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HomeMy WebLinkAbout05-14-18 City Commission Packet Materials - M1. April 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 April 2, April 9, April 16, and April 23, 2018, and User Access to Linked Minutes MEETING DATE: May 14, 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 April 2, 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 April 9, 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 April 16, 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 April 23, 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 April 2, April 9, April 16, and April 23, 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 6 • Streamlined approach to citizen involvement and public comment Since August of 2013, the City Commission Minutes have been linked with audio and video using AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. LOCATION: The AV Capture Archives and Live Streaming of City Commission Minutes and Meetings can be found at www.bozeman.net by choosing the “I want to…” top menu item, and selecting the bottom right link “Watch a commission or board meeting video.” VIEWING: Using the drop-down menu immediately below the AV Capture icon, select Recorded (all previously recorded meetings), Streaming Live (meetings currently being streamed in real-time), or Upcoming (future meetings that will be streamed live). Selecting a meeting should automatically start the video. The draft minutes and all associated materials from the meeting are located under the video in the Attached Documents area. Final minutes are available here once formally approved. Users can then can click on each time-stamped hyperlink to find the section that they wish to view from the meeting. If the video does not automatically start at that point, the user may need to press play on the video itself. Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. ALTERNATIVES: As suggested by Commission. UNRESOLVED ISSUES: None. FISCAL EFFECTS: None. Attachments: Draft Minutes Report Prepared on April 30, 2018 7 Page 1 of 7 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, April 02, 2018 Staff Present at Dais: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, Deputy City Clerk Brenda Sweeney A. 05:59:59 PM (00:01:42) 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 (00:01:50) Pledge of Allegiance and a Moment of Silence C. 06:00:53 PM (00:02:36) Changes to the Agenda CM Surratt requested that Consent Agenda Item 3 be removed and brought back to the Commission when it is complete. D. 06:01:37 PM (00:03:20) FYI • Cr. Cunningham pointed out a new website, www.nwesolar.com, which provides a dashboard of the Bozeman solar project. • Cr. Pomeroy indicated the HRDC Warming Center closed March 31 but opened today for homeless people because of the weather. • Cr. Mehl announced the Planning Coordinating Committee will meet at 3:00 p.m. tomorrow in the Gallatin County Courthouse Community Room. • CM Surratt will be attending a conference with Tanya Andreasen, Neighborhoods Coordinator, in Wisconsin early next week and has asked ACM Chuck Winn to facilitate the Commission meeting next week. • Mayor Andrus and CM Surratt attended an executive forum last week sponsored by the Montana League of Cities. E. 06:04:26 PM (00:06:09) Commission Disclosures • Cr. Cunningham stated he is a member of the Bozeman United Methodist Church, which is within 600 feet of a proposed restaurant relative to Ordinance 1999 in Action Item 1. • Cr. Krauss asked CA Sullivan if the Commission is engaged in a legislative act tonight and further asked about any kind of disclosure. 8 Bozeman City Commission DRAFT MINUTES, April 2, 2018 Page 2 of 7 F. 06:06:20 PM (00:08:03) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Authorize the City Manager to Sign a Notice of Award to Sime Construction, Inc. for the Baxter Lane Improvements Project from North 19th Avenue to North 7th Avenue in the Amount of $2,409,992.23 (Murray)  3. Authorize the City Manager to Sign a Construction Agreement with the Montana Department of Transportation (MDT) for Maintenance for Federal Aid Project Number UPP 1299(47) (Hixson)  4. Authorize the City Manager to Sign a Professional Services Agreement with E. Montoya for Defense Counsel Services on the Veteran Eligible Treatment Services (V.E.T.S.) Court Team (Boundy)  5. Authorize the City Manager to Sign Task Order Number 5 with Leland Consulting Group for Marketing Materials for Technology Sector Business Inquiries (Fine)  6. Ordinance 1988 Final Adoption, the Starner Annexation Zone Map Amendment to Designate 2.658 Acres as B-2, Community Business District, Application 17187 (Saunders)  06:06:25 PM (00:08:08) City Manager Overview CM Surratt provided a quick overview of Consent Items 1, 2 and 4-6. 06:07:51 PM (00:09:34) Public Comment There was no public comment. 06:08:03 PM (00:09:46) Motion and Vote to approve Consent Items 1, 2 and 4-6 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 G. 06:08:24 PM (00:10:07) Public Comment Mayor Andrus opened public comment. There was no public comment. H. 06:09:11 PM (00:10:54) Mayoral Proclamation 1. 06:09:28 PM (00:11:11) Proclamation to Celebrate Arbor Day (Sweeney)  Mayor Andrus presented and read a proclamation regarding the celebration of Arbor Day. 9 Bozeman City Commission DRAFT MINUTES, April 2, 2018 Page 3 of 7 I. 06:11:10 PM (00:12:53) Special Presentation 1. 06:11:15 PM (00:12:58) Architecture Inventory Mapper Release (Gonzalez) 06:11:50 PM (00:13:33) Staff Presentation Community Development Director Chris Saunders and Historic Preservation Planner Phillipe Gonzalez presented information regarding a GIS tool which guides the way citizens can access information on the web related to architectural inventory of homes, especially in the NCOD. 06:18:26 PM (00:20:09) Questions of Staff Cr. Cunningham asked about the difference between a contributing and non-contributing property. He further asked staff to describe how the public would navigate to the map on the website. DM Mehl asked about contact information for the Historic Preservation Planning Department if someone thinks there is a mistake in the map. 2. 06:21:31 PM (00:23:14) Parks Cash-in-lieu Map Layer (Saunders/Overton) 06:22:31 PM (00:24:14) Staff Presentation Community Development Director Chris Saunders introduced the project, which is an administrative tool for the location of projects and related expenditures. He stated this was a request from the Commission relative to improved tracking tools. 06:26:39 PM (00:28:22) Questions of Staff There were no questions of staff. J. 06:26:59 PM (00:28:42) Action Items 1. 06:27:04 PM (00:28:47) Ordinance 1999 Provisional Adoption, Alcohol Service Separation Standards in the B-3 and B-2M Districts Zone Text Amendment, Application 18097 (Rogers)  06:27:25 PM (00:29:08) Staff Presentation Senior Planner Tom Rogers presented the purpose of Ordinance 1999, which is a text amendment to modify language in Chapter 4 of the Bozeman Municipal Code. He explained the exemption of separation requirements by the State of Montana regarding consumption of alcohol and educational facilities. He pointed out the Zoning Commission held a public hearing on March 20, 2018, and the Community Development Department is recommending approval. 06:32:25 PM (00:34:08) Questions of Staff DM Mehl asked staff for confirmation that the City Commission acted as well and requested this text amendment be brought back for consideration. He further asked whether the school district was 10 Bozeman City Commission DRAFT MINUTES, April 2, 2018 Page 4 of 7 reminded of this meeting tonight. He asked if the standards listed in Section 2 of Ordinance 1999 for beer and wine are the same. He further asked whether the list of conditions is similar to what the state is suggesting. Cr. Cunningham asked CA Sullivan about state statutes for the beer with wine amendment and for examples of what the state would allow that are not allowed under our proposal. He further asked about specific performance standards. He asked who would be enforcing the similar conditions when it’s a restaurant beer with wine license. Cr. Pomeroy asked about the difference between beer with wine and beer and wine. She further asked about a reference to a state law versus an old ordinance. She further asked what the new ordinance allows versus what the old ordinance does not allow. Mayor Andrus asked if a restaurant with a beer and wine license is the only license within the B-3 and B- 2M zones allowed within 600 feet of a school, synagogue, etc. 06:48:34 PM (00:50:17) Public Comment Mayor Andrus opened public comment. 06:48:49 PM (00:50:32) Dave Weiss, Public Comment Mr. Weiss previously submitted more detailed suggestions on the ordinance. He reviewed his written comments. 06:53:14 PM (00:54:57) Jim Harris, Public Comment Mr. Harris talked about further restrictions with alcohol licenses and associated complications as well as the 600 foot rule. 06:54:38 PM (00:56:21) Questions of Public Cr. Krauss asked Mr. Weiss for clarification that the 600 foot rule is a state rule from which he is asking the Commission to exempt his business as well as other operational requests. 06:56:36 PM (00:58:19) Staff Clarifications Mayor Andrus asked CA Sullivan about the definition of restaurant and the redundancy and whether it’s needed in the current information. 06:58:34 PM (01:00:17) Discussion and Clarification Mayor Andrus re-stated the clarification provided by CA Sullivan with regard to the B-3 and B-2M districts and beer licenses with wine amendment relative to the 600 foot rule. She further spoke about the direction to staff from the Commission. 07:01:30 PM (01:03:13) Motion that having reviewed and considered the application materials, public comment, Zoning Commission recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for Application 18097 and move to provisionally adopt Ordinance 1999, the Alcohol Licenses for Beer with Wine Amendments exemption text amendment. 