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HomeMy WebLinkAbout12-18-17 City Commission Minutes soZ THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, December 18,2017 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, Deputy City Clerk Brenda Sweeney A. 06:00:15 PM (00:02:06)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. 06:00:57 PM (00:02:48) Pledge of Allegiance and a Moment of Silence C. 06:01:47 PM (00:03:38)Changes to the Agenda There were no changes to the agenda. D. 06:01:52 PM (00:03:43) Public Service Announcements 1. No City Commission Meeting on December 25, 2017 and January 1,2018, and Closure of City Offices(Sweeney) E. 06:02:19 PM (00:04:10)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) 7,`_45 2. Approve the Annual Beer, Wine, or Liquor License Renewals for Calendar Year 2018 (Maas) 3. Acknowledge the 2017 Annual Ethics Board Report(Surratt) ! 4. Formal Cancellation of the December 25,2017 and January 1,2018 City Commission Meetings (Crough) 7,4j Page 1 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 5. Authorize the City Manager to Sign a Professional Services Agreement with the Arizona Board of Regents for and on behalf of Arizona State University and Its School for the Future of Innovation in Society for a Future Shocks and City Resilience Staff Capacity Building Workshop (Meyer) '.a 6. Authorize the City Manager to Sign a Professional Services Agreement with Sanderson Stewart for the South 3rd Avenue and Graf Street Intersection Improvements Project (Murray) "a 7. Authorize the City Manager to Sign a Professional Services Agreement with Water and Environmental Technologies, Inc. to Provide Environmental Consulting Services Pertinent to the East Gallatin Landfill (Hixson) •.a 8. Authorize the City Manager to Sign a Joint Funding Agreement with the U.S.Geological Survey for the Continued Operation of the Real-Time Streamflow Gaging Station on the East Gallatin River(Heaston) L!; 9. Authorize the City Manager to Sign a Grant Agreement with the Human Resources Development Council of District IX, Inc. (HRDC)for$77,560 in General Funding (Donald) a 10. Authorize the City Manager to Sign a Grant Agreement with the Human Resources Development Council of District IX, Inc. (HRDC) for $64,000 in Streamline Funding (Donald) r'a 11. Authorize the City Manager to Sign Task Order Number 17 with Dow) for Right-of-Way Acquisition Services for the Norton East Ranch Interceptor(Hixson) ~a 12. Ordinance 1984 Provisional Adoption, Locke Zone Map Amendment, Changing 2.174 Acres from R-S, Residential Suburban to R-1, Residential Single-Household Low Density, Located at 2111-2119 Sourdough Road,Application 17182 (Saunders) 3Lp o.,.-I,_ na.,iS Fy❑eaF d (RPAB) (SwrFatt)_ .`a MOVED TO ACTION ITEMS (Donald) 1,a MOVED TO ACTION ITEMS 15.'Resolution 4872, Certification of Delinquent City Assessments to Gallatin County (Maliske/Clark) G= 06:02:22 PM (00:04:13)City Manager Overview CM Surratt provided a brief overview of Consent Items 1-5. 06:07:10 PM (00:09:01) Pull Consent Items 13 and 14 Mayor Taylor pulled Consent items 13 and 14 and stated they will be addressed at the beginning of Action Items. 06:07:20 PM (00:09:11) Public Comment on Consent Items 1-12 and 15. There was no public comment. Page 2 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 06:07:40 PM (00:09:31)Motion and Vote to approve Consent Items 1-12 and 15 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 F. 06:08:10 PM (00:10:01)Public Comment Mayor Taylor opened public comment. 06:09:25 PM (00:11:16)Henry Fosh,Public Comment Mr. Fosh is an architect and spoke on behalf of Bozeman's design community regarding UDC Update Section 38.530.060.C.4., "Cementitious Wall Board Paneling and Siding". He stated that members of the design community urge the Commission to omit this section, as they feel it is unclear as to what materials are being restricted. 06:11:22 PM (00:13:13)Scott Freimuth Public Comment Mr. Freimuth spoke on behalf of Bozeman's design community regarding building design regulations. He stated that they feel the new guidelines fall short of addressing unique projects.They urge the Commission to direct staff to develop alternative means of compliance. 06:13:22 PM (00:15:13)ShaV Stewart,Public Comment Mr.Stewart is an architect and addressed the UDC section concerning blank walls. He talked about a letter he submitted on behalf of the Bozeman design community stressing some problems they have with the guidelines and urges the Commission to read through it and consider their edits. G. 06:15:06 PM (00:16:57)Action Items 06:15:11 PM (00:17:02)Consent Item 13. Ordinance 1993 Provisional Adoption,Amending Student Membership on the Recreation and Parks Advisory Board (RPAB) (Surratt) 06:15:08 PM (00:16:59) Discussion Mayor Taylor explained that he pulled Consent Item 13 because he inadvertently omitted the home schooled students. He further explained the reason for any change is that we have trouble getting secondary students signed up to serve on the Recreation and Parks Advisory Board (RPAB). He stated this will create a space for college students for one year and keep the secondary school students, whether they be home schooled or in a local high school. If none apply by October,then that spot will be open to anyone who wants to serve that one-year term on the board. Page 3 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 06:17:05 PM (00:18:56) Public Comment There was no public comment. 06:17:20 PM (00:19:11)Motion to provisionally adopt Ordinance 1993 amending student membership on the Recreation and Parks Advisory Board and include the phrase "including home schooled students, may". Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd 06:18:16 PM (00:20:07) Discussion Cr. Mehl stated that he had noticed this and thinks it was an oversight but thanked the mayor for fixing it and it was much better to do it this way. 06:18:28 PM (00:20:19) Vote on the Motion to provisionally adopt Ordinance 1993 amending student membership on the Recreation and Parks Advisory Board and include the phrase "including home schooled students,may". The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 06:18:39 PM (00:20:30)Consent Item 14. Resolution 4853,Adoption of the Fiscal Years 2019-2023 Capital Improvement Program (CIP) (Donald) 06:18:46 PM (00:20:37) Discussion Mayor Taylor explained the reason he pulled that from the consent items is because it was a split vote, and he wanted to give everyone opportunity that previously voted no 06:18:57 PM (00:20:48) Public Comment There was no public comment. 06:19:07 PM (00:20:58)Motion to adopt the Capital Improvement Plan(known as the CIP)for Fiscal Years 2019-2023 inclusive. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd Page 4 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 06:19:43 PM (00:21:34) Discussion Cr. Mehl is in support of the plan,which will be reviewed again before a budget is approved in late June. 06:19:59 PM (00:21:50) Vote on the Motion to adopt the Capital Improvement Plan(known as the CIP) for Fiscal Years 2019-2023 inclusive. The motion passed 4-1. 