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HomeMy WebLinkAbout04-09-18 City Commission Packet Materials - MIN. March 2018 Minutes Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Robin Crough, City Clerk Andrea Surratt, City Manager SUBJECT: Approve the Regular Meeting Minutes from March 5, March 19, and March 26, 2018, and User Access to Linked Minutes MEETING DATE: April 9, 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 March 5, 2018 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 March 19, 2018 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 March 26, 2018 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 City Commission Minutes as submitted. SUGGESTED MOTION: I move to approve the City Commission minutes from March 5, March 19, and March 26, 2018 as submitted. BACKGROUND: In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment 8 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: None. FISCAL EFFECTS: None. Attachments: Draft Minutes Report Prepared on March 30, 2018 9 Page 1 of 20 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, March 05, 2018 Mayor - Cynthia Andrus: Present Deputy Mayor - Chris Mehl: Present Commissioner - Jeff Krauss: Present Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Present Staff Present at the Dais: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, Deputy City Clerk Brenda Sweeney, Assistant City Manager (ACM) Chuck Winn A. 06:00:00 PM (00:01:31) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 6:00 PM. B. 06:00:11 PM (00:01:42) Pledge of Allegiance and a Moment of Silence C. 06:00:50 PM (00:02:21) Changes to the Agenda There were no changes to the agenda. D. 06:00:56 PM (00:02:27) Authorize Absence – Commissioner I-Ho Pomeroy 06:01:00 PM (00:02:31) Motion to authorize the absence of Commissioner I-Ho Pomeroy. The motion passed 4-0. Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve E. 06:01:23 PM (00:02:54) Public Service Announcements 10 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 2 of 20 1. No City Commission Meeting on March 12, 2018 (Sweeney) F. 06:01:34 PM (00:03:05) FYI • Mayor Andrus asked the Commission to try to end tonight’s meeting by 10:00 PM. • Cr. Krauss pointed out that with regard to Citizen Advisory Board commission liaison assignments, he will have a difficult time attending the Bozeman Historical Preservation Advisory Board meetings on Tuesday nights. G. 06:02:56 PM (00:04:27) Commission Disclosures There were no Commission Disclosures. H. 06:03:07 PM (00:04:38) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Formal Cancellation of the March 12, 2018 City Commission Meeting (Crough)  3. Approve the Final Commission Liaison Assignments to Citizen Advisory Boards for 2018-2020 (Sweeney)  4. Approve the Final Plat for the Norton East Ranch Phase 3B Major Subdivision and Authorize the Director of Public Works to Execute the Same on behalf of the City of Bozeman (Quasi- Judicial) (Rogers)  5. Authorize the City Manager to Sign a Temporary Public Street Easement and Conditional Irrevocable Offer of Dedication with the Billion Family Limited Partnership for the Billion Reconditioning Project (Nielsen)  6. Authorize the City Manager to Sign a Utility Easement with Bellwether Renovations, LLC for the Smith Subdivision Annexation Project (Nielsen)  7. Authorize the City Manager to Sign a Professional Services Agreement with Peck Forestry, Inc. to Provide $10,000 for Fuel Reduction Planning and Logistics for the Sourdough Watershed (Heaston)  8. Authorize the City Manager to Sign a Professional Services Agreement with Plan It Geo, LLC for a City-Wide Tree Inventory (Nordquest)  9. Authorize the City Manager to Sign a Professional Services Agreement with Urban3, LLC for Modeling the Economic Value of Land Uses in Bozeman and Gallatin County (Fine/Naumann)  10. Resolution 4895, Guaranteed Maximum Price Amendment Number 6 with Dick Anderson Construction, Inc. for the Maynard Pipeline Re-Alignment for the Bozeman Sports Park (Poissant)  06:03:12 PM (00:04:43) City Manager Overview CM Surratt provided a brief overview of Consent Items 1-10. 06:06:31 PM (00:08:02) Public Comment 11 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 3 of 20 There was no public comment. 06:06:43 PM (00:08:14) Motion and Vote to approve Consent Items 1-10 as submitted. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve I. 06:07:03 PM (00:08:34) Public Comment There was no public comment. J. 06:07:48 PM (00:09:19) Special Presentation 1. 06:08:01 PM (00:09:32) Quarterly Financial Report (Rosenberry)  ACM Anna Rosenberry provided the quarterly financial budget report, which is an update to the budget adopted last summer. 06:16:27 PM (00:17:58) Questions of Staff Cr. Cunningham asked about planning fees for the community development fund and whether they need to remain in community development. Cr. Krauss asked about underspending on the capital side. DM Mehl asked about the rolling average used for impact fees as well as special assessments and interest in loan repayments. Mayor Andrus asked about any items of concern with regard to revenues or expenditures the commission should be aware of looking ahead two quarters. K. 06:22:54 PM (00:24:25) Action Items 1. 06:22:59 PM (00:24:30) Continued from February 12, 2018: Strategic Plan for the City of Bozeman, Action Items for Vision Statement Section 7, and Final Revisions of All Vision Strategies and Action Items (Surratt)  06:24:55 PM (00:26:26) Section 7 Action Items 06:25:18 PM (00:26:49) Motion to approve the Action Items for Vision Statement Section 7 with changes as discussed. 12 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 4 of 20 Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 06:25:33 PM (00:27:04) Discussion DM Mehl stated the commission has gone through the verbiage of the items 7.1-7.5 and amended them as well as 7.1–7.3. He does not think 7.5 has any action items and would leave 7.4 alone. Cr. Cunningham agrees with the spirit of the motion and believes CM Surratt has gone through items in Section 7, but he would like to amend the motion. 06:27:47 PM (00:29:18) Amendment to the Motion to pull 7.2 b out of the parking lot and amend it so it reads “Enhance the attractiveness of city as a place to work through salary and benefit packages, workplace amenities and facilities, as well as professional development.” Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 06:28:42 PM (00:30:13) Discussion Cr. Cunningham would like professional development to be included in one of the action items. DM Mehl asked whether “Best in Class employer” was suggested by CM Surratt originally. He will support the motion. Cr. Krauss will oppose the motion and thinks it sends the wrong message. Mayor Andrus will support the motion. 06:36:04 PM (00:37:35) Vote on the Amendment to the Motion to pull 7.2 b out of the parking lot and amend it so it reads “Enhance the attractiveness of city as a place to work through salary and benefit packages, workplace amenities and facilities, as well as professional development.” The amendment passed 3-1. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 06:36:13 PM (00:37:44) Amendment to the Motion to move 7.2 d back into Section 7. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 06:36:50 PM (00:38:21) Discussion 13 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 5 of 20 Cr. Krauss sees this as an issue for new employees in a lot of organizations. DM Mehl supports it. Cr. Cunningham agrees and will support the motion. 06:39:05 PM (00:40:36) Vote on the Amendment to the Motion to move 7.2 d back into Section 7. The amendment passed 4-0. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 06:39:22 PM (00:40:53) Vote on the Motion as Amended to approve the Action Items for Vision Statement Section 7 to including 1) pull 7.2 b out of the parking lot and amend it so it reads “Enhance the attractiveness of the city as a place to work through salary and benefit packages, workplace amenities and facilities, as well as professional development”; and 2) move 7.2 d back into Section 7. The motion passed 4-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 06:39:31 PM (00:41:02) Motion to adopt the Strategic Plan for the City of Bozeman. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 06:39:50 PM (00:41:21) Discussion DM Mehl thinks we’re in good shape with a couple of small changes in Sections 1-6. Cr. Cunningham supports the motion recognizing he would like to discuss one or two more items. 