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HomeMy WebLinkAbout12-11-17 City Commission Packet Materials - M1. November and Executive Session 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 November 6, November 13, November 20, and November 27, 2017, Special Meeting Minutes from November 15, 2017, Executive Session Minutes from May 9, 2016 and March 20, June 12, August 14, August 21, September 7, September 26, September 27, October 2, and November 6, 2017, and User Access to Linked Minutes MEETING DATE: December 11, 2017 AGENDA ITEM TYPE: Minutes NOTE: For PCs, your internet browser must be Internet Explorer Version 10 or higher. Google Chrome, Firefox or Safari all work as well. To view the video and the minutes of November 6, 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 November 13, 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 November 15, 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 November 20, 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 November 27, 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 November 6, November 13, November 15, November 20, and November 27, 2017, and Executive 6 Session Minutes from May 9, 2016 and March 20, June 12, August 14, August 21, September 7, September 26, September 27, October 2, and November 6, 2017 as submitted. BACKGROUND: The May 9, 2016 and March 20, June 12, August 14, August 21, September 7, September 26, September 27, October 2, and November 6, 2017 Executive Session minutes were circulated for review at a prior City Commission meeting. 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: Executive Session minutes from January 11, 2016 and January 9, 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 December 5, 2017 7 Page 1 of 13 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, November 06, 2017 Mayor - Carson Taylor: Present Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Chris Mehl: Present Staff Present at the Dais: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough A. 06:01:35 PM (00:06:20) 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. 06:01:47 PM (00:06:32) Pledge of Allegiance and a Moment of Silence C. 06:02:32 PM (00:07:17) Changes to the Agenda CM Surratt moved the impact fee study methodology presentation to an action item after the strategic plan. D. 06:02:53 PM (00:07:38) Authorize Absence - Deputy Mayor Cyndy Andrus 06:02:56 PM (00:07:41) Motion and Vote to authorize the absence of Deputy Mayor Cyndy Andrus. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve E. 06:03:14 PM (00:07:59) Executive Session 8 Bozeman City Commission Meeting DRAFT MINUTES, November 6, 2017 Page 2 of 13 1. Litigation Strategy: City of Bozeman v. McAlvain 06:03:15 PM (00:08:00) Discussion CA Sullivan stated the session is regarding City’s lawsuit against McAlvain Contractors in relation to the construction of the Wastewater Reclamation Facility. He recommended the Commission find that an open meeting would have a detrimental effect on the City’s litigation position. He also noted that there are no other public entities involved in the lawsuit except the City. 06:04:07 PM (00:08:52) Finding and Meeting Closed Mayor Taylor found that there are no other public entities involved in the litigation and an open meeting would have a detrimental effect on the City’s litigation position. He closed the meeting. A separate set of minutes have been prepared for the Executive Session. 06:36:37 PM (00:14:20) Call to Order Mayor Taylor called the meeting back to order at 6:36 PM. F. 06:36:43 PM (00:14:27) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Appoint a Sub-Committee of Two Commissioners to Review Pledged Securities as of September 30, 2017 (Clark)  3. Approval of an Off-Premises Beer and Wine License for Sparky Boy Enterprises dba Planet Natural, an On-Premises Beer and Wine License for Montana Theatreworks, and an On- Premises Beer and Wine License for Equinox Theatre dba Verge Theater, for Calendar Year 2017 (Maas)  4. Allow the Bozeman Area Bicycle Advisory Board (BABAB), the Pedestrian and Traffic Safety Committee (PTSC), and the Recreation and Parks Advisory Board (RPAB) to become Affiliated Partner Organizations with Galla10 Alliance for Pathways (GAP or Gallo10) (Vandelinder)  5. Authorize the City Manager to Sign a Memorandum of Agreement, Public Use Easement, Temporary Construction Easement, Waiver Valuation, and Closing Documents with FPR Properties, LLC for Parcels 025A and 025B, with the "Path to the M" Trails, Open Space, and Parks Project (Poissant)  6. Authorize the City Manager to Sign a Utility Easement with J. Stephens for the Midtown Apartments (Nielsen)  7. Authorize the City Manager to Sign an Irrevocable Offer of Dedication with J & D Family Limited Partnership for the Enterprise Site Plan (Nielsen)  8. Authorize the City Manager to Sign a Notice of Award and Purchase Agreement with Jack's Truck & Equipment for Two (2) New Side-Load Trucks and Packers (Handelin)  9 Bozeman City Commission Meeting DRAFT MINUTES, November 6, 2017 Page 3 of 13 9. Authorize the City Manager to Sign a Service Agreement with the Department of Administration, State Information Technology Services Division (SITSD) for the Use of SITSD's Tableau Server Environment (Henderson)  10. Authorize the City Manager to Sign a Professional Services Agreement with AE2S Nexus, LLC for a Water and Wastewater Rate Study (Donald)  11. Authorize the City Manager to Sign Amendment Number 2 to the Professional Services Agreement with Morrison-Maierle for Additional Architectural and Landscape Design Services for the Sunset Hills Cemetery and Lindley Park Water Conservation Project (Ahlstrom)  12. Authorize the City Manager to Sign Amendment Number 3 with Robert Peccia and Associates for the Addition of Design of Phase 1 of the Sourdough Transmission Main for the 5.3 Million Gallon (MG) Water Storage Reservoir Project (Murray)  13. Authorize the City Manager to Sign Task Order Number 14 with DOWL for the Right-of-Way Acquisition Project, Durston and Ferguson Intersection Improvements (Murray)  14. Ordinance 1982 Final Adoption, the Noyes Zone Map Amendment Zoning an Existing .84 Acre Parcel to R-2 in Association with Annexation, Located at 1200 Bridger Drive, Application 17422 (Saunders)  15. Resolution 4848, Adoption of the 2017 Fire Master Plan (Waldo)  16. Resolution 4862, Appointing the Billings City Attorney as a Special Prosecutor in the Matters of EKC (Sullivan)  06:36:55 PM (00:14:38) City Manager Overview CM Surratt provided a brief overview of Consent Items 1-16. 06:43:16 PM (00:21:00) Public Comment There was no public comment. 06:43:34 PM (00:21:17) Motion and Vote to approve Consent Items 1-16 as submitted. The motion passed 4-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve G. 06:43:52 PM (00:21:36) Public Comment Mayor Taylor opened public comment. 06:44:50 PM (00:22:33) Marilee Brown, Public Comment Ms. Brown supported Consent Item 4 and creating a path between Belgrade and Bozeman along the 10 Bozeman City Commission Meeting DRAFT MINUTES, November 6, 2017 Page 4 of 13 Frontage Road. She stated that one-third of the public does not drive, so there is a strong need for a separated pathway. She stated discussed adding this to the Strategic Plan. 06:47:22 PM (00:25:05) Allan Kesselheim, Public Comment Mr. Kesselheim discussed downtown development and how demoralized the quadrant of the city is becoming. He discussed the leniency developers get vs. the difficulty private citizens must go through. He discussed the nightmare of going to the Planning Department. 06:51:25 PM (00:29:09) Matt Cloninger, Public Comment Mr. Cloninger spoke about the Westlake Park Master Plan, and on behalf of the Park’s Board of Directors, he discussed his support. H. 06:53:47 PM (00:31:31) Mayoral Proclamation 1. Fred F. Willson Proclamation  Mayor Taylor read a proclamation regarding Fred F. Willson’s contributions to the community and other cities in Montana, and announced the week Fred F. Willson week. I. Special Presentation 1. Impact Fee Studies General Methodology Presentation (Tindale-Oliver) Moved to Action Item 2. J. 06:58:23 PM (00:36:06) Action Items 1. 06:58:28 PM (00:36:12) Resolution 4852, Adoption of the Bozeman Strategic Plan (Winn)  06:58:56 PM (00:36:40) Staff Presentation ACM Chuck Winn discussed the history of the development of the strategic plan. He discussed the structure of the plan, including the vision, vision statements, strategies, and action items. He discussed the criteria that staff used to simplify the plan. 07:06:08 PM (00:43:52) Questions of Staff Cr. Mehl asked where historic preservation is in the plan and what it says. He also asked about the public comment process and how action items were developed. Mayor Taylor asked if it was realistic to accomplish all 2019 actions, or should they be prioritized more? He asked about some statements that were missing. He asked about the prioritization and integration of pre-existing plans. He asked if plan would be updated annually. CM Surratt stated this would be a working document with changes happening quarterly. Cr. Pomeroy stated she would like to see specific months and funding included. She asked about 11 Bozeman City Commission Meeting DRAFT MINUTES, November 6, 2017 Page 5 of 13 including action verbs in the statements. 07:21:03 PM (00:58:46) Public Comment Mayor Taylor opened public comment. 07:21:33 PM (00:59:16) Heidi Arneson, Public Comment Ms. Arneson discussed that the strategic plan should be the overarching plan, with other plans falling under it. 07:22:24 PM (01:00:08) Lisa Kirk, Public Comment Ms. Kirk stated that this is the first time she has seen the plan. She stated that it hasn’t been available for enough public comment. She asked to include further historic preservation strategies in the plan. 07:25:53 PM (01:03:37) Jack Ranieri, Public Comment Mr. Ranieri stated he was concerned with growth and its unpredictability. He stated this needs to be adequately addressed in the plan. He spoke of the needed preservation of downtown. 07:29:18 PM (01:07:02) Angela Kociolek, Public Comment Ms. Kociolek asked that adoption be delayed so others can read it and weigh in. 07:30:04 PM (01:07:48) Brian Caldwell, Public Comment Mr. Caldwell thanked the Commission for the creation of the plan. 07:30:48 PM (01:08:32) Questions of Staff Cr. Krauss stated this seems like a plan to not change the organization. He asked if the innovative economy meant growing an innovation-based economy? Economic Development Director Brit Fontenot responded in detail. Cr. Krauss discussed the responsibility of staff to develop the skill of seeing the future. He also discussed that he doesn’t see the dashboard as an outreach item. He discussed how to coordinate and better use advisory boards. Cr. Mehl asked about 1.3 and 1.4, and why some agencies are included in one and not the other. In 2.1D, he thought this was already in process, so why was this included? Community Development Director Marty Matsen stated the inventory is coming, but the strategic plan action may be more business-focused. In 4.2C, the Downtown Parking Plan already calls for this, is this needed, and how is it different from 4.4D? In 7.1A, why is staff using such a specific software in DISC? He asked if the Commission will be seeing this again in early spring? CM Surratt stated that this can be brought back in a reasonable amount of time. Cr. Pomeroy asked about the exclusion of the hospital in 1.4A, and that the City should address mental health before the population of the city goes up. She asked if the letter designations prioritized actions, and recommended that the plan does. Public Works Director Craig Woolard detailed the lead pipe replacement project. In 3.3, she does not like A, B, C, and D. She asked if the City will hire bilingual staff in the future. In 4.2C, she asked if we could see what other cities in Montana are doing about parking. In 4.3C, she asked about parks maintenance. Parks and Recreation Director Mitch Overton responded in 12 Bozeman City Commission Meeting DRAFT MINUTES, November 6, 2017 Page 6 of 13 detail. In 4.3H, she asked if this meant the City would force annexation. In 4.4D, she asked staff to think about how to creatively use commercial lots. In 6.3E, she asked if the City encourages large solar panels. Sustainability Manager Natalie Meyer responded what this item addresses. Cr. Mehl asked if 6.3 and 6.4 could be combined. Cr. Pomeroy asked in regards to 7.2C, she asked if the Commission was a part of the City’s leadership team. In 7.2Q, she asked about diversity goals. 08:08:58 PM (01:46:42) Recess Mayor Taylor called the Commission into recess until 8:15 PM. 08:22:58 PM (02:00:41) Call to Order Mayor Taylor called the meeting back to order at 8:22 PM. 08:23:08 PM (02:00:52) Motion to adopt Resolution 4852, adopting the strategic plan for the City of Bozeman. Mayor Taylor passed the gavel to Cr. Pomeroy. Commissioner - Chris Mehl: Motion Mayor - Carson Taylor: 2nd 08:23:49 PM (02:01:33) Point of Order Cr. Krauss asked if Mayor Taylor was allowed to pass the gavel in order to second. CA Sullivan discussed what was technically in the Commission’s rules of order. Mayor Taylor denied the point of order. Cr. Pomeroy passed the gavel back to Mayor Taylor. 08:25:24 PM (02:03:07) Discussion Cr. Mehl stated he is very interested in passing the strategic plan. He suggested the Commission meet and devote time to the plan. He believes it’s generally in good shape. He stated his frustration that the Commission can’t work through this. Mayor Taylor never seen a manipulation of the Commission like this, as the Commission isn’t even seconding motions, so it cannot be discussed. Cr. Krauss stated that he doesn’t want to accelerate this because the mayor is leaving office in two months, as it’s not deliberative, and that’s not how he wants to pass a strategic plan. He also sees a number of problems with the plan, which he discussed. He thinks the Commission needs to go through these one more time with the new City Manager and staff. Mayor Taylor stated that he wanted to finish the strategic plan since they’ve been working on this for a long time, and it will be difficult to start over with new Commissioners in the new year. He discussed the process of this plan in detail. Cr. Pomeroy did not second because she does not think it will take another 2 years to finish this. She was also unsure if the goals are practical. Cr. Mehl reiterated that he was surprised they could not talk about this tonight. He asked CA Sullivan 13 Bozeman City Commission Meeting DRAFT MINUTES, November 6, 2017 Page 7 of 13 how to force a vote. Cr. Krauss stated he didn’t expect to pass this tonight. He doesn’t think that more time is a bad thing, as it will increase input and participation. 08:58:15 PM (02:35:59) Motion to Table. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 08:58:23 PM (02:36:06) Discussion CA Sullivan encouraged the Commission to table to a date certain. The Commission discussed. 09:02:32 PM (02:40:16) Friendly Amendment to set the date certain of November 27, 2017. 09:03:26 PM (02:41:09) Discussion Mayor Taylor stated this has been discussed for a long time. Cr. Krauss stated that the work to get this and the UDC done in time is a lot to expect of the Commission, staff, and public. Mayor Taylor stated his intention is to create good legislation, but be efficient. 09:08:01 PM (02:45:45) Vote on the Motion to Table until a date certain of November 27, 2017. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve Special Presentation 1. 09:08:44 PM (02:46:27) (Moved from Special Presentations) Impact Fee Studies General Methodology Presentation (Tindale-Oliver) 09:08:57 PM (02:46:41) Staff Presentation Assistant City Manager Anna Rosenberry introduced the consultants with Tindale-Oliver, who will be providing an introduction to Impact Fee Studies. Ms. Camp discussed the background and purpose of the studies, defined impact fees, legal requirements, the impact fee formula, the technical study, and the next steps. 09:18:35 PM (02:56:19) Questions of Presenter Cr. Pomeroy asked further about the demographic information presented. Cr. Krauss asked about benefit districts. He asked about capital programming and prioritization. He asked about level or service. 14 Bozeman City Commission Meeting DRAFT MINUTES, November 6, 2017 Page 8 of 13 Cr. Mehl asked if they will continue to look at trip exchange districts. 2. 09:30:05 PM (03:07:48) Resolution 4842, Modification of Special Improvement Lighting District (SILD) 728, The Lakes at Valley West Phases 1-4 (Donald)  09:30:19 PM (03:08:02) Staff Presentation Finance Director Kristin Donald discussed the proposed modifications to the district. 09:31:22 PM (03:09:06) Public Comment There was no public comment. 09:31:36 PM (03:09:19) Motion to adopt Resolution 4842, Modification of Special Improvement Lighting District (SILD) 728, The Lakes at Valley West Phases 1-4. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 09:31:55 PM (03:09:39) Discussion Cr. Pomeroy supports the motion. 09:32:09 PM (03:09:52) Vote on the Motion to adopt Resolution 4842, Modification of Special Improvement Lighting District (SILD) 728, The Lakes at Valley West Phases 1-4. The motion passed 4-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 3. 09:32:18 PM (03:10:01) 2017 Peterson Annexation of 5 Acres and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of B-2, Community Business, Located at 3221 Baxter Lane, Application 17433 (Saunders)  09:32:41 PM (03:10:24) Staff Presentation Policy and Planning Manager Chris Saunders presented the proposed zone map amendment and annexation. Staff found all the criteria of evaluation have been met or are neutral. The Zoning Commission recommends approval. Two protests were received to date, neither was valid by statute. 09:36:11 PM (03:13:54) Questions of Staff Mayor Taylor asked if the protests go with the zone map amendment, not the annexation. 15 Bozeman City Commission Meeting DRAFT MINUTES, November 6, 2017 Page 9 of 13 09:37:03 PM (03:14:46) Applicant Presentation CA Sullivan asked if they waived their appearance in writing, Mr. Saunders said no. The matter must be continued to a future date. 09:38:10 PM (03:15:53) Public Comment There was no public comment. 09:49:31 PM (03:27:14) Applicant Presentation Jason Leap, representative of applicant, is comfortable with the staff report. 09:49:55 PM (03:27:38) Questions of Applicant Cr. Krauss asked Mr. Leap why B-2. Cr. Mehl asked if the drive access was figured out. 09:51:06 PM (03:28:49) Public Comment There was no public comment. 09:51:38 PM (03:29:21) 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 17433 and move to approve the 2017 Peterson Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 09:52:12 PM (03:29:56) Discussion Cr. Pomeroy supports the motion. Cr. Krauss incorporated in the staff findings by reference. Cr. Mehl stated this is part of the neighborhood nodes around the city. 09:53:14 PM (03:30:57) 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 17433 and move to approve the 2017 Peterson Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The motion passed 4-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve 16 Bozeman City Commission Meeting DRAFT MINUTES, November 6, 2017 Page 10 of 13 Commissioner - Chris Mehl: Approve 09:53:22 PM (03:31:05) 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 17433 and move to approve the 2017 Peterson Zone Map Amendment, with contingencies required to complete the application processing. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 09:53:54 PM (03:31:38) Discussion Cr. Pomeroy supports the motion. Cr. Krauss stated this isn’t his favorite zoning designation, but he does support the zone map amendment. Cr. Mehl incorporates the findings of the staff report. He also noted that protests were not sufficient to trigger the super-majority requirement. Mayor Taylor shared the Commission’s comments. 09:55:35 PM (03:33:19) 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 17433 and move to approve the 2017 Peterson Zone Map Amendment, with contingencies required to complete the application processing. The motion passed 4-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 4. 