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:Approve Commissioner-Chris Mehl:Approve 1. 06:20:12 PM (00:22:03)Ordinance 1978 Provisional Adoption, Repealing and Replacing Chapter 38, Bozeman Municipal Code,Amending the City's Zoning,Subdivision,and Other Land Use Regulations (Known as the"UDC Update") (Rogers) :4z 06:20:36 PM (00:22:27)Staff Presentation Senior Planner Tom Rogers presented the project timeline of the UDC Update beginning in August 2015 to present. He talked about the project coming in under budget. He talked about public outreach and public comment. Mr. Rogers pointed out the letter from HRDC and will add the amendment to Pile B. 06:26:16 PM (00:28:07)Question of Staff Mayor Taylor asked Mr. Rogers if he read the public comment regarding the blank wall piece. DM Andrus asked for Mr. Rogers' opinion on the cementitious siding and what materials will be restricted. She asked about the PUD suggestion. 06:29:36 PM (00:31:27) Public Comment Mayor Taylor opened public comment. 06:29:49 PM (00:31:40)Susan Riggs,Public Comment Ms. Riggs,from Groundprint LLC, presented the written comments submitted this afternoon by the Downtown Bozeman Partnership on behalf of Chris Naumann. Ms. Riggs outlined six additional ways, as defined by the Downtown Bozeman Partnership,which the Commission can better support downtown Bozeman. 06:31:24 PM (00:33:15)HJ Schmidt Public Comment Mr.Schmidt talked about Section 38.360.040.A.6. of the UDC with regard to ADUs. He talked about buildings in his neighborhood being used as ADUs but that do not meet all the requirements. He talked Page 5 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 about allowing a process for deviations and departures for existing conditions. 06:32:44 PM (00:34:35)Motion that having reviewed and considered the application materials,public comment,Zoning Commission and Planning Board recommendations,and all the information presented,I hereby adopt the findings presented in the staff report for application 15320 and move to provisionally adopt Ordinance 1978, the Unified Development Code update zone text amendment. Deputy Mavor-Cynthia Andrus: Motion Commissioner-Jeff Krauss: 2nd 06:33:34 PM (00:35:25) Discussion Mayor Taylor stated that if there are suggested amendments,those will be made at this moment followed by general discussion. Cr. Mehl would like to reinstate his amendment,which was misplaced, regarding the PUD performance. Regarding Section 38.430.090, E. 2. a. (7) (a). 06:33:54 PM (00:35:45)Amendment to the Motion to change UDCSection 38.430.090.E.2.a.(7)(a)(i)to five points instead of four points, also clarify it could be a city or non-profit housing organization and increase from one point to three points for building lots, again changing the language to city or non- profit housing organization.Also,in(ii)change from one point to three points at the beginning of that section. Commissioner-Chris Mehl: Motion Deputy MaVor-Cynthia Andrus: 2nd 06:34:43 PM (00:36:34) Discussion Cr. Mehl stated the vote was unanimous last time, but he's happy to discuss it further if other commissioners would like. 06:35:06 PM (00:36:57) Vote on the Amendment to the Motion to change UDC Section 38.430.090.E.2.a.(7)(a)(i)to five points instead of four points,also clarify it could be a city or non- profit housing organization and increase from one point to three points for building lots, again changing the language to city or non-profit housing organization.Also, in(H)change from one point to three points at the beginning of that section. The motion passed 5-0. Commissioner-Chris Mehl: Motion Deputy Mavor-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 Page 6 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 06:35:26 PM (00:37:17)Amendment to the Motion to change Page 173,Section 38.300.110.D. to insert a comma after the first sentence and add"with urban residential development as an essential supporting use'. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd 06:37:04 PM (00:38:55) Discussion Cr. Krauss stated any way we can further define the downtown central business district and what our expectations are for that is important. He pointed out that being clear on our intentions is an extremely important part of our relationship with the public. DM Andrus inquired whether we have a definition of urban residential in the UDC. Cr. Mehl pointed out that Section 4 of the Strategic Plan calls for quality urban design. Mayor Taylor will support it, as it clarifies something that has been an issue and may continue to be in the future. 06:38:59 PM (00:40:50) Vote on the Amendment to the Motion to change Page 173,Section 38.300.110.D, to insert a comma after the first sentence and add"with urban residential development as an essential supporting use". The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 06:39:19 PM (00:41:10)Amendment to the Motion to remove the footnote on Page 186 Table 38.310.040.B. "Only lobbies for the applicable use are allowed on designed Storefront block frontages as set forth in 38.510.020." Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd 06:40:12 PM (00:42:03) Discussion Cr. Krauss talked about the downtown exercise studios with dynamic storefront windows. He feels they are more useful in keeping downtown vibrant and advertising their purpose. Cr. Mehl would like to get staff's input regarding why the footnote was in the table originally. 06:42:20 PM (00:44:11) Vote on the Amendment to the Motion to remove the footnote on Page 186 Table 38.310.040.B. "Only lobbies for the applicable use are allowed on designed Storefront block frontages as set forth in 38.510.020."The motion passed 5-0. Page 7 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 06:42:45 PM (00:44:36)Amendment to the Motion to remove the footnote on Page 195 Table 38.310.040.E. "Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations." Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd 06:43:11 PM (00:45:02) Discussion Cr. Krauss stated that rarely do we require an analysis of alternative sights, and it's either a permitted principal use or it isn't. 06:43:44 PM (00:45:35) Vote on the Amendment to the Motion to remove the footnote on Page 195 Table 38.310.040.E"Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations."The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd Manor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 06:44:04 PM (00:45:55) Discussion Cr. Krauss addressed Page 237,Section 38.350.070.E and Page 274,Section 38.360.240.B.4 regarding individual garages facing the street not permitted in the B-3 District. He talked about the question of what happens if an alley is not present. 06:44:37 PM (00:46:28)Amendment to the Motion to change both sections,38.350.070.E. and 38.360.240.B.4., to say"individual garages facing the street are not permitted in the B-3 District when an alley is adjacent to the property." Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl:2nd Page 8 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 06:44:57 PM (00:46:48) Discussion Cr. Krauss talked about the example of the North Black Row which integrates a carport directly off the street and other proposed designs. He talked about why the Commission originally banned them. He will support this idea. Cr. Mehl stated this was changed before,so this is a clarification of that change and this is a good response from the Commission,staff and public so he will support it. He further talked about whether it should be in Pile B because the amendment is not listed as part of Schedule B later even though he made the amendment previously. CA Sullivan talked about the purpose of the new addition of Section 38.350.070, Page 237 of Appendix B to catch things that were changed.Staff described the component where clarification came from necessitating the particular piece of the code in question. CA Sullivan further explained the purpose of Pile B and his recommendation to put 38.350.070 in that area. Cr. Mehl reiterated his concern regarding the exclusion of his amendment from two weeks ago to change item number 2.,which lists the Schedule B. He asked if it was a mistake that 38.360.240.B.4.was changed but not 38.350.070.E. or because the wrong list exists for the second item. CA Sullivan further explained the conservative process for creating Pile B from every motion made and looked at what was noticed versus what was not noticed. He stated the concern will be researched. He talked about Pile A and Pile B strategies to have them both effective at the same time, on March 31, 2018. Mayor Taylor suggested that in the exercise of caution, and because there will be a vote,the right thing to do is approach the issues of Pile A and Pile B conservatively. Cr. Krauss stated both amendments should go into Pile B. DM Andrus asked for clarification that this was the amendment on which she broke the tie two weeks ago. Mayor Taylor confirmed the vote on this amendment will be taken at the same time as the Pile B vote. 06:58:05 PM (00:59:56)Amendment to the Motion to add"Fagade Transparency:At least 60%of ground floor between 30"and 10'above the sidewalk for primary facades and 40%of ground floor between 30"and 10'above the sidewalk for secondary facades."on Page 379,Table 38.510.030.B. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd 06:59:15 PM (01:01:06) Discussion Cr. Krauss commented on the inability to duplicate downtown and his concern about creating a document that does not allow creating a piece of Bozeman valued the most. He talked about the importance of listening to the people on the ground floor. Cr. Pomeroy stated it makes sense,so she will support it. Cr. Mehl asked about the staff recommendation so the public understands the process. DM Andrus asked staff to describe the impact of this change.She asked whether staff would support it, and if not what would be the reason. Cr. Krauss stated it also provides a height standard as well so there wouldn't need to be transparency. Page 9 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 Cr. Mehl asked staff if the height stays the same and whether it's just the percentage that would change. He further asked whether this document has a clear separation between primary and secondary fagade so we know what it applies to. Mayor Taylor asked if it changes anything that exists versus just as to new construction or renovation. Cr. Krauss commented that many of the building owners would like this, and there have been investigations to open other businesses on the side who need exposure. DM Andrus asked how a departure would not deal with this. Cr. Krauss does not trust departures and thinks if we are going to have these fagade transparencies, addressing the sidewalks is an important thing to do. Cr. Mehl will be supporting it,and he wouldn't want to go less than 40%. 07:12:20 PM (01:14:11) Vote on the Amendment to the Motion to add"Favade Transparency:At least 60%of ground floor between 30"and 10'above the sidewalk for primary facades and 40%of ground floor between 30"and 10'above the sidewalk for secondary facades."on Page 379, Table 38.510.030.B. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 07:12:45 PM (01:14:36) Discussion Cr. Mehl addressed staff regarding floor area ratios for residential but not commercial. He asked why that is, and why not have a floor area ratio for B-3 when our plan calls for that. Cr. Pomeroy asked staff to confirm the affordable housing proposals from HRDC can be taken up, regardless of what decision is made in this section,when the affordable housing re-write is discussed. CA Sullivan presented clarification on Item Number 5 of the Downtown Bozeman Partnership's proposed changes memo where concern was raised that only one change was noticed. He pointed out that Section 38.350.070 was noticed previously and was a different section number. It was changed and moved,and that's why it's shown in the highlighted area of the marked up draft version. CA Sullivan informed the Commission they can address Sections 38,350.070 and 38.360.240 tonight if they so choose. 07:19:47 PM (01:21:38) Vote on the Amendment to the Motion to change both sections,38.350.070.E. and 38.360.240.B.4., to say"individual garages facing the street are not permitted in the B-3 District when an alley is adjacent to the property."The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd Mayor-Carson Taylor:Approve Page 10 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 07:20:20 PM (01:22:11) Discussion Cr. Pomeroy asked staff about Page 187,Table 38.310.040.B.,with regard to industrial, M-1 and offices being permitted.She inquired whether HRDC would be allowed to build tiny houses,a warming center or office services,similar to a CUP. Cr. Mehl talked about the public comment addressing Section 38.360.040.A.6., regarding ADUs and what staff will do about legal non-conformance or buildings that already exist. Mayor Taylor asked about the correct process to go about creating an ADU in an existing building if a deviation is not the correct way. Cr. Krauss talked about his past experience with voting to put this in place many years ago and believes this is a big jump from what has been in place to this point. Mayor Taylor talked about his understanding of not making changes to the exterior of the building but adding something like appliances that make it an ADU, and the staff's answer to that is obtaining a Special Use Permit(SUP)which leads to safety concerns. 