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HomeMy WebLinkAbout10-30-17 City Commission Minutes 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. Page 1 of 15 Bozeman City Commission Minutes,October 30,2017 06:06:14 PM (00:06:39)Scott Freimuth Public Comment 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) -, P 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 Page 2 of 15 Bozeman City Commission Minutes,October 30,2017 where we currently stand. 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 301h 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. Page 3 of 15 Bozeman City Commission Minutes,October 30,2017 07:49:45 PM (01:50:10)Staff Presentation Continued 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. Page 4 of 15 Bozeman City Commission Minutes,October 30,2017 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 08:15:28 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 Page 5 of 15 Bozeman City Commission Minutes,October 30,2017 Mayor Taylor recalled a situation that came to the Commission where the distance was 1,000 feet and it 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 'Y'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 Page 6 of 15 Bozeman City Commission Minutes,October 30,2017 supporting this motion. 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 MaVor-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. Page 7 of 15 Bozeman City Commission Minutes,October 30,2017 08:37:28 PM (02:37:53) Vote on the Amendment to the Motion to strike the table"Summary of 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. Page 8 of 15 Bozeman City Commission Minutes,October 30,2017 Mayor Taylor talked about future commissions' positions on annexing in completely surrounded areas 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 Page 9 of 15 Bozeman City Commission Minutes,October 30,2017 Cr. Pomeroy asked Mayor Taylor to explain more about cottage housing.She further asked if his 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. Page 10 of 15 Bozeman City Commission Minutes,October 30,2017 09:15:23 PM (03:15:48) Point of Clarification 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"13-3" in every bit of this section. 09:23:08 PM (03:23:33)FriendlVAmendment 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 Page 11 of 15 Bozeman City Commission Minutes,October 30,2017 Section 38.300.110. 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 09:23:43 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." Page 12of15 Bozeman City Commission Minutes,October 30,2017 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. Page 13 of 15 Bozeman City Commission Minutes,October 30,2017 DM Andrus agrees with taking out the word "encourage"as recommended by staff. 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 14tn 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 13tn, 15tn, and 16tn Mayor Taylor stated he would like the review noticed for the 6tn 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 151n& 16tn 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 4tn& 110. Mayor Taylor stated he will continue this agenda item on November 61n F. 10:05:24 PM (04:05:49) FYI/Discussion Page 14 of 15 Bozeman City Commission Minutes,October 30,2017 • ICM Taylor thanked the Commission for allowing him to serve as the interim city manager. • Mayor Taylor will host a lunch in honor of the new city manager and ICM Taylor on Friday, November 3`d, 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 3`d at 3:00 PM. G. 10:12:08 PM (04:12:32)Adjournment Mayor Taylor adjourned the meeting at 10:12 PM. 1� Carson Taylor Mayor ATTEST: • Robin Crough �_ ••5 ,' City Clerk • - �aa3 9�L`4 rJIV CO �10 PREPARED BY: Brenda Sweeney Deputy City Clerk Approved on: Page 15of15