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HomeMy WebLinkAbout01-04-18 City Commission Packet Materials - MIN. December and Executive Session MinutesCommission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Robin Crough, City Clerk Andrea Surratt, City Manager SUBJECT: Approve the Regular Meeting Minutes from December 4 and December 11, 2017, Special Meeting Minutes from December 15, 2017, Executive Session Minutes from January 11, 2016 and January 9, 2017, and User Access to Linked Minutes MEETING DATE: January 4, 2018 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 December 4, 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 December 11, 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 December 15, 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, Special, and Executive Session City Commission Minutes as submitted. SUGGESTED MOTION: I move to approve the combined City Commission minutes from December 4, December 11, and December 15, 2017 as submitted, and Executive Session Minutes from January 11, 2016 and January 9, 2017 as previously distributed. BACKGROUND: The January 11, 2016 and January 9, 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: 4 • 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: Regular City Commission minutes from December 18, 2017 still need to be completed and will be routed for approval at a future date. FISCAL EFFECTS: None. Attachments: Draft Minutes Report Prepared on December 19, 2017 5 Page 1 of 22 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, December 04, 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: Absent Commissioner - Chris Mehl: Present Staff Present at the Dais: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough A. 06:00:17 PM (00:04:29) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:00 PM. B. 06:00:28 PM (00:04:40) Pledge of Allegiance and a Moment of Silence C. 06:01:17 PM (00:05:29) Changes to the Agenda Mayor Taylor moved Item G. Mayoral Proclamation ahead of general public comment. D. 06:01:36 PM (00:05:48) Authorize Absence - Commissioner I-Ho Pomeroy 06:01:36 PM (00:05:48) Motion and Vote to authorize the absence of Commissioner I-Ho Pomeroy. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve E. 06:01:56 PM (00:06:08) Consent 6 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 2 of 22 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Adopt the Library Depreciation Fund Capital Improvement Plan (CIP) for Fiscal Years 2019- 2023 (Donald)  3. Adopt the Parking Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Donald)  4. Adopt the Street and Curb Reconstruction Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Donald)  5. Adopt the Street Maintenance Fund Capital Improvement Plan (CIP) for Fiscal Years 2019- 2023 (Donald)  6. Adopt the Wastewater Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Donald)  7. Adopt the Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Donald)  8. Adopt the Water Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Donald)  9. Authorize the City Manager to Sign a Public Access and Utility Easement with M. Cooper for the Bozeman Midtown Urban Renewal District’s Lighting and Streetscape Project (Fine)  10. Authorize the City Manager to Sign a Public Access and Utility Easement with Sapphire Night Sky, LLC for the Bozeman Midtown Urban Renewal District’s Lighting and Streetscape Project (Fine)  11. Authorize the City Manager to Sign a Public Access and Utility Easement with the Human Resource Development Council of District IX, Inc. (HRDC) for the Bozeman Midtown Urban Renewal District’s Lighting and Streetscape Project (Fine)  12. Authorize the City Manager to Sign a Memorandum of Agreement, Public Use Easement, and Certificate of Acceptance with S. Sterry and P. Wookey for Right-of-Way Purchase for the Construction of Improvements to Durston Road (Woolard)  13. Authorize the City Manager to Sign the Sewer and Water Pipeline and Access Easement and Agreement with South Rows Investors, LLC for the South Rows Project (Kohtz)  14. Authorize the City Manager to Sign Task Order Number 13 with DOWL for Right-of-Way Acquisition Services at the Intersection of Fowler Avenue and West Babcock Street (Hixson)  15. Authorize the City Manager to Sign Amendment Number 1 to Task Order Number 9 with DOWL for Right-of-Way Acquisition Services for the Fowler Lane Extension (Hixson)  16. Ratify the City Manager's Signature on a Professional Services Agreement with Camelot Construction for the Removal of Snow from Public Sidewalks (Knight)  17. Schedule Reconsideration of Action Regarding the Bridger Vale Annexation and Zone Map Amendment, Located at 806 Manley Road, Application 17230 (Saunders)  MOVED TO ACTION ITEMS 7 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 3 of 22 06:02:03 PM (00:06:15) City Manager Overview CM Surratt provided a brief overview of Consent Items 1-17. 06:07:19 PM (00:11:31) Pull Consent Item 17 Cr. Krauss requested to pull Consent Item 17. Mayor Taylor placed this as the first Action Item. 06:07:29 PM (00:11:41) Public Comment on Consent Items 1-16. There was no public comment. 06:07:47 PM (00:11:59) Motion and Vote to approve Consent Items 1-16 as submitted. The motion passed 4-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 06:08:07 PM (00:12:19) Discussion Cr. Krauss thanked the Midtown property owners who cooperated with the improvements in the district. G. 06:08:52 PM (00:13:04) Mayoral Proclamation 1. 06:09:10 PM (00:13:22) Award the Key to the City of Bozeman to Allan Lien  Mayor Taylor bestowed the Key to the City to Allan Lien. He discussed Mr. Lien’s contributions to the city. Mr. Lien accepted the key, and spoke a few words about water and annexation. He thanked the mayor for the key. F. 06:17:25 PM (00:21:37) Public Comment Mayor Taylor opened public comment. 06:18:14 PM (00:22:26) Brian Caldwell, Public Comment Mr. Caldwell discussed challenges with the sale of alcohol in the City, specifically the service area radius ban. He asked that the Commission revisit the new types of licenses that have recently been created at the state. 06:20:52 PM (00:25:04) Jessym Bremer, Public Comment Ms. Bremer, representing the Downtown Group, requested the City Commission to revisit the alcohol license radius issue as well. 06:22:47 PM (00:26:59) Henry Foch, Public Comment 8 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 4 of 22 Mr. Foch noted that members of the design community are here for the UDC item. He stated staff has been very open to meet with them. G. Mayoral Proclamation MOVED BEFORE PUBLIC COMMENT 2. Award the Key to the City of Bozeman to Allan Lien  H. 06:23:43 PM (00:27:55) Action Items 06:23:50 PM (00:28:02) Consent Item 17. Schedule Reconsideration of Action Regarding the Bridger Vale Annexation and Zone Map Amendment, Located at 806 Manley Road, Application 17230 (Saunders)  06:24:05 PM (00:28:17) Discussion Cr. Krauss stated he is voting no as he initially voted no. 06:24:27 PM (00:28:39) Public Comment Mayor Taylor opened public comment. 06:24:38 PM (00:28:50) Per Hjalmarsson, Public Comment Mr. Hjalmarsson stated there are some new issues that have come up that warrant additional public comment. He stated that everything was done correctly, over years of work prior to applying for annexation. 06:28:00 PM (00:32:12) City Attorney CA Sullivan noted the options available to the Commission on this item for reconsideration. Policy and Planning Manager Chris Saunders described the noticing period. CA Sullivan suggested that the hearing be run the same as the initial hearing, since it will be a new Commission. 06:30:46 PM (00:34:58) Motion to reconsider the prior action to not annex and zone the Bridger View [Vale] development, application 17230, and direct staff to prepare the required public notice and set a public hearing date. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 06:31:02 PM (00:35:14) Discussion Cr. Mehl noted that the memo only notes one option, but later is better than never. He would rather hear some substance behind the discussion. He supported the original annexation. DM Andrus also supports the motion. Mayor Taylor is ready to vote, but he supports the motion if that is what the Commission desires. 9 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 5 of 22 06:33:05 PM (00:37:17) Vote on the Motion to reconsider the prior action to not annex and zone the Bridger View [Vale] development, application 17230, and direct staff to prepare the required public notice and set a public hearing date. The motion passed 3-1. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 1. 06:33:17 PM (00:37:29) Wastewater Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Donald)  06:33:34 PM (00:37:46) Staff Presentation Finance Director Kristin Donald discussed the Wastewater Impact Fee Fund, and specific projects and timing. She provided a summary of the projects. 