09:38:59 PM (03:16:42) Continuation of Application 17454 (Bozeman Second High School), a Zone Map Amendment for 39.896 Acres with Proposed Initial Zoning of PLI, Public Lands and Institutions District, in Association with an Annexation Petition from November 6, 2017 to November 13, 2017 (Saunders)  09:39:32 PM (03:17:16) Staff Presentation Community Development Director asked this to be continued to a date certain. 09:39:48 PM (03:17:31) Public Comment There was no public comment. 17 Bozeman City Commission Meeting DRAFT MINUTES, November 6, 2017 Page 11 of 13 09:39:54 PM (03:17:37) Motion and Vote to continue the public hearing for the Bozeman Second High School Annexation zone map amendment, Application 17454 to November 13, 2017. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 5. 09:40:34 PM (03:18:17) Resolution 4811, Adoption of the Westlake Park Master Plan (Poissant)  09:40:45 PM (03:18:29) Staff Presentation Parks and Recreation Director Mitch Overton addressed the inclusion of a narrative in future master plans, included in this packet. TOPS Manager Carolyn Poissant discussed the site context. She discussed the PROST Plan preparation guidance. She discussed the public outreach process. The Recreation and Parks Advisory Board unanimously recommended approval. She discussed the Online City Hall survey results. She discussed the design objectives of the plan. 09:46:22 PM (03:24:06) Public Comment There was no public comment. 09:46:34 PM (03:24:17) Motion that in consideration of all public comment and information presented to date, I hereby move to adopt Resolution 4811, adopting the Westlake Park Master Plan in accordance with the 2007 Parks, Recreation, Open Space and Trails Plan and the Bozeman Municipal Code Section 26.02.220. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 09:47:02 PM (03:24:45) Discussion Cr. Mehl stated this looked like a good master plan. Cr. Pomeroy stated this was another way to increase city amenities. Cr. Krauss likes the back-in parking. 09:49:04 PM (03:26:47) Vote on the Motion that in consideration of all public comment and information presented to date, I hereby move to adopt Resolution 4811, adopting the Westlake Park Master Plan in accordance with the 2007 Parks, Recreation, Open Space and Trails Plan and the Bozeman Municipal Code Section 26.02.220. The motion passed 4-0. 18 Bozeman City Commission Meeting DRAFT MINUTES, November 6, 2017 Page 12 of 13 Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 6. 09:55:50 PM (03:33:33) Appointment(s) to the Recreation and Parks Advisory Board (RPAB) (Sweeney)  09:56:03 PM (03:33:46) Motion to appoint Katherine Walsh to the term ending December 31, 2019, and Kylar Clifton to the term ending December 31, 2018 [to the Recreation and Parks Advisory Board]. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 09:56:38 PM (03:34:21) Public Comment There was no public comment. 09:56:40 PM (03:34:23) Discussion Mayor Taylor noted that the ordinance currently reads that there are two high school students, and no MSU students. There will be a change upcoming. 09:58:02 PM (03:35:46) Vote on the Motion to appoint Katherine Walsh to the term ending December 31, 2019, and Kylar Clifton to the term ending December 31, 2018 [to the Recreation and Parks Advisory Board]. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 7. 09:58:13 PM (03:35:56) Session Continued from October 30, 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)  19 Bozeman City Commission Meeting DRAFT MINUTES, November 6, 2017 Page 13 of 13 09:58:20 PM (03:36:04) Mayor Taylor continued the session to November 13, 2017. K. 09:59:31 PM (03:37:15) FYI/Discussion 09:59:36 PM (03:37:19) Meeting Extended Mayor Taylor extended the meeting to 10:05 PM. • City Clerk Crough noted the municipal election is tomorrow, and that ballots may be dropped off at City Hall until 8:00 PM. • Cr. Krauss confirmed that the next two Monday meetings have 5:00 PM start times. • Mayor Taylor welcomed the new City Manager Andrea Surratt to her first Commission meeting. L. 10:01:03 PM (03:38:46) Adjournment Mayor Taylor adjourned the meeting at 10:01 PM. 20 Page 1 of 17 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, November 13, 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: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, Assistant City Manager (ACM) Chuck Winn, City Clerk Robin Crough A. 05:02:01 PM (00:06:50) Call to Order – EARLY START TIME - 5:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 5:02 PM. B. 05:02:07 PM (00:06:56) Pledge of Allegiance and a Moment of Silence C. 05:03:00 PM (00:07:49) Changes to the Agenda CM Surratt stated that the Bozeman School Board will attend at 8:00 PM for the Informal Site Plan Review, Action Item 6. D. 05:03:42 PM (00:08:31) Special Presentation 1. Welcome of Kenyan Delegation to Conference with Engineers Without Borders at Montana State University (Taylor) Mayor Taylor introduced the Kenyan delegation with Engineers Without Borders. Professor Lisa Kirk introduced the individuals and provided details about their visit. E. 05:08:44 PM (00:13:33) Minutes 21 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 2 of 17 1. 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 (Crough)  05:08:50 PM (00:13:39) Motion and Vote to approve the combined City Commission minutes from June 19, October 9, October 16, October 18, October 23, and October 30, 2017, 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 F. 05:09:14 PM (00:14:03) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Approve the Depository Bonds and Pledged Securities as of September 30, 2017 (Clark)  3. Approve an On-Premises Beer and Wine License for Bozeman Pub, LLC for Calendar Year 2017 (Maas)  4. Approve the Impact Fee Support from the Affordable Housing Fund for Up to Four Lots in The Lakes at Valley West Subdivision (Saunders)  5. Adopt the Building Inspection Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Donald)  6. Adopt the Community Development Capital Improvement Plan (CIP) for Fiscal Years 2019- 2023 (Donald)  7. Authorize the City Manager to Sign an Irrevocable Offer of Dedication with Longshot Equity, LLC for the McChesney Industrial Park Project (Kohtz)  8. Authorize the City Manager to Sign a Sewer Pipeline and Access Easement and Agreement and Pedestrian Access Easement with Longshot Equity, LLC for the McChesney Industrial Park Project (Kohtz)  9. Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement and Public Access Easement with Buggy Bath, LLC for the Bozeman Commons Project (Kohtz)  10. Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement and Public Access Easement with Bridger View Development, LLC for the Bozeman Commons Project (Kohtz)  22 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 3 of 17 11. Resolution 4857, Authorizing Submittal of a Grant Application to the Environmental Protection Agency (EPA) Brownfields Program for Vollmer Building Removals in the Story Mill Community Park (Poissant)  12. Resolution 4860, Supporting the Application to the Big Sky Economic Development Trust Fund Program Administered by the Montana Department of Commerce, on Behalf of Zinovo (Fontenot)  13. Resolution 4863, Authorizing Change Order Number 2 with Montana Civil Contractors, Inc. to the 5.3 Million Gallon (MG) Water Storage Tank Project (Murray)  05:09:22 PM (00:14:11) City Manager Overview CM Surratt provided a brief overview of Consent Items 1-13. 05:14:10 PM (00:18:59) Public Comment There was no public comment. 05:14:24 PM (00:19:13) Motion and Vote to approve Consent Items 1-13 as submitted. 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 G. 05:14:40 PM (00:19:29) Public Comment Mayor Taylor opened public comment. 05:15:39 PM (00:20:28) Ralph Zimmer, Public Comment Mr. Zimmer, on behalf of the Bozeman Area Pedestrian and Traffic Safety Committee, spoke concerning the CIP, and thanked staff for the work, and thanked them for tentatively including pedestrian and bicycle projects. He also discussed some spot improvement projects mentioned in the Transportation Master Plan that are needed, but not included in the CIP. H. 05:18:24 PM (00:23:13) Action Items 1. 05:18:27 PM (00:23:16) Presentation of Gallatin County's Law and Justice Center Feasibility Study (Winn)  05:19:10 PM (00:23:59) Staff Presentation ACM Winn provided the history of the iterations of the Law & Justice Center. Bill Hanson, with ThinkOne Architects, discussed the proposed options for revisiting the issue. He discussed improving the current 23 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 4 of 17 structure vs. building a new structure. He discussed each option (1-4) in detail. Cr. Mehl asked about the re-entry options. Mr. Hanson described Option 1 in great detail. This is the most expensive option. Mayor Taylor asked about the possibility of splitting Option 2 into two bonds, and what that would cost. Cr. Mehl further asked about the re-entry facility. Mr. Hanson described the different of this option vs. Option 1. ACM Winn responded with further context. Mr. Hanson stated Options 3 and 4 both are more expensive than building new structures. 05:56:25 PM (01:01:14) Questions Cr. Pomeroy asked how the exact costs were determined. DM Andrus asked about minor modifications proposed in Option 2. She also asked if Mr. Hanson thinks the Commission has looked at every possible scenario. He responded no and provided detail. Cr. Pomeroy asked about the conditions that are listed as good. Therrin Thompson with Staley Engineering responded. She asked if Option 1 was even a good option in this case. Cr. Mehl asked County Administrator Jim Doar what the County’s preference is. He responded to phase in Option 2. Cr. Mehl asked if rehabilitation of the structures was the most expensive option, to which Mr. Hanson responded yes. He asked what has changed from the presentation from September. He also asked if the municipal courts were given enough consideration. Municipal Courts were not included in Option 1. Cr. Mehl asked Police Chief Crawford if the traffic flow is working for police needs. He asked for a cost estimate with a change not including this street work. He asked ACM Winn how involved he’s been in this report. Cr. Mehl asked County Administrator Doar if this is the County’s ready to participate. Mayor Taylor asked if Option 1 would lead to a “growing out” point at some point. CM Surratt is ready to reconvene a next steps committee very quickly since the timeline is so soon. County Administrator Doar stated that a June ballot is recommended since there will be an open space bond in November. 06:26:45 PM (01:31:34) Public Comment Mayor Taylor opened public comment. 06:26:59 PM (01:31:48) Karl Seel, Public Comment Municipal Court Judge Seel stated he was interested in seeing what the City’s interests are in this project. He stated that this has enlightened what options can be eliminated, specifically not rehabilitating the current buildings. He supports Option 2 since it includes the Municipal Court. He stated there are options that haven’t yet been explored. 06:29:40 PM (01:34:29) Discussion Cr. Krauss stated there is a fifth option, or to amend Option 2, as no other option makes sense. He stated June is too early, and maybe the City needs to look at a Municipal Justice Center. Cr. Pomeroy stated the Commission needs to listen to the voters. She thinks Option 2 costs too much. But they need to look into why the citizens voted this down twice. DM Andrus stated Option 2 is the only option that makes sense to her, but she also thinks it would be worth looking at a separate Municipal Justice Center. 24 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 5 of 17 Cr. Mehl discussed how urgent the next steps are. He’s interested in something that works well for the next 10-20 years. He is still interested in discussing this with the County. Mayor Taylor stated that the option that already went to the voters was the best option. His number one priority at this point is the police, as their space right now is inadequate. His preference is Option 2 with an immediate bond for the police and sheriff. He also stated that he supports looking into other options. Cr. Krauss stated only Option 2 and some other options are valid. He discussed that he supports funding an off-year election if needed. Cr. Pomeroy asked Mayor Taylor about his preference to bond twice. 06:50:10 PM (01:54:59) Motion that after listening to the presentations and taking public comment, I move to direct the City Manager to work with Gallatin County to formally reconvene a joint workgroup to develop options that address the critical facility and public safety needs of the City and County law and justice functions for consideration by both governing bodies, and explore other options and please come back. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 06:51:11 PM (01:56:00) Friendly Amendment to add “We also direct City staff to evaluate options for the provision of City services, including the Municipal Law & Justice Center and Fire.” 06:51:43 PM (01:56:32) Discussion Cr. Pomeroy supports the friendly amendment. Cr. Krauss stated that this will prioritize the city residents and services. Cr. Mehl stated this explores all options. DM Andrus stated she agrees with what has been stated. Cr. Krauss stated that this has been a priority for ten years, and this needs to move forward. Mayor Taylor supports the motion, and believes there are good options to discover. He stated they should move quickly, but not so fast that a project fails. 06:57:14 PM (02:02:03) Vote on the Motion as Amended that after listening to the presentations and taking public comment, I move to direct the City Manager to work with Gallatin County to formally reconvene a joint workgroup to develop options that address the critical facility and public safety needs of the City and County law and justice functions for consideration by both governing bodies, and explore other options and please come back. We also direct City staff to evaluate options for the provision of City services, including the Municipal Law & Justice Center and Fire. The motion passed 5- 0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve 25 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 6 of 17 Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 06:57:44 PM (02:02:33) Recess Mayor Taylor called the Commission into recess until 7:05 PM. 07:09:18 PM (02:14:07) Call to Order Mayor Taylor called the meeting back to order. 2. 07:09:29 PM (02:14:18) Pine Meadow Accessory Dwelling Unit (ADU) Conditional Use Permit (CUP), Located at 468 Valley Drive, Application 17175 (Quasi-Judicial) (Garber)  07:09:44 PM (02:14:33) Staff Presentation Danielle Garber entered the staff report into the record. Ms. Garber described the lot, current land use, the current site plan, the proposed ADU, criteria met, public notice, public comment, and DRC review. 07:14:28 PM (02:19:17) Questions of Staff Cr. Pomeroy asked if this was R-1 or R-3. Cr. Mehl asked about the public comment received. 07:17:03 PM (02:21:52) Applicant Presentation Scott Pray stated that he has put a lot of effort into finding the right lot and designing the right property. 07:17:37 PM (02:22:26) Questions of Applicant Cr. Pomeroy asked if he is going to let other people use the ADU. Cr. Mehl asked if he has seen and has any problems with the staff report. 07:18:19 PM (02:23:08) Public Comment There was no public comment. 07:18:38 PM (02:23:27) 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 17175 and move to approve the Pine Meadow conditional use permit to allow the establishment of an accessory dwelling unit above a detached garage with conditions and subject to all applicable code provisions. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 07:19:09 PM (02:23:58) Discussion Cr. Krauss doesn’t typically support ADUs, but he finds this one suitable. Cr. Mehl agrees with the staff analysis and supports it. 26 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 7 of 17 Cr. Pomeroy supports the motion since it provides affordable housing and more income. Mayor Taylor also supports it as he agrees with the terms and conditions. 07:21:05 PM (02:25:54) 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 17175 and move to approve the Pine Meadow conditional use permit to allow the establishment of an accessory dwelling unit above a detached garage with conditions and subject to all applicable code provisions. 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 3. 07:21:15 PM (02:26:04) 3168 Fen Way (Cattail Creek) Accessory Dwelling Unit (ADU) Conditional Use Permit (CUP), Located at 3168 Fen Way, Application 17382 (Quasi-Judicial) (Garber)  07:21:37 PM (02:26:26) Staff Presentation Danielle Garber entered her staff report into the record. She discussed the property, current land use, proposed ADU, other approved ADUs in the area, criteria met, public notice, public comment (none), and DRC review. Staff recommends approval. 07:25:52 PM (02:30:41) Applicant Presentation Jeff Lucien, architect on the project, stated this is intended to infill the corner. 07:26:28 PM (02:31:17) Questions of Applicant Cr. Mehl asked if he had seen the staff report and if he had any problems. 07:26:51 PM (02:31:40) Public Comment There was no public comment. 07:27:11 PM (02:32:00) 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 17382 and move to approve the 3168 Fen Way conditional use permit to allow the establishment of an accessory dwelling unit above a detached garage with conditions and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 27 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 8 of 17 07:27:37 PM (02:32:26) Discussion Cr. Mehl is in agreement with the staff report and supports the ADU given the area. DM Andrus agreed with the previous comments and supports the project. Cr. Krauss described his concern of duplexes. Cr. Pomeroy supports the motion. 07:29:28 PM (02:34:17) 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 17382 and move to approve the 3168 Fen Way conditional use permit to allow the establishment of an accessory dwelling unit above a detached garage with conditions and subject to all applicable code provisions. 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 4. 07:29:42 PM (02:34:31) Resolution 4859, Adopting the Street Impact Fee Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Donald)  07:30:21 PM (02:35:10) Staff Presentation Finance Director Kristin Donald discussed waivers of development, revenue trends, Street Impact Fee projects, the financial summary, and projects of note, specifically the roads around the proposed second high school. 07:32:42 PM (02:37:31) Questions of Staff DM Andrus asked about item SF134, and if that number has the correct pricing. She also asked about the LOS restrictions, and what’s driving which intersections get priorities. Public Works Director Craig Woolard responded in detail. Cr. Krauss asked what’s driving the improvements around Bridger Drive / Story Mill. Dr. Woolard responded the Story Mill Community Park, anticipated development at Bridger Vale, and other pending development on Griffin Drive. 07:36:59 PM (02:41:48) Public Comment Mayor Taylor opened public comment. 07:37:09 PM (02:41:58) Cordell Poole, Public Comment Mr. Poole with Staley Engineering stated he was in support of both CIPs this evening. He wanted to state on behalf of the professional community that the City/Commission was wisely investing with these plans. 28 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 9 of 17 07:38:29 PM (02:43:18) Ben Lloyd, Public Comment Mr. Lloyd, representing the Trust for Public Land, also thanked the Public Works Department for tonight’s CIPs since it will improve infrastructure around the Story Mill Community Park. 07:39:22 PM (02:44:11) Motion to adopt Resolution 4859, Adopting the Street Impact Fee Capital Improvement Plan (CIP) for Fiscal Years 2019-2023. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd 07:39:34 PM (02:44:23) Discussion DM Andrus stated this is a fair, reasonable, and sustainable plan. Cr. Pomeroy also supports the motion. Cr. Krauss stated the Story Mill improvements are out of self-interest. He thanked staff for getting this in front of the Commission. Cr. Mehl encouraged staff to use a better color than the light blue. Mayor Taylor stated that he appreciates staff’s working with the shift from the second high school. 07:43:12 PM (02:48:01) Vote on the Motion to adopt Resolution 4859, Adopting the Street Impact Fee Capital Improvement Plan (CIP) for Fiscal Years 2019-2023. 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 5. 07:43:33 PM (02:48:22) Resolution 4858, Adopting the Arterial and Collector District Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Donald)  07:43:47 PM (02:48:36) Staff Presentation Finance Director Kristin Donald discussed the heavy weight on the first three years. She discussed the revenue trends, new gas tax, and financial summary. 07:45:11 PM (02:50:00) Questions of Staff Cr. Mehl asked about the increase from 2% to 5%. Cr. Pomeroy asked about the gas tax revenue. 07:46:24 PM (02:51:13) Public Comment There was no public comment. 29 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 10 of 17 07:46:35 PM (02:51:24) Motion to adopt Resolution 4858, Adopting the Arterial and Collector District Capital Improvement Plan (CIP) for Fiscal Years 2019-2023. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 07:46:53 PM (02:51:42) Discussion Cr. Pomeroy supports the motion. Cr. Krauss discussed this is where citizens have seen a large tax increase. He discussed how this helps county residents that don’t pay municipal taxes, particularly around the new high school. He welcomes County participation in intersection improvements in that area. DM Andrus stated that the results of this money is seen and beneficial. 07:50:14 PM (02:55:03) Vote on the Motion to adopt Resolution 4858, Adopting the Arterial and Collector District Capital Improvement Plan (CIP) for Fiscal Years 2019-2023. 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 07:54:34 PM (02:59:23) Recess Mayor Taylor called the Commission into recess until the School Board arrives. 08:28:55 PM (03:33:44) Call to Order Mayor Taylor called the meeting back to order at 8:28 PM. The Bozeman School District Board of Trustees joined the City Commission. 6. 08:29:17 PM (03:34:06) 2017 Second Bozeman High School Informal Review, Application 17459 (Johnson)  08:29:41 PM (03:34:30) Staff Presentation ACM Chuck Winn discussed the City process to identifying options and solutions to getting this project done in the timeframe the School District wants. Senior Planner Courtney Johnson introduced the second Bozeman high school project. She discussed the project timeline, vicinity map, existing conditions, land use, project introduction, pedestrian circulation, bicycle circulation, vehicle access, block length, drop off / loading areas, service access, public bus, parking, parking counts, building capacity, and parking departures. She discussed the Sports Park and a shared parking proposal. Development Review Engineer Shawn Kohtz discussed the public infrastructure, specifically required 30 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 11 of 17 arterial street improvements, Oak Street responsibilities, Cottonwood Road responsibilities, the streets network (Cottonwood Road between Baxter Lane and Oak Street), local street improvements (Annie Street), right-of-way improvements, and sewer capacity. Engineer Brian Heaston discussed water rights and supply. 09:07:18 PM (04:12:07) Questions of Staff The School District asked about the cost of the City providing the water. Mayor Taylor asked if the process for the geothermal is simpler. The School District asked for more clarity on the cash-in-lieu of water rights. Cr. Mehl asked if the water was done with the last elementary school. DM Andrus asked about a temporary lift station. She asked if making amendments to the Sports Park Master Plan requires public hearings. Parks and Recreation Director Mitch Overton discussed he process. Cr. Pomeroy asked about the expense of installing geothermal heating. She asked if solar panels will be installed. The School District asked for clarification on the right-of-way requirement that did not have a solution. Cr. Mehl asked why the City was covering one corner and not another. The School District asked if the traffic studies are in conflict. CM Surratt added that the long-range traffic plans of the City supercede any site-specific plans. The School District asked if the unresolved issue would influence the building of the high school if unresolved. The School District asked if development was also driving the needed impacts. The School District asked what the City’s vision for Annie Street is crossing the property. Cr. Krauss asked for clarity about the traffic study. Cr. Pomeroy asked if the School Board is going to pay for the Annie Street infrastructure, and if County students will attend the school. 09:27:05 PM (04:31:54) Applicant Presentation Bob Franzen with CTA Architects discussed the School Board’s process. They are currently in design development. There are two phases for construction including site development and building core/shell, and interior development. He discussed the budget, including bonding. 09:32:45 PM (04:37:34) Questions of Applicant Cr. Pomeroy asked about building a tunnel under Oak Street, and if a bridge is a better option. The School District asked where the discrepancy in parking numbers came from. She asked how block length factors in to his design. 09:36:55 PM (04:41:44) Public Comment There was no public comment. 09:37:47 PM (04:42:36) Questions of Applicant Continued Cr. Pomeroy asked if solar panels will be installed. 31 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 12 of 17 09:40:37 PM (04:45:26) Discussion The School District discussed Annie Street in relation to further expansion and removing future School District flexibility. DM Andrus stated that incomplete streets around schools cause greater problems. The School District stated that Annie does not make the site safer. Mayor Taylor stated that the fundamental purpose of Annie is to more safety disperse traffic out of the site. He doesn’t see the block length as a serious issue. The School District stated that the one traffic study is not being listened to. ACM Winn explained the difference between the traffic study and the larger Transportation Master Plan. Cr. Mehl told the school that the City is paying a lot of time and money to make this happen for the school. 10:00:00 PM (05:04:49) Meeting Extended Mayor Taylor extended the meeting to 10:30 PM. 10:00:13 PM (05:05:02) Discussion Continued Cr. Mehl discussed the level of compromise the City has tried to help the School District. The School District stated that if Annie has to go through, it’ll go through, but to make it the best possible. Cr. Krauss started that cheap land on the edge of town always requires infrastructure. He stressed the importance of Annie Street. The School District stated the site was purchased because that’s where the kids are. They asked why anticipated enrollment and build-out expectations haven’t been provided yet. 7. 10:13:39 PM (05:18:28) 2017 Second Bozeman High School Annexation of 36.896 Acres and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of PLI, Public Lands and Institutions, Located East of North Cottonwood Road and West of Flanders Mill Road Between the Future Extensions of Oak and Annie Streets, Legally Described as Tract 1A2 of Certificate of Survey 2554B, City of Bozeman, Gallatin County, Montana, Application 17454 (Saunders)  10:14:30 PM (05:19:19) Staff Presentation Policy and Planning Manager Chris Saunders described the investments in capital infrastructure on the site. He described the City’s policy on annexation goals and policies. He discussed three unresolved issues, including the traffic impact study, Cottonwood Lane, and sewer service locations. No public comment has been received. The Zoning Commission recommends favorably. 10:21:11 PM (05:26:00) Public Comment on Zoning There was no public comment. 32 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 13 of 17 10:21:44 PM (05:26:33) Applicant Presentation The School District was not prepared to comment as the applicant. 10:22:40 PM (05:27:29) 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 17454 and move to approve the 2017 Second High School Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 10:23:02 PM (05:27:51) Discussion Cr. Mehl thanked the School District for the work done on this and hope cooperation continues. DM Andrus stated the application meets the criteria for annexation.} Cr. Krauss asked if the motion addresses the unresolved issues. 10:24:24 PM (05:29:13) Amendment to the Motion to add a sentence “Provided unresolved issues are resolved to City staff’s satisfaction.” Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 10:24:42 PM (05:29:31) Discussion Cr. Krauss stated the issues are not addressed in the original motion. Cr. Mehl supports the amendment. 10:26:03 PM (05:30:52) Vote on the Amendment to the Motion to add a sentence “Provided unresolved issues are resolved to City staff’s satisfaction.” The amendment 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 10:26:17 PM (05:31:06) Discussion on Main Motion Cr. Krauss stated the conditions are significant. 10:27:11 PM (05:32:00) Meeting Extended Mayor Taylor extended the meeting to 10:45 PM. 33 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 14 of 17 10:27:15 PM (05:32:04) Discussion Continued Cr. Pomeroy supports the motion. Mayor Taylor discussed the expenses of the annexation. He appreciates the cooperation of staff and the School Board. 10:29:36 PM (05:34:25) Point of Clarification The School Board asked if the language in the staff report will firmly be in the agreement. 10:31:04 PM (05:35:53) Vote on the Motion as Amended 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 17454 and move to approve the 2017 Second High School Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties, provided unresolved issues are resolved to City staff’s satisfaction. 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 10:31:17 PM (05:36:06) Public Comment on Zoning Mayor Taylor opened public comment. 10:31:32 PM (05:36:21) Abigail Brewer, Public Comment Ms. Brewer currently lives across from the current high school. She discussed significant impacts experienced by the neighbors. She discussed challenges in trying to speak to the School District about her concerns. 10:35:43 PM (05:40:32) Douglas Fisher, Public Comment Mr. Fisher appreciates the process for this cooperation. 10:37:06 PM (05:41:55) Applicant Rebuttal There was no rebuttal. 10:37:37 PM (05:42:26) 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 17454 and move to approve the 2017 Second High School Zone Map Amendment, with contingencies required to complete the application processing. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 34 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 15 of 17 10:38:02 PM (05:42:51) Discussion Cr. Mehl is in agreement with the findings. He supports the motion. DM Andrus supports the ZMA, and appreciates the public comment. Cr. Krauss addressed the public comment, and encouraged the School District not to waive a flag of exemption. He supports the zoning. Mayor Taylor stated the design addresses the concerns of the public comment. 10:42:01 PM (05:46:50) 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 17454 and move to approve the 2017 Second High School Zone Map Amendment, with contingencies required to complete the application processing. 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 8. 07:50:42 PM (02:55:31) Continuation of the Appeal of the Administrative Project Decision 17365 for the Links Condominiums Application 16374 from November 13, 2017 to December 11, 2017 (Quasi-Judicial) (Krueger)  07:50:57 PM (02:55:46) Staff Presentation CA Sullivan described the history of this item. The applicant has entered into discussions with the property owner and asked for additional time. 07:52:08 PM (02:56:57) Public Comment There was no public comment. 07:52:14 PM (02:57:03) Motion and Vote to hereby continue the review of Appeal of the Administrative Project Decision 17365 from November 13, 2017 to December 11, 2017. 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 35 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 16 of 17 9. 07:52:53 PM (02:57:42) Appointment(s) to the Bozeman Tourism Business Improvement District (BTBID) Board (Sweeney)  07:53:02 PM (02:57:51) Motion to appoint Eric Sheckleton and Matthew Beehler to the two positions expiring July 31, 2021 [to the Bozeman Tourism Business Improvement District Board]. 07:53:17 PM (02:58:06) Public Comment There was no public comment. 07:53:32 PM (02:58:21) Vote on the Motion to appoint Eric Sheckleton and Matthew Beehler to the two positions expiring July 31, 2021 [to the Bozeman Tourism Business Improvement District Board]. 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. 10:42:24 PM (05:47:13) Session Continued from November 6, 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)  10:42:28 PM (05:47:17) Mayor Taylor continued the session continued to November 15, 2017. I. 10:42:35 PM (05:47:24) FYI/Discussion 1. Cr. Mehl mentioned a distributed Planning Board memo that could be discussed. 2. DM Andrus stated she received an email regarding school drop-off and parking. Cr. Krauss stated the City should be able to come up with a better response to address the public comment. 3. The School Board appreciates the meeting. They specifically thanked ACM Winn and the board trustees. 10:45:01 PM (05:49:50) Meeting Extended Mayor Taylor extended the meeting to 10:50 PM. 4. City Clerk Crough reminded the Commission that they have their packets for Wednesday’s and Thursday’s special meeting in hand. 36 Bozeman City Commission Meeting DRAFT MINUTES, November 13, 2017 Page 17 of 17 J. 10:45:28 PM (05:50:17) Adjournment Mayor Taylor adjourned the meeting at 10:45 PM. 37 Page 1 of 24 THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES Wednesday, November 15, 2017 *PLEASE NOTE THAT DUE TO TECHNICAL ISSUES, THERE IS NO MEETING AUDIO UNTIL 06:48:15 PM (00:47:17)* Mayor - Carson Taylor: Present Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Chris Mehl: Present Staff Present at the Dias: City Manager (CM) Andrea Surratt, Assistant City Attorney (ASA) Karen Stambaugh, Meeting Clerk Tom Londe A. 06:03:07 PM (00:02:09) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:03 PM. B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda There were no changes to the agenda. D. Authorize Absence – Deputy Mayor Cyndy Andrus Motion and Vote to authorize the absence of Deputy Mayor Andrus. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Abstain Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve 38 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 2 of 24 Commissioner - Chris Mehl: Approve E. General Public Comment Mayor Taylor opened public comment Henri Foch, Public Comment Mr. Foch with Intrinsik Architecture offered comments regarding Article 5.30 of the Unified Development Code. He felt many of the proposed regulations were very constrictive, as well as many of his colleagues in the design community. He feels it is important to continue to reference the Community Plan for guidance. He feels that the portions of Article 5 relating to building design deviates from the Community Plan. He and others in the design community have proposed changes to the UDC that will allow flexibility and adhere more closely to the Community Plan. 6:08 PM Recess Mayor Taylor called the commission into recess until 6:11 PM. 6:11 PM Call to Order Mayor Taylor called the commission back to order at 6:11 PM. Shae Stewart, Public Comment Mr. Stewart is an architect in Bozeman. Thanks staff for receptiveness in working on UDC. Thought workshops with staff were productive. Says staff asked them for specific changes to Article 5. The architect community submitted proposals to staff on Nov 4. Mr. Stewart says the design community wants to help in any way possible and are willing to be available for meetings and to answer questions. F. Action Items 1. 06:14:52 PM (00:13:54) Session Continued from November 13, 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)  The commission continued with amendments to Article 3. Discussion Mayor Taylor noted that staff had provided a memo with proposed amendments based on public comments. Mayor Taylor said he would like to do staff amendments first and then return to commission amendments. Cr. Mehl clarified that they were referencing the staff memo from November 9, 2017, which included global changes and changes to Articles 3, 4, and 5. 39 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 3 of 24 Amendment to the Motion to approve the two global changes from the staff memo [Replace the word “plex” with “unit”. For example: Duplex becomes two-unit. Triplex becomes three-unit. Fourplex becomes four-unit] [Replace “condominium” throughout the code with language that is consistent with the Montana Unit Ownership Act.] Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Discussion Cr. Mehl says this is just housekeeping. Cr. Pomeroy asked if the purpose of the “-plex” change makes the document easier to understand. Cr. Krauss confirmed what the two global changes in question were. Vote on the Amendment to the Motion to approve the two global changes from the staff memo [Replace the word “plex” with “unit”. For example: Duplex becomes two-unit. Triplex becomes three- unit. Fourplex becomes four-unit] [Replace “condominium” throughout the code with language that is consistent with the Montana Unit Ownership Act.] The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve Amendment to the Motion to approve the article 3 change to change “private garages” to “individual garage”. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Discussion Cr. Mehl stated this is more housekeeping and keeps the language consistent throughout the document. Vote on the Amendment to the Motion to approve the article 3 change to change “private garages” to “individual garage”. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent 40 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 4 of 24 Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve Amendment to the Motion to change height from 28 feet to 38 feet in 38.320.060.B.2.a. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Discussion Mayor Taylor wants to propose changing the setback from 5 feet to 10 feet. Feels 5 feet is very close for having a 38 feet wall go up. Asks that someone else make that amendment if others are interested. Mayor Taylor asked staff to explain how the changes in building height could potentially impact setbacks. Said he wanted to maintain 45 degree angle by increasing the setback. Cr. Mehl asked what Mayor Taylor was wanting to change. Cr. Pomeroy asked Mayor Taylor which transitions he was concerned about specifically and if this would have applied to the Black/Olive project. Cr. Krauss mentioned that the downtown business center asked to raise the building height to 40 feet. Cr. Mehl asked staff why 38.320.060.B.2.b is referring to different districts than 38.320.060.B.2.a, and how that will work in practice. Vote on the Amendment to the Motion to change height from 28 feet to 38 feet in 38.320.060.B.2.a. The motion passed 3-1. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Disapprove Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve Amendment to the Motion to amend section 38.320.060.B.2.a to read, “…From a height of 38 feet and a ten foot setback…” Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Discussion Cr. Krauss asked which zone transitions this change would apply to. Cr. Mehl confirmed that the amendment as currently presented would apply to all high-intensity/low- intensity transitions. 