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HomeMy WebLinkAbout11-13-17 City Commission Packet Materials - M1. Minutes Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Robin Crough, City Clerk Andrea Surratt, City Manager SUBJECT: Approve the Regular Meeting Minutes from June 19, October 9, October 16, October 23, and October 30, 2017, Special Meeting Minutes from October 18, 2017, and User Access to Linked Minutes MEETING DATE: November 13, 2017 AGENDA ITEM TYPE: Minutes NOTE: For PCs, your internet browser must be Internet Explorer Version 10 or higher. Google Chrome, Firefox or Safari all work as well. To view the video and the minutes of June 19, 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 October 9, 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 October 16, 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 October 18, 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 October 23, 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 October 30, 2017 that are linked to the video please click here (minutes are located by clicking on the related documents tab above agenda). RECOMMENDATION: Approve the Regular and Special City Commission Minutes as submitted. SUGGESTED MOTION: I move to approve the combined City Commission minutes from June 19, October 9, October 16, October 18, October 23, and October 30, 2017, as submitted. 9 BACKGROUND: In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment Since August of 2013, the City Commission Minutes have been linked with audio and video using AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. LOCATION: The AV Capture Archives and Live Streaming of City Commission Minutes and Meetings can be found at www.bozeman.net by choosing the “I want to…” top menu item, and selecting the bottom right link “Watch a commission or board meeting video.” VIEWING: Using the drop-down menu immediately below the AV Capture icon, select Recorded (all previously recorded meetings), Streaming Live (meetings currently being streamed in real-time), or Upcoming (future meetings that will be streamed live). Selecting a meeting should automatically start the video. The draft minutes and all associated materials from the meeting are located under the video in the Attached Documents area. Final minutes are available here once formally approved. Users can then can click on each time-stamped hyperlink to find the section that they wish to view from the meeting. If the video does not automatically start at that point, the user may need to press play on the video itself. Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. ALTERNATIVES: As suggested by Commission. UNRESOLVED ISSUES: Please note that executive session minutes from January 11, 2016 still need to be completed and will be included in a future batch. Executive Session minutes from May 9, 2016, and January 9, March 20, June 12, August 14, August 21, September 7, September 26, September 27, and October 2, 2017 are currently being routed among the Commission for informal approval before formal approval at a later date. FISCAL EFFECTS: None. Attachments: Draft Minutes Report Prepared on November 6, 2017 10 Page 1 of 11 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, June 19, 2017 Deputy Mayor - Cynthia Andrus: Present Commissioner - Jeff Krauss: Present Mayor - Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner - I-Ho Pomeroy: Present Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan, Assistant City Manager (ACM) Anna Rosenberry, City Clerk Robin Crough A. 06:00:19 PM (00:02:13) 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. 06:00:28 PM (00:02:22) Pledge of Allegiance and a Moment of Silence C. 06:01:25 PM (00:03:19) Changes to the Agenda There were no changes to the agenda. D. 06:01:32 PM (00:03:26) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Authorize the Interim City Manager to Sign the Notice of Award to Montana Lines, Inc. for the 2017 Pavement Markings Project (Kerr)  3. Authorize the Interim City Manager to Sign the Notice of Award to Pink Hill, LLC for the Closure of the Class IV Landfill (Hixson)  4. Authorize the Interim City Manager to Sign Amendment Number 1 to the Professional Services Agreement with DOWL for the 2016 Materials Testing Project (Gamradt)  5. Authorize the Interim City Manager to Sign Amendment Number 1 to the Agreement for a Revocable Encroachment Permit with Kenyon-Noble Lumber Company and CAMO Holdings, LLC for Front Street and Birch Street Rights-of-Way (Poissant)  11 Bozeman City Commission Meeting DRAFT MINUTES, June 19, 2017 Page 2 of 11 6. Approve the Oak Street: Ferguson Avenue to Ryun Sun Way Widening Impact Fee Credit Request, IFCR-1704, in the amount of $130,567.75, and Authorize the Interim City Manager to Sign the Credit Offer to Flanders Mill, LLC (Saunders)  7. Resolution 4806, Approving Amendment Number 1 to Construction Agreement with Highland Construction Services, LLC for the Bozeman Creek Enhancements at Bogert Park TOP Project (Poissant)  8. Resolution 4807, Certification of Delinquent City Assessments to Gallatin County (Neibauer / Clark)  9. Ordinance 1975 Final Adoption, Clarifying Victims of Criminal Bozeman Municipal Code Offenses are to be Provided Restitution (Sullivan)  06:01:37 PM (00:03:31) City Manager Overview Interim City Manager Taylor provided a brief overview of Consent Items 1-9. 06:04:35 PM (00:06:29) Public Comment There was no public comment. 06:04:51 PM (00:06:45) Motion and Vote to approve Consent Items 1-9 as submitted. The motion passed 5-0. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve E. 06:05:10 PM (00:07:04) Public Comment Mayor Taylor opened public comment. 06:06:23 PM (00:08:17) Sam Long, Public Comment Mr. Long is a developer out of Missoula, requested a letter of support and a waiver of impact fees for the Timber Ridge Senior Living application that will be coming up. CAHAB did approve the funding. Mayor Taylor asked if this was a similar project from last year’s project request. Mr. Long responded in detail. F. 06:09:46 PM (00:11:40) Action Items 1. 06:09:50 PM (00:11:44) The 5 West Mendenhall Conditional Use Permit for On-Premise Consumption of Alcohol, Located at 5 West Mendenhall Street, Application 17229 (Quasi- Judicial) (Boughan)  12 Bozeman City Commission Meeting DRAFT MINUTES, June 19, 2017 Page 3 of 11 06:10:17 PM (00:12:11) Staff Presentation Planning Technician Andrew Boughan presented the staff report for the 5 West CUP for on-premise consumption. He presented the current layout and the commercial tenant spaces in the building. He discussed the CUP Criteria of Evaluation, and conditions of approval. 06:13:22 PM (00:15:16) Questions of Staff DM Andrus asked about the third commercial area. CR Mehl asked Mr. Boughan to clarify the outdoor use of the CUP. 06:16:28 PM (00:18:22) Applicant Presentation Andy Holloran, applicant, clarified that space number 2 is not leased at this period, not space 3. 06:17:00 PM (00:18:54) Questions of Applicant CR Mehl asked if the applicant was okay with the conditions of the staff report. 06:17:22 PM (00:19:16) Public Comment There was no public comment. 06:17:43 PM (00:19:37) 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 17229 and move to approve the 5 West Mendenhall On-Premise Consumption of Alcohol Conditional Use Permit with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 06:18:18 PM (00:20:12) Discussion CR Pomeroy stated alcohol will increase business. CR Mehl also supports the motion, and noted that with the process is done often and this meets the standards. 06:19:17 PM (00:21:11) 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 17229 and move to approve the 5 West Mendenhall On-Premise Consumption of Alcohol Conditional Use Permit with conditions and subject to all applicable code provisions. The motion passed 5-0. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve 13 Bozeman City Commission Meeting DRAFT MINUTES, June 19, 2017 Page 4 of 11 Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 2. 06:19:31 PM (00:21:25) Fiscal Year 2018 (FY18) Budget Work Session – Enterprise Funds: Water Fund, Wastewater Fund, Stormwater Fund, Solid Waste Fund, and Parking Fund (Rosenberry)  06:20:01 PM (00:21:55) Staff Presentation on the Water Fund ACM Rosenberry discussed the Water Fund. She noted that Public Works operations is supported by this fund. There is one FTE request for a WRF Operator. She discussed the water sale estimates. 06:27:42 PM (00:29:36) Questions of Staff CR Pomeroy asked if water rates have gone up every year, and if they will go up again this year. ACM Rosenberry responded yes. CR Krauss asked if the new water tank was part of the 2% increase. He asked about the redundant line. Director Craig Woolard responded that this is a single point of failure. DM Andrus asked if the 2% increase is included in the $12M in revenues. She asked if it was possible to charge proportionately less for considering water use. ACM Rosenberry explained this is adjusted in the rate studies, and explained the tier system in detail. DM Andrus asked about the disparity between impact fee calculations for water and wastewater. City Engineer Rick Hixson explained in further detail. CR Mehl asked about the reserve of the cash-in-lieu of water rights balance. He asked why no goals were input in this part of the budget. He asked about the estimates from GIS regarding performance measures. Public Works Director Craig Woolard explained the goals that do exist. CR Krauss stated that the goals in next year’s budget will line up with the strategic plan. 06:44:47 PM (00:46:41) Staff Presentation on the Wastewater Fund ACM Rosenberry discussed wastewater expenditures, no personnel increases, and the capital projects planned. She discussed on the revenue side, there is less seasonable variability. 06:47:25 PM (00:49:19) Questions of Staff There were no questions of staff. 06:47:38 PM (00:49:32) Staff Presentation on the Stormwater Fund ACM Rosenberry discussed the expenditures of the fund, the addition of a Stormwater Specialist position, and capital projects. She is not recommending a rate increase this year. 06:49:26 PM (00:51:20) Questions of Staff DM Andrus asked what additional tasks will be completed by the staff addition. Director Woolard discussed the new permit the City has received, and there is a significant amount of continued work that will go with the permit. Additionally, much more can be done with the program. CR Mehl asked about the discrepancy between revenues and expenditures. He also asked about the reserve. ACM Rosenberry explained in detail. 14 Bozeman City Commission Meeting DRAFT MINUTES, June 19, 2017 Page 5 of 11 CR Pomeroy asked if a fee increase is required. ACM Rosenberry explained this may be further in the future. Mayor Taylor asked if the program is making enough progress, or if the program needs to up service. Director Woolard responded in detail and the labor required to increase service. Mayor Taylor also asked about the increase of the pedestrian ramp inclusion. 06:59:44 PM (01:01:38) Staff Presentation on the Solid Waste Fund ACM Rosenberry discussed the fund’s expenditures and capital replacement. This year’s recommendation is to add a City Service Worker to accommodate growth. The second year of last year’s rate increases comes into effect this year, which is 2%. 07:01:35 PM (01:03:29) Questions of Staff CR Pomeroy asked if the number of customers was increasing. ACM Rosenberry responded yes. Director Woolard responded that the Division growth has been significant. DM Andrus asked if we were any closer to glass recycling. Director Woolard stated the difficulty. CR Krauss asked about the cost of the recycling component of the division. ACM Rosenberry stated this was not separated during the budgeting process. Director Woolard stated that labor and the tipping fee is substantial and provides a barrier. CR Mehl asked how much the price of commodities have dropped. Solid Waste Superintendent Kevin Handelin discussed fluctuation from global policies. CR Mehl about the comparison of transportation to the landfill. He also asked about total tonnage for solid waste and recycling, and participation. CR Krauss clarified that the City pays to dump the recyclables at Four Corners, and if we negotiate. Superintendent Handelin responded it is market rate. Mayor Taylor asked what those that take glass do with it. Superintendent Handelin stated the barrier is the volume. 07:10:25 PM (01:12:19) Staff Presentation on the Parking Fund ACM Rosenberry discussed proposed expenditures, and planned capital. She stated the recent intent of the department to diversify their revenues. She discussed the ending cash balance trends of the last few years, and possible needed corrections. 07:14:17 PM (01:16:11) Questions of Staff CR Krauss asked how to turn the downward trend around if future capital investments aren’t really happening, as well as the Downtown TIF expiration. 07:17:16 PM (01:19:10) Public Comment There was no public comment. 07:17:31 PM (01:19:25) Discussion DM Andrus reminded the Commission that there is an implemented parking plan that is implemented incrementally. She discussed perhaps looking at a more tiered and proportional water charge after the upcoming rate study. 15 Bozeman City Commission Meeting DRAFT MINUTES, June 19, 2017 Page 6 of 11 CR Krauss thanked staff for coming and thanked Superintendent Handelin for his work. He thinks there are things that can be done for parking. He completely supports the $200K to purchase water rights. In general, these funds support critical functions. He supports an increased effort in stormwater. CR Mehl stated he is pretty happy with the budget, and appreciates staff work. He also shares the stormwater concern. He urged the Parking Commission to come to the Commission with their suggestions. CR Pomeroy stated there is less flexibility with enterprise funds, but she would like to increase the parking fund. CR Krauss stated that if there is something the Commission can do to help spread the word about stormwater, to let them know. Mayor Taylor discussed the art of budgeting, and balancing increases and decreases. He stated that next year we should look at stormwater and see if we’re doing everything we need to. 07:31:38 PM (01:33:32) Recess Mayor Taylor called the Commission into recess until 7:40 PM. 07:44:50 PM (01:46:44) Call to Order Mayor Taylor called the meeting back to order at 7:44 PM. 3. 07:45:08 PM (01:47:02) Fiscal Year 2018 (FY18) Budget Work Session – Special Revenue Funds: Arterial and Collector District Fund, Street Maintenance Fund, and Street Impact Fee Fund (Rosenberry)  07:45:25 PM (01:47:19) Staff Presentation on the Street Maintenance Fund ACM Rosenberry stated that the recommended budget is based on a 17% increase in assessments. On the expenditures side. The recommended budget includes the increase of two Street Service Workers. She discussed some of the larger costs in the fund. She discussed the list of capital projects, and the transfer to reconstruction fund. 07:48:12 PM (01:50:06) Questions of Staff CR Mehl clarified that these funds are on yearly increases at the same time, and will shortly plateau. He asked if the City will be reaching the point of keeping up on maintenance. Director Woolard responded yes, but with the caveat that growth can have an impact. ACM Rosenberry clarified where the gas tax funds could come in. CR Krauss asked what was happening on Willson Avenue. 07:52:19 PM (01:54:13) Staff Presentation on the Arterial and Collector District Fund ACM Rosenberry stated this is the third year of a three-year plan to reach the $2M level. She noted the gas tax contribution. She discussed the planned capital. She stated that the gas tax funding will further complicate streets funding, and there may be a need to start a gas tax CIP. 16 Bozeman City Commission Meeting DRAFT MINUTES, June 19, 2017 Page 7 of 11 07:54:38 PM (01:56:32) Questions of Staff Mayor Taylor asked if this is the fund that could be decreased next year by $500K. ACM Rosenberry confirmed and explained in detail. CR Pomeroy asked how much we will get for the gas tax. ACM Rosenberry explained the current and future allocation. 07:57:59 PM (01:59:53) Public Comment There was no public comment. 07:58:17 PM (02:00:11) Discussion CR Krauss thanked the staff for guiding the way on street maintenance and creation. He stated this has become the responsibility of the City. It can be expensive but it’s the obligation to the community. He supports the service worker requests. DM Andrus stated she likes the idea of gas tax CIP. She is still concerned with the level of non-residents using the infrastructure. She will continue to look for other revenue streams to help. CR Mehl stated the Commission is behind the investment in infrastructure. He added that there is more than just maintenance, but also impact fee funded capital. He stated he also supports additional revenue streams. CR Pomeroy asked the City Manager about the discrepancy between 4% growth and 6% budget increase. ICM Taylor stated this was due to capital improvements of identified projects. She stated she is grateful for the gas tax money, and thanked staff. CR Krauss stated we are spending a lot of impact fee money, because now with the A&C District we can match. He appreciates staff contribution to make this work. Mayor Taylor stated that we may finally be catching up on infrastructure. He thanked all involved that got to this point. 4. 08:10:35 PM (02:12:29) The Lakes at Valley West Phase 4 Preliminary Planned Unit Development with Fifteen Relaxations to Code Standards Located at 5600 Durston Road, Application 17150 (Quasi-Judicial) (Saunders)  08:10:58 PM (02:12:52) Disclosures Mayor Taylor disclosed that he talked about this project with Mr. Stratton, but with a stronger focus on affordable housing. CR Mehl stated he had a conversation, but it was about affordable housing in general. CR Krauss stated he also had a conversation that was about affordable housing, not the application specifically. DM Andrus stated she had a preliminary discussion, but it was not in much detail. 08:12:35 PM (02:14:29) Staff Presentation Policy and Planning Manager Chris Saunders introduced the PUD and discussed the relaxations. This is the fourth time this project has gone before the Commission, and tonight is Phase 4. Mr. Saunders 17 Bozeman City Commission Meeting DRAFT MINUTES, June 19, 2017 Page 8 of 11 presented details of Phase 4, and the requirements of the PUD. He provided a summary list of the relaxations. He stated there has been no public comment and the DRB recommends approval. He noted the conditions of approval are very short, since at this point it has been fairly fine-tuned. 08:18:47 PM (02:20:41) Questions of Staff CR Pomeroy asked about the wetland setback, and if Mr. Saunders expects any future problems. He responded in detail. DM Andrus asked if there are any additional relaxations in this phase unseen by the Commission. CR Mehl asked what the final units per usable acre will be. Mr. Saunders stated it will comply with the minimum requirements. CR Mehl asked if the woonerfs have worked in the other phases. Development Review Engineer Shawn Kohtz responded that snow removal may be difficult, but the HOA will be responsible in the end. 08:25:01 PM (02:26:55) Applicant Presentation Applicant Greg Stratton responded to the flood hazard evaluation. In regards to snow removal, the residents are involved in the HOA and have been since 2006, and he doesn’t anticipate a huge change. 08:27:48 PM (02:29:42) Questions of Applicant CR Mehl asked if he was in agreement with the conditions. Mr. Stratton confirmed. Mayor Taylor asked if affordable housing has any impact on this phase. Mr. Stratton stated no. 08:28:55 PM (02:30:49) Public Comment There was no public comment. 08:29:08 PM (02:31:02) Motion that having reviewed and considered the application materials all the information presented, I hereby adopt the findings presented in the staff report for application 17150 and move to approve the planned unit development with conditions and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 08:29:26 PM (02:31:20) Discussion CR Mehl stated this isn’t the first time they’ve seen this PUD, and he is in full agreement with the staff report. DM Andrus associates herself with CR Mehl’s comments. CR Krauss stated this is innovative and a shame it has to be a PUD to get through our system. He stated that snow removal is always an issue with an HOA. This is the direction the City will need to go. CR Pomeroy thanked the applicant and any supply helps with affordable housing. Mayor Taylor stated he appreciates the building of characteristic neighborhoods. 18 Bozeman City Commission Meeting DRAFT MINUTES, June 19, 2017 Page 9 of 11 08:32:48 PM (02:34:42) Vote on the Motion that having reviewed and considered the application materials and all the information presented, I hereby adopt the findings presented in the staff report for application 17150 and move to approve the planned unit development with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 5. 08:33:06 PM (02:35:00) The Lakes at Valley West Phase 4 Subdivision, 21.059 Acres for 27 Dwellings on 25 Residential Lots and Additional Unplatted Phases for Future Development Located at 5600 Durston Road, Application 17149 (Quasi-Judicial) (Saunders)  08:33:29 PM (02:35:23) Staff Presentation Policy and Planning Manager Chris Saunders stated this is a subdivision, which requires additional conditions included as best fit for the subdivision. 08:34:46 PM (02:36:40) Questions of Staff There were no questions of staff. 