06:36:26 PM (00:40:38) Questions of Staff DM Andrus asked about the difference between an interceptor and a lift station. Public Works Director Craig Woolard responded. She asked why the schedule changed for the North Frontage Road interceptor. She also asked about the change in the Davis Lane lift station scheduling, and what has changed from last year to this year. She also asked about the Hidden Valley lift station change. She asked about the Davis Lane lift station debt service change, and if there is a funding agreement in place. Finance Director Donald responded. She asked Director Woolard if there is a point when we stop building so many lift stations. Cr. Mehl asked Director Donald about the expected term for the loans. He asked about impact fees paying for this work vs. rate-payers. Cr. Krauss asked also asked about the timeline for reaching the max of lift stations, and how impact fees will continue to finance these. He asked how the city will deal with a large project uphill of wastewater treatment plants, and if impact fees can fund large individual projects. Director Woolard responded in detail about deficiencies and accommodating growth. He asked about the City directing growth. He asked if there is a section-based impact fee program, and maybe there should be reflective impact fee districts. Assistant City Manager Anna Rosenberry stated these districts do not exist yet, and provided additional detail. He asked about disproportional charges, and when does it make sense to split the city into impact fee districts. Director Woolard also responded regarding the long-term CIP and decisions and priorities made a few years ago. 07:02:46 PM (01:06:58) Public Comment 10 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 6 of 22 There was no public comment. 07:02:58 PM (01:07:10) Motion to adopt the Wastewater Impact Fee [Fund] Capital Improvement Plan (CIP) for Fiscal Years 2019-2023. Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:03:08 PM (01:07:20) Discussion Cr. Krauss stated that Bozeman has never specifically directed growth with the use of the associated costs. He discussed in great deal, but does support the motion. DM Andrus supports the motion. She discussed growth and how the Transportation Master Plan has helped guide. Cr. Mehl supports the motion, but wanted to be clear that the Triangle Planning Committee is already discussing this. He stated this discussion needs to happen in the long run. Mayor Taylor supports the motion. He stated there should be a discussion before more lift stations are built. Cr. Krauss noted that discussion on a regional facility has happened before, but he doesn’t see that happening as an option, but he does welcome this discussion in the future. Cr. Mehl stated he was not suggesting the County would do this. 07:14:11 PM (01:18:23) Vote on the Motion to adopt the Wastewater Impact Fee [Fund] Capital Improvement Plan (CIP) for Fiscal Years 2019-2023. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 2. 07:14:30 PM (01:18:42) Session Continued from November 27, 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)  07:14:39 PM (01:18:51) Procedure Mayor Taylor discussed the process for the UDC for the evening. CA Sullivan recommended that the Commission complete Article 4 before they move into Article 5. Mayor Taylor recommended doing cleanup after Article 5 is completed. 11 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 7 of 22 07:19:24 PM (01:23:36) Article 4 Housekeeping The Commission began to resolve tied and remaining motions carried over from the November 15, 2017 meeting. 07:19:41 PM (01:23:53) 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 amendment passed 3-2. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Chris Mehl: Approve 07:20:00 PM (01:24:12) Discussion DM Andrus discussed her support of the motion and voted yes. 07:21:26 PM (01:25:38) 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 amendment passed 3-2. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Chris Mehl: Approve 07:21:58 PM (01:26:10) Discussion DM Andrus stated her support of the motion and voted yes. 07:22:16 PM (01:26:28) City Attorney CA Sullivan stated this was a Pile B amendment and will come back to be incorporated in the document at a later date. 07:23:17 PM (01:27:29) Amendment to the Motion to add transitional emergency housing as a “C” or conditional use in all zoning districts. 12 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 8 of 22 Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 07:23:42 PM (01:27:54) Amendment to the Motion withdrawn. 07:24:03 PM (01:28:15) Discussion Cr. Mehl is interested in coming back to it later. CA Sullivan asked when Cr. Mehl expected to return to this item. Community Development Director Marty Matsen asked to tackle this in the spring in the affordable housing discussion. 07:26:40 PM (01:30:52) Rollover Discussion on Drive Access - Article 4 Senior Planner Tom Rogers discussed the drive access standards discussion that still needs to be resolved. He discussed staff proposed changes on residential drive access and separation standards in Section 38.400.090: Delete: Section 38.400.090.C.3.a(2) Section 38.400.090.C.3.a(3) Table 38.400.090.C.3.a(3) Section 38.400.090.C.3.a(4) Table 38.400.090.C.3.a(4) Section 38.400.090.C.3.a(4) (numbering error, should have been (5)). Replace with: Section 38.400.090.C.3.a(2). Residential drive access standards apply to all residential development with drive access facing a street, except apartment buildings. i. Individual residential drive accesses facing the street with a single internal parking bay meeting the standard of table 38.540.020 may not exceed 12 feet in width measured at the right-of-way line and 18 feet in width measured at the curb line. ii. Individual residential drive accesses facing the street with two or more internal parking bays meeting the standard of table 38.540.020 may not exceed 20 feet in width measured at the right-of-way line and 26 feet in width measured at the curb line. iii. Individual and shared drive accesses must be physically separated by means of a landscaped area greater than or equal to ten feet in width between paved areas and extending from the front line of the building to the right-of-way line. iv. Residential complexes with 25 or more dwelling units must meet the commercial access standards in 38.400.090.C.3.b. 07:33:20 PM (01:37:31) Discussion Cr. Mehl asked Mr. Rogers to describe the nature of the changes. Cr. Krauss asked if this limits the size of the garage door or driveway. He asked if the hourglass was possible, and if there are any relaxations possible for a permeable surface. DM Andrus asked Director Matsen to describe a drawing of the driveways to further explain. 13 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 9 of 22 07:39:44 PM (01:43:56) Amendment to the Motion to approve the staff changes as suggested in the memo received dated November 29th on page 313 of the overall packet from the top of the page through roman numeral IV [revising residential drive access standards to: Delete: Section 38.400.090.C.3.a(2) Section 38.400.090.C.3.a(3) Table 38.400.090.C.3.a(3) Section 38.400.090.C.3.a(4) Table 38.400.090.C.3.a(4) Section 38.400.090.C.3.a(4) (numbering error, should have been (5)). Replace with: Section 38.400.090.C.3.a(2). Residential drive access standards apply to all residential development with drive access facing a street, except apartment buildings. i. Individual residential drive accesses facing the street with a single internal parking bay meeting the standard of table 38.540.020 may not exceed 12 feet in 237 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 15 of 52 width measured at the right-of-way line and 18 feet in width measured at the curb line. ii. Individual residential drive accesses facing the street with two or more internal parking bays meeting the standard of table 38.540.020 may not exceed 20 feet in width measured at the right-of-way line and 26 feet in width measured at the curb line. iii. Individual and shared drive accesses must be physically separated by means of a landscaped area greater than or equal to ten feet in width between paved areas and extending from the front line of the building to the right-of-way line. iv. Residential complexes with 25 or more dwelling units must meet the commercial access standards in 38.400.090.C.3.b.]. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 07:40:10 PM (01:44:22) Discussion Cr. Mehl stated this doesn’t impact existing buildings, but allows for other vehicles. Cr. Krauss stated this is clear, but he doesn’t support it. Mayor Taylor stated this makes sense and moves forward the issue. 14 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 10 of 22 07:41:20 PM (01:45:32) Vote on the Amendment to the Motion to approve the staff changes as suggested in the memo received dated November 29th on page 313 of the overall packet from the top of the page through roman numeral IV [revising residential drive access standards to: Delete: Section 38.400.090.C.3.a(2) Section 38.400.090.C.3.a(3) Table 38.400.090.C.3.a(3) Section 38.400.090.C.3.a(4) Table 38.400.090.C.3.a(4) Section 38.400.090.C.3.a(4) (numbering error, should have been (5)). Replace with: Section 38.400.090.C.3.a(2). Residential drive access standards apply to all residential development with drive access facing a street, except apartment buildings. i. Individual residential drive accesses facing the street with a single internal parking bay meeting the standard of table 38.540.020 may not exceed 12 feet in 237 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 15 of 52 width measured at the right-of-way line and 18 feet in width measured at the curb line. ii. Individual residential drive accesses facing the street with two or more internal parking bays meeting the standard of table 38.540.020 may not exceed 20 feet in width measured at the right-of-way line and 26 feet in width measured at the curb line. iii. Individual and shared drive accesses must be physically separated by means of a landscaped area greater than or equal to ten feet in width between paved areas and extending from the front line of the building to the right-of-way line. iv. Residential complexes with 25 or more dwelling units must meet the commercial access standards in 38.400.090.C.3.b.]