06:41:20 PM (00:42:51) Motion to move 5.2 e from the parking lot into the Strategic Plan. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 14 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 6 of 20 06:41:56 PM (00:43:27) Discussion Cr. Cunningham talked about a program called “Municipal Percent for the Art” which has been adopted by certain municipalities and wants to learn more about that as a concept. DM Mehl commented it’s a modest program and will be meeting in a month to go in front of the public. Cr. Krauss will not support the motion. Mayor Andrus spoke to the motion as something she is interest in and is a new initiative for the city. 06:45:01 PM (00:46:32) Vote on the Motion to move 5.2 e from the parking lot into the Strategic Plan. The motion passed 3-1. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 06:45:11 PM (00:46:42) Motion to amend 6.3 a to add “…, and explore a voluntary energy efficiency incentive program, or stretch code, to encourage new residential and commercial construction to exceed the performance standards of the currently adopted building energy code.” Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 06:46:39 PM (00:48:10) Discussion Cr. Cunningham talked about working with the development community to find a voluntary program to achieve our climate action plan. DM Mehl asked about how staff will be guided in the coming fiscal year with regard to working on the climate plan. Cr. Cunningham talked about the thoughts behind giving flexibility to staff to do the new climate action plan in the motion. 06:49:53 PM (00:51:24) Questions of Staff DM Mehl asked Sustainability Program Director Natalie Meyer what happened to the voluntary building code for green building efforts. 06:52:08 PM (00:53:39) Discussion Cr. Krauss asked Cr. Cunningham whether anyone can exceed the energy efficiency of the building code now and whether he’s intending to spend general fund money on this. Cr. Cunningham talked about an incentive for a builder to recognize the rewards for exceeding the basic 15 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 7 of 20 building code. DM Mehl asked how it’s ongoing and how this enhances that effort. Cr. Cunningham talked about the attempts made but no program developed. Mayor Andrus asked Cr. Cunningham whether he envisions this to be the same as affordable housing incentives. Cr. Cunningham talked about the ways to incent. DM Mehl will support it in the spirit of looking into it. Mayor Andrus likes the thought of exploring ideas and will support it. 06:57:17 PM (00:58:48) Vote on the Motion to amend 6.3 a to add “…, and explore a voluntary energy efficiency incentive program, or stretch code, to encourage new residential and commercial construction to exceed the performance standards of the currently adopted building energy code.” The motion assed 4-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 06:57:42 PM (00:59:13) Motion to move 4.2 d into Section 4.3. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 06:58:27 PM (00:59:58) Discussion DM Mehl stated it’s a housekeeping change. Cr. Krauss stated it fits in very well. 06:59:08 PM (01:00:39) Vote on the Motion to move 4.2 d into Section 4.3. The motion passed 4-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 06:59:30 PM (01:01:01) Motion to eliminate 4.4 b. 16 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 8 of 20 Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 06:59:38 PM (01:01:09) Discussion DM Mehl stated it’s redundant and another housekeeping change. Cr. Krauss asked about the location of 4.2. DM Mehl clarified the purpose of the elimination. 07:01:26 PM (01:02:57) Vote on the Motion to eliminate 4.4 b. The motion passed 4-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 07:01:57 PM (01:03:28) Vote on the Motion to adopt the Strategic Plan for the City of Bozeman. The motion passed 3-1. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 07:02:09 PM (01:03:40) Discussion CM Surratt talked about next steps for the Strategic Plan with regard to public access and final version. 2. 07:03:55 PM (01:05:26) Resolution 4887, Amending the City’s Annual Budget for the Tax Increment Financing District Downtown Fund Appropriations for the Fiscal Year Ending June 30, 2018 (FY18) for Floodplain Mapping Services (Donald)  07:04:29 PM (01:06:00) Staff Presentation Finance Director Kristin Donald stated the purpose of the resolution which is to amend the downtown TIF fiscal appropriations for FY18. She turned the presentation over to Senior Engineer Brian Heaston who presented the background of the project. 17 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 9 of 20 07:07:46 PM (01:09:17) Questions of Staff Cr. Cunningham asked if this is a requirement by FEMA and what information this provides the public. Cr. Krauss asked for clarification of the flood maps presented. DM Mehl asked staff to summarize the letter from FEMA about the modeling of the mapping. 07:13:41 PM (01:15:12) Public Comment Mayor Andrus opened public comment. 07:13:53 PM (01:15:24) Chris Naumann, Public Comment Chris Naumann, Executive Director of the Downtown Bozeman Partnership, stated both the Business Improvement District and Urban Renewal District boards are supportive finically of Phases 1 and 2. 07:15:22 PM (01:16:53) Clarification from Staff CM Surratt clarified the two separate action items of Resolution 4887 and Mr. Heaston’s presentation on the whole project. 07:15:56 PM (01:17:27) Motion to adopt Resolution 4887, Amending the City’s Annual Budget for the Tax Increment Financing District Downtown Fund Appropriations for the Fiscal Year Ending June 30, 2018 (FY18) for Floodplain Mapping Services. Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd 07:16:27 PM (01:17:58) Discussion Cr. Cunningham had no comment. Cr. Krauss stated this was also approved and recommended by the TIF District. DM Mehl reiterated the importance of this generational map. Mayor Andrus will be supporting this as well. 07:17:37 PM (01:19:08) Vote on the Motion to adopt Resolution 4887, Amending the City’s Annual Budget for the Tax Increment Financing District Downtown Fund Appropriations for the Fiscal Year Ending June 30, 2018 (FY18) for Floodplain Mapping Services. The motion passed 4-0. Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 3. 07:17:55 PM (01:19:26) Amendment Number 2 to the Professional Services Agreement with 18 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 10 of 20 Allied Engineering Authorizing Additional Funding to Complete the Downtown Area Flood Mapping Refinement, and Also Authorizing the Design and Permitting of Streambank Stabilization Measures for Bozeman Creek at the City Hall Property (Heaston)  07:18:14 PM (01:19:45) Staff Presentation Senior Engineer Brian Heaston talked about the two components of the amendment to the Professional Services Agreement. 07:19:12 PM (01:20:43) Discussion Cr. Krauss asked about the design and trying to slow down the velocity of the water. DM Mehl asked about the total cost. Cr. Cunningham asked about the stream bank stabilization project timing. Mayor Andrus asked about the impacts downstream. 07:21:27 PM (01:22:58) Public Comment There was no public comment. 07:21:43 PM (01:23:14) Motion to approve Amendment Number 2 to the Professional Services Agreement with Allied Engineering and authorize the City Manager to execute the amendment on behalf of the City to provide $59,987 to complete the downtown area flood mapping refinement, and to provide $8,489 for the design and permitting of streambank stabilization measures for Bozeman Creek at the City Hall property. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 07:22:12 PM (01:23:43) Discussion Cr. Krauss raised concern about increasing the velocity of the stream. He will vote for approval. 07:23:15 PM (01:24:46) Vote on the Motion to approve Amendment Number 2 to the Professional Services Agreement with Allied Engineering and authorize the City Manager to execute the amendment on behalf of the City to provide $59,987 to complete the downtown area flood mapping refinement, and to provide $8,489 for the design and permitting of streambank stabilization measures for Bozeman Creek at the City Hall property. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent 19 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 11 of 20 Commissioner - Terry Cunningham: Approve 4. 