11 Bozeman City Commission DRAFT MINUTES, April 2, 2018 Page 5 of 7 Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 07:01:56 PM (01:03:39) Discussion DM Mehl talked about flexibility, appropriateness in the right place and on the right scale. He is open to looking at how the expansion worked this fall. Cr. Cunningham adopts the findings in the staff report. Cr. Pomeroy will support the motion and agrees with the findings. 07:10:48 PM (01:12:31) Amendment to the Motion to strike Section 2., B., 1. c., the requirement that alcohol can only be sold to patrons who order food. Commissioner - Jeff Krauss: Motion Commissioner - Terry Cunningham: 2nd 07:11:07 PM (01:12:50) Discussion Cr. Krauss talked about a scenario where people might have alcohol while waiting for a table and incorporating individually priced meals. Cr. Cunningham will not support the motion but wanted to hear the explanation behind the amendment. Cr. Cunningham supports the elimination of 2., c. DM Mehl does not support this amendment. Mayor Andrus will support the amendment and understands it is inconsistent. 07:18:10 PM (01:19:53) Vote on the Amendment to the Motion to strike Section 2. B., 1., c. the requirement that alcohol can only be sold to patrons who order food. The motion passed 4-1. Commissioner - Jeff Krauss: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Disapprove Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 07:18:28 PM (01:20:11) Discussion Cr. Krauss talked about the intention of the Commission to mirror the restrictions. Mayor Andrus spoke to this as a whole and supports it. Cr. Mehl asked staff about the 60% and dining room rule and deferred to considering all of this in the fall. 07:28:56 PM (01:30:39) Amendment to the Motion to strike 2., D. from the proposed restrictions. Commissioner - Terry Cunningham: Motion 12 Bozeman City Commission DRAFT MINUTES, April 2, 2018 Page 6 of 7 Commissioner - Jeff Krauss: 2nd 07:29:09 PM (01:30:52) Discussion Cr. Cunningham sees the restaurant statement but establishing the 65% rule is arbitrary. Cr. Krauss referred to Mr. Weiss’ request to exempt him from the 600 foot rule. Cr. Mehl stated previous comments make his point in opposing this. Mayor Andrus will not support this condition. 07:34:58 PM (01:36:41) Vote on the Amendment to the Motion to strike 2., D. from the proposed restrictions. The motion passed 3-2. Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Disapprove Deputy Mayor - Chris Mehl: Disapprove Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 07:35:29 PM (01:37:12) Discussion Cr. Mehl will still vote for the main motion based on increased flexibility. 07:35:52 PM (01:37:35) Vote on the Amended Motion that having reviewed and considered the application materials, public comment, Zoning Commission recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for Application 18097 and move to provisionally adopt Ordinance 1999, the Alcohol Licenses for Beer with Wine Amendments exemption text amendment with the following changes: 1) strike Section 2., B., 1. c., the requirement that alcohol can only be sold to patrons who order food; and 2) strike 2., D. from the proposed restrictions. The motion 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 Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve K. 07:36:15 PM (01:37:58) FYI / Discussion • CM Surratt encouraged the community to provide input to the Strategic Plan, and they have until end of business on Thursday, April 5, 2018. 13 Bozeman City Commission DRAFT MINUTES, April 2, 2018 Page 7 of 7 • DM Mehl announced the Federal Building on Babcock has been proposed by the Federal Government to be an historic building and has asked CM Surratt to ask staff about the pros and cons of this decision. L. 07:37:52 PM (01:39:35) Adjournment Mayor Andrus adjourned the meeting at 7:38 PM. 14 Page 1 of 13 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, April 09, 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: Assistant City Manager (ACM) Chuck Winn, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough A. 05:59:56 PM (00:03:44) 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. 06:00:04 PM (00:03:52) Pledge of Allegiance and a Moment of Silence C. 06:00:49 PM (00:04:37) Changes to the Agenda ACM Winn requested Consent Item 9 move to action. Action Item 2 needs to be removed and come back at a later date. D. 06:02:11 PM (00:05:59) FYI • Cr. Pomeroy discussed May being Mental Health Awareness Month. • Cr. Cunningham discussed INC’s retreat on April 12th. • Mayor Andrus stated she will be attending the Mayor’s Institute on Urban Design this week. E. 06:01:36 PM (00:05:24) Commission Disclosures • Cr. Cunningham has had general discussion with the applicant from Action Item 5. F. 06:04:04 PM (00:07:52) Minutes 1. Approve the Regular Meeting Minutes from March 5, March 19, and March 26, 2018, and User Access to Linked Minutes (Crough)  15 Bozeman City Commission Meeting DRAFT MINUTES, April 9, 2018 Page 2 of 13 06:04:08 PM (00:07:56) Motion and Vote to approve the minutes from March 5, March 19, and March 26, 2018. 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 G. 06:04:25 PM (00:08:13) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Approve the Final Plat for the Lakes at Valley West Phase 4 Subdivision and Authorize the Director of Public Works to Execute the Same on behalf of the City of Bozeman, and the Director of Community Development to Sign the Improvements Agreements on behalf of the City of Bozeman, Application 18090 (Quasi-Judicial) (Rosenberg)  3. Authorize the City Manager to Sign a Notice of Award to Omdahl Excavation & Utilities, Inc. for the 2018 South Tracy Avenue Reconstruction Project Total Schedule One through Four Base Bid Plus Additive Alternate One in the Amount of $2,333,690.00 (Gamradt)  4. Authorize the City Manager to Sign a Grant Agreement with the Human Resource Development Council (HRDC) for Down Payment Assistance for Qualified Buyers and Providing for Cash and Non-Cash Subsidy Recapture (Madsen)  5. Authorize the City Manager to Sign a Professional Services Agreement with CTC Technology and Energy for the Development of Updated Standards for Placing City-Owned Fiber Optic Conduit (Fine)  6. Authorize the City Manager to Sign a Professional Services Agreement with Hydrologistics Irrigation for Irrigation System Start-up, Winterization, and Maintenance Services (Vandelinder)  7. Authorize the City Manager to Sign a Professional Services Agreement with Summit Utility Services for Underground Utilities Locating Services (Alston)  8. Resolution 4759, Intent to Modify Special Improvement Lighting District (SILD) Number 735 for Pine Meadows Subdivision (Clark)  9. Resolution 4901, Acceptance of Agreement for Construction Services and Guaranteed Maximum Price Amendment Number 1 for the Story Mill Community Park Trails, Open Space, and Parks (TOP) Project (Poissant)  MOVED TO ACTION ITEMS 10. Ordinance 2000 Final Adoption, Amending Section 2.02.020, Bozeman Municipal Code (BMC), Regarding Presiding Officer Status (Sullivan)  06:04:36 PM (00:08:24) City Manager Overview 16 Bozeman City Commission Meeting DRAFT MINUTES, April 9, 2018 Page 3 of 13 ACM Winn provided a brief overview of Consent Items 1-8 and 10. 06:09:39 PM (00:13:27) Public Comment There was no public comment. 06:09:56 PM (00:13:44) Motion and Vote to approve Consent Items 1-8, and 10 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 H. 06:10:15 PM (00:14:03) Consent II: Items Acted Upon Without Prior Unanimous Vote 1. Ordinance 2001 Final Adoption, Amending Chapter 12 of the Bozeman Municipal Code (BMC), Business Licenses to Clarify Determination of License Fees (Saunders)  06:10:50 PM (00:14:38) Public Comment There was no public comment. 06:11:09 PM (00:14:57) Motion and Vote to finally adopt Ordinance 2001, Amending Chapter 12 of the Bozeman Municipal Code (BMC), Business Licenses to Clarify Determination of License Fees. The motion passed 4-1. Commissioner - I-Ho Pomeroy: 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 I. 06:11:41 PM (00:15:29) Public Comment Mayor Andrus opened public comment. 06:12:27 PM (00:16:15) Ralph Zimmer, Public Comment Mr. Zimmer, on behalf of the Bozeman Area Pedestrian and Traffic Safety Committee, discussed the proposal to lower the I-90 speed limit to 65 miles per hour, and MDT’s denial of the City’s request to 17 Bozeman City Commission Meeting DRAFT MINUTES, April 9, 2018 Page 4 of 13 temporarily reduce the speed limit. J. 06:14:36 PM (00:18:24) Mayoral Proclamation 1. Proclamation Recognizing Equal Pay Day  Mayor Andrus read the proclamation recognizing Equal Pay Day. K. 06:18:47 PM (00:22:35) Special Presentation 1. Equal Pay Day and City of Bozeman Progress Report (Jorgenson)  Susan Neibauer, on behalf of BPW’s legislative committee, discussed Equal Pay Day. Bozeman Human Resources Director Bethany Jorgenson presented the 2018 equal pay progress report. 06:32:38 PM (00:36:26) Questions of Staff Cr. Cunningham asked if the City had any mentorship programs. He asked about setting future goals. He asked how the City encourages equal pay with local businesses. DM Mehl asked how the City was doing in terms of the Thrive Index, as well as how relative cities are doing. Mayor Andrus commented on the work done for Equal Pay Day. L. 06:39:14 PM (00:43:02) Action Items Consent Item 9. 06:39:16 PM (00:43:04) Resolution 4901, Acceptance of Agreement for Construction Services and Guaranteed Maximum Price Amendment Number 1 for the Story Mill Community Park Trails, Open Space, and Parks (TOP) Project (Poissant)  06:39:32 PM (00:43:20) Questions of Staff Cr. Krauss asked what the action of the Commission is on this item, as well as the criteria for accepting the agreement. Parks and Recreation Director Mitch Overton and TOPS Manager Carolyn Poissant provided further detail. CA Sullivan stated this meets the requirements of a City contract. DM Mehl asked if this fulfills the MOU. 06:45:11 PM (00:48:59) Public Comment There was no public comment. 