07:27:42 PM (01:29:33) Discussion of the Main Motion DM Andrus stated it has taken a long time to get here and it shows a lot of commitment from the Commission,staff and public. She thanked the neighborhood groups, design community, developers, builders, and staff who spent such a long time working on this document and listening to the public. She stated that in adopting this codified ordinance,she agrees with the findings of staff and would like to incorporate any of her findings that have come in the way of amendments as well,given that it's hard to remember all the things that each of the Commissioners supported from 18 months ago.She further stated that when looking at the UDC and Growth Policy,there is a lot of information intertwined between them and pointed out a few other cross-over items as well. Cr. Krauss will be voting"no" on the preliminary adoption. He talked about affordable housing, document user-friendliness, and viability of the commercial sector,as well as increased design guidelines. He does not think it obligates staff to have a higher quality of service and does not increase the requirements we place on ourselves to do things more quickly and more streamlined. He talked about the lack of innovation and adaption in design or in land use. Cr. Pomeroy agrees with Cr. Krauss that the document is complicated to understand.She thinks staff worked hard to make it user-friendly,and she believes that amending Page 238 does make housing more affordable.She thinks this UDC is necessary and will support it. Cr. Mehl thanked the public for their involvement. He mentioned the work of the staff in numerous iterations of the draft. He thinks that compared to the current UDO this document is more clear and flexible. He talked about the growth and complexity of the city and special use permit departures. He talked about mixed use land litigation. Mayor Taylor thanked the staff for the immense amount of work and the public for their input. He agrees with comments fellow commissioners have made in support of the motion with regard to Page 11 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 adopting the findings. He talked about the challenge to create enough guidelines without atrocities in the B-3 downtown while allowing enough innovation. He talked about the departure system working effectively. He talked about the future results of the UDC revisions. He talked about future unintended consequences. 07:52:06 PM (01:53:57) Vote on the Motion that having reviewed and considered the application materials,public comment,Zoning Commission and Planning Board recommendations, and all the information presented, I hereby adopt the findings presented in the staff report for application 15320 and move to provisionally adopt Ordinance 1978, the Unified Development Code update zone text amendment. The motion passed 4-1. 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:Approve Commissioner-Chris Mehl:Approve 07:52:21 PM (01:54:12) Recess Mayor Taylor called the Commission into recess until 8:00 PM. 08:03:19 PM (02:02:24) Call to Order Mayor Taylor called the Commission back to order at 8:03 PM. 08:03:39 PM (02:02:45)Announcement Mayor Taylor announced the appellant has withdrawn their appeal in Item#5,Appeal of the Administrative Project Decision 17365 for the Links Condominiums Application 16374 Continued Review (Quasi-Judicial) (Krueger).This matter will not be heard. 2. 08:04:13 PM (02:03:18) Initiation of Amendments to Chapter 38, Bozeman Municipal Code (Unified Development Code, UDC) Developed During the UDC Update(Known as"Pile B") (Matsen) !°'a 08:04:30 PM (02:03:36)Staff Presentation Director of Community Development Marty Matsen explained that eight amendments are included in Pile B,which were not included in the notice for the UDC update. Marty stated that the stack of amendments adopted by the City Commission will be taken to the Zoning Commission and brought back to the Commission by March 31, 2018 with the main UDC document. Mr. Matsen presented the staff report of the eight amendments listed in detail. He explained that tonight,staff is looking for an action from the Commission to direct staff to go forward to the Zoning Commission with the amendments and then bring them back to the Commission. Page 12 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 08:08:24 PM (02:07:29) Discussion Mayor Taylor clarified his intention on the cottage house piece,which was to take away that maximum if it was at all an affordable housing project and give a benefit to building affordable housing across the board. He suggested staff make a recommendation as to what they think is best in light of the circumstances. Cr. Mehl pointed out there are two cottage housing bullet points and 38.360.110.E.1.f. does not refer to departures, so he is unclear on deleting the section regarding departures. He pointed out additional corrections. DM Andrus stated her recollection was that consideration was given to deleting the whole section of E.1., "small f." Cr. Mehl asked about staff and HRDC working together on the definition of transitional housing,and he noticed that's not indicated in the document. He referenced a public comment indicating an expectation it would be in Pile B. DM Andrus asked Cr. Mehl why his amendment could not be discussed during the affordable housing discussion or whether he's suggesting it goes in Pile B. Cr. Mehl indicated the definition of emergency transitional housing also has to do with homelessness and other things are not necessarily under the affordable housing area. Mayor Taylor asking whether an amendment is needed in that regard to put it into Pile B. CA Sullivan suggested that after public comment when they get to the motion,that should be added to the list that's included in the staff memo, as well as clarity for 38.360.110.E.1. 08:18:17 PM (02:17:22) Public Comment There was no public comment. 08:18:44 PM (02:17:50)Motion to initiate amendments to Chapter 38, BMC listed in the staff memorandum and which have previously been discussed by the City Commission during public hearings on the UDC Update which are referred to as "Pile B Amendments." Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy:2nd 08:19:09 PM (02:18:14) Discussion Cr. Krauss stated that he and Cr. Pomeroy are open to other changes. 08:19:18 PM (02:18:23)Amendment to the Motion to clarify the changes to Section 38.360.110.E.1.f. is just to delete that section. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd 08:20:04 PM (02:19:09) Discussion Cr. Mehl informed Mayor Taylor he is willing to make a clarifying amendment to the other cottage housing bullet point if he would like. Mayor Taylor suggested cutting out the words "with the same proportion" as suggested in the staff Page 13 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 memo. His intention was that every unit, if exceeded the maximum,would have to be affordable. Cr. Mehl inquired of staff whether this language is kept or not, it will be noticed appropriately so can be left this way and let it come back to them. CA Sullivan clarified that the idea is to make sure what was presented to the Zoning Commission captures their intent. Cr. Mehl clarified that Section 38.360.110.E.1 will be clear for what the Zoning Commission considers and the Commission, as an entity,will be considering this as well so there will be plenty of chances for more discussion. 08:23:00 PM (02:22:06) Vote on the Amendment to the Motion to clarify the changes to Section 38.360.110.E.1.f. is just to delete that section. The motion passed 5-0. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd Mayor-Carson Taylor:Approve DeputV Mayor-CVnthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 08:23:16 PM (02:22:21)Amendment to the Motion that the definition of Transitional and Emergency Housing and related services be included for consideration in the UDC. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd 08:23:37 PM (02:22:42) Discussion There was no discussion. 08:23:43 PM (02:22:49) Vote on the Amendment to the Motion that the definition of Transitional and Emergency Housing,and related services,be included for consideration in the UDC. The motion passed 5-0. Commissioner-Chris Mehl: Motion Deputy Mayor-CVnthia Andrus: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-CVnthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho PomeroV:Approve Commissioner-Chris Mehl:Approve 08:24:00 PM (02:23:05)Amendment to the Motion to amend Table 38.320.030.A,residential lot sizes, to reduce the minimum lot size in R-3,R-4, and R-5, as well R-0 and RMH for single household Page 14 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 dwellings to 2,200 feet. This only applies if the affordable housing qualifications are triggered.Also, reduce lot area minimums for R-3,R-4 and R-O to 2,000 feet and townhouses and row houses, including R-1,R-2,R-3,R-4,R-O and RMH,go from 2,500 feet to 2,200 feet. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd 08:25:27 PM (02:24:32) Discussion Cr. Mehl stated that the question for the Commission is whether we want to do this and what is the appropriate time. He talked about a concern that if someone is going to build a home and qualify for affordable housing,the land is the most expensive part. He would rather see it in combination with other affordable housing items,such as parking and densities,or financing for additional funding. DM Andrus suggests including this item in their affordable housing discussion.She asked for Mr. Matsen's perspective from doing it as a whole versus in Pile B. Mayor Taylor asked staff when they anticipate taking up affordable housing as a stand-alone issue related to the UDC. Cr. Mehl stated it's important to understand land will be a major driver. He will vote against his own amendment because of the commitment of what will take place in the future. 08:31:26 PM (02:30:31) Vote on the Amendment to the Motion to amend Table 38.320.030.A, residential lot sizes, to reduce the minimum lot size in R-3, R-4, and R-5, as well R-0 and RMH for single household dwellings to 2,200 feet. This only applies if the affordable housing qualifications are triggered.Also, reduce lot area minimums for R-3,R-4 and R-O to 2,000 feet and townhouses and row houses,including R-1,R-2,R-3,R-4,R-O and RMH,go from 2,500 feet to 2,200 feet. The motion failed 2-3. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus: Disapprove Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy: Disapprove Commissioner-Chris Mehl: Disapprove 08:32:31 PM (02:31:37) Discussion Cr. Mehl,for public information, outlined all the items under consideration in Pile B. 08:34:09 PM (02:33:15) Vote on the Motion to initiate amendments to Chapter 38,BMC listed in the staff memorandum and which have previously been discussed by the City Commission during public hearings on the UDC Update which are referred to as "Pile B Amendments." Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd Page 15 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 3. 08:34:29 PM (02:33:34) Presentation of Comprehensive Annual Financial Report and Results of the Financial Audit for Fiscal Year 2017 (LaMeres) !—P 08:34:58 PM (02:34:03)Staff Presentation City Controller Brian LaMeres introduced the audit presentation. Bill Mills,with Anderson ZurMuehlen, presented the results of the 2017 audit.The Audit Committee met with Anderson ZurMuehlen last week.The firm addressed questions last week, and there is a motion to take action on the annual audited financial statements tonight. Mr. Mills talked about the auditor required communication with the Audit Committee. 08:41:32 PM (02:40:38) Questions of Presenter and Staff Cr. Pomeroy asked Mr. Mills about the line item for Marcy's Law implementation and whether it is still valid. 08:43:12 PM (02:42:17) Public Comment There was no public comment. 08:43:21 PM (02:42:26)Motion to accept the Comprehensive Annual Financial Report and results of the financial audit for Fiscal Year 2017. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 08:43:50 PM (02:42:56) Discussion Cr. Pomeroy stated that she is always very amazed how our city finance department does so well with the numbers.She will support the motion. Cr. Mehl stated the Audit Committee voted unanimously to accept this report. He stressed the importance that the City do this and act transparently. He talked about the capabilities of the staff, there were no substantial concerns about the audit,and he will support the motion. DM Andrus will support it and support the motion and appreciates the hard work of the staff Cr. Krauss congratulated the Finance Department and commented on significant changes during the year. He talked about the responsibility being shared by all to maintain a high standard. Page 16 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 Mayor Taylor thanked Anderson ZurMuehlen for their service and stressed the importance for public government to have an independent firm analyze the work of the City. 08:48:06 PM (02:47:12) Vote on the Motion to accept the Comprehensive Annual Financial Report and results of the financial audit for Fiscal Year 201Z The motion passed 5-0. Commissioner- I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 4. 08:48:21 PM (02:47:26)A Conditional Use Permit(CUP)and Master Site Plan to Allow the Construction of a Mixed-Use Development Located at 3605 Baxter Lane, Lot R, Baxter Meadows Phase 2B Major Subdivision (Sundance Apartments);Application Including Provision of Parkland, Open Space and Other Related Site Improvements, CUP Allowing Residential Use on the Ground Floor in a B-2 District,Application 17514(Quasi-Judicial) (Rogers) a 08:48:56 PM (02:48:01)Staff Presentation Senior Planner Tom Rogers presented the staff report and the applicant submittal for the Sundance Phase 2 Conditional Use Permit& Master Site Plan Applications. Mr. Rogers also presented the Sundance Phase 2 MSP/CUP.This is a proposed mixed use development in an E-2 zone with 188 residential units apartment-style spanning 29,000 square feet of commercial,club house, parks, parking and other developments. 