07:23:26 PM (01:24:57) The Local (RSVP Event Center) Conditional Use Permit Application for Sales of Alcohol for On-Premises Consumption in an Existing Building within the B-2M Zoning District, Located at 506 North 7th Avenue, Application 17485 (Quasi-Judicial) (Jadin)  07:23:53 PM (01:25:24) Staff Presentation Associate Planner Addi Jadin presented the Conditional Use Permit for The Local (RSVP Event Center) for alcohol sales. She presented the overall site layout, the specific area proposed for alcohol sales and the criteria of the evaluation. 07:29:51 PM (01:31:22) Questions of Staff DM Mehl asked about the location of the patio. Mayor Andrus asked for clarification on the proposed location for alcohol sales. DM Mehl asked for further details of the areas where alcohol can be consumed, and he asked about parking. Cr. Cunningham asked about the capacity of people. He asked about the school district receiving notice. 07:36:45 PM (01:38:16) Presentation of Applicant Hillary Folkvord, property owner, presented details of the project site. 07:37:26 PM (01:38:57) Questions of Applicant DM Mehl asked about the alcohol consumption plan. 07:39:27 PM (01:40:58) Public Comment There was no public comment. 07:39:40 PM (01:41:11) Clarification from Staff Associate Planner Addi Jadin talked about concerns regarding the narrative that came with the application and making sure the application can alter that part of the record. CA Sullivan asked staff about the proposed amendment to the condition. 07:42:35 PM (01:44:06) Questions of Staff DM Mehl asked how differently the condition would have been done in terms of the application. Mayor Andrus wants to be sure everyone is of the same understanding and will take a break for review. 07:43:21 PM (01:44:52) Recess Mayor Andrus called the Commission into a five minute recess. 20 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 12 of 20 07:48:17 PM (01:49:48) Call to Order Mayor Andrus called the Commission back to order at 7:48 PM. 07:48:22 PM (01:49:53) Clarification from Staff Continued Director of Community Development Marty Matsen talked about the potential change in the staff’s recommendation given the new information and the response from CA Sullivan. 07:50:12 PM (01:51:43) 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 17485 and move to approve the conditional use permit, with conditions, including the revision of Condition #3 in the staff memo provided, and subject to all applicable code provisions. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 07:50:38 PM (01:52:09) Discussion DM Mehl is delighted to support the motion in all aspects of the project. Cr. Cunningham also likes the concept. Cr. Krauss supports the project and motion. CA Sullivan encouraged the commission to consider adjusting the conditions to add approval to serve alcohol on premise only for groups on site for events. Mayor Andrus will support this and reiterated what the commission is approving, which is that alcohol can be served on the premise only for private events and they are not approving any other use at this time in the area specifically designated. DM Mehl asked CA attorney whether his intent is to pass a condition not just give legislative history. CA Sullivan stated his preference is to add a condition to #3. 07:58:55 PM (02:00:26) Amendment to the Motion to replace Condition #3 with “Approval is to serve alcohol on premise only for groups by reservation for private events. This approval does not authorize retail beer and wine sales for any use other than for private events. Any modification of the Montana Department of Revenue beer and wine license requires review and approval of a new special use permit as required under applicable regulations of the BMC. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 07:59:35 PM (02:01:06) Discussion DM Mehl supports the motion for reasons outlined by CA Sullivan. Cr. Cunningham supports the amended motion. 21 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 13 of 20 08:00:13 PM (02:01:44) Vote on the Amendment to the Motion to replace Condition #3 with “Approval is to serve alcohol on premise only for groups by reservation for private events. This approval does not authorize retail beer and wine sales for any use other than for private events. Any modification of the Montana Department of Revenue beer and wine license requires review and approval of a new special use permit as required under applicable regulations of the BMC. The amendment passed 3-1. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 08:00:40 PM (02:02:11) Vote on the Motion as Amended that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 17485 and move to approve the conditional use permit, with conditions, including the revision of Condition #3 in the staff memo provided, [“Approval is to serve alcohol on premise only for groups by reservation for private events. This approval does not authorize retail beer and wine sales for any use other than for private events. Any modification of the Montana Department of Revenue beer and wine license requires review and approval of a new special use permit as required under applicable regulations of the BMC.”], and subject to all applicable code provisions. The motion passed 4-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 5. 08:00:53 PM (02:02:24) The Shed Distillery Conditional Use Permit Application for Sales of Alcohol for On-Premises Consumption, Located at 706 North 7th Avenue, Application 17555 (Quasi-Judicial) (Johnson)  08:01:10 PM (02:02:41) Staff Presentation Senior Planner Courtney Johnson presented the Shed Distillery Conditional Use Permit. She talked about the intent of the application, which is for a domestic distillery license in the B2M District. 08:07:19 PM (02:08:50) Questions of Staff Cr. Cunningham asked about requirements for some level of security. DM Mehl asked about signage. 22 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 14 of 20 Mayor Andrus asked about further upgrades to the building. 08:09:34 PM (02:11:05) Questions of Applicant Cr. Cunningham asked his passion to bring this business to the public. DM Mehl asked if the applicant has seen the staff report and minor change. 08:10:53 PM (02:12:24) Public Comment There was no public comment. 08:11:04 PM (02:12:35) 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 17555 and move to approve the Shed Distillery On-Premise Consumption of Alcohol Conditional Use Permit with conditions and subject to all applicable code provisions. Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd 08:11:30 PM (02:13:01) Discussion Cr. Cunningham talked about small businesses as the backbone in small communities. Cr. Krauss supports the motion. Mayor Andrus appreciates the activity on 7th and will support the motion. 08:12:16 PM (02:13:47) 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 17555 and move to approve the Shed Distillery On-Premise Consumption of Alcohol Conditional Use Permit with conditions and subject to all applicable code provisions. The motion passed 4-0. Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 6. 08:12:26 PM (02:13:57) Interstate 90 Speed Limit Reduction Letter of Support (Waldo)  08:12:40 PM (02:14:11) Staff Presentation Fire Chief Josh Waldo talked about where the language comes from for establishing the speed limit. He talked about the last speed study in 2016. He talked about the increase in traffic volume on the 23 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 15 of 20 interstate which increases demand for public safety. He talked about recommendations. 08:22:29 PM (02:24:00) Questions of Staff Cr. Krauss asked if staff went to the county with this information. DM Mehl asked if the biggest safety issue for personnel is the highway. Cr. Cunningham talked about a letter signed by members of Public Safety. He asked about the range of incidents to which they are responding. DM Mehl asked about mile markers. Mayor Andrus asked about the various studies that could be conducted as compared to the 2016 study. 08:30:12 PM (02:31:43) Public Comment Mayor Andrus opened public comment. 08:30:24 PM (02:31:55) Mike Cech, Public Comment Mr. Cech is the Fort Ellis Fire Chief and talked about the area they cover as well as the number of incidents they respond to over the period of a year. 08:33:01 PM (02:34:32) Andy Egstad, Public Comment Mr. Egstad is the director and operations manager for American Medical Response, and he talked about the area of the majority of interstate accidents to which they respond. 