06:45:25 PM (00:49:13) Motion and Vote to adopt Resolution 4901, Acceptance of Agreement for Construction Services and Guaranteed Maximum Price Amendment Number 1 for the Story Mill Community Park Trails, Open Space, and Parks (TOP) Project. The motion passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 18 Bozeman City Commission Meeting DRAFT MINUTES, April 9, 2018 Page 5 of 13 Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 1. 06:46:11 PM (00:49:59) Resolution 4885, Creation of Special Improvement Lighting District (SILD) Number 743 for the South University District (Donald)  06:46:33 PM (00:50:21) Staff Presentation Finance Director Kristin Donald discussed the lighting to be installed and the creation of the district. No protests were received. 06:47:47 PM (00:51:35) Public Comment There was no public comment. 06:47:58 PM (00:51:46) Motion to adopt Resolution 4885, Creation of Special Improvement Lighting District Number 743 for the South University District. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 06:48:09 PM (00:51:57) Discussion DM Mehl supports the motion. Cr. Krauss stated a goal would be to examine the special lighting districts and the process for creation. 06:48:48 PM (00:52:36) Vote on the Motion to adopt Resolution 4885, Creation of Special Improvement Lighting District Number 743 for the South University District. 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 2. 06:48:59 PM (00:52:47) Resolution 4898, Amending the City's Annual Budget for Fiscal Year 2018 (FY18) for the Water Fund for South 19th Water Line (Donald)  For cost estimate reasons, this item was removed and will be put on a future agenda. Mayor Andrus held 19 Bozeman City Commission Meeting DRAFT MINUTES, April 9, 2018 Page 6 of 13 public comment since the item was noticed for the evening. 06:49:57 PM (00:53:45) Public Comment There was no public comment. 3. 06:50:08 PM (00:53:56) Park Place Growth Policy Amendment, Revising the Future Land Use Map from Present Rural to Industrial on 69.263 Acres; Located at the Northwest Corner of the Intersection of Nelson Road and US Highway 10, the Property Consisting of Three Parcels of Land, Application 18055 (Saunders)  06:50:34 PM (00:54:22) Staff Presentation Policy and Planning Manager Chris Saunders discussed the growth policy amendment, current and requested property designations, the amendment criteria, public comment received, and staff and Planning Board recommendation. 06:59:14 PM (01:03:02) Questions of Staff Cr. Krauss asked about signalization of the intersection. Cr. Pomeroy asked about the intent of a growth policy amendment. Cr. Cunningham asked when the parcel was last used for agriculture. He also asked about the applicant’s awareness of the coordination needed with MDT. He asked about the type of businesses could be included in this designation. Mayor Andrus asked how much present rural the city currently has. Cr. Pomeroy asked how much M-1 currently existed. Cr. Krauss asked how the Growth Policy parallels the City’s development. 07:12:56 PM (01:16:44) Applicant Presentation Matt Ekstrom with Morrison-Maierle stated they agree with the staff report. He discussed the potential traffic light. 07:15:59 PM (01:19:47) Questions of Applicant Cr. Cunningham asked about the production of the land and the motivation for selling. 07:17:42 PM (01:21:30) Public Comment There was no public comment. 07:18:26 PM (01:22:14) Motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby move to adopt the findings presented in the staff report and to approve the growth policy amendment with contingencies and subject to all applicable code provisions. Commissioner - Jeff Krauss: Motion 20 Bozeman City Commission Meeting DRAFT MINUTES, April 9, 2018 Page 7 of 13 Commissioner - I-Ho Pomeroy: 2nd 07:18:52 PM (01:22:40) Discussion Cr. Krauss stated this is a big piece of property to go industrial. He discussed impaired intersections controlled by MDT. Cr. Pomeroy stated we need to save our farmland, but the city also needs M-1. Cr. Cunningham discussed the value of farmland vs. growth needs. DM Mehl supports the motion and agrees with the staff report. Mayor Andrus also supports the amendment, but recognized the significance of the change on our agricultural heritage. 07:32:47 PM (01:36:35) Vote on the Motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby move to adopt the findings presented in the staff report and to approve the growth policy amendment with contingencies and subject to all applicable code provisions. 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 07:32:58 PM (01:36:46) Recess Mayor Andrus called the Commission into recess until 7:40 PM. 07:40:32 PM (01:44:20) Call to Order Mayor Andrus called the meeting back to order. 4. 07:40:40 PM (01:44:28) Park Place Annexation and Zone Map Amendment, Annexation of Approximately 69.263 Acres and Amendment to the City Zoning Map for the Establishment of a Zoning Designation of M-1, Light Manufacturing; Located at the Northwest Corner of the Intersection of Nelson Road and Interstate 90 Frontage Road, the Property Consisting of Three Parcels of Land, Application 18056 (Saunders)  07:41:20 PM (01:45:08) Staff Presentation Policy and Planning Manager Chris Saunders discussed the annexation and zone map amendment, initiative by the applicant. He discussed the zoning criteria of evaluation, the public comment received, and the staff and Zoning Commission recommendation of approval. 21 Bozeman City Commission Meeting DRAFT MINUTES, April 9, 2018 Page 8 of 13 07:46:47 PM (01:50:35) Questions of Staff Cr. Pomeroy asked about the proximity to the City’s Water Reclamation Facility. Cr. Cunningham asked if it was a complication that a part of the parcel is unzoned. 07:49:51 PM (01:53:39) Applicant Presentation Matt Ekstrom with Morrison-Maierle stated traffic will be evaluated at the time of subdivision. 07:50:54 PM (01:54:42) Questions of Applicant DM Mehl asked if the applicant accepts the staff report. 07:51:38 PM (01:55:26) Public Comment Mayor Andrus opened public comment. 07:51:47 PM (01:55:35) Marilee Brown, Public Comment Ms. Brown, Director of Gallatin Alliance for Pathways, strongly supports the annexation. She clarified if “sidewalks” was replaced with “shared use path” in Section 6. As for zoning, Ms. Brown spoke of the need of more flexible zoning on the parcel. 07:54:30 PM (01:58:18) Ralph Zimmer, Public Comment Mr. Zimmer encouraged approval of the annexation, but reiterated the need for a shared use path. He discussed some specific wording changes. 07:58:15 PM (02:02:03) Questions of Staff Cr. Pomeroy asked if M-1 can have affordable housing. Cr. Krauss asked what some of the commercial building limitations could be. Cr. Cunningham asked his guidance about adding “shared use pathway” language. 08:02:26 PM (02:06:14) 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 18056 and move to approve the Park Place Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Commissioner - I-Ho Pomeroy: Motion Commissioner - Terry Cunningham: 2nd 08:03:00 PM (02:06:48) Discussion Cr. Pomeroy stated she is looking forward to seeing development. Cr. Cunningham adopts the findings in the staff report and appreciates the public comments regarding traffic safety. DM Mehl supports the motion, and the annexation specifically. Cr. Krauss discussed the city’s history of annexation, and he supports the annexation. 22 Bozeman City Commission Meeting DRAFT MINUTES, April 9, 2018 Page 9 of 13 Mayor Andrus also supports the annexation, as development in the city is a good idea. 08:09:25 PM (02:13:13) 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 18056 and move to approve the Park Place Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion 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 08:09:41 PM (02:13:29) Motion that having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission and all information presented, I hereby adopt the findings presented in the staff report for application 18056 and move to approve the Park Place Zone Map Amendment, with contingencies required to complete the application processing. Commissioner - I-Ho Pomeroy: Motion Commissioner - Terry Cunningham: 2nd 08:10:13 PM (02:14:01) Discussion Cr. Pomeroy stated the M-1 designation is appropriate. Cr. Cunningham is generally favorably inclined. DM Mehl supports this zoning, as a huge portion of the M-2 zoning is not currently accessible. Cr. Krauss discussed the traffic infrastructure and zoning. Mayor Andrus stated the zoning does have flexibility. Cr. Krauss asked to not model Jackrabbit Lane. 08:19:57 PM (02:23:45) Vote on the Motion that having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission and all information presented, I hereby adopt the findings presented in the staff report for application 18056 and move to approve the Park Place Zone Map Amendment, with contingencies required to complete the application processing. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve 23 Bozeman City Commission Meeting DRAFT MINUTES, April 9, 2018 Page 10 of 13 Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 5. 08:20:12 PM (02:24:00) The Lakes at Valley West Phase 3 Planned Unit Development (PUD) Modification, a Major Modification to a Previously Approved PUD, Relaxations Approved with the Original Approval Will Continue with this Application; Three Further Relaxations are Proposed Regarding Affordable Housing, Lots 5-12, Lakes at Valley West Phase 3 Subdivision; Located at 5519-5609 Arnhem Way, Application 18127 (Quasi-Judicial) (Saunders/Madsen)  08:21:00 PM (02:24:48) Staff Presentation Policy and Planning Manager Chris Saunders introduced the PUD Phase 3 amendment. Affordable Housing Program Manager Matt Madsen discussed the relaxations requested and the subsidies in great detail. He discussed public comment received and staff recommendations. 