. The amendment passed 3-1. 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: Absent Commissioner - Chris Mehl: Approve 07:41:39 PM (01:45:51) Amendment to the Motion to revise Section 38.400.090.D.3, removing the 15 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 11 of 22 dates to just say “These standards apply to the minimum distance between public and/or private accesses and intersections, and the minimum distance between public and/or private accesses and other public and/or private accesses.” Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 07:42:36 PM (01:46:48) Discussion DM Andrus stated this was outdated and no longer needed. Mr. Rogers provided additional detail. 07:43:41 PM (01:47:53) Vote on the Amendment to the Motion to revise Section 38.400.090.D.3, removing the dates to just say “These standards apply to the minimum distance between public and/or private accesses and intersections, and the minimum distance between public and/or private accesses and other public and/or private accesses.” The amendment passed 3-1. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 07:43:54 PM (01:48:06) Questions of Staff Cr. Mehl asked staff to explain what the intent of eliminating D.2 at the beginning of page 305. Mr. Saunders stated that 09.03 would stay intact, which is the current standard since 2002. Director Matsen provided further clarification. 07:45:15 PM (01:49:27) Amendment to the Motion to accept the staff recommendation to delete Section 38.400.090.D.2 in total (as covered on page 313 of tonight’s packet). Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 07:45:55 PM (01:50:07) Discussion Cr. Mehl stated this has been covered with discussion and previous amendments. 07:45:42 PM (01:49:54) Vote on the Amendment to the Motion to accept the staff recommendation to delete Section 38.400.090.D.2 in total (as covered on page 313 of tonight’s packet). The amendment passed 4-0. Commissioner - Chris Mehl: Motion 16 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 12 of 22 Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 07:46:08 PM (01:50:20) Article 3 Housekeeping CA Sullivan clarified that accessory buildings is in Article 3. Director Matsen stated staff does not have a formulated response for this evening. 07:48:49 PM (01:53:01) Recess Mayor Taylor called the Commission into recess at 7:55 PM. 07:58:01 PM (02:02:13) Call to Order Mayor Taylor called the meeting back to order at 7:58 PM. 07:58:16 PM (02:02:28) Staff Presentation on Article 5 – Project Design Senior Planner Tom Rogers presented on the key components and proposed changes to Article 5 – Project Design. Mr. Rogers discussed block frontage in further detail, including landscape, storefront, and gateway and mixed standards. He discussed site plan and design elements. He discussed the Building Design section. 08:11:37 PM (02:15:48) Public Comment There was no public comment. 08:13:29 PM (02:17:41) Amendment to the Motion to Section 38.500.020.A.1 (page 356) eliminating the words “design” and “section” as described in the staff memo for the November 15th City Commission meeting [as follows: For sites within the city's established neighborhood conservation overlay district, the design provisions of division 38.340 supersede the provisions of this article. However, the review authority may apply the provisions of this article in the event of a conflict, where the review authority determines that the provisions herein help new development better meet the purpose and intent of neighborhood conservation overlay district per section 38.340.010.]. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 08:13:47 PM (02:17:59) Discussion Cr. Mehl stated that this is staff’s recommendation, and this is the final part of cleanup. 17 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 13 of 22 08:14:32 PM (02:18:44) Vote on the Amendment to the Motion to Section 38.500.020.A.1 (page 356) eliminating the words “design” and “section” as described in the staff memo for the November 15th City Commission meeting [as follows: For sites within the city's established neighborhood conservation overlay district, the design provisions of division 38.340 supersede the provisions of this article. However, the review authority may apply the provisions of this article in the event of a conflict, where the review authority determines that the provisions herein help new development better meet the purpose and intent of neighborhood conservation overlay district per section 38.340.010.]. The amendment passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 08:15:47 PM (02:19:59) Amendment to the Motion to add “and four-household” to Section 38.510.010.b [block frontage standards, as follows: “The provisions of this division apply to all development within Bozeman, except single, two-, three, and four-household dwellings in any configuration.”]. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 08:15:57 PM (02:20:09) Discussion Cr. Mehl asked Mr. Rogers to provide the rationale of this for the public. 08:17:11 PM (02:21:23) Vote on the Amendment to the Motion to add “and four-household” to Section 38.510.010.b [block frontage standards, as follows: “The provisions of this division apply to all development within Bozeman, except single, two-, three, and four-household dwellings in any configuration.”]. The amendment passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent 18 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 14 of 22 Commissioner - Chris Mehl: Approve 08:17:26 PM (02:21:38) Amendment to the Motion to change Section 38.540.070.A.4 to read “may not be located more than 300 feet,” replacing 100 with 300. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 08:18:17 PM (02:22:29) Discussion Cr. Mehl stated this would allow for more creative parking solutions. Mayor Taylor asked what average block size is. DM Andrus asked staff’s opinion on this. Staff supports the motion. Mayor Taylor asked is this would preclude a provided shuttle. Cr. Krauss asked if there is an exception for the use of structured parking. 08:22:36 PM (02:26:48) Amendment to the Motion to change Section 38.540.070.A.4 to read “may not be located more than 300 feet,” replacing 100 with 300. The amendment passed 4-0. 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: Absent Commissioner - Chris Mehl: Approve 08:22:49 PM (02:27:01) Questions of Staff Cr. Mehl asked staff about (5) on page 431, Section 38.540.050, what’s the exemption’s impact on mixed use? Mr. Rogers provided explanation. 08:25:42 PM (02:29:54) Amendment to the Motion to take the November 21, 2017 dated document, page 1-21, and adopt wholesale [replacing Section 38.530 – Building Design with the revised standards, see attached section 38.530 – Building Design standards]. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 08:27:01 PM (02:31:13) Point of Clarification Cr. Krauss expressed concern about the clarity of adopting this amendment wholesale, and which documents were being referred to. He stated at this point he needs new documents. DM Andrus asked what Cr. Krauss was looking for in a clean document. Cr. Mehl explained when the document was provided to the public. 19 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 15 of 22 08:33:10 PM (02:37:22) Discussion Cr. Mehl stated he’d like to go through the document in order and work backwards through any additional amendments. Cr. Krauss stated his second doesn’t endorse or eliminate changes, even though there are discussion items within this document. This amendment is the cleanest way to do this as a whole. 08:34:55 PM (02:39:07) Vote on the Amendment to the Motion to take the November 21, 2017 dated document, page 1-21, and adopt wholesale [replacing Section 38.530 – Building Design with the revised standards, see attached section 38.530 – Building Design standards]. The amendment passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 08:35:19 PM (02:39:31) Discussion Cr. Mehl asked where a motion on the figures should happen. CA Sullivan provided his recommendation. DM Andrus stated she would like to talk about the placeholder for alternative compliance, and she supports the staff, and that the design community’s request is too broad. CA Sullivan recommended removing the language of placeholder by motion. 08:39:33 PM (02:43:45) Amendment to the Motion to remove the placeholder for alternative compliance evaluation path [deleting section 38.050.020.E]. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 08:39:41 PM (02:43:53) Discussion DM Andrus explained her rationale for removing that language, as she doesn’t support the alternative at this time. Cr. Krauss will be voting no, as the design community needs a path where this can happen. Cr. Mehl stated there isn’t a current workable alternative. Mayor Taylor also supports this, as the document is an attempt to balance the critique of the design community with some standards. 