08:34:11 PM (02:35:42) Ralph Zimmer, Public Comment Mr. Zimmer is chair of the Pedestrian and Traffic Safety Committee. He stated the committee has discussed the issue twice and voted unanimously to recommend to the state to lower the speed limit. 08:38:07 PM (02:39:38) Marilee Brown, Public Comment Ms. Brown is with Citizens for a Safer Bozeman and Gallatin County, talked about the difference between a speed study and a speed review. 08:40:45 PM (02:42:16) Motion to authorize the mayor to sign and send a letter to the Montana Department of Transportation requesting a temporary reduction in the Interstate 90 speed limit to 60 mph, using the Urban Boundary, until a new speed study can be conducted. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 08:41:13 PM (02:42:44) Discussion Cr. Krauss talked about the prioritization of this topic by Bozeman and Public Safety and his concerns about enforcement to passenger cars and not semi-trucks. DM Mehl asked if asking for 60 instead of 65 decreases chances of success. 08:47:22 PM (02:48:53) Public Comment 24 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 16 of 20 Mayor Andrus re-opened public comment for an expert’s response. Fire Chief Josh Waldo responded. 08:47:49 PM (02:49:20) Discussion DM Mehl talked about agencies who discussed safety to do their jobs. He talked about keeping our responders safe. Cr. Cunningham commented this is a public safety and work force safety issue. Mayor Andrus commented her understanding is it’s a high safety concern and talked about the increase in traffic numbers. 08:57:23 PM (02:58:54) Vote on the Motion to authorize the mayor to sign and send a letter to the Montana Department of Transportation requesting a temporary reduction in the Interstate 90 speed limit to 60 mph, using the Urban Boundary, until a new speed study can be conducted. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 7. 08:57:35 PM (02:59:06) Resolution 4891, Growth Policy Amendment to the Bozeman Community Plan to Repeal the North 19th Avenue / Oak Street Corridor Master Plan Originally Adopted in 1997 (Rogers)  08:57:55 PM (02:59:26) Staff Presentation Senior Planner Tom Rogers presented the jurisdictional boundaries of the N. 19th/Oak Corridor Master Plan Repeal and talked about the history of the original plan. 09:08:59 PM (03:10:30) Questions of Staff DM Mehl asked about the public comment at the Planning Meeting. Cr. Cunningham asked if there a recognized neighborhood groups within this area. Cr. Krauss asked whether they are removing a layer of regulations and entitlements. Mayor Andrus asked about continuing to leave this in place and conflicting with the UDC in terms of plans of growing the city. 09:18:17 PM (03:19:48) Public Comment There was no public comment. 09:18:34 PM (03:20:05) Motion that having reviewed and considered the application materials, public 25 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 17 of 20 comment, and all the information presented, I hereby adopt the findings presented in the staff report for Resolution 4891, a resolution to amend the growth policy, per application 18043 to repeal the North 19th Avenue / Oak Street Master Plan and move to adopt Resolution 4891. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 09:19:08 PM (03:20:39) Discussion DM Mehl thinks repealing it is prudent. Cr. Cunningham adopts the findings of the staff report. Cr. Krauss talked about his concerns around iterating 19th. He will support the motion. Mayor Andrus will support the motion. 09:23:44 PM (03:25:15) 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 Resolution 4891, a resolution to amend the growth policy, per application 18043 to repeal the North 19th Avenue / Oak Street Master Plan and move to adopt Resolution 4891. The motion passed 4-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 8. 09:23:55 PM (03:25:26) Resolution 4614, Delegating Authority for Approval of Requests for Cash-in-lieu of Parkland and Construction of Improvements-in-lieu of Parkland to the Director of Parks and Setting the Circumstances When Such Delegation Applies (Saunders)  09:24:18 PM (03:25:49) Staff Presentation Community Development Manager Chris Saunders stated this is a continuation and potential completion of a process that began in 2014. He talked about the purpose of the resolution. The talked about the five components of the delegation. 09:28:38 PM (03:30:09) Questions of Staff Cr. Krauss asked how it will be known when there is a site plan coming up involving cash-in-lieu we might want to reclaim. 26 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 18 of 20 09:29:52 PM (03:31:23) Public Comment There was no public comment. 09:30:06 PM (03:31:37) Motion that having reviewed and considered the staff memorandum, public comment, and all information presented, I hereby move to adopt Resolution 4614 to delegate authority for approval of requests for cash-in-lieu of parkland and construction of improvements-in- lieu of parkland to the Director of Parks and setting the circumstances when such delegation applies. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 09:30:35 PM (03:32:06) Discussion Cr. Cunningham is satisfied with the process by which this will create an opportunity for thorough review of consistency, law, and ordinances. DM Mehl agrees with the staff presentation and memo and thinks the plan makes sense. Cr. Krauss will vote no. Mayor Andrus talked about the importance on parks placed by the community and thinks this is a good process. 09:37:02 PM (03:38:33) Vote on the Motion that having reviewed and considered the staff memorandum, public comment, and all information presented, I hereby move to adopt Resolution 4614 to delegate authority for approval of requests for cash-in-lieu of parkland and construction of improvements-in-lieu of parkland to the Director of Parks and setting the circumstances when such delegation applies. The motion passed 3-1. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 9. 09:37:16 PM (03:38:47) Appointment(s) to the Bozeman Beautification Advisory Board (BBAB) (Sweeney)  09:37:24 PM (03:38:55) Motion to appoint Mary Harris and Amanda Jungles to the Bozeman Beautification Advisory Board to terms expiring June 30, 2019 and Brandy Tudor to the term expiring June 30, 2020. 27 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 19 of 20 Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 09:37:43 PM (03:39:14) Vote on the Motion to appoint Mary Harris and Amanda Jungles to the Bozeman Beautification Advisory Board to terms expiring June 30, 2019 and Brandy Tudor to the term expiring June 30, 2020. The motion passed 4-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 10. 09:37:56 PM (03:39:27) Appointment(s) to the Cemetery Advisory Board (Sweeney)  09:38:08 PM (03:39:39) Motion to appoint Katie Tennille, James Korth, Don Derby and Marypat Zitzer to the Cemetery Advisory Board with terms ending December 31, 2020. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 09:38:26 PM (03:39:57) Vote on the Motion to appoint Katie Tennille, James Korth, Don Derby and Marypat Zitzer to the Cemetery Advisory Board with terms ending December 31, 2020. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 11. 09:38:39 PM (03:40:10) Appointment(s) to the Recreation and Parks Advisory Board (RPAB) (Sweeney)  09:38:44 PM (03:40:15) Motion to appoint Jodi Rasker to the City Resident position with a term expiring December 31, 2018, Stephanie Gray to the City Resident positon with a term expiring December 31, 2020, and Kylar Clifton to the MSU Student position with a term expiring August 31, 28 Bozeman City Commission Meeting DRAFT MINUTES, March 5, 2018 Page 20 of 20 2018 to the Recreation and Parks Advisory Board. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 09:39:11 PM (03:40:42) Vote on the Motion to appoint Jodi Rasker to the City Resident position with a term expiring December 31, 2018, Stephanie Gray to the City Resident positon with a term expiring December 31, 2020, and Kylar Clifton to the MSU Student position with a term expiring August 31, 2018 to the Recreation and Parks Advisory Board. The motion passed 4-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve L. 09:39:22 PM (03:40:53) FYI / Discussion • Cr. Cunningham talked about slide presentations containing new information at commission meetings. • Cr. Krauss commented that the commission be flexible enough to take in new information if it’s critical. • Mayor Andrus commented that to the extent possible getting as much information ahead of time is preferable but understands things happen at the last minute. • Cr. Krauss commented sometimes new information is in response to a question a commissioner has asked, and he wants information provided even if it has not been seen before. M. 09:43:16 PM (03:44:47) Adjournment Mayor Andrus adjourned the meeting at 9:44 PM. 29 Page 1 of 12 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, March 19, 2018 AGENDA ORDER MODIFIED DURING MEETING. ITEM AND NUMBER DESIGNATIONS REMAIN AS ORIGINALLY NOTICED. Mayor - Cynthia Andrus: Present Deputy Mayor - Chris Mehl: Present Commissioner - Jeff Krauss: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Staff Present at the Dais: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough A. 06:00:00 PM (00:04:40) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 6:00 PM. B. 06:00:07 PM (00:04:47) Pledge of Allegiance and a Moment of Silence C. 06:00:51 PM (00:05:31) Changes to the Agenda There were no changes to the agenda. D. 06:00:57 PM (00:05:37) FYI 1. Emergency Stormwater Ordinance on March 26, 2018 City Commission Agenda (Sullivan/Woolard) Public Works Director notified the Commission and public of an emergency ordinance coming up on next week’s agenda. 2. Cr. Cunningham stated that the Inter-Neighborhood Council may be reaching out to Commissioners to attend individual neighborhood meetings. E. 06:03:27 PM (00:08:07) Commission Disclosures Mayor Andrus stated she will be recusing herself from the Co-op action item, as she has a direct family relationship. 30 Bozeman City Commission Meeting DRAFT MINUTES, March 19, 2018 Page 2 of 12 The Commission disclosed who was a member of the Co-op and Costco prior to the action items later in the agenda. F. 06:05:17 PM (00:09:57) Minutes 1. Approve the Regular Meeting Minutes from February 5, February 12, and February 26, 2018, Executive Session Minutes from January 8, 2018, and User Access to Linked Minutes (Crough)  06:05:22 PM (00:10:02) Motion and Vote to approve the City Commission minutes from February 5, February 12, and February 26, 2018, and Executive Session minutes from January 8, 2018 as submitted. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve G. 06:06:55 PM (00:11:35) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Approve the Final Plat for Boulder Creek Phase 2 Subdivision and Authorize the Director of Public Works to Execute the Same on behalf of the City of Bozeman; the Director of Community Development to Sign the Improvements Agreements on behalf of the City of Bozeman; and the City Manager to Sign the Public Access Easement, Release and Reconveyance of a Street Easement, and Lift Station Agreement with Rosa Johnson Development, LLC on behalf of the City of Bozeman, Application 17527 (Quasi-Judicial) (Cooper)  3. Authorize the Mayor to Sign the Findings of Fact and Order for the Hoover Way Subdivision Preliminary Plat, Application 17117 (Quasi-Judicial) (Jadin)  4. Authorize the City Manager to Sign a Perpetual Access Easement with KS DevCor, Inc. for the Lakes at Valley West, Phase 4 Project (Kohtz)  5. Authorize the City Manager to Sign a Professional Services Agreement with Aero-Graphics for the 2018 Aerial Photo and LiDAR Project (Henderson)  6. Authorize the City Manager to Sign Amendment Number 2 to the Professional Services Agreement with RE/SPEC, Inc. to Provide $190,102 for Groundwater Investigation Services for Phase 3: Well Siting Feasibility and Test Well Design, Permitting and Monitoring Program (Heaston)  31 Bozeman City Commission Meeting DRAFT MINUTES, March 19, 2018 Page 3 of 12 7. Ratify the City Manager's Signature on Amendment Number 1 to the Professional Services Agreement with the Human Resource Development Council (HRDC) for a One Year Contract Extension in the Amount of $14,400 for the Affordable Housing Program Services (Matsen)  8. Resolution 4890, Completion of the Starner Annexation and Authorizing the City Manager to Sign the Annexation Agreement with TKA Properties, Application 17187 (Saunders)  9. Ordinance 1988 Provisional Adoption, the Starner Annexation Zone Map Amendment to Designate 2.658 Acres as B2, Community Business District, Application 17187 (Saunders)  06:06:59 PM (00:11:39) City Manager Overview CM Surratt provided a brief overview of Consent Items 1-9. 06:09:25 PM (00:14:05) Public Comment There was no public comment. 06:09:36 PM (00:14:16) Motion and Vote to approve Consent Items 1-9 as submitted. The motion passed 5-0. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve H. 06:09:52 PM (00:14:32) Public Comment Mayor Andrus opened public comment. 06:10:26 PM (00:15:06) Don Beeman, Public Comment Mr. Beeman commended the Strategic Plan so far. He did discuss a focus issue, and encouraged the Commission to narrow the focus. At this point resources would be an issue. He cautioned the Commission to stay away from buzzwords and politics. I. 06:12:49 PM (00:17:29) Special Presentation 1. State of the City Address (Andrus) Mayor Andrus presented her State of the City Address. J. 06:41:11 PM (00:45:51) Action Items 32 Bozeman City Commission Meeting DRAFT MINUTES, March 19, 2018 Page 4 of 12 1. 06:41:17 PM (00:45:57) Ordinance 1997 Final Adoption, a Text Amendment of the Bozeman Municipal Code to Establish Transitional and Emergency Housing Use and Associated Standards and Place it in Specific Zoning Districts, Application 18011 (Rogers)  06:41:44 PM (00:46:24) Staff Presentation Senior Planner Tom Rogers stated the provisional adoption occurred on February 12, 2018, adopted unanimously. 06:42:48 PM (00:47:28) Questions of Staff DM Mehl asked when the UDC Update and this ordinance goes into effect. Cr. Cunningham asked about the parking per dwelling decision process. Cr. Krauss asked for a summary of the criteria for the Community Development Director for decision making. DM Mehl spoke of the intent of his amendment during provisional adoption. 06:50:00 PM (00:54:40) Public Comment There was no public comment. 06:50:24 PM (00:55:04) Motion that having reviewed and considered the ordinance text, public comment, and all the information presented, I move to finally adopt Ordinance 1997, the Transitional and Emergency Housing Municipal Code text amendment. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 06:51:00 PM (00:55:40) Amendment to the Motion that the text of the manual be shared with the City Commission before the effective date of this ordinance. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 06:51:12 PM (00:55:52) Discussion DM Mehl stated he would like the Commission to review the intent and efficacy. 06:51:52 PM (00:56:32) Vote on the Amendment to the Motion that the text of the manual be shared with the City Commission before the effective date of this ordinance. The amendment passed 5-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve 33 Bozeman City Commission Meeting DRAFT MINUTES, March 19, 2018 Page 5 of 12 Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 06:52:06 PM (00:56:46) Discussion DM Mehl noted this is an appropriate response to the needs of the community. Cr. Cunningham discussed the less public face of Bozeman who will benefit from this. Cr. Pomeroy strongly supports the motion. Cr. Krauss was hoping for changes to improve the zoning regulations this creates. DM Mehl clarified this is a special use. Mayor Andrus stated this is being responsible for the community and supports the motion. Cr. Krauss will be voting no. 07:05:43 PM (01:10:23) Vote on the Motion that having reviewed and considered the ordinance text, public comment, and all the information presented, I move to finally adopt Ordinance 1997, the Transitional and Emergency Housing Municipal Code text amendment. The motion passed 4-1. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 2. 07:05:56 PM (01:10:36) Bozeman Costco Addition Site Plan and Preliminary Planned Unit Development (PUD) Applications to Allow a 24,000 Square Foot Expansion of the Existing 126,000 Square Foot Costco Warehouse Facility with Parking, Open Space, and Related Site Improvements, Located at 2505 Catron Street on 18.41 Acres Zoned B-2 and within the Class 1 I-90 Entryway Corridor, Applications 17412 and 17413 (Quasi-Judicial) (Rogers)  07:06:32 PM (01:11:12) Staff Presentation Senior Planner Rom Rogers provided an overview of the Costco expansion application. Development Review Engineer Shawn Kohtz spoke of the Condition of Approval to improve the Max and Catron intersection. 