08:38:04 PM (02:41:52) Questions of Staff Cr. Cunningham asked about the inconsistency between the affordable housing manual and ordinance, and if this would set a precedent. He asked about potential future refinements. He asked about interest on the subsidies. DM Mehl asked about the $1,000 credit and the finances in detail. He asked about the risk in housing. Cr. Pomeroy asked about the current median income. Mayor Andrus asked if the houses were sellable if needed. 08:54:26 PM (02:58:14) Applicant Presentation Greg Stratton discussed the requested PUD amendment. He discussed results of the affordable housing ordinance, and why this should be considered as a contributor. 09:04:45 PM (03:08:33) Questions of Applicant Cr. Cunningham asked how affordable housing impacts his role as a developer. He asked detailed questions about the process and his experience. Cr. Pomeroy asked if the affordable housing incentives are working. 09:12:26 PM (03:16:14) Public Comment Mayor Andrus opened public comment. 09:12:35 PM (03:16:23) Kevin Thane, Public Comment Mr. Thane, member of CAHAB, commended staff for their presentation, and discussed the long history of this project. He discussed that a PUD was necessary for this to move forward. 24 Bozeman City Commission Meeting DRAFT MINUTES, April 9, 2018 Page 11 of 13 09:16:40 PM (03:20:28) Motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby move to adopt the findings presented in the staff report and approve relaxations to 38.43.070.A to allow an alternate pricing structure targeted at 80% of area median income and 38.43.070.C to allow alternate household size in relation to bedrooms for determining maximum sale price and to retain all other applicable code provisions. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 09:17:27 PM (03:21:15) Discussion Cr. Cunningham stated this is an important step in the process and will be voting in support. DM Mehl discussed doing this via a PUD and his support. Cr. Krauss discussed the complexity of this item, and he doesn’t like that every development will have to be a PUD to make this work. Cr. Pomeroy acknowledged this as a priority. Mayor Andrus discussed the importance of adding any affordable housing, and making upcoming tweaks to policy. 09:29:32 PM (03:33:20) Vote on the Motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby move to adopt the findings presented in the staff report and approve relaxations to 38.43.070.A to allow an alternate pricing structure targeted at 80% of area median income and 38.43.070.C to allow alternate household size in relation to bedrooms for determining maximum sale price and to retain all other applicable code provisions. 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 6. 09:29:43 PM (03:33:31) Authorize the Community Development Director to Disburse $80,000 from the Current Affordable Housing Program Budget for Down Payment Assistance of $10,000 Each to Eight Qualified Home-Buyers through the Human Resource Development Council (HRDC) (Madsen)  09:30:02 PM (03:33:50) Staff Presentation Affordable Housing Program Manager Matt Madsen discussed the nature of the item. 25 Bozeman City Commission Meeting DRAFT MINUTES, April 9, 2018 Page 12 of 13 09:30:38 PM (03:34:26) Questions of Staff DM Mehl asked why it wasn’t up to $80,000. Cr. Cunningham asked what the HRDC prequalification process looks like. 09:33:39 PM (03:37:27) Public Comment There was no public comment. 09:33:51 PM (03:37:39) Motion to approve the disbursement of $80,000 to the Human Resource Development Council to provide down payment assistance in the amount of $10,000 each to eight qualified homebuyers for the purchase of Affordable Homes. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 09:34:08 PM (03:37:56) Discussion DM Mehl supports this with the legislative history provided. Cr. Krauss stated staff assumes an “up to” limit for delegated money. Cr. Pomeroy stated this is an excellent use of the funds. 09:35:06 PM (03:38:54) Vote on the Motion to approve the disbursement of $80,000 to the Human Resource Development Council to provide down payment assistance in the amount of $10,000 each to eight qualified homebuyers for the purchase of Affordable Homes. 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 7. 09:35:19 PM (03:39:07) Ordinance 1998 Provisional Adoption, Amending the Design Review Board Duties in Section 2.05.3000.B. to Harmonize with the UDC Update as Described in Ordinances 1978 and 1994 and to Remove Conditional Use Permits from the Purview of the Design Review Board (Jadin)  09:35:51 PM (03:39:39) Staff Presentation Planner Addi Jadin stated the clean-up nature of the ordinance. She provided an overview of the big picture changes. 09:40:36 PM (03:44:24) Questions of Staff 26 Bozeman City Commission Meeting DRAFT MINUTES, April 9, 2018 Page 13 of 13 Cr. Pomeroy asked if this increased usability. Cr. Cunningham asked if the DRB is in favor of the ordinance. 09:41:26 PM (03:45:14) Public Comment There was no public comment. 09:41:42 PM (03:45:30) Motion that having reviewed the presented information, considered public comment, and considered all of the information presented, I hereby move to provisionally adopt Ordinance 1998, amending Bozeman Municipal Code Section 2.05.3000, Design Review Board Duties. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 09:42:01 PM (03:45:49) Discussion Cr. Krauss stated this is a nice cleanup and hopes to see more in the future. Cr. Pomeroy supports the motion. 09:42:27 PM (03:46:15) 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 1998, amending Bozeman Municipal Code Section 2.05.3000, Design Review Board Duties. 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 M. 09:42:38 PM (03:46:26) FYI / Discussion • Mayor Andrus stated that on May 21st two commissioners are now absent, and asked the remaining three to remain available for that evening. N. 09:43:07 PM (03:46:55) Adjournment Mayor Andrus adjourned the meeting at 9:43 PM. 27 Page 1 of 19 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, April 16, 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. 06:00:10 PM (00:04:32) 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. 06:00:21 PM (00:04:43) Pledge of Allegiance and a Moment of Silence C. 06:01:06 PM (00:05:28) Changes to the Agenda There were no changes to the agenda. D. 06:01:12 PM (00:05:34) FYI • Cr. Cunningham updated the Commission of some CAHAB action requests, and an update from HPAB regarding the upcoming awards. • DM Mehl discussed an upcoming free health clinic that he will provide more information in the future. • Cr. Krauss thanked Deputy Police Chief Rich McLane for his years of service. E. 06:02:52 PM (00:07:14) Commission Disclosures • Cr. Cunningham disclosed that he had lunch with the property owner of Consent Item 3 but he did not discuss the specific item. F. 06:03:40 PM (00:08:02) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  28 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 2 of 19 2. Appoint a Sub-Committee of Two Commissioners to Review the Depository Bonds and Pledged Securities as of March 31, 2018 (Clark)  3. Approve the Request for Improvements and Cash In-Lieu of Parkland Dedication for the Icon Apartments Master Site Plan, Application 17542 (Quasi-Judicial) (Johnson)  4. Authorize the Mayor to Sign the Big Sky Economic Development Trust Fund Program Grant Award Contract with the Montana Department of Commerce for Zinovo, LLC (Fontenot)  5. Authorize the City Manager to Sign a Professional Services Agreement with Dropcountr, Inc. for the Development and Subscription of a Web-Based Customer Water Use Presentment Tool (Ahlstrom)  6. Authorize the City Manager to Sign a Professional Services Agreement with Morrison- Maierle, Inc. to Provide Materials Testing for the City (Gamradt)  7. Authorize the City Manager to Sign a Professional Services Agreement with Sprout, Inc. for Median and Grounds Maintenance Services (Vandelinder)  8. Resolution 4899, Confirming the Appointment of a Police Officer (Crawford)  9. Resolution 4902, Authorizing the Submittal of a Grant Application to KaBOOM! to Construct a Volunteer-Built Playground at the Bozeman Sports Park (Poissant)  10. Resolution 4904, Relating to the Application by Mountain Time Arts for the Bloomberg Philanthropies’ Public Art Challenge (Andrus)  11. Ordinance 1999 Final Adoption, Limiting the Restrictions Set Forth in 16-3-306(1), Montana Code Annotated for Certain Restaurants Holding a State Issued Beer with Wine Amendment Alcohol License; the Text Amendment Only Applies to Restaurants within the B-3 and B-2M Zoning Districts, Application 18097 (Rogers)  06:03:44 PM (00:08:06) City Manager Overview CM Surratt provided a brief overview of Consent Items 1-11. 06:05:42 PM (00:10:04) Public Comment There was no public comment. 06:05:58 PM (00:10:20) Motion and Vote to approve Consent Items 1-11 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 29 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 3 of 19 G. 06:06:16 PM (00:10:38) Public Comment There was no public comment. H. 06:07:05 PM (00:11:27) Special Presentation 1. Bozeman Beautification Advisory Board, 2018 Bozeman CleanUp Day on April 21, 2018 (Andreasen/Quatraro) Neighborhood Coordinator Tanya Andreasen introduced Terry Quatraro, who discussed the Bozeman Beautification Advisory Board. I. 06:15:47 PM (00:20:09) Action Items 1. 06:15:50 PM (00:20:12) Resolution 4877, Amending the City's Annual Budget for Fiscal Year 2018 (FY18) for Fire Capital and Equipment Fund Appropriations (Donald)  06:16:04 PM (00:20:26) Staff Presentation Finance Director Kristin Donald discussed the budget amendment for Fire Capital and Equipment. 06:16:34 PM (00:20:56) Questions of Staff DM Mehl asked what the Fire Department currently does for heavy lifting. Mayor Andrus asked about the reason for this request. 06:17:29 PM (00:21:51) Public Comment There was no public comment. 06:17:43 PM (00:22:05) Motion to adopt Resolution 4877, Amending the City’s Annual Budget for Fiscal Year 2018 for Fire Capital and Equipment Fund Appropriations. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Chris Mehl: 2nd 06:18:00 PM (00:22:22) Discussion Cr. Pomeroy stated we have to buy the equipment for insurance. DM Mehl also supports the motion. Cr. Cunningham noted that obesity is becoming more common. Mayor Andrus thanked Chief Waldo for looking elsewhere for partnerships to assist, and supports the motion. 06:19:57 PM (00:24:19) Vote on the Motion to adopt Resolution 4877, Amending the City’s Annual Budget for Fiscal Year 2018 for Fire Capital and Equipment Fund Appropriations. The motion passed 5- 0. 30 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 4 of 19 Commissioner - I-Ho Pomeroy: 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 2. 06:20:09 PM (00:24:31) Lot 3, Tract 7 Smith Annexation and Zone Map Amendment, Annexation of 0.52 Acres and Amendment to the City Zoning Map for the Establishment of a Zoning Designation of R-1, Residential Single-Household Low Density District, Located at 525 Valley Drive, Application 17556 (Pope)  06:20:39 PM (00:25:01) Staff Presentation Assistant Planner Melissa Pope entered her staff report into the record and discussed the requested annexation and zoning. No public comment has been received. 06:22:41 PM (00:27:03) Questions of Staff DM Mehl asked if the surrounding properties are also R-1, and if this is happening because of a septic failure. Cr. Cunningham asked if the north and south adjoining properties are still in the county, and how annexation requests would be processed. He asked if there was a benefit for properties to be annexed together. Community Development Director Marty Matsen and Public Works Director Craig Woolard responded. Cr. Krauss asked if they are required to pay the street impact fee. Cr. Pomeroy asked if the other lots will want to annex, and how the assessments for services work. DM Mehl asked about the requirement to add a sidewalk. 06:32:30 PM (00:36:52) Applicant Presentation Clint Lydell, Engineer with Alpine Surveying and Engineering, representing the applicant, agrees with the staff report with the exception of condition 12 to build a sidewalk. 06:33:47 PM (00:38:09) Public Comment There was no public comment. 06:34:12 PM (00:38:34) 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 17556 and move to approve the Lot 3, Tract 7 Smith Annexation with recommended terms of annexation, and direct staff to prepare an Annexation Agreement for signature by the parties. 31 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 5 of 19 Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 06:34:35 PM (00:38:57) Discussion DM Mehl supports the motion and discussed the City’s goal of annexation. Cr. Cunningham accepts the staff findings and noted the costs of annexation, and encouraged citizens to consider annexing together to gain some efficiencies. Cr. Krauss stated the property has become wholly surrounded by the city. He discussed emergency services, and sympathizes with the sidewalk to nowhere argument. He does support the annexation. Cr. Pomeroy welcomed them to the city. Mayor Andrus supports the annexation and also encouraged groups to annex together. 06:40:53 PM (00:45:15) 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 17556 and move to approve the Lot 3, Tract 7 Smith Annexation with recommended terms of annexation, and direct staff to prepare an Annexation Agreement for signature by the parties. The motion 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 Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 06:41:07 PM (00:45:29) Motion that having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission and all information presented, I hereby adopt the findings presented in the staff report for application 17556 and move to approve the Lot 3, Tract 7 Smith Zone Map Amendment, with contingencies required to complete the application processing. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 06:41:27 PM (00:45:49) Discussion DM Mehl discussed the nature of the zoning and its appropriateness. Cr. Cunningham stated this is properly zoned and adopted the findings in the staff report. Cr. Krauss stated R-1 will be appropriate as a change from R-S. Cr. Pomeroy agrees with the other Commissioners to designate R-1. 32 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 6 of 19 06:43:23 PM (00:47:45) Vote on the Motion that having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission and all information presented, I hereby adopt the findings presented in the staff report for application 17556 and move to approve the Lot 3, Tract 7 Smith Zone Map Amendment, with contingencies required to complete the application processing. The motion 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 Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 3. 06:43:41 PM (00:48:03) Resolution 4852, Formal Adoption of the Strategic Plan for the City of Bozeman (Surratt)  06:44:34 PM (00:48:56) Staff Presentation CM Surratt provided a brief overview of the plan to date. She asked the Commission to consider common themes used for prioritization, and her recommended early plan priorities. She discussed the FY19 budget recommendation. 06:57:48 PM (01:02:10) Questions for Staff Cr. Cunningham asked what happens to the items that aren’t on the prioritized list. He asked why some statements don’t have action items. He asked how to incorporate in public comment if deemed important. Cr. Pomeroy asked what projects we would ask MSU students to assist with. She asked if relationships will include workforce and affordable housing. DM Mehl asked if a public calendar is part of the outreach. He asked about the workload designation of on-going versus additional projects and priorities. Mayor Andrus asked about the budget and timelines in CM Surratt’s presentation. 07:13:25 PM (01:17:47) Public Comment There was no public comment. 07:15:43 PM (01:20:05) Motion and Vote to amend Section 1.3 B to read “Bozeman School Districts” instead of “BSD7.” The motion passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve 33 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 7 of 19 Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 07:16:56 PM (01:21:18) Motion to include a new item in Section 1.3 between C and D to read “Enhance our relationship with Gallatin College.” Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 07:17:13 PM (01:21:35) Discussion Cr. Krauss stated curriculum changes with MSU are challenging. DM Mehl stated the next session also discusses workforce development. 07:20:14 PM (01:24:36) Vote on the Motion to include a new item in Section 1.3 between C and D to read “Enhance our relationship with Gallatin College.” 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 07:20:34 PM (01:24:56) Motion to amend Section 1.3 D, after state to add “and federal.” Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 07:20:51 PM (01:25:13) Discussion Cr. Cunningham stated this is a needed addition. Cr. Krauss stated new opportunities arise as we grow. 07:22:30 PM (01:26:52) Vote on the Motion to amend Section 1.3 D, after state to add “and federal.” The motion passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve 34 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 8 of 19 Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 07:22:58 PM (01:27:20) Motion to amend Section 2.1, adding “appropriate” before “new and existing businesses.” Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 07:23:17 PM (01:27:39) Discussion Cr. Cunningham stated this is measured and appropriate. DM Mehl stated we don’t currently give tax credits, so he’d like to be persuaded on this. Cr. Krauss stated the city doesn’t pursue inappropriate businesses, and the word is subjective. Cr. Cunningham stated there was significant public comment on this item. DM Mehl discussed a potential motion incorporating in the economic development plan language. Mayor Andrus agreed that appropriate may not be the correct word, and outreach might help. 07:30:20 PM (01:34:42) Vote on the Motion to amend Section 2.1, adding “appropriate” before “new and existing businesses.” The motion failed 0-5. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Disapprove Deputy Mayor - Chris Mehl: Disapprove Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Terry Cunningham: Disapprove 07:30:38 PM (01:35:00) Motion to amend Section 2.1, extending the sentence to read “in coordination with the Economic Development Plan.” Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd 07:30:54 PM (01:35:16) Discussion Cr. Krauss discussed the intent of the Economic Development Plan and growth. DM Mehl stated this is a useful addition in the context of growth. 07:35:14 PM (01:39:36) Vote on the Motion to amend Section 2.1, extending the sentence to read “in coordination with the Economic Development Plan.” The motion passed 5-0. 35 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 9 of 19 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: Approve Commissioner - Terry Cunningham: Approve 07:35:34 PM (01:39:56) Motion to amend Section 2.2, striking “commercial and industrial” in the non- bolded text (2.2 A). Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 07:35:51 PM (01:40:13) Discussion DM Mehl stated this adds flexibility. Cr. Cunningham stated this is helpful as we move to incorporating more mixed use. Cr. Krauss discussed infrastructure needs. Cr. Pomeroy stated this encourages alternative transportation. 07:39:39 PM (01:44:01) Vote on the Motion to amend Section 2.2, striking “commercial and industrial” in the non-bolded text (2.2 A). The motion 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 Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 07:39:48 PM (01:44:10) Motion to eliminate 2.4 A. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 07:39:57 PM (01:44:19) Discussion DM Mehl stated this doesn’t fit here, and overlaps with 7.5. Cr. Cunningham stated this is too prescriptive. Cr. Krauss is voting no, and discussed tourism funds. Cr. Pomeroy agrees with Cr. Krauss to diversify funds. Mayor Andrus supports removing this since we already have the authority to do this. 36 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 10 of 19 07:43:50 PM (01:48:12) Vote on the Motion to eliminate 2.4 A. The motion passed 3-2. 