08:35:01 PM (02:36:54) Questions of Applicant CR Mehl asked if Mr. Stratton was okay with the conditions and staff report, and when would he start construction. Mr. Stratton confirmed and stated middle August. 08:35:40 PM (02:37:34) Public Comment There was no public comment. 08:35:51 PM (02:37:45) Motion that having reviewed and considered the application materials and all the information presented, I hereby adopt the findings presented in the staff report for application 17149 and move to approve the subdivision with conditions and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 08:36:16 PM (02:38:10) Discussion CR Mehl stated he is in the agreement with the conditions. 19 Bozeman City Commission Meeting DRAFT MINUTES, June 19, 2017 Page 10 of 11 08:36:52 PM (02:38:46) Vote on the Motion that having reviewed and considered the application materials and all the information presented, I hereby adopt the findings presented in the staff report for application 17149 and move to approve the subdivision with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Approve 6. 08:37:06 PM (02:39:00) Reclaim Review Authority of Applications for Development Located at 202 South Black Avenue, Application 17265 (Quasi-Judicial) (Krueger)  08:37:44 PM (02:39:38) Staff Presentation Community Development Director Martin Matsen stated staff is available to answer questions. 08:38:04 PM (02:39:58) Public Comment Mayor Taylor opened public comment. 08:38:19 PM (02:40:13) Andy Holloran, Public Comment Mr. Holloran stated that he has responded appropriately to feedback from the public and the Commission with a new application that meets all criteria for this location. He respects the process and asked that if the decision is made to reclaim, that he hears the basis for that, both for this project and for future projects. 08:40:50 PM (02:42:44) Motion that pursuant to Section 38.34.010.B(2), I move that the City Commission reclaim original review authority for the Black Olive II Site Plan and Certificate of Appropriateness application, Application 17265. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 08:41:25 PM (02:43:19) Discussion DM Andrus stated that it would be good to reclaim based on discussion, not specific criteria. It is the Commission’s responsibility to continue to look at this project. CR Krauss stated that it’s time to allow the process to work on this application. Previously there wasn’t a Community Development Director, but now they’ve heard the policy considerations and have heard from the public. He has faith in the current director and the process. CR Pomeroy stated that this project provides some housing, and increased supply helps affordable housing. The City encourages infill, and this project has no variances or deviations. 20 Bozeman City Commission Meeting DRAFT MINUTES, June 19, 2017 Page 11 of 11 Mayor Taylor stated he will vote for the motion. He will reclaim items of significant community concern. He will reclaim to allow for public input. The merits of the project are not important to him, just the reclaim this evening. CR Mehl stated that the Commission has responsibility to make some significant decisions. He explained his criteria. CR Krauss asked when it would be on an agenda. ICM Taylor stated July 24, 2017 is set as tentative. CR Krauss asked how much later a Director approval would happen. Director Matsen responded not much. Mayor Taylor asked about the timing of the appeal process. City Attorney Sullivan explained the timeline. 08:53:58 PM (02:55:52) Vote on the Motion that pursuant to Section 38.34.010.B(2), I move that the City Commission reclaim original review authority for the Black Olive II Site Plan and Certificate of Appropriateness application, Application 17265. The motion passed 3-2. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Disapprove G. 08:54:16 PM (02:56:10) FYI/Discussion 1. Mayor Taylor addressed the request in public comment earlier in the evening. He stated his intention is to go to the first cut meeting in Helena. CR Krauss asked that this be put on the agenda for Thursday. ICM Taylor stated that this may be too short of notice. 2. Mayor Taylor informed the Commission that he signed an application for AARP for a city designation. 3. Mayor Taylor asked the Commission to indicate budget cuts or additions at this time. ICM Taylor discussed two potential additions to the Commission budget, specific to the Infrastructure Coalition. Mayor Taylor stated adds regarding regarding the band, Streamline, and police training. CR Mehl stated parks. CR Krauss added to reconsider the primary and determine that funding. DM Andrus asked that further discussion happen with ICM Taylor. 4. Mayor Taylor reminded the Commission of Thursday’s special meeting. H. 09:05:32 PM (03:07:26) Adjournment Mayor Taylor adjourned the meeting at 9:05 PM. 21 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, October 09, 2017 AGENDA ORDER MODIFIED DURING MEETING. ITEM AND NUMBER DESIGNATIONS REMAIN AS ORIGINALLY NOTICED. 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, Deputy City Clerk Brenda Sweeney A. 05:59:58 PM (00:00:44) 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. 06:00:06 PM (00:00:52) Pledge of Allegiance and a Moment of Silence C. 06:01:08 PM (00:01:54) Changes to the Agenda Mayor Taylor moved the Indigenous People’s Day presentation before public comment on non- agenda items. D. 06:01:32 PM (00:02:18) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Approve a Full Beverage License for Sidewinders Bar & Grill, of Bozeman, Montana, to Sell Alcohol at 780 Boardwalk Avenue (Maas)  3. Approve the Final Plat for the Partridge Downs Phase 1B Subdivision and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman (Quasi-Judicial) (Rogers)  4. Authorize the Mayor to Sign the Employment Agreement with Andrea Surratt Appointing Her as the Bozeman City Manager (D. Taylor)  22 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 2 of 18 5. Authorize the Interim City Manager to Sign a Memorandum of Agreement with the Montana Department of Transportation (MDT) for the North 7th Avenue Corridor (N-118) Streetscape Projects and Maintenance (Fontenot/Fine)  6. Authorize the Interim City Manager to Sign a Memorandum of Agreement and Public Use Easement with Montana Keystone Ventures, LLC for a Right-of-Way Purchase for Construction of Improvements to Baxter Lane, Parcel 16 (Embassy Suites) (Murray)  7. Authorize the Interim City Manager to Sign a Memorandum of Agreement and Public Use Easement with SID 716, LLC for a Right-of-Way Purchase for Construction of Improvements to Oak Street and Davis Lane, Parcel 5 (Hixson/Woolard)  8. Authorize the Interim City Manager to Sign Amendment Number 1 to the Purchase Agreement with CAT Tractor and Equipment for a New Delivery and Payment Date of a Loader Backhoe (Nordquest)  9. Authorize the Interim City Manager to Sign Amendment Number 4 to the Professional Services Agreement with Robert Peccia and Associates for the Baxter/Davis Intersection Improvements Project - Project Segment Between 7th Avenue and 19th Avenue (Murray)  10. Authorize the Interim City Manager to Sign Amendment Number 6 to the Professional Services Agreement with Sanderson Stewart for the Oak Street Improvements Project - 15th Avenue to 19th Avenue Construction Phase (Murray)  11. Resolution 4841, Intent to Modify Special Improvement Lighting District Number 728 for The Lakes at Valley West Phases 1-4 (Donald)  06:01:38 PM (00:02:24) City Manager Overview ICM Taylor provided a brief overview of Consent Items 1-11. 06:04:31 PM (00:05:17) Public Comment There was no public comment. 06:04:46 PM (00:05:32) Motion and Vote to approve Consent Items 1-11 as submitted. 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 E. 06:05:10 PM (00:05:56) Consent II (Items Acted on Without Prior Unanimous Approval) 23 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 3 of 18 1. Ordinance 1979 Final Adoption, Terminating the Mandeville Farms Tax Increment Financing Industrial District Created by Ordinance 1684, Establishing the North Park Urban Renewal Area, Creating the North Park Urban Renewal District and Adopting the North Park Urban Renewal District Plan with a Tax Increment Financing Provision Pursuant to Title 7, Chapter 15, Part 42 And 43 of the Montana Code Annotated, and Amending Section 2.06.1330, BMC, Regarding Urban Renewal, Tax Increment, and Economic Development Districts and Section 2.05.1830, BMC, Regarding Urban Renewal, Tax Increment, and Economic Development District Boards (Fontenot)  06:06:28 PM (00:07:14) Public Comment There was no public comment. 06:06:36 PM (00:07:22) Motion and Vote that having reviewed and considered the text of Ordinance 1979, public comment, the recommendations of the Planning Board, and all information presented, I move to finally adopt Ordinance 1979, including the legislative findings that the North Park Urban Renewal District, through the North Park Urban Renewal District Plan, seeks to provide long-term economic stability and to use planning and the development of public infrastructure as tools for well- managed growth is in the best interest of the City. The motion passed 4-1. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve F. 06:07:27 PM (00:08:13) Special Presentation 1. Indigenous Peoples' Day Walter Fleming, Bozeman resident, gave the 2nd Annual Indigenous Peoples Day Presentation to the Bozeman City Commission. He talked about Bozeman’s fine arts culture and pointed out several artists in attendance at tonight’s meeting who gave a peak unveiling of the newest additions to the art in the Student Union Building. He introduced Ben Pease, artist, who spoke about the art project at MSU and presented examples of art work. He introduced Casey Figueroa and Alisha Fisher who spoke about their art work. G. 06:22:25 PM (00:23:11) Public Comment 06:22:37 PM (00:23:23) Public Comment Mayor Taylor opened public comment. 24 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 4 of 18 06:25:08 PM (00:25:54) Richard Brown, Public Comment Mr. Brown talked about the two sides he sees with regard to development which include the citizens who are concerned with preserving Bozeman and developers/businessmen/Commission. He talked about changes in zoning in the Cooper Park Historic District. 06:27:35 PM (00:28:21) Allen May, Public Comment Mr. May commended the commission for their work and patience. He talked about the growth of Bozeman with regard to managing it socially, environmentally and economically. He talked about responsibility for urban development and infill in the downtown. 06:30:42 PM (00:31:28) Kelly Pale, Public Comment Ms. Pale talked about her support for infill and increased density in Bozeman’s urban core as well as growth in the Cooper Park Historic District. She talked about change and the consequences of shutting the door to change. 06:32:57 PM (00:33:43) Cynthia Barnes, Public Comment Ms. Barnes talked about parking rules and regulations in the downtown as well funds for road maintenance generated by increased traffic as a result of large buildings. She talked about lack of dialogue between Home Base and the citizens of Bozeman relative to building designs. 06:35:02 PM (00:35:48) Allen Kesselheim, Public Comment Mr. Kesselheim spoke about amount of time spent on testimony against the Black Olive project specifically. He talked about listening and responding to people’s concerns as well as the number of people selling out and leaving their neighborhoods. 06:38:04 PM (00:38:50) Crystal Allegria, Public Comment Ms. Allegria talked about the Black Olive decision and asked the Commission to vote no, taking into consideration the character of the neighborhood. She talked about the visual distinction of the neighborhood as well as the historic value. 06:40:42 PM (00:41:28) Carrie Barbo , Public Comment Ms. Barbo talked about parking problems and the Home Base Bozeman meeting last year. She talked about neighborhood parking already provided for various venues and the parking rules for developers. She addressed Bozeman’s values versus projects. 06:43:15 PM (00:44:01) Justin Eisel, Public Comment Mr. Eisel stated his opinions on the Black Olive project in its proposed form. He talked about code and compliance. He talked about short term rentals. 06:46:15 PM (00:47:01) Pete Geddes, Public Comment Mr. Geddes spoke in favor of the Black Olive project. He talked about his involvement in issues since he 25 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 5 of 18 has lived in Bozeman and policies put into place by this Commission’s predecessors. Talked about preservation of wildlife and open space bonds. 06:48:38 PM (00:49:24) Doug Clingner, Public Comment Mr. Clingner spoke against the Black Olive project and compared it to the original plan. He thinks the Commission should vote no. 06:49:16 PM (00:50:02) Walker Asterson, Public Comment Mr. Asterson spoke on Action Item #4 addressing the lawsuit against the I-1813 Bathroom Bill. He encouraged the City to join this lawsuit and uphold our values of accommodating all people. He spoke of his experience as a Bozeman High School teacher and how it would adversely affect students. 06:50:25 PM (00:51:11) Allison Udahl, Public Comment Ms. Udahl is the owner of a local bed and breakfast business and shared her thoughts of the last year of growth and downtown Bozeman character as well as historic neighborhoods. She encouraged the Commission to think long-term about the architectural structure of projects. 06:53:31 PM (00:54:17) Carter Wilkinson, Public Comment Mr. Wilkinson talked about his perspective on the Black Olive project. He talked about the working class neighborhoods and people getting priced out of living downtown. He asked the Commissioners to think about laborers and housing affordability. 06:55:05 PM (00:55:51) Andy Boyd, Public Comment Mr. Boyd spoke about the growth of Bozeman exponentially over the years he has lived here. He talked about the importance of the decision made tonight relative to the long-term vision of Bozeman. 06:57:16 PM (00:58:02) Jennifer Morecky, Public Comment Ms. Morecky talked about her personal experience with living here, moving away and coming back. She talked about smart growth. 06:58:26 PM (00:59:12) Ellen Stevenson, Public Comment Ms. Stevenson talked about her transportation methods of walking and biking around Bozeman and the safety issues she faces. She talked about the height of the Black Olive project and how it would affect downtown businesses. 07:00:50 PM (01:01:36) Chris Shaida, Public Comment Mr. Shaida talked about how he is creating jobs here in Bozeman and what he needs to do that relative to planning and investing in people to hire. He supports this project. 07:02:20 PM (01:03:06) Brian Gallick, Public Comment Mr. Gallick spoke of his opposition to this project. He talked about his former experience on the Bozeman Planning Board and addressed changes to the character of Downtown Bozeman on a mass 26 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 6 of 18 scale. 07:05:48 PM (01:06:34) Rebecca Barrett, Public Comment Ms. Barrett expressed her opinions on the downsides of Black Olive project. She talked about crowded tenant living. She talked about intentions of retiring in a neighborhood where the character is not destroyed. 07:09:05 PM (01:09:51) Michelle Elder, Public Comment Ms. Elder spoke in support of the south downtown residents. She talked about their altered form of living and encouraged the Commission to vote no on the Black Olive project. 07:09:48 PM (01:10:34) Don Beiman, Public Comment Mr. Beiman commented about the big responsibility of the Commissioners to do what’s best for Bozeman. He talked about strategy and the plan for developing Bozeman. He talked about the review process for the Black Olive project and urged the approval of the Commissioners. 07:11:22 PM (01:12:08) Kelsey Duville, Public Comment Ms. Duville spoke as a representative of her organization, Forward Montana, with regard to I-183 bill. She spoke of her experiences as the daughter of a transgender parent and asked the Commission to join the lawsuit against the bill. 07:13:00 PM (01:13:46) Lana George, Public Comment Ms. George urged the Commission to become plaintiffs in the lawsuit against I-183 and further commented on the values of Montanans and the community. 07:13:31 PM (01:14:17) Laura Patton, Public Comment Ms. Patton represents the Free and Fair Montana Coalition as a member. She talked about fighting for the quality of all Montanans and encouraged the Commissioners to join the I-183 lawsuit as plaintiffs. 07:14:40 PM (01:15:26) Hillary Ann Crosby, Public Comment Ms. Crosby urged the Commission to join the lawsuit against I-183 as plaintiffs and talked about the ability for all Montanans to feel safe and respected. 07:15:07 PM (01:15:53) Brian Hoffman, Pubic Comment Mr. Hoffman encouraged the Commission to stand against I-183 as plaintiffs in the case against the initiative and to stand with the transgender community. 07:15:37 PM (01:16:23) Sarah Rushing, Public Comment Ms. Rushing spoke as the Faculty Advisor for the Queer Straight Alliance on the MSU campus. She spoke about resisting the I-183 initiative and commented on suppressing diversity. She urged the Commission to sign on to the lawsuit. 27 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 7 of 18 07:16:54 PM (01:17:40) Kirsten Eli, Public Comment Ms. Eli urged the Commission to join the lawsuit against I-183 based on community values. 07:17:29 PM (01:18:15) Andrew Keagan, Public Comment Mr. Keagan is a graduate student at MSU and serves as the graduate assistant for the LGBTQ student support organization. He spoke in favor of supporting the I-183 lawsuit and urged the Commission to sign on as a plaintiff. 07:18:48 PM (01:19:34) Barbara Lee, Public Comment Ms. Lee stated she will continue her daughter’s comments the she didn’t get to finish on Black Olive. She talked about losing quality and the aesthetic of homes people hoped they could retire in. She talked about property taxes and affordable rent. 07:21:39 PM (01:22:25) June Stafford, Public Comment Ms. Stafford expressed her concern about traffic and the possibility of a different location for Black Olive. She would like to see the Commission be a plaintiff in a case against I-183. 07:23:28 PM (01:24:14) Larry Johnson, Public Comment Mr. Johnson spoke in opposition to the Black Olive project. He talked about traffic and parking problems surrounding the project as well as increasing density. 07:26:04 PM (01:26:50) Bill Mocell, Public Comment Mr. Mocell is a long-time Bozeman resident and spoke about his concerns regarding the Black Olive project and developing the City relative to the character of Bozeman. He encouraged the Commission to take time to listen to citizens. 07:29:00 PM (01:29:46) Daryl Seymor, Public Comment Mr. Seymor talked about affordability in the downtown area as well as the increase in value of those homes. He talked about an increased tax base, more clients for downtown businesses and urged approval of Black Olive. 07:31:40 PM (01:32:26) Raymond Porter, Public Comment Mr. Porter talked about the reality of the growth of Bozeman and believes in acting and building like we are growing. 07:32:19 PM (01:33:05) Amy Fordo, Public Comment Ms. Fordo talked about housing options that support her generation and their values. She spoke about the challenges of MSU graduates wanting to stay in Bozeman and rental shortages. She supports the Black Olive project. 07:33:20 PM (01:34:06) Alex Miller, Public Comment Mr. Miller urged the Commission to support the lawsuit against I-183. He spoke about his experience as 28 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 8 of 18 an LGBT person and related to the values of the non-discrimination resolution passed in 2014. 07:34:38 PM (01:35:24) Alana Brown, Public Comment Ms. Brown talked about her appreciation for what Commission does and encouraged them to weigh with care the growth of Bozeman. She spoke about the I-183 initiative and hopes they will support it. 07:37:59 PM (01:38:45) Judith Heilman, Public Comment Ms. Heilman spoke as the Executive Director of the Montana Racial Equity Project and outlined their purpose. They urges the Commission to join the ACLU lawsuit. 07:39:46 PM (01:40:32) Loretta Domisheski, Public Comment Ms. Domisheski compared the growth of Bozeman to the growth of large cities relative to height of buildings and historical character. She does not believe Black Olive fits into the neighborhood. 07:42:51 PM (01:43:37) Joseph Taylor, Public Comment Mr. Taylor talked about the expansion of Bozeman consuming the valley and future roads, parking and what is needed with regard to living. He talked about infill and driving Bozeman forward efficiently. 07:44:20 PM (01:45:06) Mary Grandy, Public Comment Ms. Grandy spoke on behalf of transgenders and non-binary people and urges the Commission to join the lawsuit. 07:45:12 PM (01:45:58) Nicki Bailey, Public Comment Ms. Bailey encouraged the Commission as leaders to support opposing discrimination and to support the lawsuit against I-183. 07:45:58 PM (01:46:44) Anita Milanovich, Public Comment Ms. Milanovich is a constitutional litigator that works with a national law firm and is employed as the attorney for the Montanans for Locker Room Privacy. She spoke about the constitutionality of the lawsuit being challenged and the timing of the vote. She urged the Commission not to join the lawsuit. 07:48:04 PM (01:48:50) Recess Mayor Taylor called the Commission into recess until 8:00 PM. 08:04:50 PM (02:05:36) Called to Order Mayor Taylor called the Commission back to order at 8:04 PM. H. 08:05:18 PM (02:06:04) Action Items 1. 