07:27:59 PM (01:32:39) Questions of Staff Cr. Cunningham asked how this project fits in terms of scope and scale. He asked about the requested parking relaxation. He asked Mr. Kohtz a number of questions about the intersection. Cr. Pomeroy asked about traffic expectations. Cr. Krauss about street infrastructure and access. He asked in detail about the points allocated. DM Mehl asked about annexation. He asked about design and traffic. Cr. Krauss asked about Catron’s classification as a local street. Public Works Director Craig Woolard responded. 34 Bozeman City Commission Meeting DRAFT MINUTES, March 19, 2018 Page 6 of 12 08:09:27 PM (02:14:07) Recess Mayor Andrus called the Commission into recess until 8:19 PM. 08:19:57 PM (02:24:37) Call to Order Mayor Andrus called the meeting back to order at 8:20 PM. 08:20:04 PM (02:24:44) Applicant Presentation Steve Bullock with MG2 introduced the team and discussed the site plan. He stated they are supportive of the conditions in the staff report. Andy Deliden responded regarding traffic patterns. He provided Costco’s recommendation. 08:32:59 PM (02:37:39) Questions of Applicant Cr. Cunningham asked about parking, traffic, and sustainability. Cr. Pomeroy asked about fixing the intersection and road improvements. Cr. Krauss asked about project costs and parking. DM Mehl asked about the traffic report and options for adding entrances. Mayor Andrus asked what’s driving the addition, and asked about sustainability. Cr. Pomeroy asked the applicant if they were happy with the motions. 09:08:33 PM (03:13:13) Public Comment There was no public comment. 09:08:51 PM (03:13:31) Staff Clarifications Public Works Director Woolard responded to Costco’s comments. Mr. Kohtz stated the City is also participating in the Catamount improvement. 09:13:07 PM (03:17:47) Questions of Staff Continued Cr. Krauss asked if the City has Waivers of Right to Protests from other property in the area, addressing Catron Street. 09:17:15 PM (03:21:55) 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 17412 and move to approve the preliminary planned unit development subject to conditions and all applicable code provisions. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 09:17:41 PM (03:22:21) Discussion Cr. Cunningham spoke of Costco’s investment in Bozeman and safety concerns. Cr. Krauss will be voting no and explained his rationale. 35 Bozeman City Commission Meeting DRAFT MINUTES, March 19, 2018 Page 7 of 12 DM Mehl supports the PUD conditions, and that an upgrade will be required in the future. Cr. Pomeroy stated she agrees with Costco that it is not fair. DM Andrus discussed her support. 09:38:10 PM (03:42:50) 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 17412 and move to approve the preliminary planned unit development subject to conditions and all applicable code provisions. The motion passed 3-2. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Terry Cunningham: Approve 09:38:35 PM (03:43:15) 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 17413 and move to approve the site plan application subject to conditions and all applicable code provisions. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 09:38:58 PM (03:43:38) Discussion Cr. Krauss stated he hopes Costco does not leave and comes back with a new set of plans. DM Mehl agrees with the findings of the staff report. He discussed the intersection improvement policy. 09:41:03 PM (03:45:43) 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 17413 and move to approve the site plan application subject to conditions and all applicable code provisions. The motion passed 3-2. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Terry Cunningham: Approve 09:41:18 PM (03:45:58) Mayor Recusal Mayor Andrus recused herself and passed the gavel to Deputy Mayor Mehl. 36 Bozeman City Commission Meeting DRAFT MINUTES, March 19, 2018 Page 8 of 12 3. 09:41:29 PM (03:46:09) Community Food Co-op West Main Expansion Site Plan and Conditional Use Permit (CUP) Applications Requesting Approval of a 23,550 Square Foot Expansion and Approval to Operate a Food Processing Facility within the B-2M Zoning District, Applications 17493 and 17494 (Quasi-Judicial) (Jadin)  09:42:04 PM (03:46:44) Staff Presentation Planner Addi Jadin presented the proposed food processing facility expansion for the Bozeman Co-op. 09:49:09 PM (03:53:49) Questions of Staff Cr. Krauss asked if we are currently allowing deviations for new construction. Cr. Cunningham asked about the loading/unloading areas. 09:51:47 PM (03:56:27) Applicant Presentation Kelly Wiseman, Co-op general manager, discussed the expansion. 09:53:11 PM (03:57:51) Questions of Applicant Cr. Pomeroy asked about the Co-op’s work with local businesses. Cr. Cunningham asked about the nature of the food processing. DM Mehl asked if the current building will be upgraded at all. 09:57:09 PM (04:01:49) Public Comment There was no public comment. 09:57:40 PM (04:02:20) 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 applications 17493 and 17494 and move to approve the conditional use permit and site plan with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 09:58:14 PM (04:02:54) Meeting Extended DM Mehl extended the meeting to 10:15 PM. 09:58:19 PM (04:02:59) Discussion Cr. Pomeroy discussed her appreciation of the Co-op. She disclosed her business relationship with the Co-op but stated it does not affect her vote. Cr. Krauss discussed the proposal. Cr. Cunningham adopted the findings of the staff report. He will vote in support of the motion. DM Mehl discussed his support of the motion. 10:06:05 PM (04:10:45) 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 37 Bozeman City Commission Meeting DRAFT MINUTES, March 19, 2018 Page 9 of 12 the staff report for applications 17493 and 17494 and move to approve the conditional use permit and site plan with conditions and subject to all applicable code provisions. The motion passed 4-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Recused Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 10:06:26 PM (04:11:06) Passing the Gavel Deputy Mayor Mehl passed the gavel back to Mayor Andrus. 5. 10:06:40 PM (04:11:20) Public Hearing to Determine Whether Approximately 6.6 Acres of City-Owned Property, Located at 2125 North Rouse Avenue, Former Location of the Humane Society, is Necessary for the Conduct of City Business or that the Public Interest May be Furthered by the Exchange of the Property with Northwestern Energy for an Access Road from Manley Road Serving the East Gallatin Recreation Area and the City Storage Yard (2/3 Vote Required) (Woolard)  10:07:28 PM (04:12:08) Staff Presentation Public Works Director Craig Woolard discussed the 2125 North Rouse Avenue property. Pat Patterson with NorthWestern Energy discussed NWE’s interest in the property. 10:16:22 PM (04:21:02) Meeting Extended Mayor Andrus extended the meeting to 10:30 PM. 10:16:35 PM (04:21:15) Staff Presentation Continued Director Woolard noted the next steps. 10:19:10 PM (04:23:50) Questions of Staff Cr. Krauss asked if the City would ever use this for our own yard. DM Mehl asked if the N. Rouse access would remain accessible. Cr. Cunningham asked about possible improvements to N. Rouse. Cr. Pomeroy asked about putting residential uses on the property. 10:25:06 PM (04:29:46) Public Comment Mayor Andrus opened public comment. 10:25:15 PM (04:29:55) Kevin Thane, Public Comment Mr. Thane discussed the exploration of this land for affordable housing. 38 Bozeman City Commission Meeting DRAFT MINUTES, March 19, 2018 Page 10 of 12 10:26:22 PM (04:31:02) Motion that having considered the information presented by staff and public comment, I move to adopt the findings included in the staff memorandum and determine approximately 6.6 acres of City-owned property at 2125 North Rouse Avenue, is no longer necessary for the conduct of City business or the preservation of City property and also that the public interest will be furthered by an exchange of the property with Northwestern Energy and direct the City Manager to complete all steps necessary to complete the exchange and return to the Commission with an ordinance authorizing the exchange. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 10:27:02 PM (04:31:42) Discussion Cr. Krauss stated staff is not planning on building on the property. DM Mehl supports the motion, and believes the case is made for the property and public good. Cr. Cunningham agrees the property is no longer necessary to stay in the City’s purview. Cr. Pomeroy supports the motion. Mayor Andrus supports the exchange. 