (Fine)  9. Authorize the Acting City Manager to Sign a Public Access and Utility Easement with Insurance Unlimited of Bozeman, LLC for the Bozeman Midtown Urban Renewal District Lighting and Streetscape Project (Fine)  10. Authorize the Acting City Manager to Sign a Public Access and Utility Easement with PDI Investments, LLC for the Bozeman Midtown Urban Renewal District Lighting and Streetscape Project (Fine)  11. Authorize the Acting City Manager to Sign a Public Access and Utility Easement and Memorandum of Understanding with CJ&J, LLC for the Bozeman Midtown Urban Renewal District Lighting and Streetscape Project (Fine)  07:22:14 PM (00:10:23) City Manager Overview ACM Winn provided a brief overview of Consent Items 1-11. 38 Bozeman City Commission Meeting DRAFT MINUTES, August 21, 2017 Page 3 of 6 07:26:00 PM (00:14:09) Public Comment There was no public comment. 07:26:16 PM (00:14:25) Motion and Vote to approve Consent Items 1-11 as submitted. The motion passed 5-0. Deputy Mayor - Cynthia Andrus: 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 F. 07:26:36 PM (00:14:45) Public Comment There was no public comment. G. 07:27:36 PM (00:15:45) Action Items 1. 07:27:39 PM (00:15:48) Resolution 4819, Establishing Rates for Water Service (Donald)  07:27:52 PM (00:16:01) Staff Presentation Finance Director Kristin Donald explained the 2% rate increase, which was discussed during the budget. No public comment was received. 07:28:22 PM (00:16:31) Questions of Staff Cr. Mehl clarified 66 cents, not percent. 07:28:39 PM (00:16:48) Public Comment There was no public comment. 07:28:51 PM (00:17:00) Motion to adopt Resolution 4819, Establishing Rates for Water Service, to increase Water rates by 2% effective on September 1, 2017. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 07:29:04 PM (00:17:13) Discussion Cr. Mehl discussed the intent of increases water rates and supports the motion. Cr. Pomeroy concurred. 07:29:46 PM (00:17:55) Vote on the Motion to adopt Resolution 4819, Establishing Rates for Water Service, to increase Water rates by 2% effective on September 1, 2017. The motion passed 5-0. 39 Bozeman City Commission Meeting DRAFT MINUTES, August 21, 2017 Page 4 of 6 Commissioner - Chris Mehl: 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 2. 07:29:58 PM (00:18:07) Resolution 4820, Establishing Rates for Wastewater Service (Donald)  07:30:09 PM (00:18:18) Staff Presentation Finance Director Kristin Donald explained the 2% rate increase, which was discussed during the budget. No public comment was received. 07:30:40 PM (00:18:49) Public Comment There was no public comment. 07:30:55 PM (00:19:04) Motion to adopt Resolution 4820, Establishing Rates for Wastewater Service, to increase Wastewater rates by 2% effective on September 1, 2017. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 07:31:12 PM (00:19:21) Discussion Cr. Pomeroy reiterated that the increases are needed. 07:31:43 PM (00:19:52) Vote on the Motion to adopt Resolution 4820, Establishing Rates for Wastewater Service, to increase Wastewater rates by 2% effective on September 1, 2017. The motion passed 5-0. Commissioner - I-Ho Pomeroy: 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. 07:31:55 PM (00:20:04) Resolution 4781, Adopting the Midtown Urban Renewal District Action Plan (Fine)  07:32:23 PM (00:20:32) Staff Presentation 40 Bozeman City Commission Meeting DRAFT MINUTES, August 21, 2017 Page 5 of 6 Economic Development Director discussed the proposed Midtown Action Plan. He discussed alignment between this and other City plans, specifically the goals of the Community Plan. He also discussed the 2006 N. 7th Design and Connectivity Plan and aligned goals. He also discussed the 2009 Economic Development Strategy. He finally discussed the Midtown Urban Renewal Plan. He introduced Alysa Pyszka from Leland Consulting. Ms. Pyszka walked through the plan purpose, infrastructure plans, prior public engagement, and the Midtown vision. The purpose is to attract private investment, by providing incentives. She discussed infrastructure plans in detail, including regional infrastructure and private plans. DM Andrus asked if the regional plan is going forward regardless of what happens on the private side. Cr. Pomeroy asked about transportation, and what that would mean for bus systems. She asked if the City will be challenged for infill and density. CA Sullivan answered in detail. She asked who would pay the private investment costs. Cr. Krauss stated that the City would pay for infrastructure investment with TIF money. Cr. Pomeroy asked for the final timeline of reaching the plan’s goals. Cr. Krauss responded that time is of the essence. Cr. Pomeroy asked if this plan will provide housing. Ms. Pyszka discussed the prior public engagement process, building on several other city plans. She walked through a number of images displaying the Midtown vision. 08:00:06 PM (00:48:15) Questions of Staff Cr. Mehl asked about the Department of Transportation’s role in the corridor. Economic Development Specialist David Fine explained the constraints in some detail. Cr. Pomeroy asked about the reduced speed limit. Mayor Taylor asked about shuttling bikes to 8th. DM Andrus asked where this plan will be available online for viewing. Cr. Krauss asked about the timeliness of the plan. He asked about the financing of five-story buildings with mixed uses. He asked if the School Board has been talked to about this. 08:11:58 PM (01:00:07) Public Comment Mayor Taylor opened public comment. 08:12:13 PM (01:00:22) Nolan Campbell, Public Comment Mr. Campbell discussed how these incentives will encourage development. 08:13:12 PM (01:01:21) Motion to adopt Resolution 4781, adopting the Midtown Urban Renewal District Action Plan. Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd 08:13:26 PM (01:01:35) Discussion Cr. Krauss discussed that this has been 14 years in the making, and that time is the essence. The intent of this plan is to encourage development. He discussed having an action team that can help move proposals forward. He further discussed the intent of the action plan. 41 Bozeman City Commission Meeting DRAFT MINUTES, August 21, 2017 Page 6 of 6 DM Andrus also endorses the plan, and likes it because it’s putting something out there and getting it done. Cr. Mehl thanked the staff and consultants for their work, and strongly supports the plan. He appreciates the veining out of multi-modal transportation. He encouraged staff to continue working with the Department of Transportation. He noted the upcoming parking discussion. Cr. Pomeroy thanked those involved in getting this together, and pleased that it will produce more housing and reduces sprawl. Mayor Taylor noted the role of Cr. Krauss in bringing this to fruition. The shift to Economic Development staff has also helped. He discussed the public/private partnership. He remains concerned of the safety issues. 08:30:13 PM (01:18:22) Vote on the Motion to adopt Resolution 4781, adopting the Midtown Urban Renewal District Action Plan. The motion passed 5-0. 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 H. 08:30:27 PM (01:18:36) FYI/Discussion • City Clerk Crough reminded the Commission of the UDC Special Meeting on Thursday at 6:00 PM, and that they were delivered their packets. • Cr. Pomeroy thanked the city for what they are doing with water. • CA Sullivan discussed the January 1, 2017 grandfathering clause for short-term rentals to clarify for the public. • ACM Winn informed the Commission that Neighborhood Coordinator interviews were this Friday. I. 08:34:32 PM (01:22:41) Adjournment Mayor Taylor adjourned the meeting at 8:34 PM. 42 Page 1 of 5 THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES Thursday, August 24, 2017 Mayor - Carson Taylor: Present Deputy Mayor - Cynthia Andrus: Absent 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. 06:01:53 PM (00:05:32) 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. 06:02:02 PM (00:05:41) Pledge of Allegiance and a Moment of Silence C. 06:02:52 PM (00:06:31) Changes to the Agenda There were no changes to the agenda. D. 06:03:02 PM (00:06:41) Authorize Absence – Deputy Mayor Andrus 06:03:07 PM (00:06:46) Motion and Vote to authorize the absence of Deputy Mayor Andrus. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve E. 06:03:25 PM (00:07:04) Public Comment Mayor Taylor opened public comment. 43 Bozeman City Commission Meeting DRAFT MINUTES, August 24, 2017 Page 2 of 5 06:04:26 PM (00:08:05) Chris Clow, Public Comment Mr. Clow spoke in support of detached ADUs. They created a detached ADU to conduct a rental. 06:06:46 PM (00:10:25) Susan Riggs, Public Comment Ms. Riggs, on behalf of the Bozeman Downtown Partnership, reiterated the public comment submitted on August 14th. She highlighted the top ten issues and comments. F. 06:08:17 PM (00:11:56) Action Items 1. 06:08:20 PM (00:11:59) Public Hearing of the Bozeman City Commission Regarding Proposed Changes to the City’s Zoning, Subdivision, and Other Land Use Regulations (Chapter 38, Bozeman Municipal Code) (known as the “UDC Update”) (Rogers)  06:08:35 PM (00:12:14) Procedure Mayor Taylor discussed how public comment would work on an extended item such as this. Public comment procedures were discussed, with public comment happening at each article, which will be discussed at different and determined dates. Staff will discuss one article at a time with important changes. 06:15:21 PM (00:19:00) Staff Presentation Tom Rogers, Senior Planner, joined by Community Development Director Martin Matsen and Policy and Planning Manager Chris Saunders, entered the staff report and public comment into the record. He asked that the Commission make a general motion to allow grammatical and spelling error corrections without individual motions. He discussed the public process, overall themes, the focus of the themes, page numbers, what has been added and changes, and the evolution of the current draft. He discussed the themes of Growth Policy implementation, site plan review criteria and integration of Bozeman Design Objectives, form based codes, and the growing community. He noted the various focuses in updating the document. He discussed the page count in detail. He discussed the completed changes to date. He finally addressed the evolution of the draft and the public’s input. He discussed the seven proposed articles making up the structure of the UDC. The most changes are in Article 3 and 5. He went through each article and described the primary changes for each article. He provided detail of the substantive changes to Article 3 – Zoning Districts and Land Use. Article 4 – Community Design – had a few substantive changes. Article 5 – Project Design – had significant changes. There were both new sections and minor revisions to the existing document. Article 6 – Natural Resource Protection – had no significant changes. Article 7 – Definitions – has changes. 06:40:46 PM (00:44:25) Questions of Staff Cr. Krauss asked how public comment is organized for the Commission’s review. He discussed the need for organization of public comment by subject. He asked how can he consider public comment on the dais without having an index on hand. Cr. Mehl asked about the public comment summaries provided at the end of the staff report. Cr. Pomeroy asked about page 19 of the staff report, Chapter 4 – Community Quality, and its relationship to a later statement of “simplifying community.” She asked about the application to the whole city and not just the entryway corridors, and what is the advantage to doing so. Mr. Saunders further elaborated on the use of overlays. Mayor Taylor asked about the accessibility of public comment topics and assistance from the Clerk’s office. 