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: Disapprove Commissioner - Terry Cunningham: Approve 07:44:04 PM (01:48:26) Motion to eliminate 2.4 B. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 07:44:14 PM (01:48:36) Discussion DM Mehl stated we can learn as we go along. Cr. Cunningham is in support of eliminating this. Cr. Krauss asked why we would have 2.4 if we’ve removed A and B. Mayor Andrus stated this was a large undertaking and better work could be done. 07:46:33 PM (01:50:55) Vote on the Motion to eliminate 2.4 B. The motion 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 Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 07:46:53 PM (01:51:15) Motion to eliminate Section 2.4. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 07:47:00 PM (01:51:22) Discussion Cr. Krauss stated 2.4 is unintelligible. Cr. Pomeroy stated it makes sense to remove. DM Mehl agrees about the wording and will support this. Cr. Cunningham supports the motion. 37 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 11 of 19 Mayor Andrus supports this as we can fine tune annually. 07:49:01 PM (01:53:23) Vote on the Motion to eliminate Section 2.4. 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 07:49:23 PM (01:53:45) Motion to move 3.1 A to the priority list for the Bozeman Strategic Plan, and edit it to only read “Develop a Criminal Justice Facility Plan” and strike the words thereafter. Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd 07:49:51 PM (01:54:13) Discussion Cr. Cunningham stated his reasons to make this a priority. Cr. Krauss asked the intent of the priority and the wording. 07:51:23 PM (01:55:45) Point of Order DM Mehl asked if the reprioritization motions were supposed to happen at a different point during this item. 07:52:02 PM (01:56:24) Motion withdrawn. 07:52:23 PM (01:56:45) Motion to amend 3.1 A to read “Develop a Criminal Justice Facility Plan” [striking the words thereafter]. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 07:52:36 PM (01:56:58) Discussion The Commission referred to discussion in the previous item. 07:52:55 PM (01:57:17) Vote on the Motion to amend 3.1 A to read “Develop a Criminal Justice Facility Plan” [striking the words thereafter]. The motion passed 5-0. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 38 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 12 of 19 Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 07:53:16 PM (01:57:38) Motion to change 3.2 C to add a period after “addiction” and add a sentence reading “The City will collaborate with HRDC or other organizations to develop a year-round homeless shelter.” Commissioner - I-Ho Pomeroy: Motion Commissioner - Terry Cunningham: 2nd 07:54:29 PM (01:58:51) Discussion Cr. Pomeroy discussed the community’s increased needs. Cr. Cunningham discussed homelessness in Bozeman. DM Mehl wondered if the City is the appropriate vehicle for this. Cr. Pomeroy explained her rationale. Cr. Krauss is voting no, as the City is not a charitable organization. Mayor Andrus agrees this is an important issue, but the original statement covers the issue. Cr. Pomeroy further discussed homelessness in the city. 08:06:12 PM (02:10:34) Vote on the Motion to change 3.2 C to add a period after “addiction” and add a sentence reading “The City will collaborate with HRDC or other organizations to develop a year- round homeless shelter.” The motion failed 2-3. Commissioner - I-Ho Pomeroy: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Disapprove Deputy Mayor - Chris Mehl: Disapprove Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 08:06:56 PM (02:11:18) Motion to amend 3.2 C to read “mental health, substance abuse and addiction, and homelessness and housing challenges.” Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 08:07:13 PM (02:11:35) Discussion DM Mehl discussed the challenges of homelessness. 39 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 13 of 19 Cr. Krauss further discussed homelessness and the need to address it, although it’s not a driving piece of the change in C. Cr. Pomeroy stated this is a national problem. 08:11:52 PM (02:16:14) Vote on the Motion to amend 3.2 C to read “mental health, substance abuse and addiction, and homelessness and housing challenges.” 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 08:12:10 PM (02:16:32) Recess Mayor Andrus called the Commission into recess until 8:20 PM. 08:21:23 PM (02:25:45) Call to Order Mayor Andrus called the Commission back to order at 8:21 PM. 08:21:42 PM (02:26:04) Motion to amend Vision Statement 4, replacing “and the Bozeman feel” with “and our heritage.” Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 08:22:16 PM (02:26:38) Discussion Cr. Cunningham stated “Bozeman Feel” is too subjective. Cr. Pomeroy likes the change. DM Mehl is opposing this considering the work that went into this in earlier drafts. Cr. Krauss will be voting no. Mayor Andrus also prefers “Bozeman Feel.” 08:25:36 PM (02:29:58) Vote on the Motion to amend Vision Statement 4, replacing “and the Bozeman feel” with “and our heritage.” The motion failed 2-3. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Cynthia Andrus: Disapprove Deputy Mayor - Chris Mehl: Disapprove Commissioner - Jeff Krauss: Disapprove 40 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 14 of 19 Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 08:25:52 PM (02:30:14) Motion to amend 4.2 D to remove “midtown.” Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd 08:26:11 PM (02:30:33) Discussion Cr. Cunningham stated the NCOD wouldn’t necessarily apply to Midtown. Cr. Krauss believes there is some overlap, but he does support this. DM Mehl stated this is a small change that’s in-line with the general thinking. Mayor Andrus stated these are not mutually exclusive. 08:28:13 PM (02:32:35) Vote on the Motion to amend 4.2 D to remove “midtown.” The motion passed 5-0. 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: Approve Commissioner - Terry Cunningham: Approve 08:28:44 PM (02:33:06) Motion to amend the heading of Section 6.1 to change the heading to “Clean Water and Habitat.” And add a 6.1 b) reading “Work with partner organizations to identify at-risk environmentally sensitive parcels that contribute to water quality, wildlife corridors, and wildlife habitat.” Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 08:30:16 PM (02:34:38) Discussion Cr. Cunningham stated this inventory is important as we grow. DM Mehl asked for clarity on the motion, since it is very broad. Also, how is this more than we already do? Cr. Cunningham stated this was more proactive. Cr. Krauss stated we can control growth in the city, but we’d have a hard time telling people not to develop on their property. DM Mehl stated this is informing the Growth Policy. Cr. Cunningham stated his concerns for future growth. 41 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 15 of 19 Mayor Andrus stated 6.1 the way it’s written is important, but maybe this doesn’t belong here. Cr. Krauss discussed the city’s role and the public goods on the line. DM Mehl saw reason to keep clean water as is, but the intent of part B could be an additional motion. 08:43:42 PM (02:48:04) Vote on the Motion to amend the heading of Section 6.1 to change the heading to “Clean Water and Habitat.” And add a 6.1 b) reading “Work with partner organizations to identify at-risk environmentally sensitive parcels that contribute to water quality, wildlife corridors, and wildlife habitat.” The motion failed 1-4. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Disapprove Deputy Mayor - Chris Mehl: Disapprove Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Terry Cunningham: Approve 08:44:01 PM (02:48:23) Motion to add a Section 6.6 reading “Habitat. Work with partner organizations to identify at-risk environmentally sensitive parcels that contribute to water quality, wildlife corridors, and wildlife habitat.” Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 08:44:29 PM (02:48:51) Discussion DM Mehl stated this can give a small understanding that will be helpful. Cr. Cunningham stated our role in the larger ecosystem. Mayor Andrus asked who would be making these identifications and how do we use that information. 08:51:04 PM (02:55:26) Vote on the Motion to add a Section 6.6 reading “Habitat. Work with partner organizations to identify at-risk environmentally sensitive parcels that contribute to water quality, wildlife corridors, and wildlife habitat.” The motion 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 Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 08:51:21 PM (02:55:43) Motion to make Section 6.4 6.3 D instead. 42 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 16 of 19 Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 08:51:42 PM (02:56:04) Discussion DM Mehl stated this is meant to streamline. 08:52:19 PM (02:56:41) Vote on the Motion to make Section 6.4 6.3 D instead. The motion 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 Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 08:53:28 PM (02:57:50) Motion to move 3.1 A to the priority list. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 08:54:13 PM (02:58:35) Discussion Cr. Krauss stated this was a priority as early as 2008. Mayor Andrus stated this is also her priority. 08:54:48 PM (02:59:10) Vote on the Motion to move 3.1 A to the priority list. 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 08:55:04 PM (02:59:26) Questions of Staff Cr. Cunningham asked CM Surratt asked why updating the Climate Action Plan wasn’t on the priority list. 08:56:38 PM (03:01:00) Motion to adopt Resolution 4852 and to direct the City Manager to incorporate the Strategic Plan into the framework of department work plans, the budget process, and 43 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 17 of 19 future performance evaluations for the City of Bozeman, and to bring back a report on the accomplishments and ongoing activities annually each year as a part of the budget process. Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd 08:57:05 PM (03:01:27) Discussion Cr. Cunningham thanked staff for the work they did in crafting this plan. He thanked the public for their input. Cr. Krauss thanked all for finally getting the document out, which represents a lot of work that is relevant. But he stated this is not his plan and there’s too much in it. Cr. Pomeroy stated she sees this as a tool to lead and guide. DM Mehl stated this is a vision document. Mayor Andrus thanked previous Commissions and staff, and that this will be a guide. 09:22:26 PM (03:26:48) Vote on the Motion to adopt Resolution 4852 and to direct the City Manager to incorporate the Strategic Plan into the framework of department work plans, the budget process, and future performance evaluations for the City of Bozeman, and to bring back a report on the accomplishments and ongoing activities annually each year as a part of the budget process. The motion passed 4-1. Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 4. 09:23:46 PM (03:28:08) Resolution 4861, Amending the Park and Recreation Policy and Fee Schedule for Facility Use and Programs (Overton)  09:23:59 PM (03:28:21) Staff Presentation Parks and Recreation Director Mitch Overton discussed the history of the fee structures, and the changes in the document. No public comment has been received. 09:33:18 PM (03:37:40) Questions of Staff Cr. Krauss asked how the poor folks participate. Cr. Pomeroy asked if raising fees are necessary to be self-sustainable. Cr. Cunningham asked about Belgrade’s fees. Mayor Andrus asked how the Sports Park will be incorporated into this document. She asked about 44 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 18 of 19 charging non-residents more. Cr. Cunningham asked about the bounce house prohibition. 09:44:10 PM (03:48:32) Public Comment There was no public comment. 09:44:23 PM (03:48:45) Motion to adopt Resolution 4861, Amending the Park and Recreation Policy and Fee Schedule for Facility Use and Programs. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 09:44:35 PM (03:48:57) Discussion Cr. Krauss stated this is a good product. DM Mehl stated this gets closer to market rates and is well balanced. Cr. Cunningham likes that this is a public-facing document and it is well thought out. Mayor Andrus spoke of her support of the motion. 09:47:15 PM (03:51:37) Vote on the Motion to adopt Resolution 4861, Amending the Park and Recreation Policy and Fee Schedule for Facility Use and Programs. 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 5. 09:47:24 PM (03:51:46) Resolution 4865, Amending the Sunset Hills Cemetery Fee Schedule (Overton)  09:47:39 PM (03:52:01) Staff Presentation Parks and Recreation Director Mitch Overton provided the reasons for bringing and amended fee recommendation before the Commission. No public comment has been received. 09:54:10 PM (03:58:32) Questions of Staff Cr. Pomeroy asked what can be done if someone can’t pay. DM Mehl asked how resident/non-resident applies to the cemetery. 09:57:15 PM (04:01:37) Public Comment 45 Bozeman City Commission Meeting DRAFT MINUTES, April 16, 2018 Page 19 of 19 There was no public comment. 09:57:23 PM (04:01:45) Motion to adopt Resolution 4865, Amending the Sunset Hills Cemetery Fee Schedule. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Chris Mehl: 2nd 09:57:36 PM (04:01:58) Discussion Cr. Pomeroy agrees with staff’s recommendation. DM Mehl would like staff to look into a non-resident fee structure. Cr. Cunningham discussed the amount needed from the city budget for the cemetery and this brings it down. Mayor Andrus appreciates what has been brought before the Commission tonight. 09:59:17 PM (04:03:39) Vote on the Motion to adopt Resolution 4865, Amending the Sunset Hills Cemetery Fee Schedule. The motion passed 5-0. Commissioner - I-Ho Pomeroy: 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 J. 09:59:27 PM (04:03:49) FYI / Discussion K. 09:59:34 PM (04:03:56) Adjournment Mayor Andrus adjourned the meeting at 9:59 PM. 46 Page 1 of 9 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, April 23, 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 Dais: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, Assistant City Manager (ACM) Chuck Winn, Deputy City Clerk Brenda Sweeney A. 06:00:00 PM (00:01:58) 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 (00:02:05) Pledge of Allegiance and a Moment of Silence C. 06:00:55 PM (00:02:53) Changes to the Agenda There were no changes to the agenda. D. 06:01:03 PM (00:03:01) FYI • Mayor Andrus stated she is changing the consent calendar and asking CM Surratt to highlight those items that are notable. • Mayor Andrus announced this is National Mayors Challenge for Water Conservation month, and water pledges can be made at www.mywaterpledge.com. • CM Surratt recognized GIS Manager John Henderson who received the Montana Association of Geographic Information Professionals GIS Professional Livability Award for 2018. E. 06:02:43 PM (00:04:41) Commission Disclosures There were no Commission disclosures. F. 06:02:52 PM (00:04:50) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  47 Bozeman City Commission Meeting DRAFT MINUTES, April 23, 2018 Page 2 of 9 2. Approval of Depository Bonds and Pledged Securities as of March 31, 2018 (Clark)  3. Authorize the Mayor to Sign an Interlocal Agreement with Bozeman School District 7 for Infrastructure Improvements for the Bozeman Second High School (Rosenberry)  4. Authorize the City Manager to Sign a Notice of Award and Purchase Agreement with Motor Power Equipment Company for One New 2019 Single Axle Dump Truck with Installed Plow and Sander for $150,472.00 (Vandelinder)  5. Authorize the City Manager to Sign a Notice of Award and Purchase Agreement with Motor Power Equipment Company for One New 2019 Tandem Axle Dump Truck with Installed Plow and Sander for $175,400.00 (Vandelinder)  6. Authorize the City Manager to Sign a Construction Agreement with Mazzella Construction, LLC for Installation of the Sandan Park Picnic Shelter (Poissant)  7. Authorize the City Manager to Sign a Lease Agreement with Caterpillar Financial Services Corporation (Tractor & Equipment Company) for the Lease of One New Caterpillar Motor Grader for a Total of $244,231.00 Over Five Years (Vandelinder)  8. Authorize the City Manager to Sign a Professional Services Agreement with Plum Design Lab for Construction Administration Services for the Sandan Park Picnic Shelter (Poissant)  9. Authorize the City Manager to Sign a Right-of-Way Permit with the Department of the Interior U.S. Fish and Wildlife Service for Construction of the Bicycle and Pedestrian Pathway to the “M” and Drinking Horse Mountain Project (Poissant)  10. Authorize the City Manager to Sign Task Order Number 5 with Sanderson Stewart for Fifth Avenue Parking and Sidewalk Improvements (Fine)  11. Ratify the City Manager's Signature on Task Order Number 6 with Sanderson Stewart for Midtown and Downtown Sewer Capacity Analysis, Flow Monitoring (Fine)  12. Authorize the City Manager to Sign Amendment Number 1 to the Professional Services Agreement with Peaks to Plains Design, PC for the Parks and Trails District Feasibility Study (Overton)  13. Ordinance 1998 Final Adoption, Amending the Design Review Board Duties in Section 2.05.3000.B. to Harmonize with the UDC Update as Described in Ordinances 1978 and 1994 and to Remove Conditional Use Permits from the Purview of the Design Review Board (Jadin)  06:02:57 PM (00:04:55) City Manager Overview CM Surratt provided a brief overview of Consent Items 1-13. Parks and Recreation Director Mitch Overton provided an overview of Consent Item 9. 06:07:04 PM (00:09:02) Public Comment There was no public comment. 06:07:18 PM (00:09:16) Motion and Vote to approve Consent Items 1-13 as submitted. The motion passed 5-0. 48 Bozeman City Commission Meeting DRAFT MINUTES, April 23, 2018 Page 3 of 9 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. 06:07:42 PM (00:09:40) Public Comment Mayor Andrus opened public comment. 06:08:29 PM (00:10:27) Jim Goetz, Public Comment Mr. Goetz spoke about his concerns regarding the Residential Parking District around the MSU Campus. 06:10:11 PM (00:12:09) Jill Davenport, Public Comment Ms. Davenport spoke about her concerns regarding the time-limited Residential Parking District around the MSU Campus. 06:13:28 PM (00:15:26) Jeff Musselman, Public Comment Mr. Musselman spoke about his concerns regarding the Residential Parking District and MSU students parking by his residence. 06:16:02 PM (00:18:00) Ben Baker, Public Comment Mr. Baker spoke about his work as a contractor in one of the time-limited Residential Parking Districts and the amount of parking around the renovations he conducts. 06:18:41 PM (00:20:39) Jenny Stratton, Public Comment Ms. Stratton spoke about the Residential Parking District and number of parking passes she has purchased for her own use. H. 06:19:41 PM (00:21:39) Special Presentation 1. Citizen Advisory Boards, Committees, and Commissions Project Update by Mayoral Mentee Amber Roberts Amber Roberts, Mayoral Mentee, presented a project update on the Citizen Advisory Boards, which is a summary of survey results and recommendations. 06:36:04 PM (00:38:02) Questions of Presenter CM Surratt pointed out Amber is working on 1.2A of the Strategic Plan. Mayor Andrus asked Amber to talk about the timeline of the survey. Cr. Krauss asked about feedback regarding the ethics training provided for and required of board 49 Bozeman City Commission Meeting DRAFT MINUTES, April 23, 2018 Page 4 of 9 members. I. 06:38:41 PM (00:40:39) Action Items 1. 06:38:49 PM (00:40:47) Special State Fire Assistance Subaward Agreement with the Montana Department of Natural Resources and Conservation (DNRC) for the Sourdough Creek Municipal Watershed Fuels Management Project (Heaston)  06:39:07 PM (00:41:05) Staff Presentation Senior Engineer Brian Heaston presented the purpose of the Sourdough Watershed Fuels Management Project, which is to reduce the risk of wildfire in the City’s municipal watershed areas and ensure an adequate and reliable water supply. He talked about funding for the subaward agreement. 