08:05:25 PM (02:06:11) Resolution 4829, Noyes Annexation, Annexing 0.84 Acres at 1200 Bridger Drive, Application 17422 (Saunders)  29 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 9 of 18 08:05:37 PM (02:06:23) Staff Presentation Community Development Manager Chris Saunders, presented the Noyes Annexation. He talked about future land use designation and commented that processing this annexation application is consistent with the growth policy. He talked about Resolution 4400 annexation goals and policies and pointed out the staff report contains details for the policy. He further confirmed the applicant has satisfied all terms of the annexation agreement. 08:09:11 PM (02:09:57) Questions of Staff Cr. Pomeroy asked where the pipe is connected for water and sewage and whether the City will pay for it. Cr. Mehl asked questions about the map depiction relative to boundary lines and R2 setbacks. 08:12:39 PM (02:13:24) Questions of Applicant There were no questions of the applicant. 08:12:42 PM (02:13:28) Public Comment There was no public comment. 08:12:56 PM (02:13:42) Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the annexation staff report for application 17422 and move to approve the Noyes Annexation with recommended terms of annexation, direct the City Manager to sign the annexation agreement, and adopt Resolution of Annexation 4829. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 08:13:36 PM (02:14:22) Discussion Cr. Pomeroy commented that all terms of the annexation have been met and welcomed the applicant. She will support the motion. Cr. Krauss agreed with Cr. Pomeroy and welcomed the applicant to Bozeman. Cr. Mehl is in agreement with the project and further noted he is in agreement with the staff report goals and policies laid out. He will support the motion. Mayor Taylor appreciates the alacrity with which the matter was processed given the importance. 08:14:47 PM (02:15:33) Vote on the Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the annexation staff report for application 17422 and move to approve the Noyes Annexation with recommended terms of annexation, direct the City Manager to sign the annexation agreement, and adopt Resolution of Annexation 4829. The motion passed 5-0. 30 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 10 of 18 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. 08:14:59 PM (02:15:45) Resolution 4849, Amending the Fiscal Year 2018 (FY18) TIFD North 7th Corridor Fund Budget to Include Additional Expenditures for North 7th Streetscape Projects (Donald)  08:15:12 PM (02:15:58) Staff Presentation Finance Director Kristin Donald stated this is additional appropriations of $400,000 for the North 7th Corridor Fund and will be funded with cash on hand. She pointed out Economic Development Specialist David Fine is present to answer questions. 08:15:48 PM (02:16:34) Questions of Staff Cr. Mehl asked Mr. Fine to address the public with the purpose of the budget amendment. Cr. Pomeroy asked about funding expenditures and if this is already a line item in budget. 08:18:51 PM (02:19:37) Public Comment There was no public comment. 08:19:02 PM (02:19:48) Motion to adopt Resolution 4849, Amending the Fiscal Year 2018 (FY18) TIFD North 7th Corridor Fund Budget to Include Additional Expenditures for North 7th Streetscape Projects. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 08:19:35 PM (02:20:21) Discussion Cr. Krauss pointed out the reference to the North 7th Corridor should be called Midtown. Cr. Mehl commented on his appreciation of staff’s reprioritization to make this happen, and he is fully in support of it. 08:20:07 PM (02:20:53) Vote on the Motion to adopt Resolution 4849, Amending the Fiscal Year 2018 (FY18) TIFD North 7th Corridor Fund Budget to Include Additional Expenditures for North 7th Streetscape Projects. The motion passed 5-0. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 31 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 11 of 18 Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 3. 08:20:18 PM (02:21:04) The Black Olive II Site Plan and Certificate of Appropriateness, 202 South Black Avenue, Application 17265 (Quasi-Judicial) (Krueger)  08:21:37 PM (02:22:23) Staff Presentation Development Review Manager Brian Krueger presented the detailed staff report for Black Olive II Site Plan 17265. This is a new application and new project from the original plan which was rejected by the Commission in April. He talked about the criteria needed to meet the requirements for the project and confirmed it lies within the Neighborhood Conservation Overlay District and Zone B3. He talked in detail about how the project meets design guidelines. Mr. Krueger spoke about the notice given of the project given, public comment received and concerns contained in those comments. He presented the criteria and guidelines findings. He talked about demolition of the current building on the site. He relayed that the Design Review Board informally does not recommend approval of the application. He stated the staff recommendation on the overall project is to approve its conditions based on their findings of project conformance. Mr. Kreuger talked about conditions related to the CRA criteria regarding the glazing of the building. He presented color palettes of the building exterior to the Commission. 08:49:13 PM (02:49:59) Questions of Staff Cr. Mehl questioned the floor plan for the 2nd – 5th floors relative to where the elevators and stairs are located. DM Andrus asked about variation in balcony depths. Mayor Taylor asked about the length along Olive as compared to the length of the Blackmore Apartments across the street. He asked if there are ways this mass could be mitigated. He asked about the history of how this the B-3 Zoning District was created. 09:01:43 PM (03:02:29) Applicant Presentation Mr. Andy Holleran, architect, presented the application for the Black Olive II project in detail. He outlined the changes made from the original Black Olive proposal. He talked about all the aspects considered for the project relative to the design. He talked about the Downtown Improvement Plan. 09:08:37 PM (03:09:23) Questions of Applicant DM Andrus asked if all the window insets are the same. Cr. Mehl asked about setbacks on the top floor on all but one side. He further asked Mr. Holleran if he was going to address the articulation of the east and we sides what he would do. 09:13:19 PM (03:14:05) Public Comment 32 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 12 of 18 Mayor Taylor opened public comment. 09:14:14 PM (03:15:00) Mark Igea, Public Comment Mr. Igea is a professional transportation planner and spoke about how and where Bozeman will grow. He talked about dense development and conserving land. He supports the project. 09:17:28 PM (03:18:14) Jane Klockman, Public Comment Ms. Klockman spoke about her support for the project but would like to see it in a different location. She spoke about the how the Halo borders are encroaching on the neighborhood’s site. 09:20:46 PM (03:21:32) Jeannie Wilkinson, Public Comment Ms. Wilkinson urged the Commission to deny the second iteration of the Black Olive project. She talked about the overlap with the Historical District and preservation standards. 09:23:41 PM (03:24:27) Julian Morris, Public Comment Mr. Morris supports the project and talked about the downtown core designation for buildings of this type. He talked about walkability and the impact on parking. 09:25:57 PM (03:26:43) Marjorie Smith, Public Comment Ms. Smith talked about the Save Bozeman effort favor toward density and avoiding sprawl but did not imagine the Black Olive project. She talked about the parking effect on downtown. 09:29:30 PM (03:30:16) Steve Cannon, Public Comment Mr. Cannon owns and works in a downtown business. He talked about urban density to accommodate growth. 09:31:24 PM (03:32:10) Discussion Mayor Taylor called for a decision for a Black Olive II hearing continuance. The Commission discussed dates and times in detail. He asked staff and the public for their availability. 09:35:26 PM (03:36:12) Motion to hold a continuance of the Black Olive II hearing and discussion on Tuesday, October 10, 2017 at 8:00 AM. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd 09:35:51 PM (03:36:37) Discussion The Commission continued to discuss alternative times. 09:36:56 PM (03:37:42) Amendment to the Motion to hold a continuance of the Black Olive II hearing and discussion on Wednesday, October 18, 2017 at 6:00 PM. 33 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 13 of 18 Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd 09:37:12 PM (03:37:58) Vote on the Motion as Amended to hold a continuance of the Black Olive II hearing and discussion on Wednesday, October 18, 2017 at 6:00 PM. The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 09:37:51 PM (03:38:36) Public Comment Mayor Taylor continued public comment. 09:37:48 PM (03:38:34) Megan Kirk, Public Comment Ms. Kirk is an advocate for the downtown lifestyle would be compromised by the Black Olive construction. She talked about sustainable solutions for rapid growth in Bozeman. 09:39:24 PM (03:40:10) Joshua Hughes, Public Comment Joshua talked about where the additional cars allowed by the Black Olive project will go as well as visitor’s cars and blocking mountain views. 09:40:13 PM (03:40:59) Charlie West, Public Comment Mr. West talked about the previous site plan versus the current plan. He talked about reviewing the Downtown Improvement Plan now versus when it was adopted. He talked about smart balanced growth through taking time to approve projects and not rush them. 09:43:23 PM (03:44:09) Kate Bryan, Public Comment Ms. Bryan talked about the type of community Bozeman is and what we want it to become relative to character. She talked about balanced infill solutions. 09:46:42 PM (03:47:28) Lisa Kirk, Public Comment Ms. Kirk asked the Commission to oppose Black Olive and talked about staying the course but not overdoing infill growth. She talked about impacts on historic neighborhoods. 09:50:12 PM (03:50:58) Black Olive II Hearing Continuance Confirmation Mayor Taylor confirmed the Black Olive II hearing continuance will be held on Wednesday, October 18, 2017 at 6:00 PM. 34 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 14 of 18 4. 09:50:24 PM (03:51:10) Authorize the City of Bozeman to Participate as a Plaintiff in a Lawsuit Challenging the Constitutionality of Initiative 183 (1-183: Montana Locker Room Privacy Act) (D. Taylor)  09:51:50 PM (03:52:36) Staff Presentation ICM Taylor outlined the request made by the ACLU of Montana for the City of Bozeman to participate as a plaintiff in a lawsuit challenging the constitutionality of 183. He further stated their request that the Commission instruct ICM Taylor by resolution to appoint individuals to represent the City of Bozeman in such a lawsuit. ICM Taylor stated that Policy Director S.K. Rossi, of ACLU of Montana, is present to answer questions. 09:54:24 PM (03:55:10) Questions of ACLU of Montana Policy Director Cr. Mehl asked SK how she will handle this public interest litigation relative to a conflict if the plaintiffs have differing ideas of what should happen as this progresses. He further asked if she is ok that the ACLU will be conflicted with the City of Bozeman if it joins as plaintiffs. He asked why it would not make more sense to try to get the Cities of Leagues and Towns to join. He asked about the constitutional issue. Cr. Krauss asked about the desired intent for voters to not even consider the issues in the bill via the Supreme Court. He further asked about the reason for the ACLU’s denial of the right to vote on the issue. 10:01:00 PM (04:01:46) Meeting Extension Mayor Taylor extended the Commission meeting to 10:30 PM. 10:01:09 PM (04:01:55) Continued Discussion Cr. Krauss continued his questions and inquired why there is distrust that voters would say no to this citizen initiative. He further inquired about the initiative getting back on the ballot with the new language and gathering of signatures. Cr. Pomeroy asked if the City Attorney will do the work on the law suit. Mayor Taylor asked if there is a cost to the voters of putting a citizens’ initiative on the ballot. He further asked if there a legal fee or claim from the other side that that City of Bozeman would owe them legal fees if they were to win. He spoke about the time period between the passing of the initiative and a ruling of constitutionality if the Commission waited on a decision. Cr. Krauss asked if this leaves the City open for a counter law suit. CA Sullivan addressed the question. 10:09:09 PM (04:09:55) Public Comment Mayor Taylor opened public comment. 10:09:25 PM (04:10:11) Judy Kelly, Public Comment Ms. Kelly spoke about her concern regarding privacy, dignity and protection for young and old women. She talked about the City spending dollars to have this put on the ballot by joining the ACLU in the 35 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 15 of 18 lawsuit. 10:12:34 PM (04:13:20) Eric Lowe, Public Comment Mr. Lowe is an emergency physician and is the medical director for the majority of the local EMS services and ambulance service in the county. He read a letter from physicians addressing the impact of sexual identity and asked the Commission to consider supporting the lawsuit. 10:15:47 PM (04:16:33) Ben Strom, Public Comment Mr. Strom is a nurse and an at-risk teen volunteer. He spoke of his personal experiences and addressed the initiative forcing him to use a specific restroom. He encouraged citizens to join the lawsuit. 10:17:15 PM (04:18:01) Katie Lowe, Public Comment Ms. Lowe is a pediatrician and spoke about the societal effects of transgender kids on their physical bodies. 10:19:48 PM (04:20:34) Gina Hupka, Public Comment Ms. Hupka spoke about City of Bozeman using taxpayer dollars to litigate if they joined the lawsuit. She talked about the City allowing the ACLU do its job and residents exercising their responsibility to bring the initiative to a vote. 10:23:00 PM (04:23:46) Vasu Saditra, Public Comment Mr. Saditra talked about his feeling toward the initiative being an ally to trans-folks as a human rights issue which creates large division in a diverse population. 10:24:37 PM (04:25:23) Kendra Nevin, Public Comment Ms. Nevin talked about the non-discrimination ordinance of 2014 and her experience living her life as a fully affirmed person. She expressed her gratitude to the Commission as well as concerns over the initiative taking away her freedom of identity. 10:26:40 PM (04:27:26) Motion to direct the Interim City Manager to contact other Montana non- discrimination ordinance cities as well as the Montana League of Cities and Towns concerning participation in efforts to challenge the constitutionality of I-183 and to report back with details on both the timing and substance of the issue along with a recommendation for the City Commission within two weeks. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 10:27:57 PM (04:28:43) Meeting Extension Mayor Taylor extended the Commission meeting to 10:45 PM. 10:28:04 PM (04:28:50) Discussion 36 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 16 of 18 Cr. Mehl talked about his opposition to the initiative and does not feel it is good for the City or State. He believe the City will act to protect the rights of its citizens and self-governing powers. He explained his motion is stated to allow time to gather more information before action is taken. DM Andrus questioned what two weeks gains to learn more. She feels we should support this and move forward and feels strongly about our non-discrimination ordinance. Cr. Mehl agreed with DM Andrus’ statements but would like to gain more understanding of what Butte and Helen are considering doing in conjunction with Missoula’s consideration. Cr. Krauss will support Cr. Mehl’s motion. He spoke about timing of due diligence as well as circumstances of standing between the voters and the citizen initiative process. Mayor Taylor suggested passing the motion as it stands and add the investigation by ICM Taylor of possibilities of joining with Missoula and The League of Cities and Towns for purposes of establishing whether there is any potential for a conflict. Cr. Mehl does not see the urgency to come back with a vote by Commission. He feels the mid- to late- October time frame seems favorable for efforts. Mayor Taylor wants every transgender person in the state to feel the support of the City of Bozeman. He stated a unanimous vote is important to prevent misunderstanding in our message. 10:44:19 PM (04:45:05) Meeting Extension Mayor Taylor extended the Commission meeting to 11:00 PM. 10:44:24 PM (04:45:10) Continued Discussion Cr. Krauss further explained why he supports Cr. Mehl’s motion. He addressed the need for a legal opinion on the issue. DM Andrus asked for CA Sullivan’s input. Cr. Mehl commented on the legal aspect and a public perception. He talked about how to amend the motion to make a clear message to our citizens. DM Andrus inquired of SK regarding the Commission’s standing if they wait two weeks and the ACLU files their action. Cr. Pomeroy asked SK if she thinks it’s a good idea to pass this motion tonight. Cr. Mehl inquired of CA Sullivan about timing of putting it on the agenda for next week. CA Sullivan asked for clarification on what type of feedback Commission is seeking. DM Andrus commented she prefers to move forward with the current motion but will support Cr. Mehl’s friendly amendments. 10:56:00 PM (04:56:46) Friendly Amendment to the Motion to add a sentence at the beginning of the motion that “The Commission opposes the intent of Initiative 183” and change the last sentence of the motion to “in one week”. 10:56:26 PM (04:57:12) Discussion DM Andrus is agreeable and understands it puts additional work on the CA Sullivan and ICM Taylor. She stated that she is not as concerned with what other cities do as with what Bozeman does and would like 37 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 17 of 18 to move forward this evening, but she will accept Cr. Mehl’s friendly amendment and look at it again one week from tonight. Cr. Mehl commented that he does not know the attorney or how well they will do but was of the understanding after a weekend conversation with Mayor Taylor that the Commission would gather information and delay. Mayor Taylor stated he is good with a week. 10:58:30 PM (04:59:16) Vote on the Motion as Amended that the Commission opposes the intent of Initiative 183. The Commission moves to direct the Interim City Manager to contact other Montana non-discrimination ordinance cities as well as The League of Cities and Towns concerning participation and efforts to challenge the constitutionality of Initiative 183 and to report back with details and a recommendation on both timing and substance of the issue along with a recommendation for the City Commission within one week. 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 5. 11:00:19 PM (05:01:05) Appointment to the Impact Fee Advisory Committee (IFAC) (Crough)  11:00:17 PM (05:01:03) Motion and Vote to appoint Kristin Donald to the Impact Fee Advisory Committee to the City Finance Director position. The motion passed 5-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve I. 11:00:52 PM (05:01:38) FYI/Discussion • Mayor Taylor requested a list of Commissioners’ schedules relative to their absence from Commission meetings between now and the Monday after Thanksgiving. J. 11:02:17 PM (05:03:03) Adjournment Mayor Taylor adjourned the meeting at 11:02 PM. 38 Bozeman City Commission Meeting DRAFT MINUTES for October 9, 2017 Page 18 of 18 39 Page 1 of 11 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, October 16, 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: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough A. 06:02:16 PM (00:09:42) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:02 PM. B. 06:02:23 PM (00:09:49) Pledge of Allegiance and a Moment of Silence C. 06:03:14 PM (00:10:40) Changes to the Agenda There were no changes to the agenda. D. 06:03:29 PM (00:10:55) Minutes 1. Approve the Regular Meeting Minutes from June 12, September 11, September 18, September 25, and October 2, 2017, Special Meeting Minutes from September 7, September 15, September 26, and September 27, 2017, and User Access to Linked Minutes  06:03:39 PM (00:11:05) Motion and Vote to approve the combined City Commission minutes from June 12, September 7, September 11, September 15, September 18, September 25, September 26, September 27, and October 2, 2017, as submitted. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve 40 Bozeman City Commission Meeting DRAFT MINUTES, October 16, 2017 Page 2 of 11 Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve E. 06:04:13 PM (00:11:39) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Authorize the Interim City Manager to Sign a Grant Award with the Bureau of Justice Assistance for the Bozeman Veteran Eligible Treatment Services (V.E.T.S) Court (Herrington)  MOVED TO BEFORE ACTION. 3. Authorize the Interim City Manager to Sign a Notice of Award to Montana Lines, Inc. for the Midtown Streetscape Project (Fine)  4. Authorize the Interim City Manager to Sign a Professional Services Agreement with Big Horn Snow Removal Services for Snow Removal Services at Senior Center and Parking Lots (Meece)  5. Authorize the Interim City Manager to Sign a Task Order with Tetra Tech Task for a 2017-2018 Remediation Systems Oversight (Hixson)  6. Authorize the Interim City Manager to Sign Task Order Number 15 to the Professional Services Master Task Order Agreement with DOWL for Street and Utilities Land Agent Services for the Sourdough Water Main (Murray)  7. Ordinance 1973 Final Adoption, the 2017 Cresent Cross Annexation Zone Map Amendment to Designate 30.129 Acres as R-5, Residential Mixed-Use High Density, Application 17032 (Saunders)  8. Ordinance 1980 Final Adoption, Revisions to Article 38.43, Affordable Housing to Address Condominiums Text Amendment, Application 17381 (Matsen)  06:04:18 PM (00:11:44) City Manager Overview ICM Taylor provided a brief overview of Consent Items 1-8. 