09:00:02 PM (02:59:07) Questions of Staff Cr. Mehl asked what is going on across the street immediately to the East. He further asked about the number of phases in the development. He asked about commercial being the last part of development. He asked if consideration was given to commercial being part of an earlier phase. He asked about the lift station. He further asked about code requirement and corrections at nine feet as part of the CUP and if there are any concerns with not going to a greater height in consideration of commercial plans in the future. He asked about the location of the parks master plan details. CA Sullivan stated the end of the application packet contains what has been submitted as a parks master plan. Cr. Mehl is looking for something from staff that stated they approved the master plan and inquired whether the Recreation and Parks Advisory Board has met and approved the plan. Mayor Taylor stated his understanding is the master plan,which would be submitted at a later date, would include a full view of what the park will look like and would include a narrative. He is not sure this would go in front of the Recreation and Parks Advisory Board. Page 17 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 Cr. Mehl asked whether the park master plan in the third motion is meant to be the final decision. He asked whether the master plan is separable and can be brought back later. He asked whether staff needs all three motions to pass tonight in order for this to carry forward or if the master plan motion can be separated. CA Sullivan suggested that if they do that,they should add a condition that prior to submittal of a formal site plan for any phase then they have to have the parks master plan approved by the Commission, which would allow them to continue with their master site plan approval and CUP. Cr. Pomeroy asked how this development contributes to existing traffic.She asked about types of proposed commercial buildings.She asked walk-ability and bike-ability in the development. DM Andrus asked whether there has been any commercial development in this area since this application was reviewed in 2016.She asked if the infrastructure will be done concurrently with the phases or prior. 09:20:56 PM (03:20:01)Applicant Presentation Jason Leep, representative of the applicant, presented the history of the application and why it took so long to bring it back to the Commission. He talked about the Baxter Meadows land partner's journey of building Sundance Phase I,Sundance Minor,and a similar application to phase one. He talked about the hearing by the Commission of the land use patterns versus details of the site plan. He talked about commercial use on the site. He continued to review the timeline of the project as well as details of the plan. 09:27:48 PM (03:26:53)Questions of First Applicant Cr. Pomeroy asked whether there are some affordable units. DM Andrus asked about the percentage of area median income people who could afford to live in the development.She asked Mr. Leep to expand on the idea of building commercial use before residential. Cr. Mehl asked whether he minds if we have a condition that they build the commercial pads at the same time as phase one. 09:30:50 PM (03:29:55)Questions of Second Applicant Mr.Turnbull presented highlights of the efforts of the redesign project. He stated they are in agreement with City staff's recommendations, and they intend to build the development all in one phase,which is more in the occupancy stage. DM Andrus reiterated her question about 54% median income affordability. 09:33:37 PM (03:32:42) Public Comment There was no public comment. 09:33:51 PM (03:32:56) Discussion Cr. Mehl asked staff if conditions are modified,whether it would be with the master site plan or CUP. CA Sullivan clarified they are combined conditions of approval so as the Commission adds conditions, the staff will need go through them to determine at the time that an actual site plan has been submitted whether they've all been met and how they will be met. Page 18 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 09:34:54 PM (03:34:00)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 17514 and move to approve the Sundance Apartments Master Site Plan with conditions and subject to all applicable code provisions. Commissioner-Chris Mehl: Motion DeputV Mayor-Cynthia Andrus: 2nd 09:35:15 PM (03:34:21)Amendment to the Motion that the commercial pads for Phases 8,9, and 10, as shown on Page 11 of the staff report,must be completed before occupancy can be granted for Phase 2. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd 09:35:41 PM (03:34:46) Discussion Cr. Mehl stated the applicant indicated they are agreeable to this, and he said Phase 2 instead of 1 to allow minor flexibility but it's still at the beginning of the project. He further stated this will help with the commercial viability of the project. 09:36:03 PM (03:35:08) Vote on the Amendment to the Motion that the commercial pads for Phases 8, 9, and 10, as shown on Page 11 of the staff report,must be completed before occupancy can be granted for Phase 2. The motion passed 4-1. 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:Approve Commissioner-Chris Mehl:Approve 09:36:16 PM (03:35:21) Discussion Cr. Mehl wanted to reference the parks master plan but needs to know from staff what the contingency is that they cannot do before the plan is approved. CA Sullivan stated they would want that to be submitted along with the first site plan. 09:36:33 PM (03:35:38)Amendment to the Motion that the Master Park Plan must be submitted along with the first site plan. Commissioner-Chris Mehl: Motion DeputV Mayor-Cynthia Andrus: 2nd Page 19 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 09:36:43 PM (03:35:48) Discussion Cr. Mehl stated it may be staff's doing, but we need to figure out what's going on with parks plan as quickly as reasonable. 09:37:32 PM (03:36:37) Vote on the Amendment to the Motion that the Master Park Plan must be submitted along with the first site plan. 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 09:37:48 PM (03:36:53) Discussion Cr. Mehl talked about the importance of the CIP process now that Baxter/Davis is on there and other projects can go forward. He stated he thinks this is a better mix in the long term interest of the community. He talked about the location and zoning of the same type of activity. DM Andrus appreciates the efforts of the applicant going back and listening to the Commission's request for some commercial but continuing to move forward on residential. Cr. Krauss stated he likes the other plan better. He thinks a significant amount of apartments are needed and is not sure how successful the strip along Davis will be for commercial use. He talked about the direction of the road and is concerned about what is being created. Cr. Pomeroy appreciates that the community needs more apartments and is pleased with the 188 units being created by this development.She will support the motion. Mayor Taylor stated that he appreciates the change, and we need to find more ways to build more walkable neighborhoods. 09:44:55 PM (03:44:00) 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 17514 and move to approve the Sundance Apartments Master Site Plan with conditions and subject to all applicable code provisions. The commercial pads for Phases 8,9,and 10,as shown on Page 11 of the staff report, must be completed before occupancy can be granted for Phase 2. The Master Park Plan must be submitted along with the first site plan. 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 Page 20 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 09:45:13 PM (03:44:18)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 17514 and move to approve the Sundance Apartments Conditional Use Permit with conditions and subject to all applicable code provisions. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd 09:45:33 PM (03:44:39) Discussion Cr. Mehl is in agreement with the staff findings,and the applicant also said they have no problem with memo in their discussion. It makes sense to have this mix. Mayor Taylor is in agreement with building the building at 9 feet and not creating long term commercial in an area where the expense of changing it might be too much. 09:46:20 PM (03:45:25) 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 17514 and move to approve the Sundance Apartments Conditional Use Permit with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner-Chris Mehl: Motion DeputV MaVor-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 09:46:34 PM (03:45:40)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 17514 and move to approve the Sundance Apartments Master Park Plan and subject to all applicable code provisions. 09:46:36 PM (03:45:41) Discussion Mayor Taylor stated the third motion is mooted by the first motion. 5. 4 6374 Continued Review (Quasi judieial (KFueg F) -)p APPEAL WITHDRAWN - HEARING CANCELLED 6. 09:46:48 PM (03:45:53) Lot 5A,Annie Subdivision Phase 2 Zone Map Amendment Requesting Amendment of the City Zoning Map for One Existing Lot Consisting of Page 21 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 Approximately 4.2419 Acres from R-3 Residential Medium Density to R-5 Residential Mixed Use High Density,Generally Located Northeast of the Intersection of North 27th Avenue and West Oak Street,Application 17300(Saunders) a 09:47:23 PM (03:46:29)Staff Presentation Director of Community Development Marty Matsen introduced the detailed staff report and entered it into the record. He described the property and presented the map. He explained the Zoning Commission public hearing was held on Tuesday, December 5, 2017. He stated the recommendation from staff is for approval. 09:49:29 PM (03:48:34) Questions of Staff There were no questions of staff. 09:49:39 PM (03:48:44) Presentation of Applicant The applicant, Rooted Investments, LLC, had nothing to add. 09:50:09 PM (03:49:14) Questions of the Applicant Cr. Mehl asked if they've seen the staff report. 09:50:32 PM (03:49:37) Public Comment There was no public comment. 09:50:43 PM (03:49:48)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 17300 and move to approve the Lot 5A,Annie Subdivision Phase 2 zone map amendment, with contingencies required to complete the application processing. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Jeff Krauss: 2nd 09:51:11 PM (03:50:16) Discussion DM Andrus stated she will be supporting this application. She talked about the application being in accordance with the Growth Policy,also that it is within the service area of the City with regard to fire safety.She talked about transportation improvements. Cr. Krauss stated he thinks it is important to note that R-3 is now many times a placeholder.This will move it up considerably and creates residential mixed use high density. He supports it. Cr. Pomeroy stated our community needs residential mixed use high density, and she will support it. 09:53:48 PM (03:52:53) 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 17300 and move to approve the Lot 5A,Annie Subdivision Phase 2 zone map amendment, with contingencies required to complete the application processing. The motion passed 5-0. Page 22 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 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 7. 09:54:00 PM (03:53:05) 2017 J & D Zone Map Amendment Requesting Amendment of the City Zoning Map for Two Existing Lots Consisting of 15.47 Acres from R-4 Residential High Density to R-0 Residential-Office,Generally Located between Fallon Street and West Babcock Street near their Intersection with Automotive Avenue, and is Legally Described as Lot R-2 of J & D Family Subdivision Phase 2 and Common Open Space B of J & D Major Family Subdivision Phase 1,Application 17439 (Saunders) ~C= 09:54:42 PM (03:53:48) Meeting Extended Mayor Taylor extended the Commission meeting until 10:15 PM. 09:54:47 PM (03:53:53)Staff Presentation Director of Community Development Marty Matsen presented the J & D Zone Map Amendment Application 17439. He outlined the proposed R-O(Residential Office District),which is two lots totaling 15.47 acres and vacant space which will be subdivided. He explained that staff has gone through the zoning criteria and recommends approval. 09:56:37 PM (03:55:42)Questions of Staff Cr. Mehl asked whether there were any conditions built in for wetlands or if they are waiting for the site plan. 09:57:04 PM (03:56:10)Applicant Presentation Trevor McSpadden presented the application on behalf of the applicant, Islands LLC. He reviewed their purpose of the project. He explained that this will ultimately be a subsequent subdivision, actually a PUD. He talked about contingencies in the staff report and asked about the 60-day requirement for materials submission for a PUD.They agree with the staff report. 10:00:24 PM (03:59:30)Questions of Applicant Cr. Krauss talked about and clarified the contingencies. 10:02:08 PM (04:01:13) Public Comment There was no public comment. 10:02:19 PM (04:01:24) Discussion Cr. Mehl asked for the opinion of staff. Mr. Matsen deferred to CA Sullivan. CA Sullivan stated 60 days is pretty tight. He stated the Commission can extend the time period. Cr. Mehl asked if Mr. Matsen needs anything from the Commission to move forward. Page 23 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 10:04:22 PM (04:03:27)Motion that having reviewed and considered the staff report, application materials,public comment,all information presented,and recommendation of the Zoning Commission at the public hearing on December 5,2017,1 hereby adopt the findings presented in the staff report for application 17439 and move to approve the J&D zone map amendment, with contingencies required to complete the application processing.Amending contingency#4 to read"within 180 days". Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd 10:04:57 PM (04:04:02) Discussion Cr. Krauss commented he is still uncertain why anyone would make this move from R-4 to R-O but it is an interesting area with the wetlands and automobile dealership and could be challenging. He will support the motion. Cr. Pomeroy agrees with Cr. Krauss with usual changes from low density to high density, but this one is high density to R-O, and although she doesn't understand the reasons,she will support it. Cr. Mehl is very interested in the live/work approach and what comes out of that,through the PUD or otherwise. He stated the Commission will try to keep their eye on PUD as the applicant goes forward. DM Andrus also supports the project and commented the live/work idea could be done in R-4 if they did a CUP but and R-O makes the project a little more flexible. Mayor Taylor agreed. 10:06:39 PM (04:05:44) Vote on the Motion that having reviewed and considered the staff report, application materials,public comment,all information presented, and recommendation of the Zoning Commission at the public hearing on December 5,2017,I hereby adopt the findings presented in the staff report for application 17439 and move to approve the J&D zone map amendment, with contingencies required to complete the application processing.Amending contingency#4 to read "within 180 days". The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 8. 