41 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 5 of 24 Mayor Taylor said he was trying to just get a little bigger setback when a 38ft wall is going up. Cr. Pomeroy asked to clarify if they were trying to make changes to the building heights. Mayor Taylor said that the height was already voted on and that they were voting for changing the setbacks. Mayor Taylor mentioned that Cr. Krauss might be inclined to vote for the setback change if the height was changed to 44 feet. Cr. Krauss explained that the 44 feet change was at the request of the Downtown Business Center because they felt it made three stories easier to pull off. Mayor Taylor said that he preferred the amendment as it currently is, but would be willing to support changing the height to 44 feet if it meant that the setback was changed to 10 feet. Cr. Mehl asked what the benefit would be of changing the building height from 38 feet to 44 feet. Cr. Krauss explained that it was related to how a downtown three-story building would have to look, with the first floor would have to be a little taller to handle ducting, etc. Cr. Pomeroy asked Downtown Business Association Director Chris Naumman his opinion on changing the building height to 44 feet. Naumman felt that a strict 38 feet limit could eliminate some three-story options. Cr. Pomeroy asked what Naumman thought about the setback change from 5 feet to 10 feet. Naumman felt both distances were workable and would defer to staff. Cr. Pomeroy asked the staff for their opinions on changing the setback from 5 feet to 10 feet. Tom Rogers indicated that the staff was neutral on the subject. Chris Saunders explained the history behind the decision to implement the 5 feet setback. Cr. Pomeroy said that she would support the 44 feet height but only a 5 feet setback in B3 zoning. Mayor Taylor explained that this change is only applicable to the transition between zones, and not within the zones themselves. 6:42 PM Recess Mayor Taylor called the Commission into recess until 6:47 PM. 06:48:13 PM (00:47:15) Call to Order Mayor Taylor called the Commission back to order at 6:48 PM. 06:48:15 PM (00:47:17) Discussion Discussion continues on the amendment. 06:48:25 PM (00:47:27) Friendly Amendment to the Amendment to change the language from “38 feet” to “up to 3 stories or 40 feet, whichever is greater”. 06:49:36 PM (00:48:38) Discussion Cr. Krauss confirmed that this is only on the transition between the zones. 06:50:55 PM (00:49:57) Vote on the Amendment to the Motion as Amended to amend section 38.320.060.B.2.a to read, “…From a height of up two 3 stories or 40 feet, whichever is greater, and a ten foot setback…” The motion passed 4-0. 42 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 6 of 24 Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 06:51:07 PM (00:50:09) Discussion Cr. Mehl asked staff to explain the purpose of the fourth proposed amendment from the staff memo. He also asked how this change improves the UDC. 06:55:01 PM (00:54:03) Amendment to the Motion to make the staff recommendations clarifying the principles and standards for residential garages that will modify or delete the following provisions: 38.360.210, 38.360.240, 38.350.050 [encompassing: A. General requirements in the proposed code: a. Garages are allowed, although not required, in all zoning districts. b. Ground floor individual garages facing the street are not permitted in the B-3 District. c. No change to the dimensional parking standards. d. No change to the number of parking spaces required. e. Parking is permitted in side and rear setbacks and in the middle of your lot. f. Parking is not allowed in a front setback. However, if an internal garage space meets minimum size requirements, then surface parking is permitted in front of the garage door. g. Required parking may be met by providing on-street, alley, structured, off-site, internal garages, or surface parking. h. Driveway widths are limited in current code and the proposed code. B. Proposed residential garage standards: a. All garage entrances facing the street must be at least four (4) feet behind the front façade of the structure. Garage entrance may be tucked under building. b. Allow front porches (covered and uncovered) to encroach five (5) feet into the front setback. c. Garage doors for detached single-household dwellings are allowed to face the street. i. If garage door is more than 10 feet wide it must comprise less than 50 percent of the width of the ground-level façade facing the street. ii. There is no restriction to the number of garage doors allowed, only the proportion of front façade. d. Garage door standards for townhouses / rowhouses of two to four attached units: same as detached single-household dwellings. Different standards apply to apartment buildings and townhouse / rowhouses of 5 or more attached units. To implement this proposal the following code provisions will be modified and/or deleted. 38.360.210.C (page 264) 38.360.240.B (page 268) 38.350.050.A (page 228)]. 43 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 7 of 24 Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 06:55:22 PM (00:54:24) Discussion Cr. Mehl will support the amendment as it provides more flexibility to builders and architects. Cr. Pomeroy will also support the amendment due to the additional flexibility. Cr. Krauss thinks the new rules for garage size works. He stated building over the garage will help enable more affordable housing. He is also in favor of the amendment. 06:57:43 PM (00:56:45) Vote on the Amendment to the Motion to make the staff recommendations clarifying the principles and standards for residential garages that will modify or delete the following provisions: 38.360.210, 38.360.240, 38.350.050 [encompassing: A. General requirements in the proposed code: a. Garages are allowed, although not required, in all zoning districts. b. Ground floor individual garages facing the street are not permitted in the B-3 District. c. No change to the dimensional parking standards. d. No change to the number of parking spaces required. e. Parking is permitted in side and rear setbacks and in the middle of your lot. f. Parking is not allowed in a front setback. However, if an internal garage space meets minimum size requirements, then surface parking is permitted in front of the garage door. g. Required parking may be met by providing on-street, alley, structured, off-site, internal garages, or surface parking. h. Driveway widths are limited in current code and the proposed code. B. Proposed residential garage standards: a. All garage entrances facing the street must be at least four (4) feet behind the front façade of the structure. Garage entrance may be tucked under building. b. Allow front porches (covered and uncovered) to encroach five (5) feet into the front setback. c. Garage doors for detached single-household dwellings are allowed to face the street. i. If garage door is more than 10 feet wide it must comprise less than 50 percent of the width of the ground-level façade facing the street. ii. There is no restriction to the number of garage doors allowed, only the proportion of front façade. d. Garage door standards for townhouses / rowhouses of two to four attached units: same as detached single-household dwellings. Different standards apply to apartment buildings and townhouse / rowhouses of 5 or more attached units. To implement this proposal the following code provisions will be modified and/or deleted. 38.360.210.C (page 264) 38.360.240.B (page 268) 38.350.050.A (page 228)]. The motion passed 4-0. 44 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 8 of 24 Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 06:58:15 PM (00:57:17) Amendment to the Motion to add to 38.360.240,2(c) to state, “Individual garages facing the street are not allowed for townhouse or rowhouse dwellings in the B-3 District.” Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 06:58:30 PM (00:57:32) Discussion Cr. Mehl is neutral on the topic and wants to see if other commissioners feel strongly about the topic. Cr. Krauss will vote no. Mayor Taylor will support because it is a staff suggestion, but is neutral on topic as well. Expects to pass motion and then make amendments to that. Asked staff to explain their reasoning behind the recommended amendment. Cr. Krauss referenced a project that has garage doors directly on the street and asked staff to confirm if this amendment would block it. Cr. Pomeroy asked staff if this eliminated some flexibility. Mayor Taylor will support the motion in light of some of the curb cut and safety issues. Cr. Pomeroy discussed the fact that the city is growing and that she will not support the motion. 07:05:22 PM (01:04:24) Vote on the Amendment to the Motion to add to 38.360.240,2(c) to state, “Individual garages facing the street are not allowed for townhouse or rowhouse dwellings in the B-3 District.” The Motion tied 2-2. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Chris Mehl: Approve 07:05:54 PM (01:04:56) Amendment to the Motion to revise 38.360.240.B.2 to say, “see 38.360.210.C for garage standards.” 45 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 9 of 24 Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 07:06:13 PM (01:05:15) Discussion Cr. Mehl asked staff to explain the purpose of the amendment. Cr. Mehl asked staff if the headline of 38.360.210 would be adjusted to match the amendment. Cr. Pomeroy asked if this amendment was in reference to sharing houses. Cr. Mehl feels it is a good amendment as it allows some flexibility 07:10:29 PM (01:09:31) Vote on the Amendment to the Motion to revise 38.360.240.B.2 to say, “see 38.360.210.C for garage standards.” The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 07:10:47 PM (01:09:49) Amendment to the Motion to delete section 38.360.110.(1)(f). Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 07:10:57 PM (01:09:59) Discussion Cr. Mehl said that the commission at a previous meeting had discussed cottage housing, and this amendment fits with what they discussed. ACA Stambaugh said that this motion was outside the scope of the notice. They can vote on it during this meeting, but it would have to be set aside to be looked at later. 07:11:55 PM (01:10:57) Vote on the Amendment to the Motion to delete section 38.360.110.(1)(f). The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 46 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 10 of 24 07:12:22 PM (01:11:24) Amendment to the Motion to revise 38.360.210.1 to say, “Where lots abut an alley, it is encouraged that the garage or off-street parking area take access from the alley. It may be necessary to take access from alley to meet another standard in the municipal code.” Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 07:12:50 PM (01:11:52) Discussion Cr. Mehl said that they like utilizing alleys and this amendment continues to allow that. Cr. Krauss likes encouraging alleys. 07:13:10 PM (01:12:12) Vote on the Amendment to the Motion to revise 38.360.210.1 to say, “Where lots abut an alley, it is encouraged that the garage or off-street parking area take access from the alley. It may be necessary to take access from alley to meet another standard in the municipal code.” Motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 07:13:56 PM (01:12:58) Amendment to the Motion to modify section 38.340.050.D to strike the language as it is in the staff report and then in section 38.340.050.E to add language furthering the clarification of when the zoning standards control over adopted guidelines. [Encompassing: Section 38.340.050.D. When applying the standards of subsections A through C of this section, the review authority must be guided by the design guidelines for the neighborhood conservation overlay district which are hereby incorporated by this reference. Application of the design guidelines may vary by property as explained in the introduction to the design guidelines. When reviewing a contemporary, non-period, or innovative design for new structures or additions to existing structures, the review authority must be guided by the design guidelines for the neighborhood conservation overlay district to determine whether the proposal is compatible with any existing or surrounding structures. Section 38.340.050.E Conformance with other applicable development standards of this chapter. Development in the NCOD must comply with all other applicable development standards of this chapter. [Delete the language proposed in the July 28, 2017 draft: Where there is a conflict between the neighborhood conservation overlay district design guidelines and other development standards in 47 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 11 of 24 this chapter, the neighborhood conservation overlay district design guidelines take precedence, as determined by the reviewing authority.] ]. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 07:14:22 PM (01:13:24) Discussion Cr. Mehl said that this had been discussed previously and seems straightforward. Cr. Krauss said he put some time into the beginning of this chapter to decide what exactly zoning is. Said it is about consistency. Mayor Taylor agrees that an ordinance should take precedence over something lesser, including guidelines. This amendment makes that clear and makes things more predictable. Cr. Krauss says problems have arisen when areas of town are zoned one way, and then people are prevented from building in ways that fit that zoning. Cr. Krauss says it is important to establish the hierarchy of what rules take precedence. 07:17:41 PM (01:16:43) Vote on the Amendment to the Motion to modify section 38.340.050.D to strike the language as it is in the staff report and then in section 38.340.050.E to add language furthering the clarification of when the zoning standards control over adopted guidelines. [Encompassing: Section 38.340.050.D. When applying the standards of subsections A through C of this section, the review authority must be guided by the design guidelines for the neighborhood conservation overlay district which are hereby incorporated by this reference. Application of the design guidelines may vary by property as explained in the introduction to the design guidelines. When reviewing a contemporary, non-period, or innovative design for new structures or additions to existing structures, the review authority must be guided by the design guidelines for the neighborhood conservation overlay district to determine whether the proposal is compatible with any existing or surrounding structures. Section 38.340.050.E Conformance with other applicable development standards of this chapter. Development in the NCOD must comply with all other applicable development standards of this chapter. [Delete the language proposed in the July 28, 2017 draft: Where there is a conflict between the neighborhood conservation overlay district design guidelines and other development standards in this chapter, the neighborhood conservation overlay district design guidelines take precedence, as determined by the reviewing authority.] ]. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve 48 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 12 of 24 Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 07:18:11 PM (01:17:13) Amendment to the Motion to amend Table 38.320.030 to add an R-S minimum density. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 07:18:42 PM (01:17:44) Vote on the Amendment to the Motion to amend Table 38.320.030 to add an R-S minimum density. The motion passed 3-1. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 07:19:31 PM (01:18:33) Amendment to the Motion to change footnote as described in staff memo [encompassing: Change footnotes in Table 38.310.040.B to allow residential in the B-3 if five or more units; if less than 5 units, residential must be on second and subsequent floors. Ensure minimum retail depth when residential use is allowed on ground floor.] Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 07:19:40 PM (01:18:42) Vote on the Amendment to the Motion to change footnote as described in staff memo [encompassing: Change footnotes in Table 38.310.040.B to allow residential in the B-3 if five or more units; if less than 5 units, residential must be on second and subsequent floors. Ensure minimum retail depth when residential use is allowed on ground floor.] The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 07:19:50 PM (01:18:52) Discussion 49 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 13 of 24 Cr. Mehl asked staff about a note in the staff memo regarding the necessity of a proposed amendment. He asked what the proposed change would be. 07:22:33 PM (01:21:35) Amendment to the Motion to delete footnote #6 under Table 38.310.040.B. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 07:22:40 PM (01:21:42) Vote on the Amendment to the Motion to delete footnote #6 under Table 38.310.040.B. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 07:22:53 PM (01:21:55) Amendment to the Motion to delete footnote #7 under Table 38.310.040.B. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 07:23:05 PM (01:22:07) Vote on the Amendment to the Motion to delete footnote #7 under Table 38.310.040.B. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 07:23:16 PM (01:22:18) Amendment to the Motion on Table 38.320.030 to delete footnotes #3 and #7. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 07:23:27 PM (01:22:29) Vote on the Amendment to the Motion on Table 38.320.030 to delete footnotes #3 and #7. The motion passed 4-0. 50 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 14 of 24 Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 07:24:01 PM (01:23:03) Amendment to the Motion to add language to Residential suburban district (R- S) 38.300.100, “The R-S residential suburban district is not available for newly created subdivisions, undeveloped land or any land annexed into the city on or after January 1, 2018. All new sSubdivision and site plan developments in this district shall be subject to the provisions of division 38.430article 20 of this chapter, pertaining to planned unit development, and shall be developed in compliance with the adopted city growth policy.” As recommended by staff. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 07:24:43 PM (01:23:45) Discussion Cr. Krauss thinks that as the city moves to an urban standard, there will be neighbors in the county or on small lots arguing for the lowest possible zoning. Cr. Krauss does not think they should compound the issue by leaving R-S as an option. Mayor Taylor raised concerns about fully surrounded county pockets being forcibly annexed into the city. Mayor Taylor would like those pockets to volunteer to be annexed, and worries that abolishing R-S within city limits would discourage them from volunteering to annex. Cr. Krauss says the answer to the Mayor’s concerns is the fact that the non-annexed properties do not have a city zoning yet. They may be R-S in the county, but they would need to receive a city zoning upon annexation. Properties don’t get to keep their county zoning. Cr. Mehl asked if there was a reason that staff worded the proposed amendment the way they did. Cr Pomeroy sees the Mayor’s point, but agrees with Cr. Krauss. Annexed individuals should follow city rules. 07:30:04 PM (01:29:06) Vote on the Amendment to the Motion to add language to Residential suburban district (R-S) 38.300.100, “The R-S residential suburban district is not available for newly created subdivisions, undeveloped land or any land annexed into the city on or after January 1, 2018. All new sSubdivision and site plan developments in this district shall be subject to the provisions of division 38.430article 20 of this chapter, pertaining to planned unit development, and shall be developed in compliance with the adopted city growth policy.” As recommended by staff. The motion passed 3-1. 51 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 15 of 24 Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Disapprove Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 07:30:42 PM (01:29:44) Amendment to the Motion to change 38.360.030.1.3 to 38.360.030.1.3 and 38.360.030.1.4, with 38.360.030.1.3 saying, “Accessory structures greater than 600 feet may not be located in any required front, rear, or sideyard setback when no alley is present and must provide adequate backup maneuverability for required parking spaces,” and 38.360.030.1.4 saying, “Accessory structures greater than 600 feet may be located in required rear setbacks when an alley is present and must provide adequate backup maneuverability for required parking spaces.” Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 07:32:33 PM (01:31:35) Discussion Cr. Krauss said that this proposal came from a letter from Robert J. Pertzborn. Cr. Krauss says it does not make much sense to move 20 feet from the alley and then another 20 feet of concrete into the garage of the ADU rather than just putting it 5 feet away. Mayor Taylor asked Cr. Krauss if the maneuverability standards are just above the amended section. Mayor Taylor thinks this makes sense. Alleys provide a unique problem. Visibility and maneuverability is a bigger issue to him than the location of the setback. May Taylor will support the amendment. 07:35:02 PM (01:34:04) Vote on the Amendment to the Motion to change 38.360.030.1.3 to 38.360.030.1.3 and 38.360.030.1.4, with 38.360.030.1.3 saying, “Accessory structures greater than 600 feet may not be located in any required front, rear, or sideyard setback when no alley is present and must provide adequate backup maneuverability for required parking spaces,” and 38.360.030.1.4 saying, “Accessory structures greater than 600 feet may be located in required rear setbacks when an alley is present and must provide adequate backup maneuverability for required parking spaces.” The motion passed 4-0. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 52 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 16 of 24 07:35:54 PM (01:34:56) Amendment to the Motion to reduce the minimum lot area per dwelling requirement from 5000 square feet to 4000 square feet in R-2 and R-O in Table 38.320.030. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 07:36:19 PM (01:35:21) Discussion Cr. Krauss Thinks 4000 square feet is plenty of room for a single household dwelling. Cr. Mehl wanted to point out the footnote regarding corner lots. Cr. Mehl agrees with the motion. Mayor Taylor asked the staff’s opinion on the proposed change. 07:37:17 PM (01:36:19) Vote on the Amendment to the Motion to reduce the minimum lot area per dwelling requirement from 5000 square feet to 4000 square feet in R-2 and R-O in Table 38.320.030. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 07:37:35 PM (01:36:37) Discussion Cr. Krauss asked staff why they require 5000 square feet per dwelling in RMH, rather than a smaller lot size. Cr. Mehl asked the staff if there would be any harm in lowering the minimum size for RMH zone. 07:40:01 PM (01:39:03) Amendment to the Motion to change the minimum lot size per dwelling for single household dwellings in RMH to 3000 square feet. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 07:40:18 PM (01:39:20) Discussion Cr. Krauss was not entirely clear on the explanation from staff, but he felt that most trailer parks would fit within 3000 square feet. Cr. Krauss does not feel the larger requirement is a good fit for what RMH is meant for. Cr. Krauss feels that 5000 feet is too large of a minimum. Cr. Pomeroy agrees with Cr. Krauss. Cr. Mehl supports the amendment, but wanted to clarify that they are not changing what they see as necessary for public safety. 53 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 17 of 24 Mayor Taylor will vote for the amendment, but his main concern is that people will look at the new smaller requirement but won’t look at the safety-related footnote. Cr. Krauss said that there is the potential of having to annex in non-conforming trailer parks, even at the lowered requirement. 07:43:24 PM (01:42:26) Vote to Amendment to the Motion to change the minimum lot size per dwelling for single household dwellings in RMH to 3000 square feet. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 07:44:24 PM (01:43:26) Amendment to the Motion to change R-2 to 0.75, R-3 to 1.0, R-4 and R-O as 1.5 as maximum floor area ratios. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 07:44:39 PM (01:43:41) Discussion Cr. Krauss says this is another urban density issue. He feels there are enough provisions to protect from these changed ratios being taken advantage of. Mayor Taylor commented that this will make things more dense, and asked staff opinion on the proposed change. Cr. Mehl said staff made a case that it might be hard to reach a ratio that high. Cr. Pomeroy said they’ve been pushing higher densities, so she will be supporting this. Cr. Mehl asked Cr. Krauss if this would change the heights for various zoning setbacks. 07:47:14 PM (01:46:16) Vote to Amendment to the Motion to change R-2 to 0.75, R-3 to 1.0, R-4 and R- O as 1.5 as maximum floor area ratios. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 54 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 18 of 24 07:47:30 PM (01:46:32) Discussion Cr. Pomeroy asked staff about ADU’s being subordinate to the principal structure. Cr. Pomeroy expressed interest in making changes so ADU’s over garages can be taller than the main house. She says it is an affordability issue. 07:49:55 PM (01:48:57) Point of Clarification Senior Planner Tom Rogers asked Cr. Pomeroy if she was referring to accessory structures or ADU’s specifically. Cr. Pomeroy asked Rogers to explain the difference. Rogers clarified that detached accessory structures cannot be taller than the main house, but attached accessory structures can be. Cr. Pomeroy said that she wanted to make changes regarding all accessory structures. Staff expressed concerns about making a sweeping change regarding the height of all accessory structures. 07:53:52 PM (01:52:54) Discussion Cr. Krauss understands the staff’s use of height as the determining factor for if an accessory structure is subordinate to the main house. However, he is concerned that this rule precludes owners of single-story homes from doing what people who can afford to build taller homes are allowed to. Asked staff to respond to that concern. Cr. Mehl says that some neighborhoods have had their characters change because of large accessory units being developed. Would be interested in seeing what the staff proposes. Mayor Taylor thinks that, as a general rule, some sacrifices need to be made when it comes to creating more housing. He is in favor of being able to create new housing units and ADU’s. Cr. Krauss commented that the rules for accessory structures not being taller than the main house only applies to detached structures. Attached structures can be taller than the main house. He wonders if they are incentivizing people to attach structures rather than detach. 08:01:11 PM (02:00:13) Amendment to the Motion to add transitional emergency housing as a “C” or conditional use in all zoning districts. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 08:01:42 PM (02:00:44) Discussion Mayor Taylor says this amendment has been proposed by a number of groups. Mayor Taylor says that the right place for transitional housing may not be in a specific zone. He wanted to be able to grant a Conditional Use Permit in any zone. Cr. Mehl says there is a problem with the fact that they do not have a definition of transitional and emergency housing. Mayor Taylor says he wanted staff to define it what transitional and emergency housing would be. Cr. Mehl wants a specific definition for what length of time would constitute transitional. Mehl asked to wait for staff recommendations before voting on the motion. Cr. Pomeroy says that HRDC already has a definition for what transitional means 55 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 19 of 24 Cr. Mehl asked if they would be allowed to do something like build 8-block units in R-1, or if the underlying zoning rules would prevail. Cr. Krauss asked how this would affect their rules about no more than 4 non-related adults living together in a house. Cr. Krauss is concerned about creating scenarios where something is OK if you’re rich/poor, but not the other way around. Mayor Taylor mentioned that we already have group housing. He feels that the Conditional Use Permit would deal with where the housing would go and how it would fit in. Mayor Taylor says this is primarily aimed at getting this housing in M-1 and M-2 instead of R-1 and R-2. Cr. Krauss says he does not support the amendment as proposed. Cr. Krauss also says that he says that state law also trumps them regarding the number of people living together. Cr. Krauss has no problem allowing it in some commercial and residential zones, but isn’t comfortable with allowing it to be applied anywhere. Cr. Mehl asked staff how we get around these issues with the homeless shelter. Cr. Mehl feels there is a need for this, but wants to have some questions answered first. Cr. Krauss says many of them have lived in dorm rooms before, and that’s what he was envisioning when transitional housing is talked about. Mayor Taylor says he would be happy to leave this amendment with the staff to give them a chance to come up with a proposal. He says he would want to find a place within the city where this would work. Cr. Pomeroy asked staff about the tiny houses HRDC was interested in doing. Amendment still on the floor. 08:14:05 PM (02:13:07) Amendment to the Motion to add a phrase to paragraph 1 in section 38.340.090.C after the existing “The property’s historic significance” add, “and the neighborhood’s historic significance.” Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 08:14:22 PM (02:13:24) Discussion Cr. Krauss asked Mayor Taylor what the amendment specifically entailed. Mayor Taylor said that when they are looking at whether or not to tear something down, they should look at the property’s connection to the neighborhood’s historic nature. It is a broader view to look at when determining when to demolish a structure. Mayor Taylor invited staff to comment on the amendment. Mayor Taylor asked if this amendment would exist with paragraph 3 where it’s currently proposed, or if the amendment’s wording would help paragraph 3 more. Cr. Krauss said he interpreted the amendment as saying that you can’t tear a structure down based on what historic district it’s in. Mayor Taylor said he appreciated the idea of fitting the amendment into paragraph 3. Cr. Mehl asked how this amendment being appended to paragraph 3 would actually benefit the UDC section. 56 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 20 of 24 Mayor Taylor says the proposal to attach the amendment to paragraph 3 adds the neighborhood’s historic significance as a consideration when a developer goes to build a new structure on torn down lot. Cr. Mehl asked staff if this belongs in the COA standards. Cr. Krauss thought this was supposed to be about the decision to tear a structure down. Cr. Mehl asked if this was changing the standards for demolition. Mayor Taylor says that the goal is to get developers to look at what they plan to put in as well as what they plan to tear down. Cr. Mehl asked if the addition of this amendment would change whether or not someone would be able to tear a structure down. Staff says this shouldn’t change anything. Cr. Mehl says he isn’t sure that they are keeping to the Historic Preservation Board’s intent when they proposed this change. 08:23:54 PM (02:22:56) Recess Mayor Taylor called the Commission into recess until 8:30 PM. 08:38:26 PM (02:37:28) Call to order Mayor Taylor called the Commission back to order at 8:38 PM. 08:38:40 PM (02:37:42) Discussion Mayor Taylor said that the amendment as proposed was meant to look at a historically significant building in the context of where it sits. It was proposed during the break to also add this language to section 3. What you put up in a demolished lot should fit in with its neighborhood. Cr. Mehl thought that a property’s historic significance already includes what it is and its context. He asked Mayor Taylor if he wanted the amendment changed or if he wants it withdrawn and a new one submitted. Mayor Taylor said he’d prefer for the amendment to be changed, but would accept the legislative history. Cr. Mehl wanted to confirm what Mayor Taylor intended to section 3. Cr. Mehl asked staff why this change was not already included in section 3. Mayor Taylor asked staff what minor change they would like to see made to this section. 08:45:22 PM (02:44:24) Friendly Amendment to the Amendment to the Motion to amend paragraph 3 instead of paragraph 1. Paragraph 3 will now read, “Whether the subsequent development complies with 38.340.050; and the neighborhood’s historic significance.” 08:45:48 PM (02:44:50) Discussion Cr. Krauss said he will oppose the amendment. The commission has struggled with the definition of neighborhood. He feels there is too much potential for the amendment to be very narrowly interpreted to block change. Mayor Taylor said the amendment is merely meant to broaden the decisions regarding what else is built. Urges other commissioners to vote for it. Cr. Mehl asked if the Mayor would be opposed to the amendment saying, “the immediate neighborhood.” 57 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 21 of 24 Cr. Krauss said that they still do not know what “immediate neighborhood” means. Mayor Taylor pointed out that there is a place further in the UDC that grants them the ability to make changes for the greater community good, overriding the historical significance. Gave the example of tearing down Nelson Story’s house for Willson School. Community needed a school in that case. 08:49:39 PM (02:48:41) Vote on the Amendment to the Motion as Amended to add a phrase to paragraph 3 in section 38.340.090.C after the existing “Whether the subsequent development complies with 38.340.050” to add, “; and the neighborhood’s historic significance.” The motion tied 2- 2. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Chris Mehl: Approve 08:49:57 PM (02:48:59) Amendment to the Motion to add paragraph 4 to section 38.360.040.C to add in #4 “No ADU established after December 1, 2017 in R-1 or R-S may be permitted as a short term rental.” Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 08:50:29 PM (02:49:31) Discussion Cr. Mehl asked if this is something that really belongs in the UDO. He felt this belongs in the short-term rental regulations. Mayor Taylor said the timing was meant to grandfather in any existing structures. This proposal came from the Neighborhood Association. Mayor Taylor feels that they are significantly broadening where ADU’s are allowed. His goal with the amendment was to make sure ADU’s add to available housing and affordable housing. Cr Mehl stated that they allowed ADU’s during the short-term rental discussion so long as the owner be present. Cr. Mehl asked what the difference was between allowing an ADU to act as a short-term rental versus a long-term rental. Mayor Taylor said that he felt that if they were going to allow ADU’s in more places, he wanted them to be used for long-term housing and not short-term rentals. Cr. Mehl said that they received a lot of public comment from people saying that being able to rent out an ADU would allow them to afford to live here. ACA Stambaugh said that an ADU short-term rental is a Type 2 rental, and Type 2 rentals already aren’t allowed in R-S and R-1. She feels this is redundant as this type of rental is already addressed in the short- term rental policy. 58 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 22 of 24 Mayor Taylor asked Cr. Mehl to withdraw the motion as it is redundant and unnecessary. 08:58:42 PM (02:57:44) Amendment to the Motion withdrawn. 08:59:47 PM (02:58:49) Staff Presentation on UDC Chapter 4 / Questions of Staff Senior Planner Tom Rogers gave a staff presentation on the changes to chapter 4 of the UDC. Chapter 4 relates to community design, consisting of sidewalks, roads, block lengths, etc. Backbone of the community. Most changes proposed by staff are relating to driveway and garage access. Cr. Mehl asked if any developers had requested the residential density bonus, and how that program is working. Cr. Pomeroy asked why houses only accessible via a courtyard are limited to only two stories. Cr. Pomeroy asked if she thought courtyards in the city should look similar to the courtyard shown as an example in staff’s presentation. 09:11:37 PM (03:10:38) Public comment There was no public comment. 09:12:59 PM (03:12:01) Amendment to the Motion to make it clear that the intent of the Commission was that when they previously defined garages’ intent and purpose in Article 3, it applied to the entire UDO. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 09:13:19 PM (03:12:21) Vote on the Amendment to the Motion to make it clear that the intent of the commission was that when they previously defined garages’ intent and purpose in Article 3, it applied to the entire UDO. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 09:13:34 PM (03:12:36) Discussion Cr. Mehl asked staff for clarification on a proposed changes numbers 10 and 11 in the November 9 staff memo. Cr. Krauss asked that no more extra-large boulevard be put in place, as full-sized trucks are unable to park in their driveways without jutting out into the sidewalk. 59 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 23 of 24 09:22:14 PM (03:21:16) Amendment to the Motion to change 38.430.090.E.(7)(a)(i) to read, “Five points for each percent of dwellings to be constructed in the residential development which are provided by donation to the city or non-profit community housing development organization or three points for each build-ready lot donated to the city for affordable housing provided by a residential or nonresidential development; or.” Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 09:22:43 PM (03:21:45) Friendly Amendment to the Amendment to the Motion to also change 38.430.090.E(7)(a)(ii) from one point to three points. 09:22:51 PM (03:21:53) Discussion Cr. Mehl said the commission is already incentivizing affordable housing. He feels that it’s worth the effort. He wants developers to work for the 20 points, but he wants to help give them a running start. 09:24:16 PM (03:23:18) Vote on the Amendment to the Motion as Amended to change 38.430.090.E.(7)(a)(i) to read, “Five points for each percent of dwellings to be constructed in the residential development which are provided by donation to the city or non-profit community housing development organization or three points for each build-ready lot donated to the city for affordable housing provided by a residential or nonresidential development; or” and to change 38.430.090.E.(7)(a)(ii) from one point to three points. The motion passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Absent Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 09:24:42 PM (03:23:44) Discussion Mayor Taylor discussed the process moving forward. Mayor asked if everyone was comfortable with moving forward to Article 5. Mayor Taylor asked the commission and staff about their thoughts on the timetable going forward. CM Surratt proposed December 5th, 6th, or 7th as feasible special meeting options for the staff. She listed some possible options for timetables regarding passage of the entire UDC. Mayor Taylor proposed possibly wrapping up articles 1-4 in December, and then leaving Article 5 for the next commission. Cr. Krauss wasn’t sure that it made sense to vote on article 5 as-is, knowing that they were going to change it dramatically later. 60 Bozeman City Commission Special Meeting DRAFT MINUTES, November 15, 2017 Page 24 of 24 Cr. Mehl clarified that he thought they’d just be finalizing 1-4, but would leave chapter 5 and final adoption to the next commission. Mayor Taylor said that he was envisioning that they would do final adoption of articles 1-4 with the current commission. The downside is the lack of the ultimate coordination between the articles. Cr. Mehl asked what Monday meetings in December are set aside specifically for the UDC. Mayor Taylor said that they should tentatively schedule a meeting for December 5th, 6th, or 7th that can be canceled if it’s not needed. December 7th was chosen by the commission and staff. CM Surratt confirmed that the current plan was to work on the UDC on December 4th, and then they would start 5pm on December 7th. December 18th would be available for continuation of the December 7th meeting. 