06:06:49 PM (00:14:15) Public Comment There was no public comment. 06:07:04 PM (00:14:30) Removal of Item from Consent Agenda DM Andrus requested to pull Consent Item 2 (to be discussed before the Action Items). 06:07:17 PM (00:14:43) Motion and Vote to approve Consent Items 1, 3-8 as submitted. 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 41 Bozeman City Commission Meeting DRAFT MINUTES, October 16, 2017 Page 3 of 11 Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve F. 06:07:43 PM (00:15:09) Public Comment Mayor Taylor opened public comment. 06:08:32 PM (00:15:58) Paul Boylan, Public Comment Mr. Boylan testified against the Links appeal continued later in the evening. He spoke of the neighborhood impacts of the current road. 06:13:11 PM (00:20:37) Paul Spitler, Public Comment Mr. Spitler spoke of the Black Olive II, and stated it is a good project that he hopes the Commission approves. He supports infill, bikeable, and walkable projects, like the Black Olive II. He also supports the changes to the UDC later this evening. 06:15:58 PM (00:23:24) Garrett Agnew, Public Comment Mr. Agnew, representing some MSU organizations, encouraged the Commission’s support of the final action item, joining the opposition to I-183. G. 06:17:04 PM (00:24:30) Special Presentation 1. K-8 STEM Initiative Campaign (Rob Watson and Anne Hossner) Rob Watson, Bozeman Public School Superintendent, and Anne Hossner, Chair of the STEM Committee in the Bozeman Schools Foundation. He spoke of successful partnerships with the City. They discussed the what and why of STEM, as well as some current STEM activities in the school district. Ms. Hossner discussed the role of the foundation. Mr. Watson discussed the need and challenges in STEM education. He discussed the next steps and partnerships. Ms. Hossner thanked the City for their support. They spoke about in-classroom hosting. 06:30:22 PM (00:37:48) Discussion DM Andrus thanked the School Board and Foundation for their work on this program, but she added that art should be included to create STEAM. Cr. Krauss thanked the presenters for their work on the subject, especially for girls. 06:34:27 PM (00:41:53) Consent Item 2. Authorize the Interim City Manager to Sign a Grant Award with the Bureau of Justice Assistance for the Bozeman Veteran Eligible Treatment Services (V.E.T.S) Court (Herrington)  06:34:58 PM (00:42:24) Discussion DM Andrus stated that the Commission has only heard this on consent, but that she stresses the importance of this grant. She acknowledged that acceptance of this grant has long-term financial obligations. She asked for partners for future funding in this endeavor. 42 Bozeman City Commission Meeting DRAFT MINUTES, October 16, 2017 Page 4 of 11 06:38:03 PM (00:45:29) Public Comment Mayor Taylor opened public comment. 06:38:31 PM (00:45:57) Judge Colleen Herrington, Public Comment Judge Herrington discussed the importance of this grant and appreciates the Commission’s support. 06:40:23 PM (00:47:49) Linda Reinhart, Public Comment Ms. Reinhart discussed the life-changing impact of the VET Court. She commended her team with the VA. 06:42:32 PM (00:49:58) Motion to accept the award of the grant request through BJA for $400,000 over 36 months to implement the Bozeman Veteran Eligible Treatment Service Court, BJA #2017- 11321. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Jeff Krauss: 2nd 06:42:51 PM (00:50:17) Discussion DM Andrus spoke in support of the grant. Cr. Krauss thanked Judge Herrington for her initiative, considering the number of vets in the area. Cr. Pomeroy supports the grant and thanked the judges and their teams. Cr. Mehl thanked the teams for their work. Cr. Krauss spoke of the high number of veterans in the area. Mayor Taylor discussed that the City often steps up for issues like these. 06:48:56 PM (00:56:22) Vote on the Motion to accept the award of the grant request through BJA for $400,000 over 36 months to implement the Bozeman Veteran Eligible Treatment Service Court, BJA #2017-11321. The motion passed 5-0. Deputy Mayor - Cynthia Andrus: 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 H. 06:49:13 PM (00:56:39) Action Items 1. 06:49:19 PM (00:56:45) Session Continued from October 2, 2017: Public Hearing of the Bozeman City Commission Regarding Proposed Changes to the City's Zoning, Subdivision, and 43 Bozeman City Commission Meeting DRAFT MINUTES, October 16, 2017 Page 5 of 11 Other Land Use Regulations (Chapter 38, Bozeman Municipal Code) (Known as the "UDC Update") (Public Comment Closed, Commission Deliberation Only) (Rogers)  Supplemental Memo:  06:49:42 PM (00:57:08) Discussion Mayor Taylor updated the status of the current item, and that the Commission asked staff for information on transitions, and when public comment and questions would be taken. 06:54:03 PM (01:01:29) Staff Presentation / Questions of Staff on Transitions Senior Planner Tom Rogers continued the presentation on the UDC Update, specific to transitions. He presented on the current B-3 transition. Cr. Krauss asked for more clarification, and the Commission asked further clarifying questions. Mr. Rogers also compared the transition with B-2M and alleys. He also spoke of a comparison to Boulder’s form chart and their code. Cr. Krauss asked about the history of setbacks and when changes were made. Cr. Mehl asked why the residential bonus wasn’t included in the draft changes. 07:16:17 PM (01:23:43) Staff Presentation / Questions of Staff on Floor Area Ratio (FAR) Mr. Rogers provided examples of maximum FAR buildout in each district. Cr. Krauss asked clarifying questions and discussed each example in detail. Cr. Pomeroy asked about garage heights and ADUs. Cr. Mehl asked why there can’t be higher maximum than 50% for lot coverage. The Commission discussed in detail. Cr. Mehl also asked for the B-3, why is there no FAR for these. DM Andrus asked about the potential of transitions surrounding historic districts, and should they be different? Cr. Krauss asked if this actually maintains the status quo or increases density, including in relationship to the NCOD. He discussed in detail with staff the flexibility and direction of this update. 08:04:34 PM (02:12:00) Reference Time Stamp DM Andrus asked about inserting row 7 (townhouses) and calling it out more. She also asked about conditional and emergency housing in any zone. She also asked about alleys and alley width. She asked about the UDC and NCOD and what trumps what. CA Sullivan clarified that the UDC trumps. Cr. Pomeroy asked about the use of generally vs. residentials not being on the ground floor. She asked staff to explain form and intensity standards. Cr. Mehl asked about the omission of museums downtown. He asked about Special Use Permits and the sale of alcohol downtown, and whether those should be conditional. He asked further about alley restrictions. He asked about garages townhomes. He asked why not allow less lot width in R-4. He asked about stacking utilities. 08:40:26 PM (02:47:52) Procedure Mayor Taylor stated that this item will conclude for tonight, and explained the process for next time. He 44 Bozeman City Commission Meeting DRAFT MINUTES, October 16, 2017 Page 6 of 11 continued the session to October 23, 2017. 08:41:31 PM (02:48:57) Recess Mayor Taylor called the Commission into recess until 8:50 PM. 08:52:47 PM (03:00:13) Call to Order Mayor Taylor called the meeting back to order at 8:52 PM. 2. 08:52:59 PM (03:00:25) Continuation of the Appeal of the Administrative Project Decision 17365 for the Links Condominiums Application 16374 from October 16, 2017 to November 13, 2017 (Quasi-Judicial) (Krueger)  08:53:27 PM (03:00:53) Staff Presentation Development Review Manager Brian Krueger provided background of the appeal. The parties requested a continuance for more time. 08:54:46 PM (03:02:12) Public Comment There was no public comment. 08:55:18 PM (03:02:44) Attorney Clarification CA Sullivan specified that the Commission may reopen the public hearing to consider public comment on November 13th if they choose. 08:56:31 PM (03:03:57) Motion and Vote to continue the review of Appeal of the Administrative Project Decision 17365 from October 16, 2017 to November 13, 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. 08:57:20 PM (03:04:46) The Ridge Athletic Club Planned Unit Development (PUD) Expansion Major Modification Preliminary PUD and Phase 1 Site Plan at the Northwest Corner of South Ferguson Avenue and Fallon Street and Bound by Ravalli Street to the North, Application 17095 (Quasi-Judicial) (Krueger)  08:57:37 PM (03:05:03) Staff Presentation Development Review Manager Brian Krueger discussed the specific modification to add additional area. 45 Bozeman City Commission Meeting DRAFT MINUTES, October 16, 2017 Page 7 of 11 08:58:04 PM (03:05:30) Disclosures Cr. Krauss, Cr. Mehl, and Mayor Taylor disclosed that they are members of the Ridge. 08:58:55 PM (03:06:21) Staff Presentation Continued Mr. Krueger discussed the proposed changes. He discussed the development review process and original Ridge PUD. He discussed the relaxations requested as the site is zoned for residential and the proposal contains none. He discussed the phasing of the site plan. Staff recommends conditional approval. 09:10:21 PM (03:17:47) Questions of Staff Cr. Pomeroy asked if there will be no street access at two sites. She also asked about the signage relaxations. DM Andrus asked about the building direction and access. She asked what the City was getting out of this PUD. She asked about landscaping. Cr. Krauss asked if he has a perceived conflict because he is a member of the Ridge. CA Sullivan spoke of the Commission’s participation responsibility. 09:19:25 PM (03:26:51) Applicant Presentation Steve Roderick spoke of the history of the site, including a landscaping award. He noted that they have been the most suitable to finish off the property. 09:21:50 PM (03:29:16) Public Comment There was no public comment. 09:22:00 PM (03:29:26) Motion that having reviewed and considered the application materials, and all the information presented, I hereby adopt the findings presented in the staff report for application 17095 and move to approve the preliminary planned unit development and first phase site plan subject to conditions and all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 09:22:32 PM (03:29:58) Discussion Cr. Pomeroy stated that the Ridge is one of the city’s many amenities and supports the motion. Cr. Mehl is also in agreement, and the PUD makes sense in this area. Cr. Krauss stated that no public comment was received. Sites like these become infill. Mayor Taylor is looking forward to the project. 09:25:46 PM (03:33:12) Vote on the Motion that having reviewed and considered the application materials, and all the information presented, I hereby adopt the findings presented in the staff report for application 17095 and move to approve the preliminary planned unit development and first phase site plan subject to conditions and all applicable code provisions. The motion passed 5-0. 46 Bozeman City Commission Meeting DRAFT MINUTES, October 16, 2017 Page 8 of 11 Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 4. 09:26:04 PM (03:33:30) Resolution 4812, Adoption of East Gallatin Recreation Area Master Plan (Poissant)  09:26:27 PM (03:33:53) Staff Presentation Parks and Recreation Director Mitch Overton introduced the East Gallatin Recreation Area master plan. 09:27:34 PM (03:35:00) Disclosures Mayor Taylor, Cr. Pomeroy, and Cr. Mehl disclosed that they are members of the Sunrise Rotary Club. 09:27:47 PM (03:35:13) Staff Presentation Continued Design and Development Manager Carolyn Poissant discussed the adoption process, as well as the process of the plan creation. She noted that the public survey showed the park’s popularity. She discussed the design objectives of the plan. She discussed the parking layout concept. She discussed the Rotary’s participation in maintaining the area. 09:34:49 PM (03:42:15) Questions of Staff DM Andrus asked if this is currently a City park. Ms. Poissant clarified that it is a lease agreement with the state. Cr. Krauss asked if there is a difference between a conceptual master plan and a normal master plan. He asked if the master plan is accompanied with a narrative. He asked how much of the park will be surrounded by roads with the additional entryway. He asked about city maintenance. Mr. Overton noted that the plan doesn’t incorporate all the parcels associated with the park. He requested a copy of the narrative. 09:43:30 PM (03:50:56) Applicant Presentation Bob Ferrington with the Bozeman Sunrise Rotary urged the Commission to adopt the plan that the service club has been working on for several years. He discussed the role of Sunrise Rotary in improving the park. 09:47:23 PM (03:54:49) Public Comment There was no public comment. 09:47:36 PM (03:55:02) Motion that in consideration the information presented to date, I hereby move to adopt Resolution 4812 adopting the conceptual master plan for the East Gallatin Recreation Area in 47 Bozeman City Commission Meeting DRAFT MINUTES, October 16, 2017 Page 9 of 11 accordance with the 2007 Parks, Recreation, Open Space and Trails Plan and the Bozeman Municipal Code Section 26.02.220. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 09:48:02 PM (03:55:28) Discussion Cr. Mehl noted the work that went into the process, and noted the improvements to be done. DM Andrus will also support the motion. Cr. Krauss stated he likes the idea of incrementally improving the park. He provided some legislative history of city stewardship of the state land. He is also excited about the second access. Cr. Pomeroy thanked the Sunrise Rotarians. Mayor Taylor stated he is happy to approve the plan for this park, and noted it is a community park, not a neighborhood park. He discussed access. 09:56:23 PM (04:03:49) Vote on the Motion that in consideration the information presented to date, I hereby move to adopt Resolution 4812 adopting the conceptual master plan for the East Gallatin Recreation Area in accordance with the 2007 Parks, Recreation, Open Space and Trails Plan and the Bozeman Municipal Code Section 26.02.220. 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 5. 09:56:36 PM (04:04:02) Authorize the City of Bozeman to Participate as a Plaintiff in a Lawsuit Challenging the Constitutionality of Initiative 183 (1-183: Montana Locker Room Privacy Act) (D. Taylor)  09:56:54 PM (04:04:20) Meeting Extended Mayor Taylor extended the meeting until 10:30 PM. 09:57:00 PM (04:04:26) Staff Presentation ICM Taylor introduced the item and CA Sullivan provided some background for the status of the initiative. He stated that in effect the City would be retaining the ACLU’s legal counsel for the case. There would not be financial costs to this, but there would be time. There is no risk of counter-claims. The City of Missoula joined as a plaintiff in the ACLU lawsuit. Helena will have another conversation next Monday night. Whitefish and Butte/Silverbow have not had a discussion. The Montana League of Cities and Towns was requested by Missoula to join as a plaintiff, but have declined at this time. He noted that the ACLU would be acting pro-bono. He discussed the ACLU’s legal counsel in detail. He recommended 48 Bozeman City Commission Meeting DRAFT MINUTES, October 16, 2017 Page 10 of 11 requesting ICM Taylor to come back with a resolution appointing special counsel, and to consider which City Attorney would be the liaison with said counsel. 10:07:11 PM (04:14:37) Questions of Staff Cr. Krauss if litigation strategy would be a public meeting since all parties are public. DM Andrus asked for clarification of what happens if the League joins the lawsuit. She asked who he recommended in his office be assigned. 10:12:15 PM (04:19:41) Public Comment Mayor Taylor opened public comment. 10:12:25 PM (04:19:51) Gena Hupka, Public Comment Ms. Hupka spoke in favor of I-183 and God’s love. She asked that the Commission allow the voters to make their choice at the ballot box. 10:15:24 PM (04:22:50) Kendra Nevin, Public Comment Ms. Nevin spoke of transgender people, and the negative impacts of I-183. 10:17:13 PM (04:24:39) Vassu Sujeetra, Public Comment Mr. Sujeetra spoke in opposition of I-183 and encouraged the Commission to speak to diverse people. 10:18:35 PM (04:26:01) Nikki Bailey, Public Comment Ms. Bailey stated that human rights are not something to be voted on, and urged joining the lawsuit. 10:19:52 PM (04:27:18) Hilary Ann Crosby, Public Comment Ms. Crosby urged the Commission to join the lawsuit as plaintiffs. 10:20:22 PM (04:27:48) S.K. Rossi, Public Comment Ms. Rossi stated that public entities will not be the only parties in the lawsuit. 10:21:16 PM (04:28:42) City Attorney Clarification CA Sullivan stated that there was a fiscal note about the bill released in June and the fiscal impacts. 10:22:43 PM (04:30:09) Motion to authorize the City of Bozeman to participate as a plaintiff in a lawsuit challenging the constitutionality of Initiative 183 (the Montana Locker Room Privacy Act) and to request the interim city manager bring a resolution before the Commission appointing Alex Rate of the ACLU of Montana Foundation and Gabriel Arkles of the ACLU LGBT & HIV Project of the ACLU as special counsel for the City of Bozeman and to direct someone in the City legal staff as our point of contact. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Jeff Krauss: 2nd 49 Bozeman City Commission Meeting DRAFT MINUTES, October 16, 2017 Page 11 of 11 10:23:28 PM (04:30:54) Discussion DM Andrus appreciates the public comment, but feels the motion is the right thing to do. Cr. Krauss discussed the importance of having initiatives in front of the voters, but he also believes in law, and feels the laws of the country need to protect the minority. He does support the motion. He doesn’t want the City to be liable for enforcing this. 10:29:36 PM (04:37:02) Meeting Extended Mayor Taylor extended the meeting to 10:45 PM. 10:29:44 PM (04:37:10) Discussion Continued Cr. Pomeroy stated this is the right thing to do so she supports the motion. Cr. Mehl supports the motion. He stated this protects rights, the City preserves its self-governing powers, and addresses liability protection. Mayor Taylor stated that it would be wrong to not dispute the constitutionality of something that is wrong. He discussed getting to know someone different. We are a welcoming city that protects our population. 10:36:46 PM (04:44:12) Vote on the Motion to authorize the City of Bozeman to participate as a plaintiff in a lawsuit challenging the constitutionality of Initiative 183 (the Montana Locker Room Privacy Act) and to request the interim city manager bring a resolution before the Commission appointing Alex Rate of the ACLU of Montana Foundation and Gabriel Arkles of the ACLU LGBT & HIV Project of the ACLU as special counsel for the City of Bozeman and to direct someone in the city legal staff as our point of contact. The motion passed 5-0. Deputy Mayor - Cynthia Andrus: 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 I. 10:37:01 PM (04:44:27) FYI/Discussion 1. Mayor Taylor reminded the public and Commission of Wednesday’s Black Olive II meeting. 2. Cr. Krauss asked about the upcoming Commission schedules. J. 10:39:20 PM (04:46:46) Adjournment Mayor Taylor adjourned the meeting at 10:39 PM. 50 Page 1 of 12 THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES Wednesday, October 18, 2017 AGENDA ORDER MODIFIED DURING MEETING. ITEM AND NUMBER DESIGNATIONS REMAIN AS ORIGINALLY NOTICED. 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, Community Development Director (CDD) Martin Matsen, Development Review Manager (DRM) Brian Krueger, Meeting Clerk Alicia Kennedy A. 06:00:10 PM (00:07:00) 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. 06:00:20 PM (00:07:09) Pledge of Allegiance and a Moment of Silence C. 06:01:12 PM (00:08:01) Changes to the Agenda Mayor Taylor moved Item D. General Public Comment to the end of the agenda. D. General Public Comment E. 06:01:53 PM (00:08:43) Action Items 1. 06:01:53 PM (00:08:43) Continued from October 9, 2017: The Black Olive II Site Plan and Certificate of Appropriateness, 202 South Black Avenue, Application 17265 (Quasi-Judicial) (Krueger)  06:02:36 PM (00:09:25) Public Comment Mayor Taylor limits public comment to two hours. 06:04:36 PM (00:11:26) Greg Beadsley, Public Comment 51 Bozeman City Commission Special Meeting DRAFT MINUTES, October 23, 2017 Page 2 of 12 From the Northeast neighborhood and concerned about B-3 (?) development adjacent to R-2 properties. People in the shadow of these projects are losing their home dream and privacy. Parking and views have been compromised. These projects impact negatively the already established neighborhoods. He hopes the new residents will make a positive impact on the neighborhoods, but questions the cost. 06:08:03 PM (00:14:53) Bob Cruise, Public Comment Concerned with the retail component of the project. He is concerned with the parking of the retail space. He said this is not being addressed. The neighborhoods are already being burdened by retail space downtown. Will be difficult for patrons of the businesses to find space to park. The City Commission needs to address how the mixed-use parking will impact the neighborhoods. 