10:07:01 PM (04:06:07) Ordinance 1992 Provisional Adoption, Amending the Salaries of the City Commissioners and Mayor(Surratt) '0-1 a 10:07:30 PM (04:06:36)Staff Presentation CM Surratt and CA Sullivan presented information related to commissioner and mayor salaries. The purpose of the proposal tonight is to consider increasing commissioner and mayor salaries. CM Surratt presented a chart and reviewed newly proposed salaries and incidental expenses and made a comparison Page 24 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 to what is currently in the Municipal Code. She explained comparisons were made with other towns in Montana and two other western states that are similarly complex and growing.She stated these proposed changes would go into effect two years from now. 10:11:17 PM (04:10:22)Questions of staff Cr. Krauss asked about the effective dates according to the Charter. CA Sullivan clarified the effective dates stated in the Charter and applies to all commissioners. 10:14:13 PM (04:13:18) Meeting Extended Mayor Taylor extended the Commission meeting until 10:30 PM. 10:14:17 PM (04:13:23)Continued Discussion DM Andrus asked about the monthly allowance effective date of 2017, and CM Surratt explained it was a typo. 10:15:03 PM (04:14:08) Public Comment There was no public comment. 10:15:16 PM (04:14:21)Motion to provisionally adopt Ordinance 1992 including the revised salaries and expenses of the City Commissioners and the Mayor. Commissioner- I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd 10:15:40 PM (04:14:45) Discussion Cr. Pomeroy agrees that the demands on the job have increased and she thinks better pay would attract more people for the job.She will support the motion. Cr. Mehl asked CA Sullivan if he is satisfied with the motion on the agenda versus the motion in the staff memo. He will support the motion and commented the ultimate accountability is with the voters and will be two years before anything can go into effect. He talked about the financial impact of families who take a loss while trying to serve due to time cutting in to their day jobs. DM Andrus will support it. She thinks as our community grows the responsibility of this commission also grow and the amount of time it takes to do this job grows. Cr. Krauss does not believe things are tougher now than they were in the past. He will not support the motion. He is not convinced paying more money would allow for better people legislatively and this is a public civil position. Mayor Taylor believes the job of the commission is significantly greater than it was when he started eight years ago. He believes there will be a desire to do public service,and salary motivates people.He supports balancing the salary so people can afford to do this job well but keep some other employment. He doesn't want a commission of people who are retired. Page 25 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 10:29:34 PM (04:28:39) Meeting Extended Mayor Taylor extended the Commission meeting until 10:35 PM. 10:29:41 PM (04:28:47) Discussion Continued Mayor Taylor continued to talk about the percentage by which the raises are being proposed and the comparables to other towns and commissions. He believes this is the right move. Cr. Krauss pointed out a couple of years ago there was an opportunity to expand the commission from 5-7 people, and he thinks that would have been a better representation. He thinks the position looks less attractive with higher salaries. Cr. Mehl pointed out he supported increasing the number of commissioners but voters said no. He stated by Charter we will have to do it again and will find out what they think at that time. 10:32:47 PM (04:31:53) Meeting Extended Mayor Taylor extended the Commission meeting until 10:45 PM, 10:32:49 PM (04:31:55) Discussion Continued Cr. Krauss continued to explain what happened with the vote on the Charter in 2006 and what the City Commission's vote was to put it on the ballot. Mayor Taylor stated his recollection is that it's a public vote and asked for CA Sullivan's input. He talked about his hope of a local government study commission at the time and that it was turned down by a vote. CA Sullivan recalled a 2010 vote whether to go from 4-1 (Commission/Mayor)to 6-1 (Commission/Mayor). 10:35:46 PM (04:34:51) Vote on the Motion to provisionally adopt Ordinance 1992 including the revised salaries and expenses of the City Commissioners and the Mayor. 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 9. 10:35:59 PM (04:35:05)Appointment(s)to the Bozeman Parking Commission (Sweeney) a 10:36:07 PM (04:35:12) Motion to appoint Shasta Winston to a position on the Bozeman Parking Commission expiring June 30,2019 and to appoint Mark Egge to a position on the Bozeman Parking Commission expiring June 30,2021. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Jeff Krauss: 2nd Page 26 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 10:36:29 PM (04:35:34) Public Comment There was no public comment. 10:36:36 PM (04:35:41) Discussion There was no discussion. 10:36:47 PM (04:35:52) Vote on the Motion to appoint Shasta Winston to a position on the Bozeman Parking Commission expiring June 30,2019 and to appoint Mark Egge to a position on the Bozeman Parking Commission expiring June 30,2021. The motion passed 5-0. Deputy Mayor-CVnthia Andrus: Motion Commissioner-Jeff Krauss: 2nd MaVor-Carson TaVlor:Approve DeputV Mayor-CVnthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve H. 10:36:59 PM (04:36:04) FYI/Discussion • Mayor Taylor reminded the Commission there will be a special meeting on January 4, 2018 to finish the second readings of any pending items, and the regularly scheduled Commission will be held on Monday,January 8, 2018. • Cr. Mehl mentioned the inquiry from the Adult Bozeman Soccer League regarding using Bronken Fields due to some issues they are facing,as well as the response from Tom White that it's booked. Cr. Mehl will speak with Mitch Overton to see if they can work with MSU, Belgrade or the Bozeman School District to help the soccer folks for a year. He will come back to CM Surratt and the Commission with answer. Cr. Krauss wants to find a way to "yes" and if there isn't a way, he wants it on the agenda. • DM Andrus wanted the Commission to know that the Parking Commission talked about creating new parking districts north and south of the B-3 area, as well as the current parking districts to see if there are changes to make in those areas. She confirmed this item will be on their agenda from now through April, and they will come back with suggestions in May. I. 10:40:48 PM (04:39:54)Adjournment Mayor Taylor adjourned the meeting at 10:41 PM. Cynthia L.Andrus Mayor Page 27 of 28 Bozeman City Commission Meeting Minutes,December 18,2017 ATTEST: U• r� Robin Crough • ��3 City Clerk ��L• , ■ ■ ,•110 PREPARED BY: Brenda Sweeney Deputy City Clerk Approved on: Page 28 of 28