08:45:34 PM (02:49:46) Vote on the Amendment to the Motion to remove the placeholder for 20 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 16 of 22 alternative compliance evaluation path [deleting section 38.050.020.E]. The amendment passed 3-1. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 08:46:13 PM (02:50:25) Questions of Staff DM Andrus wanted a better understanding of human/appropriately-scaled verbiage in façade articulation. Cr. Krauss asked about limiting the scale to just humans, and not allowing grander architecture. Cr. Mehl asked if departures would be possible. 08:55:00 PM (02:59:12) Amendment to the Motion to accept the places where “appropriately-scaled” was suggested by the design community, rather than human-scaled. Commissioner - Jeff Krauss: Motion 08:55:24 PM (02:59:36) Amendment dies for lack of a second. 08:55:49 PM (03:00:01) Questions of Staff Cr. Mehl asked for clarification on page 5, 38.530.040.C.7, and whether staff did or didn’t put these changes forward. Mr. Rogers responded that staff is in support. Cr. Krauss asked if the word pattern would remain. DM Andrus asked about façade articulation, and what the difference is from the addition and omission, on page 4. Cr. Mehl asked about page 5, and the use of vertical piers/columns, and if staff suggested a replacement. Cr. Mehl asked on page 6, if D.2 and 3 conflict with an earlier staff memo. Director Matsen responded. Mayor Taylor asked on page 6, why the building width was broadened. He also asked about the figure on page 7. Mr. Rogers stated the figures need to be updated at the end. DM Andrus asked for more clarification on the changes on vertical articulation. Director Matsen demonstrated on the whiteboard. Cr. Krauss stated this isn’t actually that drastic. Cr. Mehl asked for the staff response on page 7, the criteria and description of departures. Mr. Rogers and Director Matsen provided responses on departures. 09:13:45 PM (03:17:57) Discussion Cr. Krauss stated he does not like the buildings described on page 8, and does not want this to be the 21 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 17 of 22 requirement. DM Andrus asked for additional text/photographs to add more clarity. Cr. Krauss stated he would change departures on page 9 to number 4. He asked staff’s opinion. Cr. Mehl asked on page 10, A, if number 2 is already covered by number 1? Mr. Rogers stated staff would be fine either way. He asked about including windows in building façade, and why part B on page 10 was removed. On page 13, he asked in 2B about prohibited windows, and why staff dropped “continuous ribbon,” and what is that window? Director Matsen provided clarification. DM Andrus asked if recessed windows make sense with EIFS. Cr. Krauss made some comments on windows. Cr. Mehl asked on pg. 15, add to section that rooftop solar is permitted. It was clarified that D takes care of this. 09:32:27 PM (03:36:39) Amendment to the Motion to change D [Section 38.530.050.D] to read “Active Solar Collection Units (electronic and hydronic) are permitted.” Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 09:32:46 PM (03:36:58) Discussion Cr. Krauss stated this needs to actively state they are permitted. Cr. Mehl stated there isn’t any indication code is slowing solar down. He asked if this would apply to houses. He asked why solar panels are considered ugly, and if it could say encouraged instead of permitted? Staff responded to questions in detail. DM Andrus stated she prefers “permitted” to “encouraged.” Cr. Krauss stated that screening “carefully integrated” is not as important as actively encouraging alternate forms of energy. 09:41:40 PM (03:45:52) Vote on the Amendment to the Motion to change D [Section 38.530.050.D] to read “Active Solar Collection Units (electronic and hydronic) are permitted.” The amendment passed 4- 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: Absent Commissioner - Chris Mehl: Approve 09:41:51 PM (03:46:03) Questions of Staff Cr. Mehl asked on page 17, regarding “intent” in relation to building materials. He asked what damage from maintenance is. He asked why staff dropped section B, building materials. Mr. Rogers responded it 22 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 18 of 22 was rewritten and added below. DM Andrus asked about CMU as a secondary material, and why it was changed to a primary material. Cr. Mehl asked on page 19, why did staff increase the percentage of the total façade area allowed using EIFS. The Commission and staff discussed EIFS in significant detail. 09:57:40 PM (04:01:52) Meeting Extended Mayor Taylor extended the meeting to 10:15 PM. 09:57:51 PM (04:02:03) Discussion/Questions Continued DM Andrus asked what percentage of a number of new buildings was EIFS, and why highly textured EIFS was prohibited. Development Review Manager Brian Krueger responded in detail. Cr. Mehl does cannot see a building with more than half EIFS. 10:03:29 PM (04:07:41) Amendment to the Motion to change the second sentence to say that on buildings of two stories or less or less than 5,000 square feet in footprint, EIFS is limited to 50% of the total façade area [changing Section 38.530.060.C.3.a]. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 10:03:59 PM (04:08:11) Vote on the Amendment to the Motion to change the second sentence to say that on buildings of two stories or less or less than 5,000 square feet in footprint, EIFS is limited to 50% of the total façade area [changing Section 38.530.060.C.3.a]. The amendment passed 3-1. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 10:05:09 PM (04:09:21) Meeting Extended Mayor Taylor continued the meeting to 10:30 PM. 10:05:15 PM (04:09:27) Questions of Staff Cr. Mehl asked staff how they define cementitious and what is the concern. Mr. Krueger responded in detail. He also asked why the blank wall on page 21 went away. Mr. Rogers responded. Mayor Taylor asked why the blank wall feature couldn’t be better dealt with as a departure. DM Andrus asked where the compromise was on this with the design community, and what prompted this to go in in the first place. 23 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 19 of 22 10:20:23 PM (04:24:35) Amendment to the Motion to leave the language as it was originally intended and make it a departure [replacing the Blank Wall provision AND ADDING a departure for blank walls]. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 10:20:44 PM (04:24:56) Discussion DM Andrus stated this makes sense to have some restrictions on blank walls. Mayor Taylor stated he will vote for this. Cr. Mehl asked if it would be a blank wall if there was façade articulation. He asked if the departure language was going to be specific or general. He will support this but hopes the tradeoff is successful. The Commission discussed examples in some detail. 10:29:51 PM (04:34:03) Meeting Extended Mayor Taylor extended the meeting to 11:00 PM. 10:30:02 PM (04:34:14) Vote on the Amendment to the Motion to leave the language as it was originally intended and make it a departure [replacing the Blank Wall provision AND ADDING a departure for blank walls]. The amendment passed 3-1. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 10:30:15 PM (04:34:27) City Attorney CA Sullivan clarified that this was an addition of a departure to the re-inclusion of the blank wall verbiage. 10:30:40 PM (04:34:52) Staff Presentation on Article 6 and 7 Mr. Rogers explained some small changes in Articles 6 and 7. 10:31:45 PM (04:35:57) Questions of Staff Cr. Mehl asked if staff still requests the change the definition of apartment building, and why is staff asking for the change (38.700.020) (page 494). 10:34:18 PM (04:38:30) Amendment to the Motion to revise the [apartment] definition to say “a 24 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 20 of 22 building, other than a hotel or motel, containing five or more dwelling units, excluding townhouses and rowhouses. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 10:34:55 PM (04:39:07) Vote on the Amendment to the Motion to revise the [apartment] definition to say “a building, other than a hotel or motel, containing five or more dwelling units, excluding townhouses and rowhouses. The amendment passed 4-0. Commissioner - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 10:35:06 PM (04:39:18) Amendments from Previous Articles Mayor Taylor opened the session to amendments from other articles. 10:35:55 PM (04:40:07) Amendment to the Motion regarding the notes under Section 38.310.030 (page 180), [deleting] footnote 6 referring to Accessory Dwelling Units in the R-S and R-1 districts, and Section 38.360.040.C.2.b (page 238), to eliminate both statements regarding 1997. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 10:37:36 PM (04:41:48) Discussion Cr. Mehl asked for clarity on the motion. Mayor Taylor explained the purpose of the motion. DM Andrus asked if this impacts short-term rentals. 10:39:38 PM (04:43:50) Vote on the Amendment to the Motion regarding the notes under Section 38.310.030 (page 180), [deleting] footnote 6 referring to Accessory Dwelling Units in the R-S and R-1 districts, and Section 38.360.040.C.2.b (page 238), to eliminate both statements regarding 1997. The amendment passed 4-0. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve 25 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 21 of 22 Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 10:39:54 PM (04:44:06) Discussion Mayor Taylor stated Cr. Pomeroy requested a motion to eliminate on page 234, G.1 (accessory buildings may not exceed the height of the principal building unless such accessory building has been otherwise approved per this chapter). Director Matsen described a challenge this creates. Cr. Krauss asked staff to determine a way to define accessory dwelling unit that isn’t related to height. Director Matsen provided further details. Mayor Taylor stated concerns of exceptionally tall ADUs. CA Sullivan discussed the effective date of changes like this and Pile B. Staff provided additional information about how this could work. Cr. Mehl confirmed he would also like to look into this in the future. 10:48:07 PM (04:52:19) Procedure Mayor Taylor described the procedure going out, cancelling the Thursday meeting. 10:49:43 PM (04:53:55) Vote on the Main Motion as Amended that having reviewed and considered the application materials, public comment, recommendation of the Zoning Commission, recommendation of the Planning Board, and all the information presented, I hereby adopt the findings presented in the staff report for application 15320 and move to approve the zone text amendments as shown in the July 28, 2017 Unified Development Code draft and direct the city manager to return to the commission with an ordinance codifying these text amendments along with other text amendments previously approved by the commission but not yet adopted by ordinance. The motion passed 4-0. 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: Absent Commissioner - Chris Mehl: Approve 10:50:05 PM (04:54:17) Procedure Director Matsen described the format of the new revised draft. CA Sullivan explained the two attachments to the codifying ordinance. I. 10:52:18 PM (04:56:30) FYI/Discussion • Cr. Krauss referenced public comment from earlier this evening, and asked the Commission to put the alcohol radius discussion on an agenda to update the ordinance. CA Sullivan stated he has been working on this. The Commission discussed in detail. 26 Bozeman City Commission Meeting DRAFT MINUTES, December 4, 2017 Page 22 of 22 10:59:44 PM (05:03:56) Meeting Extended Mayor Taylor extended the meeting to 11:05 PM. 10:59:46 PM (05:03:58) Discussion Continued • Mr. Saunders stated that as of this afternoon, Planning has received 18 short-term rental applications since being open on December 1st. • CA Sullivan reminded the Commission of responding to the County’s reply brief, filed today. 11:04:54 PM (05:09:06) Meeting Extended Mayor Taylor extended the meeting to 11:06 PM. 11:04:55 PM (05:09:07) Discussion Continued • City Clerk Crough reminded the Commission they have their December 15 meeting packet in hand. J. 11:05:22 PM (05:09:34) Adjournment Mayor Taylor adjourned the meeting at 11:05 PM. Attached and Referenced Memo: 11-27-17 City Commission Packet M 27 Page 1 of 11 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, December 11, 2017 Mayor - Carson Taylor: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - Jeff Krauss: Present Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Present Staff Present at the Dias: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, Meeting Clerk Tom Londe A. 06:00:04 PM (00:05:27) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:00 PM. B. 06:00:03 PM (00:05:26) Pledge of Allegiance and a Moment of Silence C. 06:01:01 PM (00:06:24) Changes to the Agenda There were no changes to the agenda. D. 06:01:06 PM (00:06:29) Authorize Absence - Commissioner I-Ho Pomeroy 06:01:07 PM (00:06:30) Motion and Vote to authorize the absence of Commissioner I-Ho Pomeroy. The motion passed 4-0. 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: Absent Commissioner - Chris Mehl: Approve E. 06:01:32 PM (00:06:55) Minutes 28 Bozeman City Commission Meeting DRAFT MINUTES, December 11, 2017 Page 2 of 11 1. 06:01:33 PM (00:06:56) 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 (Crough)  06:01:34 PM (00:06:57) Motion and Vote to approve the combined City Commission minutes from November 6, November 13, November 15, November 20, and November 27, 2017, and 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 as submitted. The motion passed 4-0. 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: Absent Commissioner - Chris Mehl: Approve F. 06:02:10 PM (00:07:33) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Approve the Annual Beer, Wine, or Liquor License Renewals for Calendar Year 2018 (Maas)  3. Authorize the City Manager to Sign a Professional Services Agreement with Above and Beyond Janitorial for Janitorial Services in Recreation Facilities (Saitta)  06:02:11 PM (00:07:34) City Manager Overview City Manager Surratt provided a brief overview of Consent Items 1-3. 06:03:26 PM (00:08:49) Public comment There was no public comment. 06:03:37 PM (00:09:00) Motion and Vote to approve Consent Items 1-3 as submitted. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve 29 Bozeman City Commission Meeting DRAFT MINUTES, December 11, 2017 Page 3 of 11 Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve G. 06:04:02 PM (00:09:25) Public Comment Mayor Taylor opened public comment. There was none. H. 06:05:07 PM (00:10:30) Special Presentation 1. 06:05:11 PM (00:10:34) Idaho Pole Superfund Site Informational Presentation (Heidi Kaiser)  06:05:30 PM (00:10:53) Special Presentation Roger Hugerheidi is the remedial project manager from the Environmental Protection Agency. He wanted to let everybody know that there will be a public meeting December 12 at the library. They have worked with Idaho Pole to move from an active pump-and-treat system to a more passive process. They’ve worked with Idaho Pole on the properties north of the interstate to allow residential development. They are working to remove the soil component from the national priorities list. 06:07:28 PM (00:12:51) Questions of Presenter DM Andrus asked what constituted significant improvement. She asked about the timing of the test samples. She asked if the time of year and temperature would influence test results. Cr. Mehl clarified the time and location of the meeting with the County Commissioners Tuesday morning and the public meeting Tuesday evening. He asked if the ground/soil work has been completed. He asked how many other places in Montana have they seen similar procedures. Mehl asked how common it is in the region to reuse this land. He asked about the standard differences between soil and water tests. He asked about the timing of tests and reviews. He asked about the trigger for rehabilitated lands being used as residential zoning. He asked how long it takes for residency to potentially take place at one of these rehabilitated sites, and what the testing requirements would be. Mayor Taylor asked how long the testing/sampling would go on. I. 06:19:45 PM (00:25:08) Action Items 1. 06:20:32 PM (00:25:55) General Fund Capital Improvement Plan (CIP) for Fiscal Years 2019- 2023 (Rosenberry)  06:20:32 PM (00:25:55) Staff Presentation Assistant City Manager Anna Rosenberry presented the recommended General CIP fund running through 2023. She explained what departments are supported by the general fund. She showed diagrams generally indicating what the funds would go to in the scheduled and unscheduled requests. Anna showed the proposed cost schedule for capital projects. Explained the purpose and timeline of the 30 Bozeman City Commission Meeting DRAFT MINUTES, December 11, 2017 Page 4 of 11 CIP. She made note of significant projects included as part of this proposal. She brought up a table showing what borrowing would have to occur to fulfill this proposal. She brought up the financial summary sheet and a list of the requests from the various departments. 06:33:45 PM (00:39:08) Questions of Staff DM Andrus asked for clarification regarding the Law & Justice project options, and if support of this CIP represented support of the county’s preferred Law & Justice options. She asked if the Law & Justice request is a placeholder until an option is officially chosen. She asked about the changes of dedicated CIP funding from year-to-year. She asked staff about the requested turf sweeper for parks. She asked about the funding of the Professional Building remodel. She asked if there is still a need to finish the Professional Building remodel in FY19. She asked what the cost or downside would be of moving the remodel back one more year. She asked if it was necessary to budget money to replace/upgrade the Sungard Analytics system when they’re also looking at the possibility of replacing the entire Sungard system. DM Andrus asked about the 2020 renovations for Bogert Pool, and what is done every year for maintenance to that pool. She asked if maintenance costs for the pool is included in the CIP. She asked HR what a Learning Management System is and what we do now to manage staff training. She asked about the funding allocated for the IT upgrade and general renovation to the commission room. Andrus asked if this is something that could potentially be moved up the schedule if deemed important enough. Cr. Mehl asked about the legality of Bogert/swim center/pool funding requests being wrapped together as a single