10:30:07 PM (04:34:47) Vote on the Motion that having considered the information presented by staff and public comment, I move to adopt the findings included in the staff memorandum and determine approximately 6.6 acres of City-owned property at 2125 North Rouse Avenue, is no longer necessary for the conduct of City business or the preservation of City property and also that the public interest will be furthered by an exchange of the property with Northwestern Energy and direct the City Manager to complete all steps necessary to complete the exchange and return to the Commission with an ordinance authorizing the exchange. The motion passed 5-0. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 4. 10:30:17 PM (04:34:57) MOVED TO MARCH 26, 2018 Resolution 4845, Allocation of Cash-in- Lieu of Parkland Dedication Funds for Sandan Park Picnic Shelter (Poissant)  Consider the motion: In consideration of public input and materials presented to date, I hereby move to adopt Resolution 4845 allocating $36,514.50 in cash-in-lieu of parkland dedication funds for installation of a picnic shelter in Sandan Park, in accordance with the approved park master plan. 10:30:26 PM (04:35:06) Meeting Extended Mayor Andrus extended the meeting to 10:35 PM. 39 Bozeman City Commission Meeting DRAFT MINUTES, March 19, 2018 Page 11 of 12 6. 10:30:32 PM (04:35:12) Appointment(s) to the Building Board of Appeals (Sweeney)  10:30:49 PM (04:35:29) Motion and Vote to appoint Ted Conover and Jason Martel to the Building Board of Appeals with terms ending December 31, 2018 and Cristie Tate with a term ending December 31, 2019. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 7. 10:31:24 PM (04:36:04) Appointment(s) to the Community Affordable Housing Advisory Board (CAHAB) (Sweeney)  10:31:34 PM (04:36:14) Motion to appoint Dulaney Collins to the Low or Moderate Income Person positions expiring June 30, 2020, and Jennisse Schule to the Citizen with Demonstrated Interest in Special Needs Housing position with a term expiring June 30, 2018 [to the Community Affordable Housing Advisory Board]. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 10:32:28 PM (04:37:08) Discussion Cr. Cunningham discussed the qualifications of the applicants. 10:33:38 PM (04:38:18) Vote on the Motion to appoint Dulaney Collins to the Low or Moderate Income Person positions expiring June 30, 2020, and Jennisse Schule to the Citizen with Demonstrated Interest in Special Needs Housing position with a term expiring June 30, 2018 [to the Community Affordable Housing Advisory Board]. The motion passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve K. 10:33:51 PM (04:38:31) FYI/Discussion 40 Bozeman City Commission Meeting DRAFT MINUTES, March 19, 2018 Page 12 of 12 L. 10:33:59 PM (04:38:39) Adjournment Mayor Andrus adjourned the meeting at 10:33 PM. 41 Page 1 of 9 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, March 26, 2018 Mayor - Cynthia Andrus: Present Deputy Mayor - Chris Mehl: Present Commissioner - Jeff Krauss: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Staff Present at the Dais: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough A. 06:00:01 PM (00:03:50) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 6:00 PM. B. 06:00:03 PM (00:03:52) Pledge of Allegiance and a Moment of Silence C. 06:00:45 PM (00:04:34) Changes to the Agenda City Manager Surratt stated she is going to move Consent Item 4 to April 9th. D. 06:01:24 PM (00:05:13) FYI • DM Mehl stated on April 3, the Planning Coordinating Committee will be meeting from 3-5 at the County Courthouse. • Cr. Cunningham attended the new high school groundbreaking today. E. 06:02:18 PM (00:06:07) Commission Disclosures There were no Commission disclosures. F. 06:02:31 PM (00:06:20) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Authorize the City Manager to Sign the Opportunity Zone Proposal to the Montana Department of Commerce (Fontenot)  3. Authorize the City Manager to Sign the Midtown Tax Increment Financing (TIF) Assistance Grant Agreement with Midtown Apartments, LLC (Fine)  42 Bozeman City Commission Meeting DRAFT MINUTES, March 26, 2018 Page 2 of 9 4. Authorize the Community Development Director to Disburse $80,000 in Down Payment Assistance Funds to Eight Home Buyers of Affordable Homes (Madsen)  06:02:32 PM (00:06:21) City Manager Overview CM Surratt provided a brief overview of Consent Items 1-3. 06:03:43 PM (00:07:32) Public Comment There was no public comment. 06:03:52 PM (00:07:41) Motion and Vote to approve Consent Items 1-3 as submitted. The motion passed 5-0. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve G. 06:04:08 PM (00:07:57) Public Comment There was no public comment. H. 06:04:46 PM (00:08:35) Special Presentation 1. State of the Neighborhoods (Andreasen) Neighborhood Coordinator Tanya Andreasen and Inter-Neighborhood Vice Chair Kathy Powell presented the State of the Neighborhoods, discussing an overview, current neighborhood associations, events, relationships, INC working groups, and upcoming goals. 06:25:25 PM (00:29:14) Questions of Staff Cr. Cunningham asked about the process for getting a neighborhood association started. I. 06:28:26 PM (00:32:15) Action Items 1. 06:28:28 PM (00:32:17) Resolution 4889, Creation of Special Improvement Lighting District (SILD) Number 744 for the Boulder Creek Subdivision (Donald)  06:28:47 PM (00:32:36) Staff Presentation Finance Director Kristin Donald discussed the lighting to be installed in the Boulder Creek Subdivision. No protests have been received. 43 Bozeman City Commission Meeting DRAFT MINUTES, March 26, 2018 Page 3 of 9 06:30:04 PM (00:33:53) Questions of Staff Cr. Cunningham asked for clarification regarding the map. 06:30:49 PM (00:34:38) Public Comment There was no public comment. 06:30:57 PM (00:34:46) Motion to adopt Resolution 4889, Creation of Special Improvement Lighting District Number 744 for the Boulder Creek Subdivision. Commissioner - I-Ho Pomeroy: Motion Commissioner - Terry Cunningham: 2nd 06:31:12 PM (00:35:01) Discussion Cr. Pomeroy supports the motion. Cr. Cunningham supports the motion. Cr. Krauss discussed dark sky compliant lighting. 06:32:35 PM (00:36:24) Vote on the Motion to adopt Resolution 4889, Creation of Special Improvement Lighting District Number 744 for the Boulder Creek Subdivision. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 2. 06:32:47 PM (00:36:36) Resolution 4845, Allocation of Cash-in-Lieu of Parkland Dedication Funds for Sandan Park Picnic Shelter (Poissant)  06:33:27 PM (00:37:16) Staff Presentation TOPS Manager Carolyn Poissant provided site context of Sandan Park, context from the PROST Plan, and RPAB’s recommendation. 06:37:28 PM (00:41:17) Questions of Staff Cr. Cunningham asked if lighting was included, and who is allowed to use the shelter. Mayor Andrus asked about the role of the Living Spring retirement community. 06:39:10 PM (00:42:59) Public Comment There was no public comment. 44 Bozeman City Commission Meeting DRAFT MINUTES, March 26, 2018 Page 4 of 9 06:39:20 PM (00:43:09) Motion that in consideration of public input and materials presented to date, I hereby move to adopt Resolution 4845 allocating $36,514.50 in cash-in-lieu of parkland dedication funds for installation of a picnic shelter in Sandan Park, in accordance with the approved park master plan. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 06:39:45 PM (00:43:34) Discussion Cr. Cunningham discussed shelters contributing to the community. DM Mehl noted this is in accordance with the master plan. Cr. Krauss discussed the merits and accessibility of the park. Cr. Pomeroy stated this is a perfect use of cash-in-lieu funds. Mayor Andrus associated herself with the previous comments. 06:42:30 PM (00:46:19) Vote on the Motion that in consideration of public input and materials presented to date, I hereby move to adopt Resolution 4845 allocating $36,514.50 in cash-in-lieu of parkland dedication funds for installation of a picnic shelter in Sandan Park, in accordance with the approved park master plan. The motion passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 3. 06:42:42 PM (00:46:31) Emergency Ordinance 2002, an Emergency Measure to Provide for Increased Compliance with Stormwater Management and Construction Standards (4/5 Vote Required) (Mehrens)  06:43:36 PM (00:47:25) Staff Presentation Public Works Director Craig Woolard discussed the circumstances for bringing an emergency ordinance forward. Stormwater Coordinator Kyle Mehrens presented division goals, past efforts, current conditions, and details of the emergency ordinance. 