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Home My WebLink About08-14-17 City Commission Minutes Q�f�► Co.wnd 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. Page 1 of 16 Bozeman City Commission Meeting Final Minutes,August 14,2017 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) W12a 2. Approval of Depository Bonds and Pledged Securities as of June 30, 2017(Clark) CZ] 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) a 5. Resolution 4815, Adoption of the Bozeman Pond Park Expansion Master Plan (Poissant) a 6. Resolution 4837,Creating an Annual Transfer from the Parking Services Operating Reserve to the Parking Services Long Term Maintenance Reserve(Meece) - a 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. Page 2 of 16 Bozeman City Commission Meeting Final Minutes,August 14,2017 06:23:14 PM (00:09:26) Public Comment There was no public comment. 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 • F� 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. Page 3 of 16 Bozeman City Commission Meeting Final Minutes,August 14,2017 06:36:39 PM (00:22:51)Shavonne Gilmarten,Public Comment 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. MaYeFall 1, Navy Week 14. 1 Navy\A ee-k 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) • p 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. Page 4 of 16 Bozeman City Commission Meeting Final Minutes,August 14,2017 06:45:57 PM (00:32:09)Jeanne Wilkinson,Public Comment 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 Page 5 of 16 Bozeman City Commission Meeting Final Minutes,August 14,2017 days. 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 413 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 413 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) a 07:16:27 PM (01:02:39)Staff Presentation Page 6 of 16 Bozeman City Commission Meeting Final Minutes,August 14,2017 Finance Director Kristin Donald discussed the assessment and monetary increases. 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 FY2018,making the assessment rate$0.025506 per assessable square foot. The motion passed 5-0. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd Manor-Carson Taylor:Approve Deputy Mayor-Cvnthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 3. 07:27:02 PM (01:13:14) Resolution 4817, Establishing a 63% Increase to Arterial & Collector Street Maintenance District Assessments for Fiscal Year 2018(FY18) (Donald) -a 07:27:22 PM (01:13:34)Staff Presentation Finance Director Kristin Donald discussed that the totals collected and the assessment for the average residential lot. 07:28:06 PM (01:14:18)Questions of Staff Page 7 of 16 Bozeman City Commission Meeting Final Minutes,August 14,2017 Cr. Mehl asked for next year's estimate. 07:28:47 PM (01:14:59) Public Comment There was no public comment. 07:29:10 PM (01:15:22)Motion to adopt Resolution 4817, establishing a 63%increase in Arterial and Collector Street Maintenance District Assessments for FY 2018,making the assessment rate$.008900 per assessable square foot. DeputV 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 FY2018, making the assessment rate$.008900 per assessable square foot. DeputV Mayor-Cynthia Andrus: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 4. 07:36:26 PM (01:22:38) Resolution 4818, Establishing a 15% Increase to Tree Maintenance District Assessments for Fiscal Year 2018(FY18) (Donald) _x'_a 07:36:38 PM (01:22:50) Recusa) Cr. Krauss recused himself of this vote due to a family member in the department. 07:37:07 PM (01:23:19)Staff Presentation Finance Director Kristin Donald discussed the total collection for this district and the annual assessment. Parks, Recreation, Forestry, and Cemetery Director Mitch Overton discussed what the assessment will be next year. Page 8 of 16 Bozeman City Commission Meeting Final Minutes,August 14,2017 07:38:13 PM (01:24:25)Questions of Staff Cr. Mehl asked about the maximum assessment. 07:38:44 PM (01:24:56) Public Comment Mayor Taylor opened public comment. 07:38:54 PM (01:25:06)Clara Pinkus Public Comment Ms. Pinkus noted the importance of this assessment to be ready for the emerald ash borer. 07:39:37 PM (01:25:49)Motion to adopt Resolution 4818,establishing a 15%increase in Tree Maintenance District Assessments for FY 2018 making the assessment rate$.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 1016 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) "1.t4- 07:54:14 PM (01:40:26)Staff Presentation Page 9 of 16 Bozeman City Commission Meeting Final Minutes,August 14,2017 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 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. Page 10 of 16 Bozeman City Commission Meeting Final Minutes,August 14,2017 08:41:41 PM (02:27:53)Marilee Brown,Public Comment 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. Page 11 of 16 Bozeman City Commission Meeting Final Minutes,August 14,2017 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. 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 Page 12 of 16 Bozeman City Commission Meeting Final Minutes,August 14,2017 Commissioner-Jeff Krauss: Disapprove Commissioner- I-Ho Pomeroy: Disapprove Commissioner-Chris Mehl:Approve 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 1974,1 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 1974,1 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. Page 13 of 16 Bozeman City Commission Meeting Final Minutes,August 14,2017 Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve 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) ~ GZ 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) . a 09:57:12 PM (03:43:24)Motion to appoint John Lavey Ito 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 Page 14 of 16 Bozeman City Commission Meeting Final Minutes,August 14,2017 8. 09:57:42 PM (03:43:54) Appointment(s) to the Northeast Urban Renewal Board (NURB) (Crough) , a 09:58:06 PM (03:44:17) Discussion 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. Carson Taylor Mayor ATTEST: .� O . . .R2�,� �■ L'_� '—:� .f-V{ ■Z Robin Crough '` 9�• . 1883 , T,• City Clerk co. PREPARED BY: Robin Crough City Clerk Page 15 of 16 Bozeman City Commission Meeting Final Minutes,August 14,2017 Approved on: --r Page 16 of 16