09:49:51 PM (03:48:53) Session Continued Mayor Taylor continued this session to November 27, 2017. G. 09:50:08 PM (03:49:09) FYI/Discussion H. 09:50:11 PM (03:49:13) Adjournment Mayor Taylor adjourned the meeting at 9:50 PM. 61 Page 1 of 18 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, November 20, 2017 Mayor - Carson Taylor: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - Jeff Krauss: Present (LATE – arrived at 5:50 pm) Commissioner - I-Ho Pomeroy: Present Commissioner - Chris Mehl: Present Staff Present at Dais: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, Deputy City Clerk Brenda Sweeney A. 05:01:53 PM (00:01:13) Call to Order – EARLY START TIME - 5:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 5:01 PM. B. 05:02:01 PM (00:01:21) Pledge of Allegiance and a Moment of Silence C. 05:03:17 PM (00:02:37) Changes to the Agenda There were no changes to the agenda. D. 05:03:24 PM (00:02:44) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Approve an On-Premises Beer and Wine License for ALA, Inc. for Calendar Year 2017 (Maas)  3. Adopt the Tree Maintenance Fund (Forestry) Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Donald)  4. Adopt the Solid Waste Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Donald)  5. Adopt the Stormwater Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Donald)  6. Approve the Sub-Grantee Acceptance of Edward Byrne Memorial Justice Assistance Grant Funds for the Missouri River Drug Task Force (Crawford)  62 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 2 of 18 7. Approve the Final Plat for the Yellowstone Theological Institute Minor Subdivision, Located East of the Intersection of 19th Avenue and Graf Street, Application 17050 (Quasi-Judicial) (Pope)  8. Authorize the City Manager to Sign the First Addendum to the Professional Services Agreements with HDR Engineering, Inc. and DOWL, LLC for Stormwater Infrastructure Engineering Services (Mehrens)  05:04:03 PM (00:03:23) City Manager Overview CM Surratt provided a brief overview of Consent Items 1-8. 05:07:11 PM (00:06:31) Public Comment Mayor Taylor opened public comment on Consent Items 1-8. There was no public comment. 05:07:23 PM (00:06:43) Motion and Vote to approve Consent Items 1-8 as submitted. 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: Absent Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve E. 05:07:40 PM (00:07:00) Public Comment Mayor Taylor opened public comment on non-agenda items. 05:08:51 PM (00:08:11) Chris Budeski, Public Comment Mr. Budeski, with Madison Engineering, thanked the Commission on behalf of Karen Gilhousen, faculty, staff and students of the Yellowstone Theological Institute, as well as the design team, for their help and support during the preparation and review of the final plat just approved. F. 05:09:44 PM (00:09:04) Special Presentation 1. 05:09:53 PM (00:09:13) Police Department Staffing Study Presentation (Crawford) 05:09:56 PM (00:09:16) Staff Presentation Police Chief Steve Crawford introduced the staff presentation which gives the findings of a staffing analysis conducted this summer in conjunction with a consultant. He introduced Tim Freesmeyer, Principal Instructor and Researcher, Etico Solutions Inc., who presented his background with assisting police forces with staffing procedures. Police Chief Crawford gave the staffing analysis presentation. He talked about currently authorized staffing levels. He gave the perspective on the 63 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 3 of 18 Bozeman population since 2007 and talked about background, variables and reviewed 2017 study objectives. Mr. Freesmeyer talked about the Patrol Allocation Manual (PAM) model. Police Chief Crawford talked about findings of primary responding officers needed and recommended levels to account for first line supervision. He talked about schedule optimization with regard to call load based on time of day and improved scheduling. Mr. Freesmeyer further talked about call shifts in the database and how they were broken out. Police Chief Crawford reviewed non-sworn staffing numbers and findings. 05:36:45 PM (00:36:04) Questions of Staff DM Andrus asked about response time with regard to things that haven’t happened yet and how that gets factored into this response. Cr. Pomeroy asked about the impact of the dedicated mill levy in 2007. Cr. Mehl asked about a disaster plan. He asked about a project for school resource officers. He asked about animal control. He asked about how we compare with other agencies. He asked what the increase is in five years regarding the number of staff. Mayor Taylor asked about the number of sworn officers and talked about the number we’ve tried to hire and what the barriers are in doing so. G. 05:50:18 PM (00:49:38) Action Items 1. 05:50:24 PM (00:49:44) Decision on Direction to Research the Appropriateness of Creating New Residential Parking Permit Districts, and Consideration of Whether New Residential Parking Districts Should be Created Along the Northern and Southern Boundaries of the Downtown B-3 Area (Meece)  Commissioner Krauss arrived to the Commission meeting. 05:50:56 PM (00:50:16) Staff Presentation ACM Chuck Winn provided the outline of the presentation which includes the history of the Downtown Strategic Parking Management Plan. He pointed out staff is hoping to get some direction from the Commission about specifically researching the needs for new residential parking districts either to the north or south of downtown. Mr. Winn further explained that the plan identified a gap in utilization of on-street parking in the downtown core area and the Parking Commission contracted with Western Transportation Institute (WTI) for a downtown inventory and occupancy study. Parking Program Manager Ed Meece outlined how the current parking districts operate. He reviewed the Bozeman Municipal Code procedure for the establishment of a residential on-street parking permit regulation program. He stated the recommendation from staff is to direct CM Surratt, or her designee, to work with the Parking Commission to research and determine the appropriateness of creating new residential parking permit districts adjacent to the downtown B-3. 05:57:48 PM (00:57:07) Questions of Staff 64 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 4 of 18 Cr. Krauss asked if the procedures from the Bozeman Municipal Code are currently the entire procedure for forming a parking district. He asked whose authority it is to establish procedures. Cr. Pomeroy asked whether the reason that we are creating new residential parking district is that it will create new parking spaces for downtown. She talked about diagonal parking. Mayor Taylor pointed out that he asked to put this item on the agenda, and the Parking Commission did not. He further stated this discussion came out of Black/Olive project and explained the details. DM Andrus asked what other information Mr. Meece and the Parking Commission need to move forward other than a recommendation by the Commission. 06:13:24 PM (01:12:44) Public Comment Mayor Taylor opened public comment. 06:13:36 PM (01:12:56) Lisa Kirk, Public Comment Ms. Kirk talked about historic moderate density and the balance between downtown and the historic area regarding the trend toward increasing residential development downtown. 06:16:33 PM (01:15:53) David Kack, Public Comment Mr. Kack is as researcher at WTI and talked about the importance of taking a broader look at solving parking issues and how to define terms. 06:18:22 PM (01:17:42) Discussion Cr. Mehl talked about his suggestion, during the Black/Olive discussion, of having the Parking Commission study the strategy approved by the Commission in July, 2016. He pointed out this idea was meant to be proactive. He referred to Page 32 of the staff report relative to considering new and more flexible management elements in the current districts among other options. He would offer an amendment to the motion. Cr. Andrus added she has been the liaison to the Parking Commission and this is something they are interested in looking at and will begin that discussion in December. She talked about the timing of a deadline with bringing a recommendation back to the Commission. Cr. Krauss does not want to make this specific motion. He pointed out that, based on what DM Andrus stated with regard to the Parking Commission working on a strategy, he is fine with that. 06:24:17 PM (01:23:37) Motion that after listening to the staff presentation and public comment, I move to direct the City Manager to work with the Parking Commission to research the appropriateness of creating new residential parking districts or other appropriate parking strategies and to return to the City Commission with a recommendation. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 06:24:39 PM (01:23:59) Discussion Cr. Mehl thinks we’ve covered this and it’s great they’re already on their way, and go forth. 65 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 5 of 18 Cr. Pomeroy stated this action will allow City Manager Surratt to conduct the study to research options for parking downtown. She will support the motion. DM Andrus reiterated the Parking Commission is continuing to work through their strategic plan. She further stated that based on receiving various requests for parking districts, this moves the plan up on their agenda. Cr. Krauss stated if we are going to limit parking for downtown, we need come up with a supply. Mayor Taylor will vote for the motion, but his concern is that as things get built in the downtown area, that we at least be clear about long term intentions so constructors doesn’t come back and say they would have done something differently if they had known the intent. Cr. Krauss pointed out parking and demand has not always been the same in the City of Bozeman. Cr. Mehl pointed out the vote today is about process and think carefully about what is best for downtown. He sees nothing wrong with taking the time to consider this. 06:32:32 PM (01:31:52) Vote on the Motion that after listening to the staff presentation and public comment, I move to direct the City Manager to work with the Parking Commission to research the appropriateness of creating new residential parking districts or other appropriate parking strategies and to return to the City Commission with a recommendation. The motion passed 5-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 2. 06:32:53 PM (01:32:13) Starner Annexation Requesting Annexation of 2.02 Acres and Amendment to the City Zoning Map for the Establishment of a Zoning Designation of B2 “Community Business District”, Generally Located at the Southwest Corner of Reeves Road East and Campbell Road, Application 17187 (Saunders)  06:33:20 PM (01:32:40) Staff Presentation Community Development Manager Chris Saunders presented the Starner Annexation map and zoning. He pointed out the property was originally platted 20 years ago under the joint city-county planning jurisdiction, has since been transferred to the county and is currently being proposed to be brought back into the city. He reviewed the annexation criteria adopted by Resolution 4400 Section 5 of the staff report. He reviewed public comment and the recommendation by staff. 06:36:29 PM (01:35:49) Questions of staff DM Andrus asked about any impact on the CIP with regard to infrastructure improvements with this annexation. 66 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 6 of 18 06:37:48 PM (01:37:08) Applicant Presentation Chris Budeski, with Madison Engineering, is representing the applicant for the Starner Annexation and zone map amendment. He presented the annexation plans. 06:39:18 PM (01:38:38) Questions of Applicant There were no questions of the applicant. 06:39:22 PM (01:38:42) Public Comment There was no public comment. 06:39:32 PM (01:38:52) 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 17187 and move to approve the Starner Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Cynthia Andrus: 2nd 06:40:09 PM (01:39:29) Discussion Cr. Pomeroy welcomes annexation to Bozeman. DM Andrus agrees with the findings of the staff report that meets our requirements for zoning annexation and will support the motion. Cr. Krauss stated it’s preferable to have this property developed within the city. He further stated his vote will reflect the long-time policy of encouraging development on community sewer and treated water. Mayor Taylor talked about the importance of this development going on the city waste water system, which makes it an economical event to tie into it. 06:41:33 PM (01:40:53) 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 17187 and move to approve the Starner Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve 67 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 7 of 18 Commissioner - Chris Mehl: Approve 06:41:57 PM (01:41:17) 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 17187 and move to approve the Starner Zone Map Amendment, with contingencies required to complete the application processing. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Cynthia Andrus: 2nd 06:42:23 PM (01:41:43) Discussion Cr. Pomeroy agrees with findings of staff and will support the motion. DM Andrus agrees with staff findings and believes B-2 is within our growth policy and would work well in this location. 06:42:43 PM (01:42:03) 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 17187 and move to approve the Starner Zone Map Amendment, with contingencies required to complete the application processing. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 3. 06:42:58 PM (01:42:18) Flanders Mill Zone Map Amendment Requesting Amendment of the City Zoning Map to Rezone Approximately 3.79 Acres of an Existing Lot from R-3 Residential Medium Density to R-4 Residential High Density, and to Rezone Approximately 0.07 Acres of the Same Lot from R-4 Residential High Density to R-3 Residential Medium Density, Generally Located Southeast of the Intersection of East Baxter Lane and Flanders Mill Road, Application 17271 (Saunders)  06:43:29 PM (01:42:49) Staff Presentation Community Development Manager Chris Saunders presented the Flanders Mill Zone Map, which has already been annexed and was originally zoned a blend of R-3 and R-4 at the initial time. He stated it was already approved for a subdivision, and phases of that subdivision have been occurring. Mr. Saunders presented the proposed rezoning amendment. 06:46:09 PM (01:45:29) Questions of Staff 68 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 8 of 18 Cr. Pomeroy asked whether duplexes and townhouses would be built as a result of going from medium density to high density for the 3.79 acres. 06:46:51 PM (01:46:11) Applicant Presentation Scott Bechtel, with Bechtel Architects, is the planner of the project and agrees with staff findings and the Zoning Commission findings on the project. He talked about the design proposal. 06:48:03 PM (01:47:23) Question of Applicant DM Andrus asked about the reason for requesting the change. 06:49:24 PM (01:48:44) Public Comment There was no public comment. 06:49:32 PM (01:48:52) 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 17271 and move to approve the Flanders Mill zone map amendment, with contingencies required to complete the application processing. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 06:49:56 PM (01:49:16) Discussion DM Andrus stated that it appears they have met all but one of the criteria for zone map amendment and the explanation that they will be able to build units that work without dividing the lot makes sense to her. She will support the application. Cr. Mehl agrees with the staff report and analysis. Cr. Pomeroy stated this will boost the housing supply in Bozeman and will support the emotion. Cr. Krauss stated this is a zone map amendment and believes the criteria is met. He looks forward to asking appropriate questions when there is a site plan review. 06:51:14 PM (01:50:34) 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 17271 and move to approve the Flanders Mill zone map amendment, with contingencies required to complete the application processing. 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 69 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 9 of 18 Commissioner - Chris Mehl: Approve 4. 06:51:31 PM (01:50:51) A Conditional Use Permit Application to Allow the Establishment of a Cooperative Household at 4149 Clydesdale Court, Application 17469 (Quasi-Judicial) (Saunders)  06:51:47 PM (01:51:07) Staff Presentation Community Development Manager Chris Saunders presented the project and staff report. He recognized substantial public comment and commented he would attempt to address as many of those as he could throughout his presentation. He stated that all public comment has been added into the staff report and all that have come in were presented to the city commission either electronically or in print. He presented the intent statement from the R-S residential suburban district. He noted that zoning is a dynamic activity and the implementation of zoning is a legislative process. He reviewed the principal and conditional uses in the Residential Suburban District. He reviewed the cooperative household criteria. He talked about parking for residential uses and the parking requirements established for cooperative housing. He talked about the CUP review criteria and actual physical impacts of the proposal. He talked about how the site was noticed publicly. Staff believes the application meets all criteria and recommends approval to the commission. 07:10:38 PM (02:09:58) Questions of Staff Cr. Krauss talked about definition of cooperative households. He asked staff if they think five or more years is permanent enough. Cr. Mehl asked who is living there now. He asked about the size of the building, bedrooms, and parking spots. He asked about changes to the exterior of the building. Mayor Taylor asked about parking on Clydesdale Court. He asked about taking measurements for parking. 07:16:28 PM (02:15:48) Presentation by Applicant Jesse Laslovich, Meg Laslovich, Meehee Kirby, and Matt Kirby introduced themselves. Mr. Laslovich stated they are all on the deed for the property and have shared ownership. He gave the timeline of where they are now and what has happened prior to tonight. He talked about the application and approval process with the Baxter neighborhood HOA. He talked about the intentions of adding livable square footage in the basement and other improvements to keep it a single family house. 07:23:37 PM (02:22:57) Questions of the Applicant Cr. Krauss stated that conditions need to be anticipated that might need mitigation. He asked about their intentions to have religiously related meetings or activities. Mayor Taylor asked about the definition of revivals and the applicants’ intent. Cr. Pomeroy asked about the number of students attending bible studies and the possibility for carpooling. She added a question about affordable housing and whether it is affordable for one family versus two. 70 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 10 of 18 07:30:37 PM (02:29:57) Recess Mayor Taylor called the Commission into recess until 7:40 PM. 07:42:42 PM (02:42:02) Call to Order Mayor Taylor called the meeting back to order at 7:42 PM. 07:42:55 PM (02:42:15) Public Comment Mayor Taylor opened public comment. 07:43:44 PM (02:43:04) Candace Mendenhall, Public Comment Ms. Mendenhall is on the board of Baxter Meadow Phase 1. She talked about the personal letter she wrote, as well as on behalf of the board itself, and made some clarifications about the approval process. 07:47:28 PM (02:46:48) Sheila Nick, Public Comment Ms. Nick attested to the character of the applicants and believes they will have creative solutions to the students who come over. She further stated the applicants will always have the same number of students as guests in their home no matter where they live. 07:49:15 PM (02:48:35) Carla Singleton, Public Comment Ms. Singleton stated the Kirbys have been living with them until a decision is reached on cooperative housing. She talked about their character and having bible studies and study groups in their home. 07:50:46 PM (02:50:06) Jeff Farve, Public Comment Mr. Farve is a Clydesdale Court resident and residential manager of another home on Clydesdale Court. He read a letter from residents on Clydesdale Court who strongly oppose the CUP. He expressed his personal opinion as well as a builder and resident. He talked about affordable housing. 