44 Bozeman City Commission Meeting DRAFT MINUTES, August 24, 2017 Page 3 of 5 Cr. Krauss stated that the Commission still does not have access this evening to the specific public comment, as it’s not presented at the end of the staff report as per usual. 07:06:17 PM (01:09:56) Public Comment Mayor Taylor opened public comment. 07:07:22 PM (01:11:01) Jeanne Wilkinson, Public Comment Ms. Wilkinson commented on Article 3, and whether or not the NCOD should prevail in transitions. She encouraged the Commission to decide the NCOD should prevail over the UDC, but only if the Subchapter 4B discussion includes more public input. 07:10:46 PM (01:14:25) Daryl Behrent, Public Comment Mr. Behrent is concerned of development in mixed-use zones, and the balance of residential vs. commercial, as well as parking in that balance. He asked for a minimum amount of mixed-use. 07:13:38 PM (01:17:17) Nancy Schultz, Public Comment Ms. Schultz discussed the Emerson lawn, seeing no transition zone that would make that acceptable in the area. She believes the B-3 zoning line should be moved. She is worried of losing the historical and open space. 07:15:54 PM (01:19:33) Ben Lloyd, Public Comment Mr. Lloyd recognized the time and effort of staff. As a member of the UDC Advisory Committee, he was surprised by the content of Article 5. He discussed the difficulty of design meeting the code. He suggested a preface of “how to use this code.” 07:18:16 PM (01:21:55) John Hosking, Public Comment Mr. Hosking discussed the greatness of Bozeman, and asked the Commission to demand the very best with this code. It is important to preserve the neighborhoods and character of the town. 07:20:22 PM (01:24:01) Alan Kirk, Public Comment Mr. Kirk stated he has not heard a response from the Commission on severing the zone edge transition from the UDC update. He discussed the usefulness of the public meetings held on the UDC update the previous week. 07:23:43 PM (01:27:22) Randy Peters, Public Comment Mr. Peters stated that citizens need more time to understand the changes to the UDC. He agreed with severing some pieces of these for more time for consideration. 07:26:34 PM (01:30:13) Point of Clarification CA Sullivan asked the intent of further procedure including public comment. 07:28:22 PM (01:32:01) Recess The Commission went into recess until 8:40 PM. 07:49:20 PM (01:52:59) Call to Order Mayor Taylor called the meeting back to order at 7:49 PM. 07:49:32 PM (01:53:11) Motion that having reviewed and considered the application materials, public comment, recommendation of the Zoning Commission, recommendation of the Planning Board, and 45 Bozeman City Commission Meeting DRAFT MINUTES, August 24, 2017 Page 4 of 5 all the information presented, I hereby adopt the findings presented in the staff report for application 15320 and move to approve the zone text amendments as shown in the July 28, 2017 Unified Development Code draft and direct the city manager to return to the commission with an ordinance codifying these text amendments along with other text amendments previously approved by the commission but not yet adopted by ordinance. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 07:50:34 PM (01:54:13) Motion to Table. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 07:50:48 PM (01:54:27) Vote on the Motion to Table. The motion tied 2-2. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Disapprove Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Disapprove 07:51:12 PM (01:54:51) Point of Order Cr. Krauss asked if there are any extraordinary noticing required for the tie-breaking. CA Sullivan explained the procedure. 07:52:42 PM (01:56:21) Discussion Cr. Pomeroy stated she seconded the motion because the issue is so complex, and more time is needed to understand and discuss. Cr. Krauss stated he would like to suspend the rules in the future to allow the Commission to access only the public comments using a computer. He expressed that he will try to get a binder of collated comments for future meetings. Mayor Taylor discussed different ways to allow viewing of online public comment. CA Sullivan explained using electronics at the meeting in detail. Cr. Mehl asked when the Commission will next see this. 08:05:03 PM (02:08:42) Mayor Taylor continued the session until September 7th at 6:00 PM. G. 08:05:35 PM (02:09:14) FYI/Discussion • Cr. Krauss asked about the Swim Center bulkhead. • Community Development Director Martin Matsen stated he will try to pull together another public meeting to discuss Article 5 on September 7th. CA Sullivan recommended that it not happen until after DM Andrus’s decision. H. 08:11:44 PM (02:15:23) Adjournment 46 Bozeman City Commission Meeting DRAFT MINUTES, August 24, 2017 Page 5 of 5 Mayor Taylor adjourned the meeting at 8:11 PM. 47 Page 1 of 16 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, August 28, 2017 Mayor - Carson Taylor: Present Deputy Mayor - Cynthia Andrus: Absent 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. 06:00:34 PM (00:02:29) 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. 06:00:45 PM (00:02:40) Pledge of Allegiance and a Moment of Silence C. 06:01:31 PM (00:03:26) Changes to the Agenda There were no changes to the agenda. D. 06:01:36 PM (00:03:31) Authorize Absence - Deputy Mayor Andrus 06:01:39 PM (00:03:34) Motion and Vote to authorize the absence of Deputy Mayor Andrus. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve E. 06:01:53 PM (00:03:48) Public Service Announcements 48 Bozeman City Commission Meeting DRAFT MINUTES, August 28, 2017 Page 2 of 16 1. No City Commission Meeting on Monday, September 4, 2017 and Closure of City Offices (Crough) City Clerk Crough notified the Commission that there was no Commission meeting on Monday, September 4th in observance of Labor Day, and that City offices will be closed. F. 06:02:40 PM (00:04:35) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Approve the Request for Cash-in-lieu of Parkland Dedication for the Midtown Apartments Site Plan, Located at 511 West Peach Street, Application 17275 (Quasi-Judicial) (Krueger)  3. Authorize the Interim City Manager to Sign a Memorandum of Understanding with the Montana Department of Natural Resources and Conservation Providing for the Installation and Maintenance of a Real-Time Streamflow Gage on Bozeman Creek (Heaston)  4. Authorize the Interim City Manager to Sign a Storm Drain Easement with Darlinton Manor HP/HRDC Limited Partnership for Parcel Number 1 and a Storm Drain Easement with George E. Westlake and D.K. Martinen, LLC. for Parcel Number 2 for the North 4th Avenue Stormwater Pipe Project (Mehrens)  5. Authorize the Interim City Manager to Sign the Notice of Award to Highland Construction Services LLC for the 2017 Baxter Lane Improvements Project (Murray)  6. Authorize the Interim City Manager to Sign Task Order Number 3 to the Professional Services Agreement with DOWL, LLC for the Bozeman Sports Park Project (Poissant)  7. Authorize the Fiscal Year 2017 Edward Byrne Memorial Justice Assistance Grant Application Submittal to the Bureau of Justice for 2017 Diversity in Response Improvements (McLane)  06:02:44 PM (00:04:39) City Manager Overview ICM Taylor provided a brief overview of Consent Items 1-7. 06:05:07 PM (00:07:02) Public Comment Mayor Taylor opened public comment. 06:05:24 PM (00:07:19) Brent Zendel, Public Comment Mr. Zendel, a hydrologist with the DNRC, spoke in support of the MOA with the DNRC on tonight’s consent agenda. He spoke of collaboration between the City and the DNRC. 06:08:31 PM (00:10:26) Motion and Vote to approve Consent Items 1-7 as submitted. The motion passed 4-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve 49 Bozeman City Commission Meeting DRAFT MINUTES, August 28, 2017 Page 3 of 16 Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve G. 06:08:50 PM (00:10:45) Public Comment Mayor Taylor opened public comment. 06:09:41 PM (00:11:36) Jerry Pape, Public Comment Mr. Pape spoke as a representative of the City Planning Board, and discussed the UDC process, specifically that the UDC is coming before the Growth Policy, which needs to be updated from 2009. He spoke of HRDC projects. 06:13:16 PM (00:15:11) Bill Clem, Public Comment Mr. Clem owns Curbspace, and invited the Commission to the grand reveal of an electric charging station on September 13th at 4:30 PM on 810 North Wallace. He spoke of electric mobility and climate change. H. 06:16:38 PM (00:18:33) Mayoral Proclamation 1. Proclamation of Acceptance and Implementation of the AARP and World Health Organization's Global Network of Age-Friendly Cities and Communities  Mayor Taylor read a proclamation regarding AARP’s Age-Friendly Cities and Communities. The representative of AARP presented the City with the first designation in the state of Montana and presented the team. I. 06:21:48 PM (00:23:43) Action Items 1. 06:21:54 PM (00:23:49) 514 North Tracy Home-Based Business Conditional Use Permit, Application 17284 (Quasi-Judicial) (Boughan)  06:22:20 PM (00:24:15) Staff Presentation Planner Andrew Boughan entered the staff report into the record and presented the CUP application for a home-based business. He described the existing site and the need for the CUP. He discussed the criteria for evaluation. There was no public comment, and DRC recommended approval. 06:24:47 PM (00:26:42) Questions of Staff Mayor Taylor asked if the CUP ran with the land or with the business. CA Sullivan clarified that CUPs run with the land unless specific findings were made otherwise. Mayor Taylor asked if a vehicle would still park in the garage, and general parking requirements, and whether there was an increase in traffic. He asked if the conditions detailed what type of home-based business. 50 Bozeman City Commission Meeting DRAFT MINUTES, August 28, 2017 Page 4 of 16 06:28:04 PM (00:29:59) Applicant Presentation Lisa Easton thanked the City and the Community Development staff for the review process. 06:28:59 PM (00:30:54) Questions of Applicant Cr. Mehl asked the applicant if they were okay with all conditions. 06:29:24 PM (00:31:19) Public Comment There was no public comment. 06:29:39 PM (00:31:34) 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 17284 and move to approve the 514 North Tracy Home-Based Business Conditional Use Permit with conditions and subject to all applicable code provisions. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 06:30:05 PM (00:32:00) Discussion Cr. Krauss discussed this was reasonable. Cr. Mehl agreed with the motioner and staff report. Mayor Taylor described his concern of CUPs surviving the owner vs. property. He discussed on-street parking. He discussed the potential of having this CUP run with the owner instead of property. 06:32:37 PM (00:34:32) 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 17284 and move to approve the 514 North Tracy Home-Based Business Conditional Use Permit with conditions and subject to all applicable code provisions. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 2. 06:32:49 PM (00:34:44) Amended Plat of Lot 7, Block 41, Northern Pacific Addition Minor Subdivision Preliminary Plat, Application 17273 (Quasi-Judicial) (Jadin)  06:33:21 PM (00:35:16) Staff Presentation Planner Addi Jadin entered the staff report into the record with an amended map distributed. She discussed the amended plat and subject property configuration, noting a correction. She demonstrated 51 Bozeman City Commission Meeting DRAFT MINUTES, August 28, 2017 Page 5 of 16 the current and proposed future land use. She discussed the review criteria. There was no public comment, and staff recommends approval. 06:38:44 PM (00:40:39) Questions of Staff Cr. Mehl asked about the conditions to waive the right to protest for a parks maintenance district. He asked about a discrepancy with the nearby possibly failing intersection. Engineer Shawn Kohtz described the waiver granted. He asked if the property was zoned R-2. 