06:57:54 PM (01:01:43) Questions of Staff DM Mehl asked how the goals of this impacts public health, and how other communities successfully manage this. He asked if the City is following the same standards. He asked the City’s right to do 45 Bozeman City Commission Meeting DRAFT MINUTES, March 26, 2018 Page 5 of 9 emergency and non-emergency action in the same item. CA Sullivan answered in detail. He also asked about potential penalties. He asked when an appropriate time to come back before the Commission with an update would be. Cr. Krauss asked when we would know when the emergency is over, and the nature of the emergency for this ordinance. He asked Dr. Woolard if the health, safety, and general welfare of the public is at immediate risk. Cr. Pomeroy asked about current enforcement. She asked if the City has spoken with builders about this. Mr. Mehrens discussed conversations with SWMBIA. Cr. Cunningham asked about the cleanup process, and what sediment is showing up in ponds. He asked about the option of surety bond. He asked Chief Building Official Bob Risk how his staff can manage the process, as well as stop work orders in general. Mr. Risk also discussed dust control issues. CM Surratt discussed that the City is also a MDEQ permit holder, and the emergency issue is that our permit could be in jeopardy because of this. Mayor Andrus asked how we will notify the community. Cr. Cunningham asked about the MDEQ permit risk. 07:51:14 PM (01:55:03) Public Comment Mayor Andrus opened public comment. 07:51:30 PM (01:55:19) Anders Lewendal, Public Comment Mr. Lewendal discussed his compliance, and agrees others need to comply as well. He discussed the ordinance needs to apply to more than just the construction industry. 07:54:03 PM (01:57:52) Brian Popiel, Public Comment Mr. Popiel, on behalf of SWMBIA, thanked city staff, and acknowledged the problem. His members are frustrated with the non-compliance of others. He asked that the ordinance sunset and that this applies universally. 07:57:15 PM (02:01:04) Staff Clarifications Dr. Woolard discussed street sweeping and street material mitigation. CA Sullivan stated that stormwater efforts are not just focused on construction. 08:01:53 PM (02:05:42) Motion to adopt Ordinance 2002 as an emergency measure necessary to preserve the public peace, property, health, and safety of the City to be effective immediately. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 08:02:08 PM (02:05:57) Discussion DM Mehl discussed the City’s efforts to stay in from of stormwater compliance issues. He stated he would like to see a report in ten months. He supports the ordinance as submitted. Cr. Krauss discussed the public safety need and the justified emergency nature. He discussed the City’s 46 Bozeman City Commission Meeting DRAFT MINUTES, March 26, 2018 Page 6 of 9 street sweeping efforts. He will be voting for the ordinance as he sees the emergency conditions as being met. Cr. Pomeroy will also be voting for the ordinance, discussing fairness. Cr. Cunningham discussed risk vs. consequences. He agrees this is an emergency situation. Mayor Andrus discussed the emergency nature and timing of this ordinance. 08:20:03 PM (02:23:52) Vote on the Motion to adopt Ordinance 2002 as an emergency measure necessary to preserve the public peace, property, health, and safety of the City to be effective immediately. The motion passed 5-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 08:20:14 PM (02:24:03) Recess Mayor Andrus called the Commission into recess until 8:30 PM. 08:30:38 PM (02:34:27) Call to Order Mayor Andrus called the meeting back to order at 8:30 PM. 4. 08:30:46 PM (02:34:35) Ordinance 2001 Provisional Adoption, Amending Chapter 12 of the Bozeman Municipal Code (BMC), Business Licenses to Clarify Determination of License Fees (Saunders)  08:31:04 PM (02:34:53) Staff Presentation Policy and Planning Manager Chris Saunders stated this is primarily a cleanup item, with no public comment. 08:31:43 PM (02:35:32) Questions of Staff Cr. Pomeroy asked if we were previously unaware of the conflict in the original resolution. Cr. Cunningham asked about when the fees are actually adopted. 08:32:57 PM (02:36:46) Public Comment There was no public comment. 08:33:04 PM (02:36:53) Motion that having reviewed the presented information, considered public comment, and considered all of the information presented, I hereby move to provisionally adopt 47 Bozeman City Commission Meeting DRAFT MINUTES, March 26, 2018 Page 7 of 9 Ordinance 2001, amending Chapter 12 of the Bozeman Municipal Code, Business Licenses. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 08:33:20 PM (02:37:09) Discussion Cr. Krauss did not support the initial change, so he doesn’t support this. Cr. Pomeroy stated this will simplify business license regulations. Cr. Cunningham stated that it is wise to discover and resolve conflicts. DM Mehl and Mayor Andrus support the motion. 08:34:16 PM (02:38:05) Vote on the Motion that having reviewed the presented information, considered public comment, and considered all of the information presented, I hereby move to provisionally adopt Ordinance 2001, amending Chapter 12 of the Bozeman Municipal Code, Business Licenses. The motion passed 4-1. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 5. 08:34:27 PM (02:38:16) Ordinance 2000 Provisional Adoption, Amending Section 2.02.020, Bozeman Municipal Code (BMC), Regarding Presiding Officer Status (Sullivan)  08:34:41 PM (02:38:30) Staff Presentation CA Sullivan stated this came out of the January work session on the rules of procedure. This proposal would mean that if the gavel is passed, it remains passed for the entire item. 08:35:45 PM (02:39:34) Questions of Staff Cr. Cunningham asked if a passed gavel would remain passed for a potentially months-long item. DM Mehl asked for reasons to pass the gavel, and if it is item or meeting specific. He asked why this wasn’t written to be motion-specific. 08:45:17 PM (02:49:06) Public Comment There was no public comment. 08:45:29 PM (02:49:18) Motion to provisionally adopt Ordinance 2000, Amending Section 2.02.020, Bozeman Municipal Code, Regarding Presiding Officer Status. 48 Bozeman City Commission Meeting DRAFT MINUTES, March 26, 2018 Page 8 of 9 Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 08:45:49 PM (02:49:38) Discussion Cr. Pomeroy stated this makes sense and supports the motion. Cr. Krauss stated he’s only seen this abused once. He supports this as it is a collegial way to do business. 08:48:26 PM (02:52:15) Amendment to the Motion adding a phrase that requires the presiding officer “when passing the gavel for the purpose of making a motion to not resume presiding officer status until the motion is decided.” Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 08:49:46 PM (02:53:35) Discussion Cr. Cunningham stated this puts structure behind the act of passing the gavel, but doesn’t prevent removing the presiding officer for an item that spans multiple meetings. DM Mehl prefers the narrower focus of Cr. Cunningham’s amendment. Cr. Krauss stated the rules of procedures are intentional to prevent the mayor from making motions. He discussed the balance of power. Mayor Andrus stated the intent of this is to clarify and resolve confusion. She could support either of these options. 08:59:50 PM (03:03:39) Vote on the Amendment to the Motion adding a phrase that requires the presiding officer “when passing the gavel for the purpose of making a motion to not resume presiding officer status until the motion is decided.” The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 09:00:25 PM (03:04:14) Vote on the Main Motion as Amended to provisionally adopt Ordinance 2000, Amending Section 2.02.020, Bozeman Municipal Code, Regarding Presiding Officer Status, adding a phrase that requires the presiding officer “when passing the gavel for the purpose of making a motion to not resume presiding officer status until the motion is decided.” The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion 49 Bozeman City Commission Meeting DRAFT MINUTES, March 26, 2018 Page 9 of 9 Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve J. 09:00:42 PM (03:04:31) FYI / Discussion • Cr. Cunningham stated the Climate Partners Working Group is further looking into stretch codes. K. 09:01:41 PM (03:05:30) Adjournment Mayor Andrus adjourned the meeting at 9:01 PM. 50