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Home My WebLink About10-09-17 City Commission Minutes G 9'L so t 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) ,a 2. Approve a Full Beverage License for Sidewinders Bar & Grill, of Bozeman, Montana, to Sell Alcohol at 780 Boardwalk Avenue (Maas) 3 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) x a 4. Authorize the Mayor to Sign the Employment Agreement with Andrea Surratt Appointing Her as the Bozeman City Manager(D.Taylor) ..h Bozeman City Commission Meeting Minutes,October 9,2017 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) , a 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) M. G 7. Authorize the Interim City Manager to Sign a Memorandum of Agreement and Public Use Easement with SI D 716, LLC for a Right-of-Way Purchase for Construction of Improvements to Oak Street and Davis Lane, Parcel 5 (Hixson/Woolard) , a 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) ^'a 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) 61. a 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) ,' a 11. Resolution 4841, Intent to Modify Special Improvement Lighting District Number 728 for The Lakes at Valley West Phases 1-4(Donald) 0_ a 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 TaVlor:Approve DeputV 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) Page 2 of 18 Bozeman City Commission Meeting Minutes,October 9,2017 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) "I-.a 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 2"d 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. Page 3 of 18 Bozeman City Commission Meeting Minutes,October 9,2017 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 Page 4 of 18 Bozeman City Commission Meeting Minutes,October 9,2017 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 1-1813 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 Ga/lick 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 Page 5 of 18 Bozeman City Commission Meeting Minutes,October 9,2017 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 1-183 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 1-183 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 1-183 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 1-183 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 1-183 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 1-183 initiative and commented on suppressing diversity.She urged the Commission to sign on to the lawsuit. Page 6 of 18 Bozeman City Commission Meeting Minutes,October 9,2017 07:16:54 PM (01:17:40)Kirsten Eli,Public Comment Ms. Eli urged the Commission to join the lawsuit against 1-183 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 1-183 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 1-183. 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 1-183. He spoke about his experience as Page 7 of 18 Bozeman City Commission Meeting Minutes,October 9,2017 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 1-183 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 1-183. 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) , a Page 8 of 18 Bozeman City Commission Meeting Minutes,October 9,2017 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. Page 9 of 18 Bozeman City Commission Meeting Minutes,October 9,2017 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) y a 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 Page 10 of 18 Bozeman City Commission Meeting Minutes,October 9,2017 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) .a 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 2"d—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 Page 11 of 18 Bozeman City Commission Meeting Minutes,October 9,2017 Mayor Taylor opened public comment. 09:14:14 PM (03:15:00)Mark/pea, 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 11 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 11 hearing and discussion on Wednesday, October 18,2017 at 6:00 PM. Page 12 of 18 Bozeman City Commission Meeting Minutes,October 9,2017 Deputy MaVor-Cynthia Andrus: Motion Commissioner-I-Ho PomeroV: 2nd 09:37:12 PM (03:37:58) Vote on the Motion as Amended to hold a continuance of the Black Olive 11 hearing and discussion on Wednesday, October 18,2017 at 6:00 PM. The motion passed 5-0. Deputy Mavor-Cvnthia Andrus: Motion Commissioner- I-Ho PomeroV: 2nd Mayor-Carson Taylor:Approve DeputV Mayor-Cvnthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho PomeroV: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. Page 13 of 18 Bozeman City Commission Meeting Minutes,October 9,2017 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) �"I- a 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 Page 14 of 18 Bozeman City Commission Meeting Minutes,October 9,2017 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 1-183 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 Page 15of18 Bozeman City Commission Meeting Minutes,October 9,2017 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)Friendiv 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 Page 16 of 18 Bozeman City Commission Meeting Minutes,October 9,2017 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) ~x a 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. Page 17 of 18 Bozeman City Commission Meeting Minutes,October 9,2017 Carson Taylor Mayor ` B 02 ATTEST: y • y • • Robin Crou h V 1883 g lt��l� . . . �O City Clerk 'y�®• nYnyF� PREPARED BY: Brenda Sweeney Deputy City Clerk Approved on: Page 18 of 18