bond. He asked why we would spend money on Bogert when previous plans involved Bogert being decommissioned in favor of a new indoor/outdoor pool. He clarified that including Bogert funding was a bit of a placeholder until there was a community discussion on the fate of Bogert. Cr. Krauss asked what Parks Director Mitch Overton meant when he said they swapped an aerator for a Turf Sweeper in this year’s CIP purchases. Krauss if the aerator was already somewhere in the CIP. He asked if there are security issues with Sungard Analytics software that’s no longer supported. Mayor Taylor asked how firm the firehouse cost figures were in the proposal. He asked about the unscheduled funding regarding moving out of the Professional Building. He asked if the remodel would still be worth doing if they still planned on moving on from the Pro Building. Cr. Krauss asked about the proposal for the Parks Maintenance District and if they were asking to double-dip on tax revenue. He asked if it was more important to have more money in the all-purpose fund or to have the parks maintenance fund. Mayor Taylor asked if this was a policy discussion that would ultimately be left to the commission to decide. Cr. Krauss mentioned going out to the public to get money for 911 in the past, and choosing to not have as much in the general fund at that time rather than double-taxing the public. He wanted there to be a more equal share where the taxes and levies are concerned. He mentioned past efforts to create tax districts with the express purpose of moving those needs out of the general fund. 07:07:11 PM (01:12:34) Public Comment There was no public comment. 31 Bozeman City Commission Meeting DRAFT MINUTES, December 11, 2017 Page 5 of 11 07:07:39 PM (01:13:02) Motion to move item GF304 from FY20 into FY19. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Jeff Krauss: 2nd 07:08:26 PM (01:13:49) Discussion Mayor Taylor clarified that this is an amendment to a motion that has not been made yet. DM Andrus said that it makes sense to improve the technology, and improve the meeting space sooner rather than later. Cr. Mehl has no problem with it since it doesn’t impact other CIP requests. Says it’s important to get the planning done in the right order. 07:09:43 PM (01:15:06) Vote on the Motion to move item GF304 from FY20 into FY19. The motion passed 3-1. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 07:10:02 PM (01:15:25) Motion to adopt the General Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 as amended. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:10:11 PM (01:15:34) Discussion Cr. Mehl said he was surprised by the lack of questions, but he thought it was a good proposal. He said that they’ve been wanting to create a park maintenance districts in the past. He mentioned that other Montana cities also have parks maintenance districts. He thanked the staff for their hard work DM Andrus says she will also support the CIP. She says that the plan reflects many things they have as part of their strategic plan. Cr. Krauss says he will not support. He made mention of the multiple levies that are either already in place or would be proposed. He believes that the special assessment bills on homes has been increasing excessively. He feels the proposal doesn’t reflect the prioritization that comes from having limited funds. Mayor Taylor said that he feels there’s usually more unanswered questions that answered questions when it comes to the CIP in past years. He appreciates that there are place holders for various projects that might not necessarily happen. He asked about how much money they could get back by selling 32 Bozeman City Commission Meeting DRAFT MINUTES, December 11, 2017 Page 6 of 11 existing Fire Station 1. He said it’s a good guiding document. He appreciated the inclusion of items from the strategic plan. 07:21:06 PM (01:26:29) Vote on the Motion to adopt the General Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 as amended. The motion passed 3-1. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 07:21:27 PM (01:26:49) Recess Mayor Taylor called the meeting into recess until 7:30 PM. 07:33:20 PM (01:38:43) Call to Order Mayor Taylor called the meeting to order at 7:33 PM. 2. 07:33:24 PM (01:38:47) Fire Equipment and Capital Replacement Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023 (Rosenberry)  07:33:39 PM (01:39:02) Staff Presentation Assistant City Manager Anna Rosenberry presented the Fire equipment and Capital Replacement fund proposal. She wanted to clarify how this fund is related to the fire projects. The firehouse replacement were included in the CIP as they’re expected to be citizen-voted projects. In 2007, voters authorized up to 4 mills for fire equipment replacement. At the time of those 4 mills, they were not anticipating the replacement of two fire stations. Fire proposal includes radio replacements, safety equipment. 07:37:45 PM (01:43:08) Questions of Staff Cr. Krauss asked about the difference between mill projected value and the actual value. DM Andrus asked staff to explain the requested station alert system. Fire Chief Waldo explained the upgrade in detail. Cr. Krauss asked if the alert system was really highly incorporated into the stations. DM Andrus asked if there was a way to upgrade the alert system at a lower cost. Cr. Mehl clarified if this was general fund money. He asked about the differences of revenue increases. Cr. Krauss asked about revenue sources increasing. He mentioned that there’s no competition for the fire funds in the CIP. 07:43:05 PM (01:48:28) Public Comment 33 Bozeman City Commission Meeting DRAFT MINUTES, December 11, 2017 Page 7 of 11 There was no public comment. 07:43:16 PM (01:48:39) Motion to adopt the Fire Equipment and Capital Replacement Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Jeff Krauss: 2nd 07:43:32 PM (01:48:55) Discussion DM Andrus will be supporting the motion and feels that the proposal will increase fire department efficiency. Cr. Krauss will also be supporting the motion. He says it’s a good model to schedule equipment out. He thought it might have been good to follow this same model for the streets in 1995. 07:45:13 PM (01:50:36) Vote on the Motion to adopt the Fire Equipment and Capital Replacement Fund Capital Improvement Plan (CIP) for Fiscal Years 2019-2023. The motion passed 4-0. 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: Absent Commissioner - Chris Mehl: Approve 3. 07:45:26 PM (01:50:49) Continuation of the Appeal of the Administrative Project Decision 17365 for the Links Condominiums Application 16374 from December 11, 2017 to December 18, 2017 (Quasi-Judicial) (Krueger)  07:45:50 PM (01:51:13) Discussion CM Sullivan informed the commission that the appellant asked for another extension as the appellant and property owner look at possibilities for settling. Cr. Krauss asked what would happen if they voted no on the motion. 07:47:18 PM (01:52:41) Public Comment There was no public comment. 07:47:14 PM (01:52:37) Motion to continue the review of Appeal of the Administrative Project Decision 17365 from December 11, 2017 to December 18, 2017. 34 Bozeman City Commission Meeting DRAFT MINUTES, December 11, 2017 Page 8 of 11 Commissioner - Jeff Krauss: Motion Commissioner - Chris Mehl: 2nd 07:47:45 PM (01:53:08) Discussion Cr. Krauss thinks that it’s time to take action one way or the other and that this issue should be concluded by the December 18 meeting. Cr. Mehl agrees with Cr. Krauss. 07:48:08 PM (01:53:31) Vote on the Motion to continue the review of Appeal of the Administrative Project Decision 17365 from December 11, 2017 to December 18, 2017. The motion passed 4-0. 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: Absent Commissioner - Chris Mehl: Approve 4. 07:48:30 PM (01:53:53) Resolution 4854, Amending the Community Development Fee Schedule for the Annual Inflation Adjustment (Saunders)  07:48:41 PM (01:54:04) Staff Presentation Policy and Planning Manager Chris Saunders gave presentation on the inflation adjustment. He noted that the Commission adopted a process in 2015 to allow for an annual inflation adjustment. Staff would like to add some additional adjustments, along with the usual inflation adjustments. Staff wanted to make changes to the Appeal of Administrative Decisions fee, the Residential Certificate of Appropriateness fee, the Zoning Departures fee, and the Special Use Permit fees. He noted they did not change the Short Term Rental fees due to it being a new program and there being a lack of info on actual costs. There has been no public comment 07:52:19 PM (01:57:42) Questions of Staff DM Andrus asked if all the fees have gone up. 07:53:08 PM (01:58:31) Public Comment There was no public comment. 07:53:24 PM (01:58:47) Motion to adopt Resolution 4854, amending the fee schedule for the annual inflation adjustment and other identified changes, for the review of impact fee deferral, zoning, subdivision, annexation, growth policy proposals and other planning related review processes with an effective date of January 1, 2018. 35 Bozeman City Commission Meeting DRAFT MINUTES, December 11, 2017 Page 9 of 11 Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Cr. Mehl supports the changes as it’s fairly libertarian. The fees represent roughly what the costs are, but not much more. He wished there had been some more discussion of the items in writing. Mayor Taylor supports the proposal. Noted that they’ve waived the fees when the need has arisen. 