07:54:16 PM (02:53:36) Wendy Stock, Public Comment Ms. Stock is a Clydesdale Court resident and talked about all the structures she can see from her home. She talked about the current design and operation of Baxter Meadows as a mixed use neighborhood. 07:56:11 PM (02:55:31) Mary Ruthier, Public Comment Ms. Ruthier is a homeowner in Baxter Meadows West and talked about the letter she submitted to Chris Saunders and the Commission. She talked about the review of covenants for the neighborhood and R-S designation of Baxter Meadows. 07:57:56 PM (02:57:16) Paul Ruthier, Public Comment Mr. Ruthier commented on home ownership due diligence. He talked about the potential effect of all neighborhoods throughout Bozeman if the commission rules in favor of this application. 07:59:20 PM (02:58:40) Ben Sheleeney, Public Comment 71 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 11 of 18 Mr. Sheleeney is a college student and part of the group meetings in the applicant residence. He stated he wants to be respectful of the neighborhood and will do what is asked. 08:00:24 PM (02:59:44) Lisa Hedge, Public Comment Ms. Hedge lives in Baxter Meadows and talked about the two families’ track record of being good neighbors. She talked about her support of the CUP and the type of household the families are seeking. 08:01:15 PM (03:00:35) Robert Chandlis, Public Comment Mr. Chandlis spoke to the character of the families. He talked about the danger of setting a precedence of not accepting the CUP. He further spoke about the opportunity for Bozeman to see families come together and what it could look like for the future of finding affordable housing. 08:03:33 PM (03:02:53) Bob Muldowney, Public Comment Mr. Muldowney does not think this is an affordable housing solution. He talked about reasons for specific zoning districts for purposes of people choosing the density where they can afford to live. He talked about the summary and intent of the municipal code. 08:06:16 PM (03:05:36) Jennifer Farve, Public Comment Ms. Farve is a Clydesdale Court resident and attorney. She talked about a fundamental disconnect regarding what is allowed under R-S and the process for CUP. She talked about a process for applying for a multi-family dwelling versus a CUP. 08:09:31 PM (03:08:51) Rachelle Schmidt, Public Comment Ms. Schmidt is a Baxter Meadows resident and commented on the meetings that happen in the home in question, which she has also hosted in her home. She talked about the comments on hard work and doesn’t want them to be confused with the people that live there. 08:11:25 PM (03:10:45) Greg Heyes, Public Comments Mr. Heyes is a Clydesdale Court resident and met with two of the applicants. He talked about his understanding of the premise of the CUP and the zoning at the time he and his wife built their house. He talked about affordability of the neighborhood. 08:13:55 PM (03:13:15) Joshua Barkoski, Public Comment Mr. Barkoski is college student and part of the ministry the applicants operate He reiterated that knowing all the activity that would occur at the residence, he wants to be respectful and treat the neighbors with love and dignity. 08:15:18 PM (03:14:38) Kelsey Chamblis, Public Comment Ms. Chamblis stated she and her husband are former Baxter Meadows residents and have hosted similar gatherings to the applicants in the neighborhood and never heard complaints from neighbors. She talked about the freedom of inviting guests into homes and the respect of neighbors. 72 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 12 of 18 08:16:25 PM (03:15:45) Emily Kelly, Public Comment Ms. Kelly talked about the qualifications of cooperative housing being met in the future and how the city will meet them. She talked about the determination by the city of the number of cooperative homes. 08:18:41 PM (03:18:01) Zach Graham, Public Comment Mr. Graham talked about the municipal code and cooperative household definition. He reviewed the requirements for a CUP qualification and believes the applicants have met them. 08:21:23 PM (03:20:43) Applicant Rebuttal Mr. Kirby talked about the concerns of whether or not they will follow through with the conditions met. He talked about with their intent to cooperate with neighborhood requirements and parking issues as well as their desire to obey the law. He further talked about the concern of the precedent they are setting with the CUP. 08:23:45 PM (03:23:05) Questions of Staff Cr. Krauss stated a reminder that he had asked about religious services and bible meetings being held in the home, and it was answered affirmatively. He talked about the applicants’ references to their work and career path. He asked staff if they questioned the applicants’ intent on having such a large home to hold those types of meetings and wonders how that fits into their definitions. CA Sullivan responded. Mayor Taylor asked about sidewalks in the culdesac. Cr. Mehl commented it was stated that R-S is a required single household and is not by definition meant for two households. He asked for staff’s opinion of the ability to live in a community center. CA Sullivan spoke about conditional use permits. Cr. Pomeroy stated a disclosure. She stated that she and Mr. and Mrs. Kirby attend the same church, and her vote will not be effected by that situation. She asked staff if the two applicants meet all the requirements and criteria for the CUP and cooperative household. Mayor Taylor asked about the ability to run a business out of a house in certain districts. He asked who gets to judge when a given residential use with overlay of work related stuff is too much or too little. 08:36:30 PM (03:35:50) 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 17469 and move to approve the 4149 Clydesdale Court Cooperative Household conditional use permit to allow the establishment of a cooperative household with conditions and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 08:37:05 PM (03:36:25) Discussion Cr. Mehl stated that the city has not done this before. He talked about a possibility for cooperative housing existing in the code for good reason. He is generally inclined to support it but is open to more conditions. He thinks there would be noise provisions if that were an issue. He talked about monitoring for parking problems. 73 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 13 of 18 Cr. Krauss commented if this were a simple residence issue they could all agree unanimously, but given the career path he does not believe their meetings are the same as general guest use. He commented on completeness of the application. He talked about the use of a cul-de-sac and conditions that will impact public safety. He talked about conditioning the use to mitigate the problems with the uses that are different from the surrounding area. Cr. Pomeroy stated the applicant has met the criteria, and if citizens meet requirements we treat them fairly. She talked about innovative affordable housing and believes that’s what this is. DM Andrus talked about the use table and what can be built in an R-S district. She believes they meet the criteria. She talked about parking impacts. She talked about conditions for a conditional use permit. Mayor Taylor commented that this is complicated and requires ferreting out a number of issues coming into play. He talked about the HOA, parking, the interconnection with the bond and criteria #1. He talked about the testimony of property values and the use that relates to the bond regarding the study groups. He is open to a proposal around that or looking at something else that would moderate how often this particular cul-de-sac is filled with vehicles. Cr. Krauss commented the bond they have is the work they do, so it is about work and occupation in his mind. He pointed out the reason he would vote no is the work they do and the religious meetings they have is part of the work they do. He talked about conditions of the sidewalks to access the property. CM Surratt stated this applicant has two individual families and we would not be asking questions if it were not an application for a CUP. She further stated that should there be an issue related to work, it should be under a different conditional use permit. She suggested thinking differently in that way. Cr. Mehl asked CM Surratt if management is asking the Commission to kick this to staff. CA Sullivan provided clarification. Cr. Krauss reiterated comments about a statement in the CUP application by the applicants regarding the shared bond in ministering to college students. Cr. Mehl asked what the condition for noise and outside use on other CUPs. Cr. Mehl would like to put a condition in the motion as an amendment. 09:03:28 PM (04:02:48) Amendment to the Motion that it is advisory that the CUP is contingent on the applicant following the noise and outdoor construction time restraints. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 09:03:43 PM (04:03:03) Discussion Cr. Mehl stated he would leave it to staff if they want to clean up the amendment. The point is because there may be a number of meetings at the home with the implication they would be held inside, in consideration of the neighbors the noise and timing of that would be covered. Cr. Pomeroy stated it makes sense and she will support the amendment. CA Sullivan clarified the compliance clause as a condition. Cr. Pomeroy clarified they are not restricting the time guests would have to leave the residence. Mayor Taylor will support the amendment. He doesn’t see the point of restricting the noise. He would be supportive of something with parking restrictions but this is a step towards making it clear. 74 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 14 of 18 09:07:50 PM (04:07:10) Vote on the Amendment to the Motion that it is advisory that the CUP is contingent on the applicant following the noise and outdoor construction time restraints. The motion passed 5-0. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 09:08:09 PM (04:07:29) Discussion Cr. Mehl stated we have a complaint driven system. He talked about traffic and ownership in the neighborhood. He talked about parking legally and working hard to be good neighbors and talk to their commuters about what is expected of them. Overall he thinks they meet the conditions of the CUP. Cr. Pomeroy commented the she has known Mr. and Mrs. Kirby and can tell they will be good neighbors as they are such fine people individually. Mayor Taylor will vote for it. He thinks the fundamental requirements for cooperative housing have been met. He cannot easily separate what is work, social and faith. He will leave it to what happens next. 09:14:25 PM (04:13:45) 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 17469 and move to approve the 4149 Clydesdale Court Cooperative Household conditional use permit to allow the establishment of a cooperative household with conditions and subject to all applicable code provisions. It is advisory that the CUP is contingent on the applicant following the noise and outdoor construction time restraints. The motion passed 4-1. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 5. 09:15:01 PM (04:14:21) Resolution 4839, Allocation of Cash-in-Lieu of Parkland Dedication Funds to the North Black Pocket Park Project (Poissant)  09:15:22 PM (04:14:42) Staff Presentation Mitch Overton, Director of Parks and Recreation, gave an overview of the presentation on the North Black Pocket Park. He explained the Downtown Bozeman Partnership approached the Parks and 75 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 15 of 18 Recreation Department with a request to utilize cash-in-lieu of parkland dedication funds to improve a blighted property on the corner of Black and Mendenhall owned by the City. The Downtown Bozeman Partnership submitted an application for the design concept of a pocket park. Carolyn Poissant, Manager of Trails, Open Space and Parks Design and Development, presented the application. Ms. Poissant presented the site context. She talked about Municipal Code and Montana Code requirements. She talked about the Trails, Open Space and Parks (TOP) Committee plan and downtown plan relative to enhancement of public spaces. She talked about the preferred concept plan. 09:21:57 PM (04:21:17) Questions of Staff There were no questions of staff. 09:22:02 PM (04:21:22) Questions of Applicant Cr. Mehl asked Chris Naumann, Executive Director of the Downtown Bozeman Partnership and applicant, if the Downtown Partnership is committed to maintaining the park. 09:23:32 PM (04:22:52) Public Comment There was no public comment. 09:23:39 PM (04:22:59) Motion that in In consideration of all public input and materials presented to date, I hereby adopt Resolution 4839, allocating $20,000 from the cash-in-lieu of parkland dedication account for construction of improvements for the North Black Pocket Park, in accordance with the provisions of Section 38.27.030 of the Bozeman Municipal Code. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 09:24:23 PM (04:23:43) Discussion Cr. Krauss stated it will be an improvement and supports it. Cr. Pomeroy agreed it will be an improvement in amenities and support the central business core and individuals alike. She will support the motion. DM Andrus stated it meets the legal use of spending the cash-in-lieu and the use is identified in the downtown plan. She will support it. Cr. Mehl noted in the staff report that it’s targeting cash-in-lieu, and about double this amount has been raised locally for cash-in-lieu so it will go back into that area. 09:25:47 PM (04:25:07) Vote on the Motion that in In consideration of all public input and materials presented to date, I hereby adopt Resolution 4839, allocating $20,000 from the cash-in-lieu of parkland dedication account for construction of improvements for the North Black Pocket Park, in accordance with the provisions of Section 38.27.030 of the Bozeman Municipal Code. The motion passed 5-0. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 76 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 16 of 18 Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Chris Mehl: Approve 6. 09:25:59 PM (04:25:19) Human Resource Development Council (HRDC) Funding Request for up to $77,560 for General Support (Donald)  09:26:17 PM (04:25:37) Staff Presentation Finance Director Kristin Donald presented the background of the request. Ms. Donald pointed out that during the approval process for the fiscal year 2018 budget in June, the Commission earmarked funds for HRDC in the amount of $77,560. HRDC submitted a formal request for funding explaining how the funds would be handled. She stated that Heather Grenier, HRDC, is present to answer questions. 09:27:09 PM (04:26:29) Questions of Applicant Cr. Pomeroy asked Heather Grenier, from HRDC, that if they get the money will they try to use it for transportation, housing, child care, mental health, outreach and education. DM Andrus talked about federal cuts and confirmed HRDC’s inability to talk about how much they would be allocating to each identified area until they are informed of the cuts. 09:29:06 PM (04:28:26) Public Comment There was no public comment. 09:30:21 PM (04:29:41) Motion to release funding up to $77,560 from the FY18 General Fund approved budget to HRDC for general support. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Cynthia Andrus: 2nd 09:30:50 PM (04:30:10) Discussion Cr. Pomeroy stated the City has already committed to this budget and truly thanks HRDC for stepping to address those problems identified. DM Andrus will support the motion and appreciates the partnership HRDC has had with the city and their ability to work on issues the city cannot work on alone. Cr. Mehl seconded the pointed about HRDC as one of our strongest supporters of human resources. He talked about the decision to put this item in the budget. He stated the Commission will continue to ask HRDC for proof of how funds were used. Cr. Krauss commented on significant efforts in the past of the county in this regard. He recognized that without HRDC we would not have a safety net in this town. He will vote in favor. Mayor Taylor stated our community would not be the community it is without a number of organizations including HRDC. He talked about the help we get from the federal government in various 77 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 17 of 18 places and further talked about the taxes shifted to the local entity. He pointed out why the City will pick up some of the funding. Cr. Pomeroy asked Ms. Grenier whether HRDC will be able to open the warming center one more month with this funding. 09:39:45 PM (04:39:05) Public Hearing Re-Opened Mayor Taylor re-opened the public hearing. 09:39:53 PM (04:39:13) Public Comment Mayor Taylor opened public comment. 09:39:59 PM (04:39:19) Vote on the Motion to release funding up to $77,560 from the FY18 General Fund approved budget to HRDC for general support. The motion passed 5-0. Commissioner - I-Ho Pomeroy: 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 7. 09:40:18 PM (04:39:38) Human Resource Development Council (HRDC) Funding Request for up to $64,000 for Streamline Services (Donald)  09:40:31 PM (04:39:51) Staff Presentation Finance Director Kristin Donald talked about the resolution adopted on September 11, 2017, Resolution No. 4843, amending the general budget to appropriate $64,000 to Streamline Services for HRDC. She talked about the proposal submitted by HRDC and deferred to Heather Grenier, HRDC, for questions. 09:41:04 PM (04:40:24) Questions of Applicant There no were no questions of the applicant. 09:41:15 PM (04:40:35) Public Comment Mayor Taylor opened public comment. 09:41:39 PM (04:40:59) Mark Egge, Public Comment Mr. Egge talked about the many important services HRDC provides the community, one of which is transit. He talked about increasing ridership. He talked about the goals of the transportation system. 09:44:35 PM (04:43:55) Motion to release funding up to $64,000 from the FY18 General Fund approved budget to HRDC for Streamline Services. 78 Bozeman City Commission DRAFT Meeting Minutes, November 20, 2017 Page 18 of 18 Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 09:44:49 PM (04:44:09) Discussion DM Andrus stated she will support the motion and that supporting Streamline is good for the community and environment. She talked about how they will potentially be spending this money on increasing their services. Cr. Mehl talked about the frequency of Streamline services as well as the route of the service of blue line being in areas that will see impact of ridership. He pointed out we have approached the 50,000 mark and will be changing the approach of mass transit dramatically. Cr. Pomeroy pointed out every year more people use streamline buses and it’s very good for our environment. Cr. Krauss stated at some point in time he expects to see a funding model that includes the concept that people who use the service will pay for a portion of it. 09:51:40 PM (04:51:00) Vote on the Motion to release funding up to $64,000 from the FY18 General Fund approved budget to HRDC for Streamline Services. The motion passed 5-0. H. 09:51:53 PM (04:51:13) FYI/Discussion • Mayor Taylor wished everyone a Happy Thanksgiving. I. 09:52:13 PM (04:51:33) Adjournment Mayor Taylor adjourned the meeting at 9:52 PM. 79 Page 1 of 10 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, November 27, 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: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough A. 06:01:14 PM (00:04:27) 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. 