06:10:12 PM (00:17:02) Jason Basey, Public Comment Lived here for about 20 years. He feels the Black/Olive project is smart growth. He defined smart growth as compact walkable centers. It is also walkable/bike friendly development with a range of housing choices. Requires planners, architects and historic preservation. If we all want smart growth, this is the type of project that should be approved. Read from the Downtown Improvement Plan – talking about being able to live, work and play in one area. Downtown should be the highest and most intense. Our plans were written to approve these projects. 06:13:07 PM (00:19:57) Steve Harvey, Public Comment Thanks the Commission for the work they do. Talked about the success of his photonics business and that in order to grow you want to recruit the best. Sprawl is bad growth. In order to locate businesses in the downtown core, staff is looking for a semi-urban lifestyle. Part of rapid growth of Seattle in the 90’s. Seattle embraced density and reduced sprawl. We should embrace density as outlined in our plans and code. He is looking at this objectively as he doesn’t have a “dog in this fight” – and in his mind this is best for the community as a whole. 06:16:22 PM (00:23:11) Pat Templin, Public Comment She lives 12 houses south of Black/Olive. She opposes the building on aesthetics. She also opposes it because of parking – the parking study done says they’re at 85% already. She opposes it because of privacy. 06:17:57 PM (00:24:47) John Preston, Public Comment Lived downtown for 24 years. Did not consider the neighborhood and community in the project design. The neighbors this this is not infill, but overfill. We will sprawl as long as farmers continue to sell their land, this project won’t stop that. Shared a Daily Chronicle editorial from the last Black/Olive vote. He questions the proposal that inhabitants may not need vehicles. He feels it will be a slap in their face if approved. He wants an explanation how the project has changed if it’s approved. 06:21:05 PM (00:27:55) Steve Kirkoff, Public Comment It’s the commission’s job to protect community welfare. Save Bozeman was formed for the same reason. He feels the Save Bozeman group is a noble cause. Many long-term residents are leaving, but these 52 Bozeman City Commission Special Meeting DRAFT MINUTES, October 23, 2017 Page 3 of 12 people are not giving up. The project should be denied – not conditional or changed. Denial is for the welfare of the City. This project will be a precedent moving forward – for projects and moral. The impacts of these projects is too much (scale, etc.). 06:24:37 PM (00:31:27) Joseph Romano, Public Comment Restaurant owner in downtown Bozeman. Owns 2 restaurants and a lot of money invested in downtown. He needs downtown housing to get staff to move in. 06:25:38 PM (00:32:28) Amanda Evajungles, Public Comment Moved from San Diego which is facing growth. She lives a minimalist lifestyle and this is the type of project she’s looking for. She didn’t want to commute downtown. She understands historic preservation, but this is a good project for her peers. 06:27:20 PM (00:34:10) Connie Lang, Public Comment Opposed the project because it is not affordable. This is a high-end development project. This means less and less opportunities for affordability downtown. 06:28:20 PM (00:35:10) Doug Chandler, Public Comment Civil Engineer and says that projects have design standards that guide them. He supports not enlarging roads to accommodate rush hour traffic. He promotes carpooling and other methods to reduce demand on roads, etc. He thinks the parking criteria is too relaxed for B-3. Discusses what he feels are realistic parking demands based on number of bedrooms. 06:31:36 PM (00:38:26) Steve Scarf, Public Comment Houses around his are all being sold. Change is inevitable, but not all change is good. Feels the project is too massive and tall for the neighborhood. Many residents use Olive as their east/west connection. More residents will increase parking. A 5 story building will shade the street and make travel more hazardous. 06:33:21 PM (00:40:11) Clark Babcock, Public Comment When he saw the Downtown Plan and saw that B-3 zoning should be most intensive, he thought the 5- West project was the “poster child”. Five West has underground parking for the residents. Discusses other projects and their parking situations. Feels comparably, Black/Olive is too big for the site. 06:36:34 PM (00:43:23) Justin John, Public Comment Lived downtown for 10 years. He supports Black/Olive. Thinks there is a demand for housing and growth. He thinks downtown doesn’t have a parking problem, but a “convenient parking problem”. You walk 200ft to get to the Target door, but when applied to your own home, people think it’s too much. His 12 year time here makes him just as relevant as someone who’s been here months or many more years. He expects a compliant B-3 project to fit in with non-compliant buildings is a poor expectation. It’s not that Black/Olive is not too big, others are too small. 53 Bozeman City Commission Special Meeting DRAFT MINUTES, October 23, 2017 Page 4 of 12 06:39:19 PM (00:46:09) Jack Renairy, Public Comment Downtown Bozeman has been a success. We are the envy of other downtowns and have taken traffic from other similar communities. The scale of our downtown is part of what is attractive. He feels the tall buildings are out of scale with the area. Andy Holleran’s projects are the only ones that push setbacks and height at the same time. He feels these projects will not reduce housing costs. These are small expensive projects. The issue is growth – and that is bigger than downtown. 06:42:28 PM (00:49:18) Daryll Shleim, Public Comment The Bozeman Chamber of Commerce supports this project. This conforms to codes of what downtown should look like. Many communities would embrace Andy and for what he brings to communities. When you live close, he recognizes that you are emotional. There are a lot of organizations that have put a lot into making these projects successful. Bozeman is growing and this is the future of Bozeman. Many businesses are looking for projects like this to provide housing for employees. 06:44:29 PM (00:51:19) Laura Rhine, Public Comment Encourages the commission to approve the project. Holleran incorporated the commission’s suggestions. It’s time for the commission to embrace a project that meets the City’s goals. Project responsibly uses land downtown. Allows for social and economic diversity. Downtown is currently only for a few. This project will make living downtown more accessible for more than a select few. She feels the change will contribute to the vibrancy of the town. 06:47:02 PM (00:53:52) John Husking, Public Comment Opposes the Black/Olive project. Here to represent the people working or at home who couldn’t make it. The project was declined by the Design Review Board and the Historic Preservation Board. Even the commission has said this project is overbuilt. This building is an affront – there is not transition to the neighborhood. No assurance that the population can be handled. Balconies are too close to the homes. He opposes the developer saying he needs to build it to this scale to “make the money he needs”. 06:50:16 PM (00:57:06) Nolan Campbell, Public Comment Thanks commission and neighbors and speaks of his background. He supports the project. Discusses homes being developed and people moving into community. He supports fair housing. Misinformation is a problem with this project – it’s hard to figure out and shouldn’t be boiled downtown to facebook posts. This type of project is our easiest solution to affordable housing. He’s hoping vehicles and fear won’t hold this project back. 06:53:10 PM (01:00:00) Collet Kirkhoff, Public Comment Thanks commission because growth and change are hard. She loves where she lives – even though she’s nowhere near this project. She believes in infill and walkability and smart growth. She believes in a vibrant downtown. She likes the project, but doesn’t think it fits. We should demand a more attractive building – something that doesn’t divide our city. She is concerned that we are not listening to our people. She hopes the commission makes decisions we will be proud of. 54 Bozeman City Commission Special Meeting DRAFT MINUTES, October 23, 2017 Page 5 of 12 06:56:25 PM (01:03:15) Paul Neubaur, Public Comment People from all over town have declined this project. Design Review Board declined it, and they don’t live near it. Not all conforming buildings are contextually appropriate. Why approve a project that is declined by the boards. Continued to quote the code that could potentially speak against the project. How can the growth policy be what gives the commission permission to approve it, while the lines that oppose it are ignored. A well-run city would not undermine the board suggestions. He supports infill, but opposes the scale of this building. 06:59:44 PM (01:06:34) Ellen Stevenson, Public Comment Thanks the commission. Feels the project is too big. She said we want affordable housing, but this is just too big. It wouldn’t fit on Main Street, so questions how can it fit in this space near homes. 07:01:02 PM (01:07:52) Darryl Barrent, Public Comment Has lived here a long time and discusses the change he’s seen. He is not against growth and change. The project is being proposed as mixed-use, but only about 800 sq ft is being used as commercial. This allows the developers to develop the project with max bedrooms and minimal parking. The infrastructure for this project is inadequate. Feels we are saying goodbye to charming downtown. Feels both sides make good points. A decision that displeases both sides is probably the best decision. He suggests a 4-story space with more commercial space. He feels this is more in line with the intent of the plan. Off-street parking should be dedicated to residents. 07:04:12 PM (01:11:02) Randy Peters, Public Comment Owns the property next door. He opposes the project. Discusses the design and according to Hollaren it is maximizing the site. This is bad design for the community. He is concerned about the parking, compatibility and transition. Design Review Board has said this a number of times. We should consider a more delicate transition for the neighborhoods. 07:06:06 PM (01:12:56) Allan Kirk, Public Comment While making sure projects meet the minimums, we should also be sure that projects are appropriate. Questions if this is the best use for this land. This does not meet moderate or affordable housing based on the proposed pricing for the apartments. Just because some people can afford it doesn’t mean the commission should approve it. These could be fancy seasonal apartments. Discusses a previous court case with Town & Country and Design Code sited at the time. These projects will not meet bedrooms needed for Bozeman’s growth. 07:09:33 PM (01:16:23) Brian Popiell, Public Comment From the SWIMBA organization, but here on his own terms. He knows no one want apartments in their neighborhood. Mostly you hear neighbors coming out speaking out about it. On the other side are businesses, environmentalists, etc. speaking out in support. What we hear from neighbors in this area, we hear that they want different zoning – that’s a legitimate conversation that needs to happen outside of one specific project. There is a lot of misinformation and personal feelings being thrown around with this project. We should uphold 50 years of planning. 55 Bozeman City Commission Special Meeting DRAFT MINUTES, October 23, 2017 Page 6 of 12 07:12:37 PM (01:19:26) Brian Segal, Public Comment He lives downtown and through this has been educated on smart growth. He thinks parking should be a non-issue. However, he thinks there needs to be a compromise – 4 stories may be more appropriate. The commission took up this project to talk about this project, not zoning, etc. He thinks Chris Saunders should be planning director, because he is an insider, with perspective. 07:16:04 PM (01:22:54) Eilleen Tenny, Public Comment Lives in a historic home downtown. She does not want to tell the previous historic owner of her home that we approved this project, because it does not fit in the important historic neighborhood. They are working to get that district labeled as historic. This is one of the most important historic districts in the town. The historic districts should stay the way they are. 07:18:13 PM (01:25:03) Jacquiline Katz, Public Comment She is concerned for the parking. She is a property manager and has never rented to someone who doesn’t own a car. She thinks it would be horrible to approve something that doesn’t have at least one parking space per bedroom – included in rent. She thinks the people are willing to negotiate and people need to compromise. If Andy Holleran can’t make money on that project, then someone else should build something. Commercial on the first level or parking would be ideal. This is not affordable. 07:20:46 PM (01:27:36) Gretta Dikeman, Public Comment Opposes the project. Inadequate parking. Too many units compared to the number of potential cars. She thinks it’s absurd to think that 1 shared use vehicle is equal to 5 spots. She thinks there is not architectural contribution to the neighborhood. She is concerned that this project will encourage more tall buildings in the halo. With no parking, people will not come downtown. Smart growth is not big box apartments. These are residential neighborhoods that people have raised families for years. Developers are not considering quality of life – they just care about money. Encourages commission to listen to residents. Do not try to change Bozeman into any other larger cities. 07:24:26 PM (01:31:15) Stuart Mitchell, Public Comment Encourages the commission to vote on this tonight. Frustrating to see so much misinformation on this project. We need to have balanced growth. What makes Bozeman special is that it is not like everywhere else. He appreciates being “in the middle of nowhere”. We need mass-transit, etc., but need to preserve our community. Will put a rift in our town if approved – will discourage people from being involved in the future. 07:28:10 PM (01:34:59) Pete Dykman, Public Comment Opposes this project. Too big for the site – not enough setbacks. Should have some green space, and not more than 3 or 4 stories. He feels the parking should come with the buildings. He feels it should be like the Stiff Building with the landscape in the front. He feels it’s the same footprint as the post office in a smaller space. Thinks some neighbors may not have sun in the winter. It will affect other people’s gardens. May require a 4 way stop sign or traffic light. 56 Bozeman City Commission Special Meeting DRAFT MINUTES, October 23, 2017 Page 7 of 12 07:31:02 PM (01:37:51) Amy Jones, Public Comment Born in Bozeman. She is a student at MSU and studying architecture. Appreciates listening to the comments. Not sure if she opposes or supports the project. 07:32:36 PM (01:39:25) Christine Joy, Public Comment Opposes the project. Too large and inappropriate. Asks them to respect the community. 07:34:10 PM (01:40:59) Staff Response to Public Comment Brian Kreuger said nothing new was addressed that changes the staff’s opinion of the project. 07:34:36 PM (01:41:26) Applicant Rebuttal Andy Holleran responds by thanking the audience and commission. Said that we are a community based on laws, rules and codes. As a developer he followed the codes that have been adopted – and this project meets or exceeds the codes. He has also listened to what the commission suggested. He respectfully asks for approval after the changes have been made. Bozeman is growing and they are excited for this project. 07:37:10 PM (01:43:59) Recess Mayor Taylor called the Commission into recess until 7:45 PM. 07:44:53 PM (01:51:42) Call to Order Mayor Taylor called the Commission back to order at 7:45 PM. 07:45:59 PM (01:52:49) Questions of Applicant Cr. Krauss questions if the Design Review Board reviewed this application officially. Cr. Krauss questions if only 2 members of the commission met and voted on Black/Olive, if that would be an official vote. 07:47:25 PM (01:54:15) 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 17265 and move to approve the Black Olive II Site Plan and Certificate of Appropriateness application subject to conditions and all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:48:17 PM (01:55:06) Discussion Cr. Mehl Commented on parking and suggested amending the motion to have the Parking Commission consider implementing a parking district prior to completion of the project. Cr. Krauss responded regarding parking. DM Andrus was interested in moving the issue of parking districts forward. 57 Bozeman City Commission Special Meeting DRAFT MINUTES, October 23, 2017 Page 8 of 12 Cr. Mehl commented on the Downtown Parking Plan and how we can tackle parking in these areas. Mayor Taylor thinks that regardless of what happens here, it could be beneficial to explore a parking district downtown. 07:53:01 PM (01:59:51) Amendment to the Motion to instruct the Bozeman parking commission to consider and potentially implement a new residential parking permit district or districts around downtown and in the neighborhood north and south of the commercial downtown district by July 31st, 2018. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:53:25 PM (02:00:15) Discussion CA Sullivan encouraged commission to stick to the issue at hand. Cr. Mehl states that if we’re addressing parking downtown in this issue, that this is relevant. This parking district should be in place before any additional projects begin operating. To park more than 2 or 3 hours you would need a residential parking sticker. With regards to this project, no additional parking stickers would be provided. As a result, there would be no parking impact on the neighborhood. DM Andrus thinks this it is an interesting idea, but as a liaison to the Parking Commission, it needs further discussion. Cr. Krauss says that he encourages the commission not to discuss something that has not been advertised and that the public has not been able to weigh in on. Cr. Pomeroy agrees that this should not be discussed at this time. Mayor Taylor thinks parking is essential and that a parking district may allay some of the parking impacts. He thinks the language only means the parking commission will consider it sooner, not guarantee that it will pass. Cr. Mehl apologizes for anyone who is concerned. He feels his motion is general and to encourage the commission to look into this. His suggestions for the outcome of the parking district are his own. He thinks addressing these districts is important for upcoming projects. Cr. Krauss states that this piece puts his yes or no in jeopardy, because he may not approve just this one piece. He understands the intent, but thinks connecting the two could be bad. Cr. Mehl asks to withdraw the motion and encourages Mayor Taylor to add it to a future agenda 08:06:24 PM (02:13:14) Amendment to the Motion withdrawn. 08:06:36 PM (02:13:25) Amendment to the Motion that the west building elevation must be modified and be designed to be substantially similar in façade articulation and off set on the top floor no greater than as the east elevation in order for the building to exhibit clear order and composition on all elevations and to provide a layering of design elements on the west façade. The final building design must be submitted in the form of a final plan to the director of community development for review and approval prior to the building permit submittal. 58 Bozeman City Commission Special Meeting DRAFT MINUTES, October 23, 2017 Page 9 of 12 Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 08:07:00 PM (02:13:50) Discussion Cr. Mehl thinks it would fit more appropriately in the neighborhood with this adjustment. Cr. Andrus thinks this would help make it look smaller and could go a long way. Mayor Taylor states that the question is mass and scale which relates to compatibility. He thinks this may help to reduce the mass of the building. 