06:40:50 PM (00:42:45) Applicant Presentation The applicant was not present. 06:41:20 PM (00:43:15) Public Comment There was no public comment. 06:41:53 PM (00:43:48) Point of Clarification CA Sullivan explained the need to continue this item. Future dates were discussed. Cr. Krauss asked staff to get ahold of the applicant for the end of the evening. 08:01:27 PM (02:03:22) Public Hearing Reopened Mayor Taylor reopened the public hearing. 08:01:47 PM (02:03:42) Applicant Presentation Applicant Julian Morice stated he was available for questions. 08:02:15 PM (02:04:10) Questions of Applicant Cr. Mehl asked the applicant what his plans for the land were. He asked if he was okay with the conditions of the staff report. Cr. Pomeroy asked about his plans. 08:03:40 PM (02:05:35) Public Comment There was no public comment. 08:03:54 PM (02:05:49) 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 17273 and move to approve the Amended Plat of Lot 7A, Block 41, Northern Pacific Addition Minor Subdivision with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 08:04:25 PM (02:06:20) Discussion Cr. Pomeroy stated this was logical. 52 Bozeman City Commission Meeting DRAFT MINUTES, August 28, 2017 Page 6 of 16 Cr. Krauss thought more lots downtown in a responsible way were always a good idea. Cr. Mehl agrees and supports the conditions. 08:05:27 PM (02:07:22) 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 17273 and move to approve the Amended Plat of Lot 7A, Block 41, Northern Pacific Addition Minor Subdivision with conditions and subject to all applicable code provisions. The motion passed 4-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 3. 06:43:48 PM (00:45:43) Resolution 4821, Establishing and Affixing the Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property Situated within the Corporate Jurisdictional Boundaries of the City for Fiscal Year 2017-2018 (FY18) (Rosenberry)  06:44:10 PM (00:46:05) Staff Presentation Assistant City Manager Anna Rosenberry discussed the changes in the city’s valuation / tax base. There was a significant increase due to new construction and the reappraisal of market value of property. She discussed tax base changes. She noted the calculated maximum levy and the number of mills that correlated. The recommended levy is 189.33 mills, for $19,158,747, which leaves 15.97 mills not levied. This is a 7.6% reduction in the levy from last year. She discussed what this meant for the median residential property, and the fiscal effect on the median residential property. She also discussed the current General Fund Reserve. She noted an estimated $1.2M in General Fund carry-over. No public comment has been received. 06:58:25 PM (01:00:20) Questions of Staff Cr. Pomeroy asked if there was any way to make the included calculations easier. She asked if this meant tax rates were being raised. Cr. Krauss clarified that the city did not get any additional new construction money. He asked if it was always the case that the new median is typically different than the old median, and asked if the analysis is causing the $80 change. Cr. Mehl asked about the two hearings noticed this evening and what was within their authority to act this evening. Mayor Taylor asked about the additional burden that now falls on residential. He asked about Gallatin County’s levy for the 911 system. She discussed Department of Administration changes that affect the mills. He asked if there was a way to levy the median from 2 years ago at zero. He asked about the property appeal process from residents. 53 Bozeman City Commission Meeting DRAFT MINUTES, August 28, 2017 Page 7 of 16 Cr. Krauss asked about the calculations for a $292,000 residents. 07:23:44 PM (01:25:39) Public Comment There was no public comment. 07:24:14 PM (01:26:09) Motion to adopt Resolution 4821, Establishing and Affixing the Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property Situated within the Corporate Jurisdictional Boundaries of the City for Fiscal Year 2017-2018 (FY18). Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 07:24:33 PM (01:26:28) Amendment to the Motion to cut the all purpose mill levy by 2 mills. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 07:24:54 PM (01:26:49) Discussion Cr. Mehl discussed the cut because of the additional almost $500,000, which reduces the tax burden. Cr. Krauss is on the fence, and discussed the reserve vs. the typical median homeowner impact. Cr. Pomeroy agreed with Cr. Krauss. Mayor Taylor discussed the speculation behind the valuation. He discussed the increase that some will inherently experience. He wanted to add to the budget, but it won’t come from an increase in the tax base over 4%. He discussed the reserve. 07:34:57 PM (01:36:52) Vote on the Amendment to the Motion to cut the all purpose mill levy by 2 mills. The amendment passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 07:35:08 PM (01:37:03) Discussion Cr. Mehl discussed his interest in a possible future budget amendment. Cr. Pomeroy thanked staff and was please the mill value increased. If there is additional money, she would like to pay off the bond. Cr. Krauss discussed the effect on the typical homeowner, and that this funds the City Manager’s recommended budget. He discussed that any extra money belongs to the taxpayer. He will vote for this since it’s the City Manager’s recommendation. 54 Bozeman City Commission Meeting DRAFT MINUTES, August 28, 2017 Page 8 of 16 Mayor Taylor supports the motion, finding the commercial/residential valuation switch odd. He stated that the increases to the fees and assessments should level out to inflation in the future. 07:47:19 PM (01:49:14) Vote on the Main Motion as Amended to adopt Resolution 4821, Establishing and Affixing the Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property Situated within the Corporate Jurisdictional Boundaries of the City for Fiscal Year 2017-2018 (FY18), cutting the all purpose mill levy by 2 mills. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 07:47:41 PM (01:49:36) Recess Mayor Taylor called the Commission into recess until 8:00 PM. 08:01:03 PM (02:02:58) Call to Order Mayor Taylor called the Commission back to order at 8:01 PM. 4. Resolution 4822, Amending the City’s Annual Budget to Include Items to be Funded with Property Tax Revenues that Exceed our Budgeted Property Tax Estimates (Rosenberry)  5. 08:06:09 PM (02:08:04) Appeal of the Administrative Project Decision 17365 for the Links Condominiums, Application 16374 (Quasi-Judicial) (Krueger)  08:06:23 PM (02:08:18) Process CA Sullivan explained the appeal hearing process. He discussed what constituted evidence and how to review the findings. He specified what is not on the table this evening. The Commission discussed the process in some detail. 08:13:31 PM (02:15:26) Staff Presentation Development Review Manager Brian Krueger presented the appeal of a site plan approval. The site plan is at 2411 Birdie Drive, the property owner/applicant is Golf Course Partners, and the Community Development Director approved the project in July 2017. Mr. Krueger discussed an off-site required easement. He discussed the nature of the appeal, brought by appellant Thomas Murphy with Bridger Center, LLC, discussing a required street extension to undeveloped land, that this site plan would prevent happening to his property. He discussed the public notice and the public comment received. He discussed the Commission’s three options this evening. 08:26:13 PM (02:28:07) Questions of Staff 55 Bozeman City Commission Meeting DRAFT MINUTES, August 28, 2017 Page 9 of 16 Cr. Krauss asked if any comparable decisions have been made in the past concerning not granting access to undeveloped land. He asked about the general support of the use of cul-de-sacs. Cr. Mehl asked if we would allow a current development with one road access. Drive access was discussed in detail. He asked why an easement was required but not access. Mayor Taylor asked about a cul-de-sac vs. a private drive access. He asked about potential access points for the appellant. Cr. Krauss asked about the turnaround in the subject property. He asked if there are prohibitions in code for land-locking undeveloped property. 08:47:11 PM (02:49:06) Appellant Presentation Alanna Griffith discussed street connectivity and its application to the project. She defined the Links condominiums as a development, street access is required, and that the application should be amended or denied. She discussed health, safety, and welfare necessities. 08:53:41 PM (02:55:36) Questions of Appellant Cr. Mehl asked when the property as acquired. Mayor Taylor asked when Boylan Road was built, and the ownership of the easement property. 08:57:04 PM (02:58:59) Owner Presentation Susan Swimley, representing Golf Course Partners, clarified the property ownership in the area. She discussed the conflicting ownership and the relevant requirements for the property. Golf Course Partners does not have the authority to force easements. She reiterated that the Commission is reviewing whether this development meets City rules only, not potential other development. She stated it is not reasonable for this one lot to provide access to an adjacent but not annexed property. 09:06:51 PM (03:08:46) Questions of Owner Cr. Krauss asked about looking at a 2007 plan using 2017 rules. Cr. Pomeroy asked about the history of the site plan approval and infrastructure building. Cr. Mehl asked if she was saying that the site plan expiring is immaterial. He asked if it’s common for a road to reduce density. He asked why the easement property couldn’t be a road. Mayor Taylor where streets vs. access comes into play. 09:19:43 PM (03:21:38) Proponents of Appeal There were no proponents. 09:20:15 PM (03:22:10) Opponents of Appeal There were no opponents. 09:20:25 PM (03:22:20) General Public Comment 09:20:36 PM (03:22:31) Tom Starner, Public Comment Mr. Starner discussed that anything that happens in this lot should have happened in the initial site plan. 56 Bozeman City Commission Meeting DRAFT MINUTES, August 28, 2017 Page 10 of 16 09:22:59 PM (03:24:54) Debra Damer, Public Comment Ms. Damer, on the Golf Course Partners Board of Directors, stated that the undeveloped land has no plans. She discussed tension with the City for delaying closing the landfill. 09:25:26 PM (03:27:21) Point of Order Cr. Krauss asked if Ms. Damer should have been classified as an opponent. 09:26:38 PM (03:28:33) Tom Murphy, Public Comment Mr. Murphy, owner of the Bridger Center property, stated if access was granted, he would annex the property. He emphasized the second entrance is a matter of safety. 09:27:51 PM (03:29:46) Bob Trumblick, Public Comment Mr. Trumblick is an owner of one of the condos, and he opposes this appeal, as he may lose market value if the rules change. 09:28:56 PM (03:30:51) Questions of Staff Cr. Krauss asked what the Links Condominium owners bought if the site plan expired. CA Sullivan explained in detail. Mayor Taylor asked about changing declarations or site plans. Cr. Mehl asked if dual access was also not required in 1995. Mr. Krueger answered in detail. 09:34:02 PM (03:35:57) Appellant Rebuttal Alanna Griffith stated only four units have been declared. She described the declaration and site plan process in detail, including its staging. She discussed the many different definitions of streets in code. She discussed that access such as this would be reasonable. She discussed that Engineering was not looking at this as a clean slate. 09:39:20 PM (03:41:15) Point of Clarification Mr. Krueger provided additional detail on street definitions. 