07:55:21 PM (02:00:44) Vote on the Motion to adopt Resolution 4854, amending the fee schedule for the annual inflation adjustment and other identified changes, for the review of impact fee deferral, zoning, subdivision, annexation, growth policy proposals and other planning related review processes with an effective date of January 1, 2018. The motion passed 3-1. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 5. 07:55:44 PM (02:01:07) Resolution 4855, Amending the Fee Schedule for Business Licenses (Saunders)  07:56:01 PM (02:01:24) Staff Presentation Chris Saunders presented on the proposed business license fee change. He noted that the fee hasn’t been adjusted for inflation in nearly 20 years. They are proposing a single application fee for all business sizes and proposals. It will result in a small revenue increase. He explained the reasoning behind having the change take effect January 30, 2018. 07:59:00 PM (02:04:23) Questions of Staff DM Andrus asked if there’s a sliding scale for business fee needs and if some people will save money or spend more with this proposal. She asked the least amount someone will pay currently and how they would change. Cr. Mehl asked staff to state what the new fee would be. 08:00:33 PM (02:05:56) Public Comment There was no public comment. 08:00:52 PM (02:06:15) Motion to adopt Resolution 4855, amending the fee schedule for all types of business licenses with an effective date of January 30, 2018. 36 Bozeman City Commission Meeting DRAFT MINUTES, December 11, 2017 Page 10 of 11 Deputy Mayor - Cynthia Andrus: Motion Commissioner - Jeff Krauss: 2nd 08:01:09 PM (02:06:32) Discussion DM Andrus supports it as it simplifies the current process and a $50 isn’t all that much when it comes to the cost of doing business. 08:01:41 PM (02:07:04) Vote on the Motion to adopt Resolution 4855, amending the fee schedule for all types of business licenses with an effective date of January 30, 2018. The motion passed 3-1. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Jeff Krauss: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 6. 08:02:05 PM (02:07:28) Consideration to Raise Commission Member Salaries (Surratt)  08:02:10 PM (02:07:33) Staff Presentation CM Surrat has brought this proposal forth at the commission’s request. She mentioned that last salary assessment for the commission was 2013. If passed, this would be brought back the following week. 08:03:00 PM (02:08:23) Questions of Staff There were no questions of staff. 08:03:07 PM (02:08:30) Public Comment There was no public comment. 08:03:18 PM (02:08:41) Motion to direct the City Manager to bring back a proposal for increasing Commissioner salaries, based upon the increasing time commitment and complexity of the position in this growing community, and including an adjustment for the cost of living. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 08:03:52 PM (02:09:15) Discussion Cr. Mehl asked if this will be on the agenda next week and if it would require two readings. He confirmed that there could be more public comment on the topic. 37 Bozeman City Commission Meeting DRAFT MINUTES, December 11, 2017 Page 11 of 11 Mayor Taylor noted that he was the one who requested this. He said he appreciated it when a previous outgoing mayor proposed it, and so he’s doing the same. He mentioned that any change wouldn’t take place for two years. He noted that the time it takes to do a good job as a commissioner has gone up in recent years. Bozeman is transitioning from a town to a city, and more time for good work is needed. He noted that a lot of people prior to the election were interested in running, but they couldn’t make the time and financial commitment at current commission salary level. He doesn’t want the pool of people running to be limited to only people who could afford it and had free time. 08:08:05 PM (02:13:28) Vote on the Motion to direct the City Manager to bring back a proposal for increasing Commissioner salaries, based upon the increasing time commitment and complexity of the position in this growing community, and including an adjustment for the cost of living. The motion passed 3-1. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Disapprove Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - I-Ho Pomeroy: Absent J. 08:08:37 PM (02:14:00) FYI/Discussion • CA Sullivan updated the commission on a lawsuit with Save Bozeman. • Assistant City Manager Chuck Winn updated commission on conversations with the school districts regarding the new and remodeled high schools. There is extensive public interest in the project. • Cr. Mehl made note of a public comment regarding the county desires to create an election administrator position. • Mayor Taylor asked if anyone wanted it on the agenda. He noted there would be a joint meeting with the county on Friday, December 15 regarding the Law & Justice proposals. K. 08:13:22 PM (02:18:45) Adjournment Mayor Taylor adjourned the meeting at 8:13 PM. 38 THE BOZEMAN CITY COMMISSION / GALLATIN COUNTY COMMISSION JOINT SPECIAL MEETING BOZEMAN CITY COMMISSION MINUTES Friday, December 15, 2017 Mayor - Carson Taylor: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - Jeff Krauss: Absent Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Present County Commissioners: Chairman – Don Seifert: Present Commissioner – Steve White: Present Commissioner – Joe Skinner: Present Staff Present at the Dais: City Manager (CM) Andrea Surratt, County Administrator (CA) Jim Doar, City Clerk Robin Crough A. 12:02:18 PM (00:06:37) Call to Order – 12:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Taylor called the City Commission to order at 12:02 PM. B. 12:02:25 PM (00:06:44) Pledge of Allegiance and a Moment of Silence C. 12:03:19 PM (00:07:38) Changes to the Agenda There were no changes to the agenda. D. 12:03:34 PM (00:07:53) Motion and Vote to authorize the absence of City Commissioner I-Ho Pomeroy and City Commissioner Jeff Krauss. The motion passed 3-0. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Absent 39 Bozeman City Commission and Gallatin County Commission Special Meeting DRAFT MINUTES, December 15, 2017 Page 2 of 7 Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve E. 12:03:53 PM (00:08:12) General Public Comment Mayor Taylor opened public comment. 12:04:40 PM (00:08:59) John Weddleton, Public Comment Mr. Weddleton, Assembly Member of Anchorage, Alaska introduced himself and spoke to city/county cooperation and the nice town. 12:05:56 PM (00:10:15) Heather Grenier, Public Comment Ms. Grenier, representing HRDC, thanked the City and County for investing in transportation. She discussed Streamline funding sources and discussed top priorities for a needs assessment. 12:08:00 PM (00:12:19) Lee Hazelbaker, Public Comment Mr. Hazelbaker, Director of HRDC transportation, thanked the elected officials for their support. He is stepping down at the end of the year, to be replaced by Sunshine Ross. He updated the City Commission that the improvements requested will start on January 8th. F. 12:10:08 PM (00:14:27) Action Items 1. 12:10:11 PM (00:14:30) Discussion and Decision on Commitment to Construction of a Joint Law Enforcement Building as Part of a Phased Approach to Addressing Deficiencies in Current Facilities  12:10:23 PM (00:14:42) Procedure Mayor Taylor introduced the procedure for today’s meeting. 12:10:53 PM (00:15:12) Staff Presentation CM Surratt discussed the work she and the County Administrator have done on a potential joint law & justice center as well as a municipal law & justice center. CA Doar thanked City and County staff for their cooperation on the project, and is looking for direction today. 12:13:56 PM (00:18:15) Questions of Staff Cr. Skinner asked about the City’s position on making a decision today on working together. CM Surratt stated the City is not prepared to make that commitment today. Mayor Taylor asked when staff would be prepared to present on the Rouse safety center so that the City Commission could make a decision to go one way or another. Assistant City Manager (ACM) Chuck Winn discussed the dual path asked by the City Commission, and the need for more joint work moving forward. He stated that Gallatin County’s proposed four options did not sufficiently include City staff. He discussed the incorporation of future fire stations as well. Cr. White asked what needs to be examined for a municipal center, and since the County is looking at March 6th for the ballot, how will that happen in time? CM Surratt stated that the City needs to look at the potential fire station component. Cr. White also asked if the present design has unacceptable 40 Bozeman City Commission and Gallatin County Commission Special Meeting DRAFT MINUTES, December 15, 2017 Page 3 of 7 deficiencies and why additional research is needed. ACM Winn clarified that the options had reductions that were not discussed with the City, and now the City needs to be clear on what the options actually are. Chair Seifert clarified that the reductions were done in the context that the project would go forward with the previous design, and his rationale for a phased approach. Cr. White asked if there were law enforcement deficiencies determined. 12:33:29 PM (00:37:48) Public Comment Mayor Taylor opened public comment. 