08:11:10 PM (02:18:00) Vote on the Amendment to the Motion that the west building elevation must be modified and be designed to be substantially similar in façade articulation and off set on the top floor no greater than as the east elevation in order for the building to exhibit clear order and composition on all elevations and to provide a layering of design elements on the west façade. The final building design must be submitted in the form of a final plan to the director of community development for review and approval prior to the building permit submittal. The Amendment 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 08:12:13 PM (02:19:03) Discussion on the Main Motion Cr. Mehl we all care about Bozeman and that is why people speak out. Disagreement does not mean disrespect. We reclaimed it twice because they know people care about this. People came here because of what Bozeman is. Our airport is indicative of our success. Planning is important – pointed to 4-corners and their need to reorganize poor planning. He does not want to sprawl out like Houston. He would like to make some changes to parking in the City. He thinks we should expect good design and he thinks the amendment will help with design. The downtown was zoned for density and has been for a long time – the halo is not just close to downtown, but intended to be part of downtown. Cr. Mehl quotes downtown plan and the desire for intensity in the downtown area. The downtown plan also is concerned with commercial – and suggests 500 new units downtown. The plan has been in place for 7 years and we have built about 100+ units. The commission has also voted twice for the beginning of the strategic plan, which calls for a high quality urban approach. There has been a robust public comment period on a number of these city plans. Quotes the UDC and that what it is zoned is what determines what is allowed there. He states this will not happen in all residential districts – it is only possible in this B-3 district. We are not asking downtown alone to carry to load – there are other areas of density such as Midtown. He is looking for nodes throughout the community. At 3-4% growth, all of those areas will grow – and hopefully it will curb sprawl. Because of City density versus county density, we are many 59 Bozeman City Commission Special Meeting DRAFT MINUTES, October 23, 2017 Page 10 of 12 square miles smaller. The longer we take to decide, the more sprawl will happen in the meantime. People are coming no matter what we decide tonight. He says he met with individuals primarily on the opposing side, and the commission is not doing anything backhanded with developers. DM Andrus thanks the developer for bringing them a project to start a conversation about growth. She thanks everyone involved in the conversation and for questioning what makes a good neighborhood. She does not agree with everything said on either side. Not agreeing with anyone does not mean she is not listening. A vibrant downtown needs to not only provide interesting things to do, but also residences. Downtown is integral to our community, not its own entity. She does not think downtown should be the only area with a higher, more dense scale. Thriving neighborhoods are as important as a thriving downtown. Neighborhoods are not just residential, but also commercial. Good neighborhoods encourage interaction, multimodal transportation, etc. Where we have change, we have conflict – where downtown meets a neighborhood, we are having conflict. Because of the transition area, context is really important for this project. Every project should be considered for context – regardless of how it fits into a plan. She feels it is compatible on two faces (north and west), but not on the other two (south and east). Continues to evaluate how the building may or may not fit with the guidelines. She does not feel it is not compatible and sensitive to the neighborhood. Cr. Krauss wants to include the findings of the staff in his comments, because he supports them and does not need to repeat them. There are 45,000 people in our community and they all make this place special. We are required to apply the law to the application. He will be voting yes to the project. There was a residence near this area years ago – that was very important and it was torn down. A 2 story building took its place and is now the HRDC. Currently, that building would never be allowed to turn down. However, the tapestry of neighborhoods changes with time and that building has since worn awards. This property has been central business for many years. Discusses the minimum density for this area, but density is not just the minimum. The plan does not just encourage density downtown, but high density near the downtown. As business expands, there was an expectation that single family residences would turn to commercial use. This is more than just the finding of staff, it is also a stake in the ground where we need to decide if we will keep things as they are or move forward. If he has to decide one way or the other - between history and building for the future – he supports live and work walkable, smart growth downtown. He has various plans that look to the future and there is a long history of people making decisions for the future, and not for the past. What we decide in the downtown, has an impact on what happens in other parts of the town. Spoke to a previous project that was high density on Huffine that abutted single family homes, and that project was approved as well – it is not just downtown facing these issues. There was a time when the commission voted to get rid of the blight downtown – no one voted to preserve the blight. Plans have continuously asked for more density and livability and walkability downtown – it is not just a recent plan allowing this. There have been some changes as a result of the 2020 plan that encouraged reduced parking, etc. but that was not voted on by this commission. He is supporting because of the way this question has been posed in the community. Cr. Pomeroy thanked everyone for their patience. For 15 years - at least - we have supported policies that prevented sprawl. We have supported the open space bond and growing up to preserve the land around us. Spoke about trust: Fairness, Openness, and Inclusiveness. To maintain trust we need to treat this developer fairly. Growth downtown is important to keep downtown healthy. Growth is so fast, 60 Bozeman City Commission Special Meeting DRAFT MINUTES, October 23, 2017 Page 11 of 12 there is a housing shortage that causes affordability problems. The application complies with all City requirements. Cr. Mehl said that they are trying to do some work on parking and transition is a new topic – and they are working on transition. Spoke about affordability – new units mean more people can live downtown. Downtown is so expensive because of scarcity. When new housing doesn’t show up, the cost of moderate housing goes up. To keep downtown vibrant – especially with “amazonization” of shopping – it’s keeping downtown walkable. Building downtown is easier financially on the city than building on the outskirts of town. He supports the staffs report and the car share has been reduced to one to test the program. This is better for downtown, the environment, etc. Cr. Krauss said this community debate has been really good and provided us a chance to review our strategies and review our plans. This allowed us an opportunity to put in to effect a transition zone since the plans are increasing density. Read from a couple of letters that support the downtown plan and increasing density. Mayor Taylor disclosed that he spoke with Andy Holleran regarding the previous proposal to get clarification about what it is he said when the proposal was declined. There has been a plan for downtown for a long time – and as long as the transition is taking place, there will be conflict. However, just because it’s allowed by code, doesn’t mean it has to be approved. Until this area is fully commercial or mixed-use, it will continue to be an area of conflict. He is pleased with the other higher density buildings around town. What we are facing in Bozeman is not unique to us. There will be a struggle to figure out the right way to move forward – not just here. He keeps hearing that this project is the tipping point for downtown. He has also heard that if you don’t approve this building downtown will be stagnant and we’ll lose downtown. He doesn’t believe either of those are true. He feels it is a test to the cohesiveness of the neighborhood to the south, and that it will be a test in car sharing, etc. They will work on the parking piece to keep parking for residents and for people to continue to come downtown. The City needs to find a means for addressing parking downtown that does not rely on the surrounding neighborhoods. The parking garage is underutilized – so parking is likely not as much of an issue as people think it may be. In his opinion, 20 years from now, this building will not dwarf the historic district, or minimize the R-2 surrounding it. The R-2 to the south will stay there for a long time. Twenty years from now, there will not be a TIF district to support downtown – the downtown plan realizes that there needs to be residences nearby to supplement what will be lost when the TIF expires. We need to consider the environment when talking about growth – we alone cannot stop climate change, but if we adopt what other cities are doing we may make a difference together. We also need to address the county. We as a city are 50% of the county – we can make a difference by voting in the county, not just the city. There is a lot happening in the county that we can have an impact on as a City – we can act to prevent sprawl in the county. Doing the right thing for the community as a whole is hard when it affects us personally. He supports this primarily for the climate – and need to take a critical look at ourselves. We have the right to demand the best and most high quality design – many of the things we asked for with this project have been met. All of the changes are a result of community discussion. He does not understand the intensity of the emotions on both sides – it will only “ruin Bozeman” if we let it. We need to encourage and maintain the neighborhoods. We need to be proud of a downtown that will last. CA Sullivan asked all Commissioners to confirm the car share program meets Administrative order 2017- 01 prior to voting and that they agree with the findings that the other Commissioners have made. 61 Bozeman City Commission Special Meeting DRAFT MINUTES, October 23, 2017 Page 12 of 12 All Commissioners agreed or stated that they already agreed that it complied during the discussion. 09:25:53 PM (03:32:43) Vote on the Motion as Amended 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 17265 and move to approve the Black Olive II Site Plan and Certificate of Appropriateness application subject to conditions and all applicable code provisions. The Motion passes 4-1. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Disapprove Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve D. 09:26:10 PM (03:33:00) General Public Comment 09:26:44 PM (03:33:34) Doug Chandler, Public Comment He encourages the commission to reconsider the parking standard in the B-3 zone. F. 09:27:36 PM (03:34:26) FYI/Discussion 1. Mayor Taylor states that they will be starting the October 23rd Commission meeting with a 2 hour discussion on the UDC Update and that they will try to get to the other items on the agenda as quickly as possible. G. 09:28:06 PM (03:34:56) Adjournment Mayor Taylor adjourned the meeting at 9:28 PM. 62 Page 1 of 14 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, October 23, 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: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough A. 06:01:11 PM (00:04:54) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:01 PM. B. 06:01:20 PM (00:05:03) Pledge of Allegiance and a Moment of Silence C. 06:02:10 PM (00:05:53) Changes to the Agenda ICM Taylor stated that there will be one more special presentation, introducing the Historic Preservation Specialist. D. 06:02:38 PM (00:06:21) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Authorize the Interim City Manager to Sign a Notice of Award and Purchase Agreement with Neo Solutions, Inc. for Polymer at the Water Reclamation Facility (Radcliffe)  3. Authorize the Interim City Manager to Sign a Professional Services Agreement with The Nest Collective, LLC for Public Works Department Public Relations Services (Woolard)  4. Resolution 4851, Appointing American Civil Liberties Union (ACLU) Attorneys as Special Counsel to Represent the City of Bozeman in Litigation Related to Initiative 183 (I-183, the “Montana Locker Room Privacy Act”) (Sullivan)  06:02:42 PM (00:06:25) City Manager Overview ICM Taylor provided a brief overview of Consent Items 1-4. 63 Bozeman City Commission Meeting DRAFT MINUTES, October 23, 2017 Page 2 of 14 06:04:46 PM (00:08:29) Public Comment There was no public comment. 06:05:05 PM (00:08:48) Motion and Vote to approve Consent Items 1-4 as submitted. The motion passed 4-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Absent for Vote Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve E. 06:05:24 PM (00:09:07) Public Comment There was no public comment. F. 06:06:31 PM (00:10:14) Mayoral Proclamation 1. Red Ribbon Week  Mayor Taylor read a proclamation regarding Red Ribbon Week. He presented the proclamation to Ed Sypinski. Mr. Sypinski, Prevention Specialist with Alcohol and Drug Services, thanked the Commission for its support in Red Ribbon Week. Rick Gale, a member of many local drug prevention organizations, further discussed the intent of Red Ribbon Week, and upcoming events for the week. G. 06:11:50 PM (00:15:33) Special Presentations 1. 06:11:51 PM (00:15:34) Introduction of Trang Nguyen, Da Nang Institute for Socio-Economic Development, Da Nang, Vietnam (Fontenot) Economic Development Director Brit Fontenot introduced Trang Nguyen, visiting the City on an ICMA exchange program. Ms. Nguyen discussed her experience so far including the hospitality of many, and expressed her interest in the city and its growth issues, and her appreciation of public comment. She thanked the Commission and discussed future relations of the two nations. Mayor Taylor officially welcomed Ms. Nguyen to the city. 2. 06:21:36 PM (00:25:19) Introduction of Tanya Andreasen, Neighborhood Coordinator (D. Taylor) ICM Taylor introduced the new Neighborhood Coordinator, Tanya Andreasen, and explained her qualifications. Ms. Andreasen stated she is from Montana, and has mostly worked in the non-profit sector, specifically in Alaska. 64 Bozeman City Commission Meeting DRAFT MINUTES, October 23, 2017 Page 3 of 14 3. 06:24:57 PM (00:28:40) Introduction of Philippe Gonzalez, Historic Preservation Specialist (Matsen) Community Development Director Marty Matsen introduced the Historic Preservation Specialist, Phil Gonzalez. Mr. Gonzalez thanked the Commission, and stated he is excited to work in the program. H. 06:26:31 PM (00:30:14) Action Items 1. 06:26:37 PM (00:30:20) Session Continued from October 16, 2017: 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") (Public Comment Closed, Commission Deliberation Only) (Rogers)  06:26:53 PM (00:30:36) Procedure Mayor Taylor discussed the procedure for the item for the evening. Community Development Director Marty Matsen, Senior Planner Tom Rogers, and Policy and Planning Manager Chris Saunders were available for questions. 06:28:04 PM (00:31:47) Questions Continued from October 16, 2017 up to 38.340 Cr. Krauss asked about the new additions to the zoning districts. He asked about making a plain language communication instead for citizens to understand property designations. He also asked why the table was removed from page 163. He asked about stating modular/manufactured homes are allowed in all zones, and if it was stated anywhere. He asked staff to explain a sentence addition for the Community Development Director to make special determinations. He asked about allowing townhouses/rowhouses and the difference between two and five. DM Andrus asked about minimum lot width, and why affordable housing makes it different. Cr. Pomeroy asked about allowing apartment buildings in R-1, R-S, and R-3. 07:01:03 PM (01:04:46) Reference Time Stamp Cr. Krauss asked about allowing 40 foot ADUs in R-1, but not R-2 and R-3. He asked about the usability of the document. Cr. Mehl asked why the width wouldn’t stay the same across the board. Cr. Krauss asked for more clarification on the rationale behind it going from 40 to 50 feet as the density increases. He asked if any zone edge transition has been determined, and what would it look like if the Commission was to suggest that policy. 07:19:23 PM (01:23:06) Recess Mayor Taylor called the Commission into recess until 7:25 PM. 07:30:27 PM (01:34:10) Call to Order Mayor Taylor called the meeting back to order at 7:30 PM. 65 Bozeman City Commission Meeting DRAFT MINUTES, October 23, 2017 Page 4 of 14 07:30:46 PM (01:34:29) Staff Presentation on Article 3 - Districts & Use Senior Planner Tom Rogers noted there are no proposed changes to the NCOD. He discussed simplifications for how people can construct accessory dwelling units. He discussed removing the section addressing large scale retail, and changes to residential open space. He discussed changes to the section addressing ADUs, townhomes and row houses, and garage design. He discussed general attached homes and residential garages in detail. 07:44:12 PM (01:47:55) Public Comment Mayor Taylor opened public comment. 07:44:57 PM (01:48:40) Tammy Minge, Public Comment Ms. Minge discussed ADUs and small spaces, and that she has had to tell clients that they can’t build ADUs on their property. She asked the Commission to support ground-level ADUs, and strike from the code that R-1 and R-S properties platted before 1997 cannot have detached ADUs. Cr. Krauss asked Ms. Minge if people are looking to do second-level ADUs above garages. 07:50:03 PM (01:53:46) Brian Popiel, Public Comment Mr. Popiel, on behalf of SWMBIA, discussed that there isn’t much increased density in R-2 and R-3. He discussed the exemptions made relative to the affordable housing ordinance, and that the exemptions aren’t available to all. 07:54:05 PM (01:57:48) Questions of Staff DM Andrus asked for clarification on the 1997 rule discussed in public comment, as well as the idea that and ADU has to be attached to the house. She asked for clarification on cottage housing regulations and if it could be restated more clearly. Cr. Mehl asked about the policy rationale behind ground-level ADUs. He asked about the alley width minimum and its impact on ADUs. He asked if there is an option to remove the minimum backing to alleys. He asked if staff supports the Planning Board’s recommendation to relax the square footage to 800 feet. He asked about HRDC’s request to resolve a conflict. Cr. Pomeroy asked if staff knew any incoming big box stores. She asked if this will make a more business-friendly city. She asked about the code allowing prefabricated materials. Cr. Mehl asked about the prohibition of garage doors taking up more than 50% of the ground floor façade. Cr. Krauss asked about getting townhomes in more neighborhoods. 08:24:34 PM (02:28:17) Procedure Mr. Rogers discussed a potential schedule in order to get the UDC adopted. 08:29:03 PM (02:32:46) Session Continued to October 30, 2017 2. 08:29:35 PM (02:33:18) Resolution 4850, Amending the Fiscal Year 2018 (FY18) Solid Waste 66 Bozeman City Commission Meeting DRAFT MINUTES, October 23, 2017 Page 5 of 14 Fund to Include Additional Expenditures of $300,000 for a Side Load Truck Replacement (Donald)  08:30:00 PM (02:33:43) Staff Presentation Finance Director Kristin Donald explained that the budget amendment moves a CIP item to 2018. 08:30:44 PM (02:34:27) Questions of Staff Cr. Mehl asked about the money on hand remaining. 08:31:05 PM (02:34:48) Public Comment There was no public comment. 08:31:30 PM (02:35:13) Motion to adopt Resolution 4850, Amending the Fiscal Year 2018 (FY18) Solid Waste Fund to Include Additional Expenditures of $300,000 for a Side Load Truck Replacement. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 08:31:47 PM (02:35:30) Point of Order Cr. Krauss will abstain since he was out of the room. 08:32:03 PM (02:35:46) Discussion Cr. Mehl stated he supports the resolution. Cr. Pomeroy supports the resolution. 08:32:38 PM (02:36:21) Vote on the Motion to adopt Resolution 4850, Amending the Fiscal Year 2018 (FY18) Solid Waste Fund to Include Additional Expenditures of $300,000 for a Side Load Truck Replacement. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Abstain Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 3. 08:33:04 PM (02:36:47) University Crossing Minor Subdivision Preliminary Plat, an Application to Subdivide 3.02 Acres into Three Commercial Lots, One Open Space Lot, and Dedicate Right- Of-Way, Located at 1915 South 19th Avenue, Bozeman, MT, Application 17396 (Quasi- Judicial) (Rogers)  08:33:42 PM (02:37:25) Staff Presentation 67 Bozeman City Commission Meeting DRAFT MINUTES, October 23, 2017 Page 6 of 14 Senior Planner Tom Rogers discussed the preliminary plat, also known as the Crowley-Fleck building. He discussed public comment received and staff and DRC recommendation. 08:36:49 PM (02:40:32) Questions of Staff DM Andrus asked about the property entrance. Cr. Mehl asked about public comment received. 08:40:59 PM (02:44:42) Applicant Presentation Rich Baumgartner, C&H Engineering, stated the public comment request shouldn’t change the site plan significantly. He stated the development isn’t significantly changing from a few years ago. 08:42:27 PM (02:46:10) Questions of Applicant DM Andrus asked if the main entrance will be off Kagy. Cr. Mehl asked if the applicant saw and agreed with the conditions and provisions of the staff report. 08:44:16 PM (02:47:59) Public Comment There was no public comment. 08:44:37 PM (02:48:20) Questions of Staff Cr. Krauss asked if the two entrances are the required distance from the corner. Barry Brown, with 19th Capital Group, answered in detail. Mr. Rogers stated that the required setbacks are greater than the easement, and this shouldn’t change the site plan application at all. 08:49:32 PM (02:53:15) 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 17396 and move to approve the University Crossing Minor Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 08:50:04 PM (02:53:47) Discussion Cr. Pomeroy supports the motion. Cr. Krauss stated the initial creation of this node. Cr. Mehl agrees with the subdivision. Mayor Taylor also agrees with the analysis and agrees this is an area of town meant to be a node. Cr. Krauss pointed out this is zoned B-2. 08:53:54 PM (02:57:37) 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 17396 and move to approve the University Crossing Minor Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. The motion passed 5-0. 