09:40:54 PM (03:42:49) Questions of Staff Cr. Krauss asked about street connections in code, and if street stubs get created because of this. Cr. Pomeroy asked about the expiration of the 2007 site plan. 09:45:00 PM (03:46:55) Discussion Cr. Pomeroy asked about the Commission’s decision authority this evening. Mayor Taylor discussed the authority of the City to demand this infrastructure. He discussed whether this was reasonable. Cr. Krauss stated this discussion should be “what would we have done,” and he would have required access. Cr. Mehl agrees with Cr. Krauss, and reiterated that this is about public safety. He would support an 57 Bozeman City Commission Meeting DRAFT MINUTES, August 28, 2017 Page 11 of 16 amendment contingent access is provided. Cr. Pomeroy believes the site plan is still valid, and the decision should be upheld. 10:00:18 PM (04:02:13) Meeting Extended Mayor Taylor extended the meeting to 10:30 PM. 10:00:27 PM (04:02:22) Discussion Continued Mayor Taylor reiterated this is a reasonableness question. 10:03:31 PM (04:05:26) Point of Clarification CA Sullivan asked the Commission if they want to draft the condition this evening, or bring it back. The Commission discussed what they would ask staff to come back with for condition language. 10:09:20 PM (04:11:15) Discussion Continued Cr. Mehl discussed making the approval contingent on providing access. 10:10:10 PM (04:12:05) Motion to amend approval of this project to modify the condition to require a second street-like access to the property to be defined by staff. Commissioner - Chris Mehl: Motion 10:10:42 PM (04:12:37) Motion failed due to lack of second. 10:10:42 PM (04:12:37) Motion to amend approval to require access to the undeveloped land to allow the suitable development of the adjoining undeveloped land. Commissioner - Jeff Krauss: Motion 10:11:10 PM (04:13:05) Motion failed due to lack of second. 10:11:29 PM (04:13:24) Discussion Continued Cr. Krauss stated that they are asking staff to come back with an amendment for the suitable development of adjoining land. Cr. Mehl asked if the secondary fire access should be drivable by the public or for just safety vehicles. 10:14:14 PM (04:16:09) Point of Clarification CA Sullivan stated that they can continue this to a date certain, and request the attorney draft a condition for the review to adopt by motion amending it. 10:15:42 PM (04:17:37) Motion to continue the hearing until such a time the City Attorney and appropriate staff can draft an amendment to provide access to the undeveloped land reasonably that would allow suitable development of that adjoining undeveloped land. 58 Bozeman City Commission Meeting DRAFT MINUTES, August 28, 2017 Page 12 of 16 Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 10:17:07 PM (04:19:02) Discussion CA Sullivan discussed how staff will interpret the motion. 10:17:41 PM (04:19:36) Vote on the Motion to continue the hearing until such a time the City Attorney and appropriate staff can draft an amendment to provide access to the undeveloped land reasonably that would allow suitable development of that adjoining undeveloped land. The motion passed 3-1. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Chris Mehl: Approve 10:17:55 PM (04:19:50) Discussion The Commission and CA Sullivan discussed when this will return, including notice. 6. 10:18:51 PM (04:20:46) Resolution 4840, Amending the City's Annual Budget for Wastewater Fund Appropriations for the Fiscal Year Ending June 30, 2018 for the Water Reclamation Facility (WRF) Small Works Project Number 1 (Donald)  10:19:11 PM (04:21:06) Staff Presentation Kristin Donald, Finance Director, discussed the budget amendment necessary due to bids that came in high. This will be covered by cash on hand, and no public comment has been received. 10:19:41 PM (04:21:36) Questions of Staff Cr. Mehl asked about the digester issue. Engineer Brian Heaston stated this does not relate to digester number 3. He asked why digesters 1 and 2 needed this at this point. Mr. Heaston responded this is on a cycle. The equipment was discussed in detail. 10:23:12 PM (04:25:07) Public Comment There was no public comment. 10:23:20 PM (04:25:15) Motion to adopt Resolution 4840, Amending the City's Annual Budget for Wastewater Fund Appropriations for the Fiscal Year Ending June 30, 2018 for the Water Reclamation Facility (WRF) Small Works Project Number 1. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 59 Bozeman City Commission Meeting DRAFT MINUTES, August 28, 2017 Page 13 of 16 10:23:42 PM (04:25:37) Discussion Cr. Mehl discussed the necessity. Cr. Pomeroy agreed it was necessary. Cr. Krauss supports the motion. Mayor Taylor supports the motion. 10:24:32 PM (04:26:27) Vote on the Motion to adopt Resolution 4840, Amending the City's Annual Budget for Wastewater Fund Appropriations for the Fiscal Year Ending June 30, 2018 for the Water Reclamation Facility (WRF) Small Works Project Number 1. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 7. 10:24:42 PM (04:26:37) Authorize the Interim City Manager to Sign the Notice of Award to Williams Brothers Construction for the Water Reclamation Facility (WRF) Small Works Project Number 1 (Heaston)  10:24:59 PM (04:26:54) Staff Presentation Project Engineer Brian Heaston discussed the notice of award for the contract that was contingent on the previous budget amendment. 10:25:16 PM (04:27:11) Questions There were no questions of staff. 10:25:23 PM (04:27:18) Public Comment There was no public comment. 10:25:35 PM (04:27:30) Motion to direct the Interim City Manager to sign the Notice of Award for the Water Reclamation Facility Small Works Project No. 1 to Williams Brothers Construction for Bid Items No. 1, 3, 4, 5, and 6, in the amount of eight hundred thirty eight thousand, eight hundred dollars, and exclude Bid Item No. 2 from the award. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 10:26:01 PM (04:27:56) Discussion Cr. Mehl supports the motion. 