12:33:49 PM (00:38:08) Marty Lambert, Public Comment Gallatin County Attorney Marty Lambert asked to please do the courthouse project first if they are going to phase, which he also hopes is not what they do. He discussed the courthouse project in detail, specifically current limitations and the possibility of increased services. He noted that there are a record number of cases this year, and a fourth district judge is already needed. 12:37:05 PM (00:41:24) Judge Mike Salvagni, Public Comment Mr. Salvagni, retired judge, discussed his decades of experience with the Law & Justice Center. As a citizen, he stated the court building should go first. The main structure can then assist with space for law enforcement. 12:42:40 PM (00:46:59) Dave Weaver, Public Comment Mr. Weaver, Chair of the Gallatin County CIP committee, he commented that the economic solution to this is to build both buildings simultaneously. He also agreed that the court building should be built first if necessary. He stated it was necessary to allocate sufficient resources for voter education. 12:46:01 PM (00:50:20) Sheriff Brian Gootkin, Public Comment Sheriff Gootkin stated he was disappointed to hear the City was looking at a municipal center and implored the entities to work together again. 12:46:48 PM (00:51:07) Judge Karl Seel, Public Comment Municipal Judge Seel adopted all previous speakers’ comments. He stated that the City doesn’t fully know these options since they were not involved, but Option 2 is the only one that makes sense. He also discussed phasing options. 12:49:52 PM (00:54:11) Discussion Cr. Mehl stated goals are shared, but the City is also looking at long-term solutions that are efficient for the tax payers. He reiterated the Commission does not have enough information yet to commit today. Cr. White asked about the incorporation of future Fire Station 4, and how it effects the project. Cr. Skinner expressed the amount of work a joint project takes, and that they’re probably already a month behind for a June ballot issue. DM Andrus stated that are currently too many unanswered questions to make a decision today. She thinks continued discussions are necessary. Cr. White stated there are some things that could be re-looked at regarding the court building, but that 41 Bozeman City Commission and Gallatin County Commission Special Meeting DRAFT MINUTES, December 15, 2017 Page 4 of 7 it’s essentially already designed. He stated if they miss the March 6th deadline, it’s probably two years out instead. He reiterated his goal is to work with the City. Mayor Taylor stated the previous joint project was the best iteration and best project proposed. He discussed options but that the City actually needs to be able to look at cost estimates to make a commitment. Cr. Skinner is hesitant to commit his staff to a month’s work without knowing. Cr. Mehl stated that this delay is a result of decisions that were not made together. Cr. White stated the County was unable to previously commit since no numbers were provided. Mayor Taylor stated the courthouse or police/sheriffs’ station could be decided today. Chair Seifert discussed the importance of providing services to a growing county. He is in favor of a phased, combined approach with law enforcement first. DM Andrus stated that January 29th is a more realistic deadline for City staff. Cr. White asked if there is any expectation that the County proceed for March 6th, and waste work. He also discussed that if the City does not agree to work with the County, there isn’t a backup option for the County. Mayor Taylor suggested that staff and the City Commission do it by the 22nd. Cr. Mehl stated that the City is committing to looking at both options, but this due diligence is necessary. Chair Seifert asked CA Doar what County staff’s capacity is to do this, and how a January 22nd decision affects the March deadline. DM Andrus commented that the next steps committee was never working for a March 6th deadline, and it’s unfair to put the City in this position. 01:44:17 PM (01:48:36) Motion that the County Commission commit to the construction of a joint law enforcement building as part of a phased approach to addressing deficiencies in the current law and justice campus. Commissioner – Joe Skinner: Motion Commissioner – Steve White: 2nd 01:44:33 PM (01:48:52) Discussion Cr. Skinner does not have optimism to meet the deadline. He asked for a commitment from the City to help pay. Chair Seifert stated the County is committed to moving forward with a joint project. Cr. White agrees with Cr. Skinner and supports the motion. Cr. Skinner also wants this project to happen, and to happen with the City. Chair Seifert also asked the City to inform the County if they make the decision earlier. 01:49:04 PM (01:53:23) Vote on the Motion that the County Commission commit to the construction of a joint law enforcement building as part of a phased approach to addressing deficiencies in the current law and justice campus. The motion passed 3-0. 42 Bozeman City Commission and Gallatin County Commission Special Meeting DRAFT MINUTES, December 15, 2017 Page 5 of 7 Commissioner – Joe Skinner: Motion Commissioner – Steve White: 2nd Commissioner – Joe Skinner: Approve Commissioner – Steve White: Approve Chairman – Don Seifert: Approve 01:49:25 PM (01:53:44) Questions of Staff Cr. Mehl asked what motions CM Surratt needs this afternoon given the discussion. 01:50:24 PM (01:54:43) Motion that the City move expeditiously to pursue both proposals as discussed today with a public discussion on January 22nd. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 01:50:44 PM (01:55:03) Discussion DM Andrus asked for clarification for what “both proposals” means exactly. Cr. Mehl clarified the two proposals, stating cooperation with the County as well we due diligence for the Rouse site. DM Andrus asked for further clarification, whether this is suggesting the police/sheriffs’ station gets built first with the courts second. Mayor Taylor stated he would like the clarity for the motion. Cr. Mehl stated there is a pressing public safety issue. His preference is to start with the public safety offices. 01:52:55 PM (01:57:14) Amendment to the Motion to move forward with the police/sheriff proposal first as asked by the County. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 01:53:23 PM (01:57:42) Discussion DM Andrus stated she is very much in favor of the court buildings be built in a very timely manner. Mayor Taylor stated that this is the surest way to get a new courthouse. 01:54:49 PM (01:59:08) Vote on the Amendment to the Motion to move forward with the police/sheriff proposal first as asked by the County. The motion passed 3-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Absent 43 Bozeman City Commission and Gallatin County Commission Special Meeting DRAFT MINUTES, December 15, 2017 Page 6 of 7 Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 01:55:00 PM (01:59:19) Amendment to the Motion that the City fairly and equitably pay its share of the costs for this project. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 01:55:35 PM (01:59:54) Discussion DM Andrus stated the City needs to have an active role in the discussions of the design work. Cr. Mehl stated this amendment solely addresses payment of an equitable share, and to work together. Mayor Taylor supports the amendment, and to use the formula used previously. 01:57:29 PM (02:01:48) Vote on the Amendment to the Motion that the City fairly and equitably pay its share of the costs for this project. The motion passed 3-0. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Absent Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 01:57:43 PM (02:02:02) Discussion on the Main Motion Cr. Mehl appreciates the County’s participation today. DM Andrus will also be supporting the motion, and hopes to move forward together, although the City needs to investigate further. Mayor Taylor also supports the motion. 01:59:33 PM (02:03:52) Vote on the Main Motion as Amended that the City move expeditiously to pursue both proposals as discussed today with a public discussion on January 22nd. The motion passed 3-0. Commissioner - Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Carson Taylor: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - Jeff Krauss: Absent Commissioner - I-Ho Pomeroy: Absent Commissioner - Chris Mehl: Approve 44 Bozeman City Commission and Gallatin County Commission Special Meeting DRAFT MINUTES, December 15, 2017 Page 7 of 7 2. Adopt a Timeline to Allow the City and County to Meet the Appropriate Deadlines for a June 5, 2018 Ballot Issue to Allow Voter Consideration of a Newly Proposed Law and Justice Center Project  3. Appoint City of Bozeman and Gallatin County Commissioners to a Joint City-County Committee to Study Recommendations for the Law and Justice Center Project, and Consider a Staff Recommendation for Appropriate Staff to Serve on the Committee  4. Authorize the City Manager and Gallatin County Commission Chair to Sign a Memorandum of Agreement to Establish a Committee to Finalize Plans for a Feasibility Analysis of a Proposed Law & Justice Center June 5, 2018 Ballot Issue  G. 02:00:54 PM (02:05:13) FYI/Discussion There was no FYI. H. 02:01:03 PM (02:05:22) Adjournment Mayor Taylor adjourned the City Commission at 2:01 PM. 45