68 Bozeman City Commission Meeting DRAFT MINUTES, October 23, 2017 Page 7 of 14 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 4. 08:54:17 PM (02:58:00) Ordinance 1982 Provisional Adoption, Noyes Annexation Zone Map Amendment in association with Annexation of 0.84 Acres for the Establishment of a Zoning Designation of R-2, Residential Medium Density Two Household District, at 1200 Bridger Drive, Application 17422 (Saunders)  08:54:55 PM (02:58:38) Staff Presentation Policy and Planning Manager Chris Saunders presented the annexation and zone map amendment, and that the applicant has met all contingencies. There has been no public comment and the Zoning Commission recommends approval. There were no questions of staff, applicant presentation, or questions of applicant. 08:56:38 PM (03:00:21) Public Comment There was no public comment. 08:56:52 PM (03:00:35) Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 17422 and move to provisionally adopt Ordinance 1982, Noyes Zone Map Amendment. Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd 08:57:14 PM (03:00:57) Discussion Cr. Krauss stated he was expected R-1, and supports the ZMA. DM Andrus agrees with staff and supports the ZMA. Mayor Taylor thanked staff for working quickly on this. 08:58:17 PM (03:02:00) Vote on the Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 17422 and move to provisionally adopt Ordinance 1982, Noyes Zone Map Amendment. The motion passed 5-0. Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd 69 Bozeman City Commission Meeting DRAFT MINUTES, October 23, 2017 Page 8 of 14 Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 5. 08:58:33 PM (03:02:16) Locke Zone Map Amendment Requesting Amendment of the City Zoning Map for Five Existing Lots Consisting of 1.83 Acres from R-S Residential Suburban to R- 1 Residential Single-Household Low Density, 2111-2119 Sourdough Road, Bozeman, MT, Application 17182 (Saunders)  08:59:08 PM (03:02:51) Staff Presentation Policy and Planning Manager Chris Saunders stated this property has been annexed and this is solely a map amendment. He described the property location, discussed the criteria of evaluation, lack of public comment, and the Zoning Commission’s approval. 09:02:02 PM (03:05:45) Questions of Staff Cr. Krauss asked if this implies the lots can be built. Mayor Taylor asked about bringing the streets up to city standards. He asked about the building in lot 3. 09:04:18 PM (03:08:01) Applicant Presentation Rich Baumgartner, C&H Engineering, stated that staff adequately described the lots. 09:05:09 PM (03:08:52) Questions of Applicant Cr. Mehl asked if the applicant has seen and agrees with the staff report. 09:05:25 PM (03:09:08) Public Comment There was no public comment. 09:05:36 PM (03:09:19) Motion that having reviewed and considered the staff report, application materials, public comment, all information presented, and recommendation of the Zoning Commission at the public hearing on October 3, 2017, I hereby adopt the findings presented in the staff report for application 17182 and move to approve the Locke zone map amendment, with contingencies required to complete the application processing. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 09:06:06 PM (03:09:49) Discussion DM Andrus supports the application. Cr. Mehl supports the application. Cr. Krauss is voting no as he is concerned about the row of driveways down this road. 70 Bozeman City Commission Meeting DRAFT MINUTES, October 23, 2017 Page 9 of 14 Cr. Pomeroy will support the increase in density. Mayor Taylor supports the motion, recognizing the challenges to development. 09:08:36 PM (03:12:19) Vote on the Motion that having reviewed and considered the staff report, application materials, public comment, all information presented, and recommendation of the Zoning Commission at the public hearing on October 3, 2017, I hereby adopt the findings presented in the staff report for application 17182 and move to approve the Locke zone map amendment, with contingencies required to complete the application processing. The motion passed 4-1. 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: Approve Commissioner - Chris Mehl: Approve 6. 09:08:48 PM (03:12:31) Bridger Vale Zone Map Amendment and Annexation, Requesting Annexation of 6.49 Acres and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of REMU “Residential Emphasis Mixed Use” and PLI “Parks, Open Space and Recreational Land,” Located at 806 Manley Road, Bozeman, MT, Application 17230 (Saunders)  09:09:23 PM (03:13:06) Staff Presentation Policy and Planning Manager Chris Saunders discussed the ZMA and annexation. He discussed the future land use designation, as well as the property and proposed zoning split. He discussed the goals and policies of Resolution 4400. He addressed recommendations of follow-up from DEQ, and staff is recommending institutional controls. Staff recommends favorably for the annexation. He discussed the criteria for the ZMA, and stated this meets all applicable criteria. There was no public comment, and the Zoning Commission recommends favorably. 09:16:15 PM (03:19:58) Questions of Staff DM Andrus asked how this impacts the Manley/Griffith intersection. She asked if the City was taking precautions regarding the old landfill. Assistant City Attorney Tim Cooper responded in detail about noticing. Cr. Mehl asked if the deed restrictions should be put in tonight’s action, and if a condition is needed. CA Sullivan responded with lessons learned from the Story Mill Landfill. Cr. Mehl asked how easements are institutional controls. He also asked about inspection, upkeep, and continued operation. He asked why there was a dissenting vote from the Zoning Commission. He asked if it was all residential proposed. Mr. Saunders added that the applicant has requested that the annexation is held until the Commission is able to review the PUD. Cr. Mehl asked what the City will be doing about low-level VOCs found in the monitoring wells. City Engineering Rick Hixson responded in detail. Cr. Mehl asked about the timing and why the monitoring hasn’t been figured out yet. 71 Bozeman City Commission Meeting DRAFT MINUTES, October 23, 2017 Page 10 of 14 Mayor Taylor asked if there are any other potential problems that we haven’t thought about. He asked if any houses built would be required to build in safeguards. CA Sullivan clarified that that are currently no homes at the site to mitigate. DM Andrus asked if there will be fiscal impacts in upcoming work required by the DEQ. She asked what the current county zoning designation is, and what could currently be done. 09:44:39 PM (03:48:22) Applicant Presentation Andy Ebbighausen, applicant, stated he would be paying for any controls on site. He referred to the DEQ’s most recent letter recommending vapor intrusion barriers. He discussed the use of GeoSeal to help mitigate. He discussed testing already completed. 09:48:31 PM (03:52:14) Questions of Applicant Cr. Mehl asked if the applicant has seen the staff report and if he has any concerns with the conditions. 09:49:09 PM (03:52:52) Public Comment Mayor Taylor opened public comment. 09:49:19 PM (03:53:02) Doug Chandler, Public Comment Mr. Chandler of Sunrise Rotary, stated they have worked with the developer on this for a few years. He discussed the history of annexing the property. They are excited about this and the development of the property. 09:52:43 PM (03:56:26) Bob Ferrington, Public Comment Mr. Ferrington of the Sunrise Rotary Club, reiterated that the development fits with the master plan for the adjoining East Gallatin Recreation Area. 09:53:48 PM (03:57:31)Questions of Staff Continued Cr. Krauss stated that the Sunrise Rotary advocated for the development, and three members of the Sunrise Rotary not disclosing any conflict of interest. 09:55:25 PM (03:59:08) Disclosures Mayor Taylor, Cr. Mehl, and Cr. Pomeroy are members of the Sunrise Rotary Club. Mayor Taylor stated benefits received are for the community, not the club, as the club has no financial interests. Mayor Taylor asked someone from the club to put on the record financial interests. Doug Chandler stated the club receives no financial benefit from Mr. Ebbighausen, and has volunteered to be an intermediary with the state if necessary. He stated this is a charitable improvement to the park, which if anything will cost the club money. Mayor Taylor asked if the club receives prestige in the community for doing this, which Mr. Chandler stated possibly. 09:59:21 PM (04:03:04) Meeting Extended Mayor Taylor extended the meeting to 10:15 PM. 72 Bozeman City Commission Meeting DRAFT MINUTES, October 23, 2017 Page 11 of 14 09:59:25 PM (04:03:08) Disclosures Continued Cr. Mehl stated he does not know of any financial advantage to the club. Cr. Pomeroy echoed Cr. Mehl. Mayor Taylor stated there is no financial piece to this. CA Sullivan asked if anyone received direct compensation or benefits from being a member. He does not see a conflict of interest that overrides the Commission’s duty to the City to vote on this application. The benefits are to the park and the public, not the club or individuals. Cr. Krauss asked if the conceptual master plan approval the previous week impacts this decision. 10:07:48 PM (04:11:31) Questions of Staff Mayor Taylor asked if the City will do further testing regardless of DEQ’s requirements on the City’s landfill, and monitoring this property. 10:10:36 PM (04:14:19) Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 17230 and move to approve the Bridger Vale Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 10:11:01 PM (04:14:44) Discussion Cr. Mehl supports bringing the land into the city. Cr. Pomeroy favors annexation, but she is not comfortable with this project. Cr. Krauss stated that there is no imperative to annex. He would prioritize it if there were more people living here, but he doesn’t understand the eagerness to annex this property. He doesn’t like having rate- payers funding this. 10:15:12 PM (04:18:55) Meeting Extended Mayor Taylor extended the meeting to 10:30 PM. 10:15:13 PM (04:18:56) Discussion Continued Cr. Krauss will not support the annexation. DM Andrus is torn, which makes her support of the annexation difficult. She agrees with Cr. Krauss. Mayor Taylor appreciates that discussing development has brought the landfill issue of the property up. Cr. Mehl clarified that the staff report states monitoring will happen regardless of annexation. Cr. Krauss agreed he saw that clarification. 10:22:16 PM (04:25:59) Vote on the Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 17230 and move to approve the Bridger Vale Annexation 73 Bozeman City Commission Meeting DRAFT MINUTES, October 23, 2017 Page 12 of 14 with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The motion failed 2-3. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Disapprove Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Chris Mehl: Approve 7. 10:22:51 PM (04:26:34) Continuation of Application 17454, an Annexation Petition for 39.896 Acres and Proposed Initial Zoning of PLI, Public Lands and Institutions District, for the Bozeman Second High School from October 23, 2017 to November 13, 2017 (Saunders)  10:23:25 PM (04:27:08) Staff Presentation Policy and Planning Manager stated this will solely move the public hearing. 10:23:49 PM (04:27:32) Public Comment There was no public comment. 10:24:09 PM (04:27:52) Motion and Vote to continue the public hearing for the Bozeman Second High School Annexation, Application 17454, from October 23, 2017 to November 13, 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 8. 10:24:39 PM (04:28:22) Appointment(s) to the Bozeman Tree Advisory Board (BTAB) (Sweeney)  10:24:43 PM (04:28:26) Motion and Vote to appoint all three applicants, [Mason Shaffer, Rebekah VanWieren, and Patrick Cross, to the Bozeman Tree Advisory Board each with updated terms of June 30, 2019]. The Motion passed 5-0. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve 74 Bozeman City Commission Meeting DRAFT MINUTES, October 23, 2017 Page 13 of 14 Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 9. 10:25:03 PM (04:28:46) Appointment to the Design Review Board (DRB) (Sweeney)  10:25:06 PM (04:28:49) Motion to appoint Ethan Barlow to the Design Review Board to an Architect position with a term ending June 30, 2019. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 10:25:21 PM (04:29:04) Public Comment There was no public comment. 10:25:25 PM (04:29:08) Vote on the Motion to appoint Ethan Barlow to the Design Review Board to an Architect position with a term ending June 30, 2019. 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 10. 10:25:34 PM (04:29:17) Appointment to the Impact Fee Advisory Committee (IFAC) (Sweeney)  10:25:38 PM (04:29:21) Motion to appoint Jacki McGuire to the Impact Fee Advisory Committee to the Certified Public Accountant position with a term ending December 31, 2017. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 10:25:55 PM (04:29:38) Public Comment There was no public comment. 10:25:56 PM (04:29:39) Vote on the Motion to appoint Jacki McGuire to the Impact Fee Advisory Committee to the Certified Public Accountant position with a term ending December 31, 2017. The Motion passed 5-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 75 Bozeman City Commission Meeting DRAFT MINUTES, October 23, 2017 Page 14 of 14 Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve I. 10:26:11 PM (04:29:54) FYI/Discussion 1. Cr. Krauss reminded the Commission to disclose conflicts at the beginning of the public hearing. 2. Mayor Taylor stated that the City Manager begins November 1, 2017 and the Commission discussed her swearing in and whether to notice a quorum. J. 10:29:45 PM (04:33:28) Adjournment Mayor Taylor adjourned the meeting at 10:29 PM. 76 Page 1 of 15 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, October 30, 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: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan, Deputy City Clerk Brenda Sweeney A. 06:01:19 PM (00:01:44) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to Order at 6:01 PM. B. 06:01:26 PM (00:01:51) Pledge of Allegiance and a Moment of Silence C. 06:02:40 PM (00:03:05) Changes to the Agenda There were no changes to the agenda. D. 06:02:47 PM (00:03:12) Public Comment Mayor Taylor opened public comment. 06:04:35 PM (00:05:00) Bob Farrington, Public Comment Mr. Farrington represents the Bozeman Sunrise Rotary Community Service Committee. He spoke about the developer of the Bridger Vale subdivision having filed for reconsideration of his request for annexation. He stated the committee’s support of that reconsideration and asked the Commission to look at it again. 06:05:40 PM (00:06:05) Doug Chandler, Public Comment Mr. Chandler is here on behalf of Bozeman Sunrise Rotary. He commented on a few specific commissioners’ ability to independently request the Bridger Vale annexation review and asked them to review the letter Bozeman Sunrise Rotary sent in. 06:06:14 PM (00:06:39) Scott Freimuth, Public Comment 77 Bozeman City Commission DRAFT MINUTES, October 30, 2017 Page 2 of 15 Mr. Freimuth spoke about a letter that he and a group of design professionals submitted regarding their concerns about Article 5 of the UDC and meetings held with city planners as a result. He spoke about the tasks assigned to the group to come up with specific comments and edits to assist city staff and the Commission. 06:09:21 PM (00:09:46) Allen Kesselheim, Public Comment Mr. Kesselheim spoke about his disappointment in the Commission’s vote on Black Olive II. 06:12:25 PM (00:12:50) Mary Padzitzer, Public Comment Ms. Padzitzer spoke about her disappointment in the Commission’s vote on Black Olive II. She spoke about her physical state because of this decision. 06:16:15 PM (00:16:40) Dick Canfield, Pubic Comment Mr. Canfield talked about the house he bought and remodeled four years ago in support of the historical preservation character and R1 neighborhoods. He feels the R1 single family character theme must be respected. He talked about ADUs. E. 06:21:26 PM (00:21:51) Action Items 1. 06:21:32 PM (00:21:57) Session Continued from October 23, 2017: 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") (Public Comment Closed – May Be Reopened, Commission Deliberation Only) (Rogers)  06:21:51 PM (00:22:16) Questions of Staff on UDC Update Hearing Mayor Taylor asked for thoughts of staff on safety of alley ways 15 feet or less in width. He asked about ADUs in R1 relative to whether the conditional use permits system will be eliminated. Cr. Krauss asked for a clarification regarding encroachment mentioned by staff relative to building an accessory building on a 20 foot alley. Mayor Taylor asked about specifics of the changes to setbacks relative to transitions between zoning areas. He addressed extra narrow lots and the question of garages. He asked if there is a downside to allowing front loading garages on narrow lots as an incentive for affordable housing. He further asked if it’s a branding issue of an affordable house or whether it’s a planning issue. Cr. Krauss commented on the branding issue of affordable housing. He talked about mirror image houses and having one driveway going into the garage. He asked questions about ADUs relative to an alternative measurement that would define “subordinate”, other than height, which would allow 1 or 1.5 story principal dwellings to have an ADU. He asked whether the “prevent direct views from second story windows into adjacent properties prohibition design standard” requirement still remains. Deputy Mayor Andrus asked for clarification about setback deviations and asked for a reminder about where we currently stand. 78 Bozeman City Commission DRAFT MINUTES, October 30, 2017 Page 3 of 15 Cr. Mehl asked staff for thoughts on the public comment relative to the land use set of regulations. He referenced the proposed language change to Section A. and asked staff about their concern for loopholes. Cr. Krauss asked about the lot width standards throughout the document relative to affordable housing. Mayor Taylor referenced Page 220 and asked about the reference made to “Administrative Design and Certificate of Appropriateness” as well as why the sentence containing “must be updated by the Historic Preservation Staff” was removed. He asked whether a Certificate of Appropriateness is needed in the NCOD for solar panels. Cr. Krauss talked about what the Commission wants with regard to infill and density. He talked about prohibition on front loaded garages on properties less than 30 feet in width. Staff referenced a memo dated October 30th contained changes to proposed changes offering clarification. 07:23:24 PM (01:23:49) Point of Order Cr. Mehl pointed out he had two memos in his possession which are different, and they were not marked how they were different. Staff referred to the refined memo dated October 30th versus the original memo dated October 27th. Mayor Taylor acknowledged the Point of Order. 07:24:06 PM (01:24:31) Continued Discussion Cr. Pomeroy talked about new corrections on Page 221, E. referencing a conflict between the NCOD guidelines and other development standards. She asked about Page 220 with regard to solar panels and how the city encourages their use. Cr. Krauss stated his recollection of the city offering incentives in the past, including money, for solar installations but not through the Planning Department. Mayor Taylor referred to cottage housing according to 38.360.110 E., 1., with regard to density standards for minimum/maximum units per cluster and maximum units per cottage housing development. He asked for staff’s thoughts about having no maximums/minimums under C., D., or E. if it’s affordable housing. 07:36:39 PM (01:37:04) Recess Mayor Taylor called the Commission into recess until 7:45 PM. 07:47:21 PM (01:47:46) Call to Order Mayor Taylor called the Commission back to order at 7:47 PM. 07:47:46 PM (01:48:11) Staff Presentation Senior Planner Tom Rogers presented staff proposed recommendations to the proposed code. Mr. Rogers reviewed the changes and staff recommendations in detail. 07:49:12 PM (01:49:37) Point of Clarification Deputy Mayor Andrus asked for clarification of the differences between the October 27th and October 30th memos and asked Mr. Rogers to review those changes. Mayor Taylor requested that Mr. Rogers go through Article 3, including the global change. 07:49:45 PM (01:50:10) Staff Presentation Continued 79 Bozeman City Commission DRAFT MINUTES, October 30, 2017 Page 4 of 15 Senior Planner Tom Rogers explained the proposed changes in Article 3 as well as compared and talked about the differences in the two versions of the memos. 08:00:00 PM (02:00:25) Questions of Staff Cr. Pomeroy readdressed the solar panel discussion on Page 220 and asked whether the city has guidelines to protect a solar panel on an existing house if a new taller structure. She further suggested thinking about that issue for the future. DM Andrus asked for clarification on 38.360.210, C., 1., regarding whether that relates to alley loaded garages. Mayor Taylor inquired of the Commission whether they wanted a deeper staff presentation. DM Andrus asked for further clarification of the illustrations on Pages 2, 3, and 4 of the refined memo dated October 30, 2017. 08:07:17 PM (02:07:42) Public Comment Mayor Taylor opened public comment. 08:08:01 PM (02:08:26) Chris Naumann, Public Comment Mr. Naumann is the executive director of the Downtown Bozeman Partnership and commented on some items presented in the staff memo dated October 30, 2017 as they relate to their previously submitted written comments. He stated that the Downtown Bozeman Partnership does not feel their comments have been addressed to date in either the draft code document or the memo. 08:12:01 PM (02:12:26) Amendments to Article 3 of the UDC Update The Commission proceeded with amendments to Article 3. 