60 Bozeman City Commission Meeting DRAFT MINUTES, August 28, 2017 Page 14 of 16 10:26:18 PM (04:28:13) Vote on the Motion to direct the Interim City Manager to sign the Notice of Award for the Water Reclamation Facility Small Works Project No. 1 to Williams Brothers Construction for Bid Items No. 1, 3, 4, 5, and 6, in the amount of eight hundred thirty eight thousand, eight hundred dollars, and exclude Bid Item No. 2 from the award. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 8. 10:26:28 PM (04:28:23) Transportation Improvements Policy Discussion (Woolard)  10:27:03 PM (04:28:58) Meeting Extended Mayor Taylor extended the meeting to 11:00 PM. 10:27:10 PM (04:29:05) Staff Presentation Assistant City Manager Chuck Winn provided an introduction of the moving parts of this discussion. He discussed the successes the City has made recently, and noted that the impact fee study will be happening shortly. Public Works Director Craig Woolard discussed the transportation system funding and planning improvements made. He discussed the challenge of growth continuing to stress the system. He discussed the existing level of service intersections. He discussed the current policy, required by the UDC. He discussed the ability of the Commission to provide a waiver, or the cash-in-lieu option available for developers. He discussed the delay standard that sets the level of service. He displayed a map showing different priorities for time and CIP inclusion. He discussed some tangible accomplishments. He discussed the challenges, specifically that improvements cannot meet the rate of growth. He discussed the implications for development. He recommends that the level of service stand be replaced, and to look at a study to look at other ways to evaluate this problem. He suggested a completeness standard. 10:45:16 PM (04:47:11) Questions of Staff Cr. Krauss asked about the Kagy and 7th intersection. He asked about some intersections that MDT has prevented improvements. He asked if there was a consideration for the direction of traffic. He asked how to solve the equity issue. Cr. Pomeroy asked if the current policy of a level of C is good. She asked why some intersections are F. 10:57:52 PM (04:59:47) Meeting Extended Mayor Taylor extended the meeting to 11:20 PM. 10:57:55 PM (04:59:50) Discussion Continued 61 Bozeman City Commission Meeting DRAFT MINUTES, August 28, 2017 Page 15 of 16 Cr. Pomeroy asked Mr. Woolard to further explain the fairness issue. Cr. Mehl asked if the current impact fee study agreement would need to be amended. Cr. Mehl asked how much of the City’s infrastructure spending is from impact fees. He asked what the timeframe would be for a policy recommendation before this body. Policy and Planning Manager Chris Saunders responded regarding the timeline. Cr. Krauss asked why we couldn’t reduce the half mile, and distinguish between undeveloped and developed. He and Dr. Woolard discussed the balance between funding and improvements. Assistant City Manager Anna Rosenberry cautioned the Commission away from making a change on the standard without understanding the impact on impact fees. The only immediate solution she sees is a quick approach to the CIP and impact fee study. 11:14:49 PM (05:16:44) Meeting Extended Mayor Taylor extended the meeting to 11:45 PM. 11:15:09 PM (05:17:04) Public Comment Mayor Taylor opened public comment. 11:15:16 PM (05:17:11) Tom Starner, Public Comment Mr. Starner discussed small development vs. lot development. The solution is to make a change of what the Commission is trying to address. 11:18:29 PM (05:20:24) Mark Eggy, Public Comment Mr. Eggy stated the code restrictions are preventing development. He suggested the City consider the developer must implement transportation strategies to mitigate or offset increased trips. 11:21:34 PM (05:23:29) Keith Redford, Public Comment Mr. Redford discussed a separation from development vs. infill. Changing the level of service for a period of time will help. 11:23:21 PM (05:25:16) Kevin Hubley, Public Comment Mr. Hubley discussed that this current policy costs money as it prevents development. 11:26:11 PM (05:28:06) Discussion Cr. Mehl discussed this is a large problem that many feel. He discussed the importance of the impact fee study. He discussed impact fees in detail. Cr. Pomeroy agreed with Cr. Mehl, and asked developers to be patient. Cr. Krauss stated that half a mile and a level of service C are both arbitrary. He discussed that he wants to make a clearer definition to allow small builds. He agreed to do the CIP ASAP. He stated many intersections have been solved, so why can’t it be solved anymore. He stressed infill and equity. Mayor Taylor discussed the need to upgrade vs. the need for development in limited areas. He stated he would like to see staff look into the difference between development and infill. He agreed to move up the CIP. He asked for staff to weigh in on safety related issues. 62 Bozeman City Commission Meeting DRAFT MINUTES, August 28, 2017 Page 16 of 16 11:43:08 PM (05:45:03) Meeting Extended Mayor Taylor extended the meeting to 11:55 PM. 9. 11:43:19 PM (05:45:14) Appointment(s) to the Bozeman Area Bicycle Advisory Board (BABAB) (Crough)  11:43:37 PM (05:45:32) Motion and Vote to appoint Tawnya Healy and Andrew Brechbuhler to the [Bozeman Area Bicycle Advisory Board to two vacant] at-large voting positions [expiring on December 31, 2018]. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 10. 11:44:01 PM (05:45:56) Appointment(s) to the Northeast Urban Renewal Board (NURB) (Crough)  11:44:07 PM (05:46:02) Motion and Vote to appoint M. Ethan Barlow to a non-voting position with a term ending July 31, 2021 and Nolan Campbell to a non-voting position with a term ending July 31, 2020 [to the Northeast Urban Renewal Board]. The motion passed 4-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve J. 11:45:00 PM (05:46:55) FYI/Discussion • ICM Taylor and the Commission discussed the materials for the September 7th meeting. K. 11:45:47 PM (05:47:42) Adjournment Mayor Taylor adjourned the meeting at 11:45 PM. 63