06:41:54 PM (00:43:52) Questions of Staff Cr. Pomeroy asked about operating expenses and contracting services. Cr. Cunningham asked Mr. Heaston to talk about impacts of the project on the public. Cr. Mehl asked about new road building. Mayor Andrus asked about length of project time from start to finish as well as anticipated results. 06:51:52 PM (00:53:50) Public Comment There was no public comment. 06:52:39 PM (00:54:37) Motion to authorize the City Manager to sign the Special State Fire Assistance Subaward Agreement with the DNRC for the Sourdough Creek Municipal Watershed Fuels Management Project. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Terry Cunningham: 2nd 06:53:21 PM (00:55:19) Discussion Cr. Pomeroy stated one of the fundamentals of public service is providing clean water to our citizens. Cr. Cunningham talked about the concern of wildfires and the Commission’s obligation to help mitigate the fuel load. Cr. Mehl will support the motion as it has been a priority of the Commission. Cr. Krauss talked about a healthy forest, watershed and the importance of clean water. Mayor Andrus will support the motion and commented it is part of our resiliency planning. 07:00:22 PM (01:02:20) Vote on the Motion to authorize the City Manager to sign the Special State Fire Assistance Subaward Agreement with the DNRC for the Sourdough Creek Municipal Watershed Fuels Management Project. The motion passed 5-0. 50 Bozeman City Commission Meeting DRAFT MINUTES, April 23, 2018 Page 5 of 9 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. 07:00:38 PM (01:02:36) Presentation of Refined Options and Pricing; Joint Project with Gallatin County for Law Enforcement Building and a Bozeman Public Safety Facility (BPSF) on City-Owned Property on Rouse Avenue (Winn)  07:01:09 PM (01:03:07) Staff Presentation ACM Chuck Winn discussed the background of options presented previously for the joint project. He talked about shared efficiencies and partnership opportunities with both projects. He talked about the basis for the Bozeman Public Safety Facility (BPSF), including funding and total costs. He talked about the joint law enforcement building project including funding for the construction. 07:34:56 PM (01:36:54) Recess Mayor Andrus called the Commission into recess until 7:45 PM. 07:45:11 PM (01:47:09) Call to Order Mayor Andrus called the Commission back to order at 7:45 PM. 07:45:39 PM (01:47:37) Questions of Staff Cr. Cunningham asked ACM Winn about the option of renovating the current Law Justice Center for future use. He asked about project costs as well as current working conditions. Cr. Mehl asked ACM Winn about room to expand. He asked about trends in co-location practices in similar sized towns. Cr. Krauss asked about costs of relocating district courts. He asked about efficiencies of all joint locations as well as vacated space. Cr. Pomeroy asked about costs of both projects and whether they are the same for tax payers. She asked about operational costs for the BPSF. Mayor Andrus asked about cost estimates. She asked Fire Chief Josh Waldo about efficiencies with police and fire co-located in the same facility. Cr. Krauss asked whether the county shares our commitment to a complete streets policy. He asked about the county’s willingness to sign off on our non-discrimination policies. 08:38:18 PM (02:40:16) Public Comment Mayor Andrus opened public comment. 51 Bozeman City Commission Meeting DRAFT MINUTES, April 23, 2018 Page 6 of 9 08:38:24 PM (02:40:22) Judge Colleen Harrington, Public Comment Judge Harrington talked about the support of the county for the BPSF. 08:41:25 PM (02:43:23) Laurita Green, Public Comment Ms. Green talked about the public comment e-mails she sent out last week regarding open land she proposed for the joint project. 08:45:13 PM (02:47:11) Motion that after listening to the presentations and taking public comment, I move to direct the City Manager to work with Gallatin County to finalize a joint law enforcement project on the Law and Justice Center site and bring back to the City Commission draft mill levy ballot funding language for a November 2018 election. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 08:45:49 PM (02:47:47) Discussion Cr. Cunningham supports the will of the Commission regardless of the chosen option keeping in mind what we’re trying to accomplish with this project. He talked about everything learned and all the needs identified as well as challenges ahead. Cr. Mehl talked about the goals of maintaining a safe city through safer facilities. He talked about cost efficiency long-term. He talked about the long-term history with the county. Cr. Krauss will vote no and talked about the difference in values between city and county government. Cr. Pomeory talked about the difficulties of the decision. Mayor Andrus talked about the current goals of building new facilities and feels the current motion does not support those needs. She talked about the cooperation with the county. Cr. Mehl talked about addressing other opportunities to enlarge our cooperation with the county. Cr. Krauss talked about adding an intersection into the courts facility and doesn’t want to confuse the issues. 09:23:51 PM (03:25:49) Vote on the Motion that after listening to the presentations and taking public comment, I move to direct the City Manager to work with Gallatin County to finalize a joint law enforcement project on the Law and Justice Center site and bring back to the City Commission draft mill levy ballot funding language for a November 2018 election. The motion failed 4-1. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Disapprove Deputy Mayor - Chris Mehl: Disapprove Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Terry Cunningham: Approve 52 Bozeman City Commission Meeting DRAFT MINUTES, April 23, 2018 Page 7 of 9 09:24:11 PM (03:26:09) Motion that after listening to the presentations and taking public comment, I move to direct the City Manager to finalize plans for a Bozeman Public Safety Facility on city-owned property on Rouse Avenue and return to the Commission with draft mill levy and bond information for a future election. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 09:24:27 PM (03:26:25) Discussion Cr. Krauss talked about the location benefits of the BPSF. Cr. Pomeroy support Cr. Krauss’ comments. She will support the motion. Cr. Cunningham will vote no. He does not believe this will be supported by the public. Cr. Mehl talked about maintaining our high level of safety. He will support the motion. Mayor Andrus will support the motion and believes it meets the pressing needs in the community. Cr. Krauss talked about accountability. 09:50:03 PM (03:52:01) Vote on the Motion that after listening to the presentations and taking public comment, I move to direct the City Manager to finalize plans for a Bozeman Public Safety Facility on city-owned property on Rouse Avenue and return to the Commission with draft mill levy and bond information for a future election. 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: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Disapprove 3. 09:50:19 PM (03:52:17) Municipal Code Modifications Regarding the Creation, Operation, Expansion, and Dissolution of Residential Parking Permit Districts; and Consideration of Whether New Residential Parking Permit Districts Should be Created Along the Northern and Southern Boundaries of the Downtown B-3 Area (Meece)  09:50:55 PM (03:52:53) Staff Presentation Parking Manager Ed Meece talked about the framework of parking permits and the need for residential parking permit districts. He talked about recommendations for changes to the existing municipal code. 10:00:44 PM (04:02:42) Meeting Extension Mayor Andrus extended the Commission meeting until 10:20 PM. 53 Bozeman City Commission Meeting DRAFT MINUTES, April 23, 2018 Page 8 of 9 10:02:16 PM (04:04:14) Questions of Staff Mayor Andrus asked about the procedure should the Commission direct CM Surratt to draft an ordinance. Cr. Mehl asked about the action of the motion. He asked for clarification of new language in the staff memo. Mayor Andrus suggested this discussion be continued to the next available date. 10:17:34 PM (04:19:32) Motion to continue discussion of Action Item 3 to the next available date. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 10:17:46 PM (04:19:44) Discussion Cr. Cunningham commented this is not normally how data is presented and is not able to respond. Cr. Mehl is open to getting additional information from staff. 10:18:36 PM (04:20:34) Vote on the Motion to continue discussion of Action Item 3 to the next available date. 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. 10:18:50 PM (04:20:48) Reappointment(s) to the Downtown Area Urban Renewal District Board (DURB) (Sweeney)  10:18:59 PM (04:20:57) Motion to reappoint Bill Stoddard to the non-voting position with a term ending June 30, 2018 and reappoint Tony Renslow to the voting position with a term ending June 30, 2020 to the Downtown Area Urban Renewal District Board Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 10:19:23 PM (04:21:21) Vote on the Motion to reappoint Bill Stoddard to the non-voting position with a term ending June 30, 2018 and reappoint Tony Renslow to the voting position with a term ending June 30, 2020 to the Downtown Area Urban Renewal District Board. The motion passed 5-0. 54 Bozeman City Commission Meeting DRAFT MINUTES, April 23, 2018 Page 9 of 9 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 J. 10:19:34 PM (04:21:32) FYI / Discussion • Cr. Krauss stated Vision Zero Montana Department of Transportation has released their list of projects. K. 10:20:20 PM (04:22:18) Adjournment Mayor Andrus adjourned the meeting at 10:20 PM. 55