08:12:27 PM (02:12:52) Amendment to the Motion to amend the purpose of Section 38.300.010 to include E., “Zoning districts and the zoning map communicate the City’s expectation for land use in each particular district”. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 08:13:09 PM (02:13:34) Discussion Cr. Mehl asked whether Cr. Krauss is driving toward predictability and reasonableness. Cr. Krauss clarified his opinions over the motion using the communication and zoning map/district language. 08:15:11 PM (02:15:36) Vote on the Amendment to the Motion to amend the purpose of Section 38.300.010 to include E., “Zoning districts and the zoning map communicate the City’s expectation for land use in each particular district”. The motion passed 5-0. Commissioner - Jeff Krauss: Motion 80 Bozeman City Commission DRAFT MINUTES, October 30, 2017 Page 5 of 15 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 08:15:28 PM (02:15:53) Amendment to the Motion to restore the line in 38.300.020 “For the purpose of this chapter, the City is divided and classified into the following use districts” and restore the table therein. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 08:16:09 PM (02:16:34) Discussion Cr. Krauss commented he feels this direction is very clear. Cr. Mehl deferred to DM Andrus DM Andrus agrees it is very clear and will support the motion. Mayor Taylor expressed his concern that it was originally removed due to redundancy. He will support the motion understanding it adds a full page to the document and it may need to change. 08:17:48 PM (02:18:13) Vote on the Amendment to the Motion to restore the line in 38.300.020 “For the purpose of this chapter, the City is divided and classified into the following use districts” and restore the table therein. 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 08:18:05 PM (02:18:30) Amendment to the Motion to amend Section 38.360. 170, A., 1. to change 1,000 feet to 400 feet in the last sentence so it reads “must not be located within 400 linear feet of the exterior property…”. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 08:19:17 PM (02:19:42) Discussion Mayor Taylor recalled a situation that came to the Commission where the distance was 1,000 feet and it 81 Bozeman City Commission DRAFT MINUTES, October 30, 2017 Page 6 of 15 seemed to him that 400 feet was far enough away that they need not use the school as a reason to do it. He further commented that it’s a variation on the distance for alcohol with the same street rule. Cr. Pomeroy asked why 400 feet was chosen. Mayor Taylor stated that his reasoning relates to the average block length of about 400 feet. CA Sullivan shared insight regarding why the medical marijuana standards were established. Mayor Taylor talked about the capability of law enforcement to determine whether the marijuana dispensed is medical within the confines of the license of the organization. Cr. Krauss will vote no on this since he has been satisfied with the ordinance the way it is. Mayor Taylor further commented on bars that are within “x” distance from schools and sees no material difference between medical marijuana and pharmacies for that matter as well. 08:25:05 PM (02:25:30) Vote on the Amendment to the Motion to amend Section 38.360. 170, A., 1., to change 1,000 feet to 400 feet in the last sentence so it reads “must not be located within 400 linear feet of the exterior property…”. The motion passed 4-1. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 08:25:33 PM (02:25:58) Amendment to the Motion to amend Section 38.360.170, 1., a., to add language “where students are regularly present” after “facilities”. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 08:26:02 PM (02:26:27) Point of Clarification Cr. Mehl pointed out that paragraph b. was not included in adding the “where students are regularly present” language with reference to private schools and asked whether that was the intention. Mayor Taylor confirmed that was inadvertent and the same language should be added after “private schools” in 38.360.170, 1., b. 08:27:09 PM (02:27:34) Friendly Amendment to the Amendment to the Motion to include 38.360.170., 1., b. in adding “where students are regularly present” after “private schools”. 08:27:17 PM (02:27:42) Discussion DM Andrus stated it makes sense and she will support the motion. Cr. Krauss pointed out there are a couple of facilities where there are no students, so he will be supporting this motion. 82 Bozeman City Commission DRAFT MINUTES, October 30, 2017 Page 7 of 15 08:28:08 PM (02:28:33) Point of Order CA Sullivan suggested that since these are very important provisions, the Commission should clearly state legislatively what they mean by “regularly present”. 08:28:51 PM (02:29:16) Discussion Mayor Taylor agreed with CA Sullivan that “regularly present” should mean some regular schedule or regular attendance at that facility for any given event on a regular recurring basis. 08:29:42 PM (02:30:07) Vote on the Amendment to the Motion to amend Section 38.360.170, 1., a., and b. to add language “where students are regularly present” after “facilities” in paragraph a., and after “private schools” in paragraph b. The motion carried 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 08:29:57 PM (02:30:22) Continued Discussion Cr. Krauss would like to amend the table in 38.300.100 titled “Summary of housing types permitted in the residential zoning districts” to include townhouse or row house greater than four attached units in R3 and change the dot to black. He asked staff whether there is something inconsistent elsewhere that they know about. Cr. Mehl asked for an explanation in the discrepancy between the table on Page 166 and the table on Page 178 with regard to the number of townhouses and row houses in R3. Community Development Cr. Krauss asked questions regarding footnotes referencing the tables. 08:35:55 PM (02:36:20) Amendment to the Motion to strike the table “Summary of housing types permitted in the residential zoning districts” in Section 38.300.100. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 08:36:03 PM (02:36:28) Discussion Cr. Mehl clarified that the table will be struck but the definitions of zoning will remain. DM Andrus stated she thinks the table is clear and asked about the confusion. Cr. Krauss pointed out that as it stands, there are three different places to find information. 08:37:28 PM (02:37:53) Vote on the Amendment to the Motion to strike the table “Summary of 83 Bozeman City Commission DRAFT MINUTES, October 30, 2017 Page 8 of 15 housing types permitted in the residential zoning districts” in Section 38.300.100. The motion passed 4-1. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Disapprove Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 08:37:48 PM (02:38:13) Amendment to the Motion to amend Section 38.300.100, A., to state that the intent and purpose of the RS residential district is to commemorate and preserve existing RS zoning only. This district is not available for future land use designation. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 08:38:42 PM (02:39:07) Discussion Cr. Krauss suggested staff might be able to state better language, but his point is that the intent of this district is now just to commemorate this obsolete zoning district. Cr. Krauss suggested adding a sentence that this district is not available for future land use designation. He further spoke about the need for a dense, walkable, urban community. Cr. Mehl spoke about the meaning of making a district R1 under the amendment. He asked about the community plan and talked about communication with county residents relative to jurisdiction. Cr. Krauss talked about zoning as city density and future land uses are at city density. He thinks that future land uses are residential at urban density which could be R1. Mayor Taylor would ask staff to vet the language of the motion and make it fit the intent. CA Sullivan confirmed that while the Commission can make this motion, staff may propose something different based on present intent and future consideration. 08:47:03 PM (02:47:28) Point of Order Cr. Mehl asked the clerk read back the stated motion. 08:47:26 PM (02:47:51) Continued Discussion Cr. Pomeroy asked staff to recall a conversation regarding making a smaller number of districts. She agrees with Cr. Krauss and will support the motion. Cr. Mehl agrees with CA Sullivan after hearing the motion as stated, and believes there would have to be clarified intents from staff in the language. CA Andrus is mostly in agreement but expressed concern over eliminating a complete zoning district on the fly without more discussion. She will not be able to support the motion at this time. Mayor Taylor talked about future commissions’ positions on annexing in completely surrounded areas 84 Bozeman City Commission DRAFT MINUTES, October 30, 2017 Page 9 of 15 of the City and how that might be handled. He will vote against the motion now, pending staff’s crafting of the language to meet all needs. Cr. Krauss talked about the timing of making these change while the UDC is being re-written. He talked about discussions with the staff over motion language as well as the process of adopting the motion now and then having staff change the language if it doesn’t work. Cr. Mehl stated he will vote for the motion with the expectation of staff review. He agreed this is the process time to make the change within the next month. Cr. Krauss talked about the risk of annexing a large piece of ground that has never been annexed in the City and the already established a land use pattern of RS. Mayor Taylor stated that if his issue of forcible annexation of something totally surrounded that’s already RS can be met with the language, he will support it. 08:59:00 PM (02:59:25) Vote on the Amendment to the Motion to amend Section 38.300.100, A., to state that the intent and purpose of the RS residential district is to commemorate and preserve existing RS zoning only. This district is not available for future land use designation. The motion passed 3-2. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Disapprove Deputy Mayor - Cynthia Andrus: Disapprove Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 08:59:15 PM (02:59:40) Discussion ICM Taylor presented his understanding of the process of the staff coming back with different motion language. Mayor Taylor clarified his request of staff. Cr. Mehl confirmed that is his priority to have staff look at it. Cr. Krauss pointed out if the language can be improved, he would like to see that and he does not support forcible annexation of any property into the City. 09:02:05 PM (03:02:30) Amendment to the Motion to amend Section 38.360.110 E., 1., to add subsection “h.” to state “When cottage housing units meet the definition of affordable housing under 38.380 maximum units under d. and e. do not apply”. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 09:03:29 PM (03:03:54) Discussion Cr. Pomeroy asked Mayor Taylor to explain more about cottage housing. She further asked if his 85 Bozeman City Commission DRAFT MINUTES, October 30, 2017 Page 10 of 15 amendment is better for affordable housing. Cr. Mehl asked staff that with regard to infrastructure rights of way if there is a maximum issue with a number of cottage houses close to each other. 09:07:52 PM (03:08:17) Friendly Amendment to the Amendment to the Motion to add “Every unit would have to be affordable, with the same proportion, in order to exceed the maximum.” 09:07:56 PM (03:08:21) Discussion Cr. Pomeroy inquired if there is a relationship between the tiny houses which MSU architecture students built for homeless people and the referenced cottages. 09:09:07 PM (03:09:32) Vote on the Amendment to the Motion to amend Section 38.360.110 E., 1., to add subsection h. to state “When cottage housing units meet the definition of affordable housing under 38.380 maximum units under d. and e. do not apply. Every unit would have to be affordable, with the same proportion, in order to exceed the maximum.” 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 09:10:18 PM (03:10:43) Amendment to the Motion to amend Section 38.340.070, A., to change the middle of the paragraph as follows: “In order to encourage restoration, rehabilitation, and appropriate new construction” and the rest is the same. Section 38.340.070, A., 1., is amended to read “Modifications must be more historically appropriate for the building and/or site in question, the adjacent properties, and the overall pattern of the neighborhood as determined by the standards in section 38.340.050” and the rest is the same. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 09:12:20 PM (03:12:45) Discussion Cr. Mehl stated that he believes this adds some flexibility without harming the goals of the intent. Cr. Krauss stated that he thinks this is a bit of a relaxation from the standard but expressed concerned it could be interpreted as the opposite. He will support the motion but is concerned about replicating the past rather than addressing the future. Cr. Mehl commented on his interpretation of the standards relative to expanding availability. 09:15:23 PM (03:15:48) Point of Clarification 86 Bozeman City Commission DRAFT MINUTES, October 30, 2017 Page 11 of 15 CA Sullivan discussed clarification on whether “new construction” is also referring to what needs to happen when there’s rehabilitation, restoration or remodel. He stressed the importance of the potential effect this motion has on the current interpretation. 09:17:18 PM (03:17:43) Discussion DM Andrus commented that new construction should still contribute to the overall historic character of community. Cr. Krauss is concerned about the interpretation and leaning too far towards history not happening. Mayor Taylor clarified this is for a deviation. Cr. Mehl commented on the added flexibility. 09:21:12 PM (03:21:37) Vote on the Amendment to the Motion to amend Section 38.340.070, A., to change the middle of the paragraph as follows: “In order to encourage restoration, rehabilitation, and appropriate new construction” and the rest is the same. Section 38.340.070, A., 1., is amended to read “Modifications must be more historically appropriate for the building and/or site in question, the adjacent properties, and the overall pattern of the neighborhood as determined by the standards in section 38.340.050” and the rest is the same. The motion passed 5-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 09:22:15 PM (03:22:40) Amendment to the Motion to amend Section 38.300.110, D., to retitle it “Business district (downtown B-3). Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 09:22:41 PM (03:23:06) Discussion Cr. Krauss further made clear the intent, and that is to point out “downtown B-3 central business district” and append “downtown” in front of “B-3” in every bit of this section. 09:23:08 PM (03:23:33) Friendly Amendment to the Amendment to the Motion to append “downtown” in front of “B-3” throughout Section 38.300.110. 09:23:30 PM (03:23:55) Vote on the Amendment to the Motion to amend Section 38.300.110, D., to retitle it “Business district (downtown B-3) and to append “downtown” in front of “B-3” throughout Section 38.300.110. The motion passed 5-0. 87 Bozeman City Commission DRAFT MINUTES, October 30, 2017 Page 12 of 15 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 09:23:43 PM (03:24:08) Amendment to the Motion to add a sentence in Section 38.300.110, D., as the second sentence to read “The downtown B-3 district should be the area of greatest density of development and intensity of use.” Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 09:24:31 PM (03:24:56) Discussion Cr. Krauss stated he left out “height” because of other tall buildings around town and we need to talk about downtown as the place where we are going to fill with density and intensity. Cr. Mehl supports the motion as a second because it’s similar to the community plan, downtown plan, and strategic plan. Cr. Pomeroy supports the motion and believes it fits our growth policy. DM Andrus asked if this precludes other commercial nodes from being dense around the city as well. Cr. Mehl assumes we are going to see development downtown, N. 7th, 19th, up to and matching downtown and would be possible. 09:27:12 PM (03:27:37) Vote on the Amendment to the Motion to add a sentence in Section 38.300.110, D., as the second sentence to read “The downtown B-3 district should be the area of greatest density of development and intensity of use.” 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 09:27:27 PM (03:27:52) Amendment to the Motion to amend Section 38.300.110 D., 4., to unstrike the line “Room should be provided in appropriate areas for logical and planned expansion of the present district.” 88 Bozeman City Commission DRAFT MINUTES, October 30, 2017 Page 13 of 15 Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd 09:28:20 PM (03:28:45) Discussion Cr. Krauss stated that he feels it was appropriate before and would like to leave it in the document. DM Andrus asked staff for clarification on why it was struck. Staff explained. CA Sullivan further clarified. Cr. Mehl stated both the community plan/growth plan and the downtown plan should have a discussion about it. He will oppose it and would like to see it discussed at length. 09:30:33 PM (03:30:58) Vote on the Amendment to the Motion to amend Section 38.300.110 D., 4., to unstrike the line “Room should be provided in appropriate areas for logical and planned expansion of the present district.” The motion failed 2-3. Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Carson Taylor: Disapprove Deputy Mayor - Cynthia Andrus: Disapprove Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 09:31:59 PM (03:32:24) Amendment to the Motion to amend Section 38.300.110, D., 4., a., to unstrike the sentence and leave it in the document. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 09:32:15 PM (03:32:40) Discussion Cr. Krauss stated that it references the core area and has been a policy in place to preserve the retail space from the alleys to Main Street. Cr. Mehl asked staff why it was struck. 09:33:41 PM (03:34:06) Friendly Amendment to the Amendment to the Motion not to call it “a.” because there is no “b.” and to make it the second paragraph of 4. Additionally, strike the beginning of the sentence “It is the intent…” and state “This district encourages...”. 09:34:02 PM (03:34:27) Discussion Mayor Taylor thinks it’s too restrictive. He will oppose the motion. Cr. Pomeroy asked staff if this is preserving or encouraging retail stores downtown. She will strongly support this motion. Cr. Mehl likes the flexibility of the previous two amendments. DM Andrus agrees with taking out the word “encourage” as recommended by staff. 89 Bozeman City Commission DRAFT MINUTES, October 30, 2017 Page 14 of 15 Cr. Krauss states what he believes would happen if this paragraph is removed. Mayor Taylor supports the first sentence up to the i.e. Cr. Mehl referenced an August 14th letter from the public. Cr. Taylor stated he doesn’t want to open space to businesses on the ground floor. Cr. Krauss clarified the intent and asked the Commission not to remove the restriction. Mayor Taylor will vote for it based on the clarification. DM Andrus agrees that it’s clear and we need to keep the paragraph. 09:43:42 PM (03:44:07) Vote on the Amendment to the Motion to amend Section 38.300.110, D., 4., a., to unstrike the sentence and leave it in the document, and remove “a.” to make it the second paragraph of 4. Additionally, strike the beginning of the sentence “It is the intent…” and state “This district encourages...”. 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 09:44:30 PM (03:44:55) Discussion ICM Taylor talked about the process moving forward. Staff presented the schedule of completion. Mayor Taylor stated his intention for this Commission to finish this re-write. Cr. Krauss talked about timing of input by the public. Cr. Mehl likes the idea of continuing the review on the 13th, 15th, and 16th. Mayor Taylor stated he would like the review noticed for the 6th as well. 09:58:00 PM (03:58:25) Meeting Continued Mayor Taylor continued the meeting until 10:15 PM. 09:58:03 PM (03:58:28) Continued Discussion DM Andrus commented on the schedule and noted she will be absent the 15th & 16th. Cr. Krauss wants to make sure we’re not leaving the public out of this. He discussed timing of a proposed date to finalize the document. Mayor Taylor commented he also feels responsible to finish the strategic plan. Cr. Mehl discussed other possible finalization dates in December. Cr. Pomeroy stated she will not be here on December 4th & 11th. Mayor Taylor stated he will continue this agenda item on November 6th. F. 10:05:24 PM (04:05:49) FYI/Discussion • ICM Taylor thanked the Commission for allowing him to serve as the interim city manager. 90 Bozeman City Commission DRAFT MINUTES, October 30, 2017 Page 15 of 15 • Mayor Taylor will host a lunch in honor of the new city manager and ICM Taylor on Friday, November 3rd, 1:15 PM and will communicate with staff and notice the event for a quorum. He stated he will not discuss city related business. • Mayor Taylor announced a reception for ICM Taylor in the City Hall Commission Room on Friday, November 3rd at 3:00 PM. G. 10:12:08 PM (04:12:32) Adjournment Mayor Taylor adjourned the meeting at 10:12 PM. 91