06:01:23 PM (00:04:36) Pledge of Allegiance and a Moment of Silence C. 06:02:09 PM (00:05:22) Changes to the Agenda There were no changes to the agenda. D. 06:02:16 PM (00:05:29) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Adopt the Fire Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Donald)  3. Authorize the Mayor to Sign the Findings of Fact and Order for the University Crossing Minor Subdivision Preliminary Plat, Application 17396 (Quasi-Judicial) (Rogers)  4. Authorize the City Manager to Sign Amendment Number 2 to the Professional Services Agreement with Sanderson Stewart for the 2016 Capital Improvements Projects Field Survey (Gamradt)  5. Resolution 4786, Adopting the Rose Park Master Plan (Poissant)  6. Resolution 4864, Authorizing the Use of an Alternative Project Delivery Contract for a Construction Manager/General Contractor for Pre-Construction and Construction Services for the Story Mill Community Park Trails, Open Space and Parks Bond Project (Poissant)  80 Bozeman City Commission Meeting DRAFT MINUTES, November 27, 2017 Page 2 of 10 06:02:21 PM (00:05:34) City Manager Overview City Manager Surratt provided a brief overview of Consent Items 1-6. 06:03:57 PM (00:07:10) Public Comment There was no public comment. 06:04:11 PM (00:07:24) Motion and Vote to approve Consent Items 1-6 as submitted. 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 E. 06:04:26 PM (00:07:39) Public Comment Mayor Taylor opened public comment. 06:05:37 PM (00:08:50) Heidi Arneson, Public Comment Ms. Arneson asked the Commission to consider adopting the strategic plan through the strategies, but she is disappointed that the actions are separated into individual departments. 06:06:39 PM (00:09:52) Ralph Zimmer, Public Comment Mr. Zimmer asked if public comment would be allowed during the strategic plan item. 06:07:05 PM (00:10:18) Daniel R. Peterson, Public Comment Mr. Peterson discussed the results of the election. He discussed an anecdote of the former Livingston City Manager. He asked the Commission to lighten up. 06:09:37 PM (00:12:50) Eric Karshner, Public Comment Mr. Karshner, as a representative of the Historic Preservation Advisory Board, asked the Commission to amend the vision statement of the strategic plan to include historic preservation. F. 06:10:55 PM (00:14:08) Special Presentation 1. 2017 Bozeman Community Greenhouse Gas Emissions Report (Meyer)  06:11:37 PM (00:14:50) Staff Presentation Sustainability Program Manager Natalie Meyer discussed the background of the emissions report, climate change impacts in Montana, the 2011 Community Climate Action Plan reduction goal, the 81 Bozeman City Commission Meeting DRAFT MINUTES, November 27, 2017 Page 3 of 10 methodology of the emissions inventory, a summary of results, the source of Bozeman’s emissions, how growth has affected emissions, emissions sources by year, key factors mitigating emissions, commercial greenhouse gas emissions percent change from 2012 to 2016, primary sector increasing emissions (transportation), 2016 “business as usual” projected emissions, conclusions and next steps. 06:26:34 PM (00:29:47) Questions of Staff / Discussion Cr. Pomeroy asked what is in the Transportation Master Plan that could decrease greenhouse gas emissions. She asked about strategies for increasing use of public transportation. Public Works Director Craig Woolard provided additional information. Cr. Mehl asked about hydro capacity, and how/if the City will feel the hydro benefit long term. He asked about the overall change of carbon intensity. He asked how the City can go beyond the state building code in incentivizing. He asked about future goals and which could be realistically reached. He asked about comparable communities and best practices. He asked where climate change falls into this report. Cr. Krauss asked if the City was receiving information from NorthWestern Energy from the Water Reclamation Facility solar array. He asked if the City was promoting any policies promoting electric vehicles. Mayor Taylor asked about the difference in carbon emissions between a fuel and electric vehicle. He asked about numbers of photo-voltaic systems in houses. He asked if the solar array will have the ability to be expanded. Cr. Krauss asked what the City could do to be more solar-friendly for installations, and is this integrated into the UDC rewrite. Mayor Taylor stated adding solar was very easy. Community Development Director Marty Matsen provided additional detail. Cr. Krauss asked if the guidelines, like the NCOD, are some of the roadblocks. Cr. Pomeroy asked if Mr. Matsen sees more solar installations than previous years, and if there is any plan to encourage residents to install solar, and if there are any residential incentives. Cr. Mehl stated it will take significant effort to meet emission reduction goals so we need to do more. Cr. Krauss discussed removing obstacles in the NCOD and other guidelines. He stated he anticipates major changes in transportation in coming years. Cr. Pomeroy reiterated the importance of encouraging solar. G. 07:05:38 PM (01:08:51) Action Items 1. 07:05:42 PM (01:08:55) Resolution 4866, Supporting the Purpose and Goals of the Paris Climate Agreement in Cooperation with the Climate Mayors Network (Meyer)  07:05:58 PM (01:09:11) Staff Presentation Sustainability Program Manager Natalie Meyer provided background on the Paris Climate Agreement. She discussed the U.S. response, the current number of Climate Mayors, the history of Climate Mayors, and the commitment language in the resolution. 82 Bozeman City Commission Meeting DRAFT MINUTES, November 27, 2017 Page 4 of 10 07:11:04 PM (01:14:17) Public Comment Mayor Taylor opened public comment. 07:11:12 PM (01:14:25) Susan Bilo, Public Comment Ms. Bilo encouraged the Commission to support tonight’s resolution. She hopes that the Commission interweaves the Climate Action plan further into other plans. She discussed the benefits of net zero and net positive buildings. She also discussed solar-ready design. 07:14:09 PM (01:17:22) Carolyn Poissant, Public Comment Ms. Poissant encouraged the Commission to look at Fort Collins, CO, and encouraged the Commission to take bold steps. She also discussed bike accessibility and exposure to particulate matter. 07:16:55 PM (01:20:08) Heather Higinbotham, Public Comment Ms. Higinbotham appreciates the depth of the Commission’s questions. She stated that solutions exist, they just take work and smart decisions. 07:17:52 PM (01:21:05) Kristin Walser, Public Comment Ms. Walser thanked the Commission and staff, and discussed the broader view and policy components of reaching these difficult goals. She discussed that fossil fuels don’t take into the account the social costs, and encouraged the City to look at a future resolution supporting a federal carbon price, adopted by other cities. 07:20:40 PM (01:23:53) Susan Hinkins, Public Comment Ms. Hinkins encouraged adopting the resolution. She also stated the emissions report was done very well. She encouraged the data to be public. 07:21:38 PM (01:24:51) Jay Sinnott, Public Comment Mr. Sinnott supports the City’s commitment to the Paris Accords. He believes the city can be a leader for other communities. 07:23:19 PM (01:26:32) Kathy Powell, Public Comment Ms. Powell commended staff. She also noted that she has recently installed solar panels, and that the permitting process went very smoothly. She encouraged support of the resolution. 07:25:14 PM (01:28:27) Motion to adopt Resolution 4866, supporting the purpose and goals of the Paris Climate Agreement in cooperation with the Climate Mayors network. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 07:25:28 PM (01:28:41) Discussion Cr. Krauss stated he does not typically support foreign policy like this. He thinks this is political, not 83 Bozeman City Commission Meeting DRAFT MINUTES, November 27, 2017 Page 5 of 10 about climate change. Cr. Pomeroy sees climate change, and she supports the resolution. Cr. Mehl supports the motion, but is concerned about resolutions that are outside of the City’s control. He discussed his neighbor who has a no emissions house. DM Andrus supports the resolution, and that although the scope is large, she believes this is the right thing to do. Mayor Taylor thinks this is a worldwide problem and education is a part of the solution. He sees this as a survival document, not a political document. He discussed what needs to happen locally, including building up and building walkable neighborhoods. He also sees more activity in the future regarding community solar. 07:35:51 PM (01:39:04) Vote on the Motion to adopt Resolution 4866, supporting the purpose and goals of the Paris Climate Agreement in cooperation with the Climate Mayors network. The motion passed 4-1. Commissioner - Jeff Krauss: 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 07:36:13 PM (01:39:26) Recess Mayor Taylor called the Commission into recess until 7:45 PM. 07:48:52 PM (01:52:05) Call to Order Mayor Taylor called the meeting back to order at 7:49 PM. 2. 07:48:56 PM (01:52:09) Kirk Park Zone Map Amendment, Located at the Intersection of West Beall Street and North 20th Avenue, Application 17442 (Pope)  07:49:11 PM (01:52:24) Staff Presentation Community Development Director Marty Matsen introduced Assistant Planner Melissa Pope. Ms. Pope discussed the subject property and zone change request. She discussed the future land use designation. She noted the criteria for evaluation, all of which were favorable or neutral. One public comment was received at the Zoning Commission. The DRC found no barriers for approval, and the Zoning Commission carried the motion unanimously. 07:53:19 PM (01:56:32) Questions of Staff Cr. Mehl asked Ms. Pope to clarify the public comment from the Zoning Commission. Cr. Krauss asked how long we’ve had the park, and why change it now? CA Sullivan reminded the Commission that they did approve the zoning with the amended plat. He asked if it makes no difference, 84 Bozeman City Commission Meeting DRAFT MINUTES, November 27, 2017 Page 6 of 10 why are we doing it? Community Development Director Matsen responded in detail. 07:59:07 PM (02:02:20) Public Comment There was no public comment. 07:59:26 PM (02:02:39) Motion that having reviewed and considered the staff report, application materials, public comment/inquiry, and all information presented, I hereby adopt the findings presented in the staff report for application 17442 and move to approve the Kirk Park Zone Map Amendment, with contingencies required to complete the application processing. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 07:59:59 PM (02:03:12) Discussion Cr. Pomeroy supports the motion. Cr. Mehl provided context as to why the City would do this zone map amendment at this time. DM Andrus stated this change meets the growth policy. Cr. Krauss discussed zoning changes to uses that benefit the City. He believes it’s better to zone property for potential future private use in case it ever goes out of the public use. He will vote against the motion. Mayor Taylor stated the zoning makes sense. 08:04:35 PM (02:07:48) Vote on the Motion that having reviewed and considered the staff report, application materials, public comment/inquiry, and all information presented, I hereby adopt the findings presented in the staff report for application 17442 and move to approve the Kirk Park Zone Map Amendment, with contingencies required to complete the application processing. The motion passed 4-1. Commissioner - I-Ho Pomeroy: 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 3. 08:04:47 PM (02:08:00) Bridger View Concept Planned Unit Development (PUD), Application 17441 (Krueger)  08:05:26 PM (02:08:39) Staff Presentation Development Review Manager Brian Krueger stated this is an optional review of the Commission. He provided the location of the development. The proposal is all residential, but the zoning includes a commercial node. A growth policy and zone map amendment would be required. He discussed the 85 Bozeman City Commission Meeting DRAFT MINUTES, November 27, 2017 Page 7 of 10 current various land uses in the area. He provided a project overview, which is a new type of development within in the city. He discussed the open space and pedestrian connectivity, on-lot parking, open space and park land and landscaping, utility maps, and garbage service challenges. He noted Development Review Committee comments on deviations that staff may not be able to support, most related to access. He also discussed the Community Affordable Housing Board (CAHAB) comments. He discussed the subdivision requested relaxations and individual lot requested relaxations. He discussed the PUD performance points this could potentially receive. He discussed the timeline of the project. He noted that the City is interested in seeing innovative projects like this, but they also need to be repeatable elsewhere. 08:34:55 PM (02:38:08) Questions of Staff Cr. Pomeroy asked about the existing infrastructure and if any of it could be used. She asked about the number of affordable units and who would be subsidizing these. Cr. Krauss stated the City has a close relationship with The Trust for Public Lands, but disclosed that he will be treating this without bias. He asked comparative questions to the Larkspur development. He asked procedural questions as to what is expected for a concept PUD. DM Andrus asked how many units and on-lot parking spaces were proposed. She asked about the impact fee calculation. She asked about fire vehicle access. Deputy Fire Chief Trisha Wolford stated concerns with one access point. She also asked about concerns with unit addressing. Cr. Mehl asked Deputy Chief Wolford what Fire would need for secondary access. He asked Mr. Krueger about the affordable housing calculations. He asked what zone staff recommends for this. He asked if staff has a problem with more than a year for the PUD process. He asked about utility layouts, and if standards will need to be waived. Development Review Engineer Shawn Kohtz responded in detail. He asked about the width and parking of Hillside. He asked if a local street connection was required by code. He asked if the City has ever forgiven cash-in-lieu of water. He asked Mr. Krueger if he was concerned about the corner lot orientation. Mayor Taylor asked further about impact fee credits. He asked if the wells could be used for irrigation services and would that count towards a credit. He asked Deputy Chief Wolford about the dimensions for stabilizing fire vehicles. He also asked about locked gates and options. 09:12:08 PM (03:15:21) Applicant Presentation Christine Walker presented The Trust for Public Land’s concept PUD. She introduced the local team. She discussed the Bridger View Development’s contribution to the affordable housing market. She noted that the model includes permanent affordability through the subsidy. Ben Lloyd with Comma Q Architecture discussed the goals of the neighborhood complimenting the goals of the growth policy. He discussed the design strategies. Susan Riggs responded to DRC comments, specific to vehicular connectivity and lot access. Ms. Walker asked for contributions from the City. 09:37:04 PM (03:40:17) Questions of Applicant Mayor Taylor asked if they have looked into using the wells for irrigation use. 09:37:25 PM (03:40:38) Public Comment 86 Bozeman City Commission Meeting DRAFT MINUTES, November 27, 2017 Page 8 of 10 There was no public comment. 09:37:45 PM (03:40:58) Applicant Rebuttal Ms. Walker discussed utilities and emergency and fire access. 09:42:31 PM (03:45:44) Public Comment There was no public comment. 09:42:41 PM (03:45:54) Discussion Cr. Krauss stated no to the gated community. He is concerned with fire and emergency access. He stated that this does not address low-income citizens. He didn’t see a direct connection for the City to provide significant incentives. Cr. Mehl stated he is impressed with the project, as it is well-designed and looks long-term. He is comfortable with most of the PUD relaxations, but he is concerned about turnaround requirements and lot access. He would have liked to see utility stacking, and there should be further street connections. He discussed affordable housing incentives. 09:56:18 PM (03:59:31) Meeting Extended Mayor Taylor extended the meeting to 10:30 PM. 09:56:23 PM (03:59:36) Discussion Continued DM Andrus likes the innovation of the project, but she is concerned about the safety aspect. The gate could be improved. She was not prepared to decide on the finances, and she was concerned with how replicable this was if the incentives weren’t there. Cr. Pomeroy agreed with previous comments. She expressed the importance of this project providing affordable housing. Cr. Krauss reiterated the problem with having a gate presented as the front door. Mayor Taylor stated he appreciates the project, loves the density, sustainability, affordability, and experimentation. His primary concerns are safety related. He encouraged them to creatively use down payment assistance instead. 4. 10:09:57 PM (04:13:10) Resolution 4852, Adopting the City of Bozeman's Strategic Plan (Surratt)  10:10:02 PM (04:13:15) Discussion DM Andrus stated that the Commission has discussed the vision, vision statements, and strategies on previous occasions. The Commission hasn’t been able to discuss actions. She proposed discussing strategies 1-6, and all of number 7 at a future date. Cr. Mehl stated that the City should try to finish the UDC before the end of the year. He stated the next Commission will revisit the strategic plan annually so it will get picked up again in the spring. Cr. Krauss thinks the strategic plan isn’t annual. Chapter 7 should be about instilling change in an 87 Bozeman City Commission Meeting DRAFT MINUTES, November 27, 2017 Page 9 of 10 organization. Cr. Pomeroy stated she thinks the Commission needs more time to discuss. Mayor Taylor is not interested in completing this during his term if it doesn’t make sense. He thinks the strategic plan is good right now, but it needs to have connected actions. Cr. Mehl heard that everyone agrees to roll this over to early next year. 10:28:25 PM (04:31:38) Meeting Extended Mayor Taylor extended the meeting to 10:45 PM. 10:28:30 PM (04:31:43) Discussion Continued DM Andrus sees this as two subsequent meetings, and wants to see this as a full meeting. 10:31:34 PM (04:34:47) Motion and Vote to take the motion to adopt the strategic plan off the table. 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 10:32:09 PM (04:35:22) Motion to direct the City Manager to put on an agenda for us to discuss and adopt the Action Items under the Strategic Vision Statement and Strategies for 1-6, and discuss and adopt the Strategies, Visions, and Action Items for number 7. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 10:32:48 PM (04:36:01) Discussion Cr. Krauss asked DM Andrus to clarify the intent of the motion. 10:33:55 PM (04:37:08) Public Comment There was no public comment. 10:33:59 PM (04:37:12) Discussion CM Surratt clarified what the intent of the future meetings would be. 10:35:47 PM (04:39:00) Vote on the Motion to direct the City Manager to put on an agenda for us to discuss and adopt the Action Items under the Strategic Vision Statement and Strategies for 1-6, and discuss and adopt the Strategies, Visions, and Action Items for number 7. The motion passed 5-0. 88 Bozeman City Commission Meeting DRAFT MINUTES, November 27, 2017 Page 10 of 10 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 5. 10:35:59 PM (04:39:12) Session Continued from November 15, 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)  10:36:29 PM (04:39:42) Session Continued Mayor Taylor continued the session to December 4, 2017. H. 10:36:47 PM (04:40:00) FYI/Discussion • CA Sullivan informed the Commission that Thursday afternoon the City will close on the donation from The Trust for Public Lands on the Boys & Girls Club building. • DM Andrus stated that on Friday she will join MSU in a strategic plan listening session, and she would be interested in the Commission’s feedback. • Mayor Taylor stated that he will put an item on a future agenda to raise the Commission’s salaries. • CM Surratt reminded the Commission that there will be a joint City/County meeting on December 15, 2017 at noon in the City Commission Room. I. 10:39:28 PM (04:42:41) Adjournment Mayor Taylor adjourned the meeting at 10:39 PM. 89