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HomeMy WebLinkAbout01-13-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana part 2Page 1 of 22 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, January 13, 2020 THIS RECORDING BEGINS AT ITEM E Previous portions of the meeting can be viewed here: https://media.avcaptureall.com/session.html?sessionid=d9b8fe52-5bb2-4c0b-89e3- 7a9f1b724ea7&prefilter=654,3835 Staff Present at the Dais: Interim City Manager (ICM) Dennis M. Taylor, City Attorney (CA) Greg Sullivan, Assistant City Manager (ACM) Chuck Winn, Community Development Director Martin Matsen, Interim City Clerk (ICC) Mike Maas, Meeting Clerk Tom Londe A. Call to Order – 4:00 PM - Commission Room, City Hall, 121 North Rouse B. Authorize Absence - Commissioner Michael Wallner C. Action Item 1 1. Discussion Regarding City Manager Profile and Recruitment Process  D. Pledge of Allegiance and a Moment of Silence 06:00:09 PM (00:13:42) Call to Order Mayor Mehl called the meeting back to order. Cr. Wallner joined the meeting. Mayor - Chris Mehl: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Commissioner - Michael Wallner: Present DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 2 of 22 E. 06:00:28 PM (00:14:01) Changes to the Agenda ICM Taylor added FYI after disclosures. F. 06:00:54 PM (00:14:27) Public Service Announcement 1. No City Commission Meeting and City Offices Closed on January 20, 2020 in Observance of Martin Luther King, Jr. Day G. 06:01:19 PM (00:14:52) Commission Disclosures No disclosures 06:01:25 PM (00:14:58) FYI: Mayor Mehl announced that the Planning Board will meet in the Commission Room regarding the Community Plan H. 06:02:00 PM (00:15:32) Minutes 1. Approve the Regular Meeting Minutes from December 2, December 9, and December 16, 2019, Special Meeting Minutes from December 5 and December 11, 2019, Executive Session Minutes from December 5, 2019, and User Access to Linked Minutes (Maas) 06:02:28 PM (00:16:01) Motion and Vote to approve the combined City Commission minutes from December 2, December 5, December 9, December 11, and December 16, 2019 as submitted. The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve I. 06:03:09 PM (00:16:41) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2. Formal Cancellation of January 20, 2020 City Commission Meeting (Maas) 3. Authorize the Interim City Manager to Sign the First Amendment to the Professional Services Master Task Order Agreement with Design 5, LLC for Median Landscape Design Professional Services. (Ahlstrom) DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 3 of 22 4. Authorize the Interim City Manager to Sign Amendment Number 8 to the Durston and Cottonwood Roads Improvements Project for the Durston Road from Flanders Mill to Fowler Avenue Construction Phase (Murray) 5. Authorize Interim City Manager to Sign License Agreement with Merin Property Owner, LLC and Dick Anderson Construction for Use of Community Gardens for Construction Staging for the Merin Building (Sullivan) 6. Award Bid of the New Dump Truck to Floyd’s Truck Center in Belgrade Montana and Authorize the Interim City Manager to Sign Purchase Agreement for the Total Amount of $96,170 (Pericich) 7. Resolution 5125, Calling a Public Hearing to Approve Certain Public Infrastructure Improvements in the Bozeman Midtown Urban Renewal District as an Urban Renewal Project and to Finance the Project Through the Issuance of Tax Increment Urban Renewal Bonds; and Making a Reimbursement Declaration in the Event that Tax-Exempt Bond Proceeds Reimburse Original Expenditures of the City (Fine) 8. Resolution 5128, Authorizing the Mayor to Sign Change Order Number 1 to the Sunset Hills Cemetery and Lindley Park Water Conservation Project (Ahlstrom) 06:03:00 PM (00:16:33) Interim City Manager Overview ICM Taylor provided the highlights of the consent agenda. 06:03:35 PM (00:17:08) Motion to approve Consent Items 1-8 as submitted. The motion passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 06:03:45 PM (00:17:18) Public Comment There was no public comment. 06:03:56 PM (00:17:29) Vote on the Motion to approve Consent Items 1-8 as submitted. The motion passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve J. 06:04:20 PM (00:17:52) Public Comment Mayor Mehl opened the meeting to public comment DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 4 of 22 06:05:02 PM (00:18:35) Michelle Alverson, Public Comment Ms. Alverson advocated that the City pursue changes to limitations upon regulating landlords in Montana Code Annotated. K. 06:11:14 PM (00:24:47) Special Presentation Mayor Mehl introduced the role of special presentations for the upcoming year. 1. 06:12:13 PM (00:25:46) Human Resource Development Council's Update on Homelessness in Bozeman (Menuez, HRDC) 06:12:44 PM (00:26:17) CEO Heather Grenier, Housing Director Shari Eslinger, and Housing and Health Coordinator Lila Fleishman presented the state of homelessness nationally and specifically in Bozeman. They presented the services utilized by community members and provided data on the amount of services used. 06:26:05 PM (00:39:38) Questions Cr. Pomeroy commented on the presentation and asked about data for positive outcomes related to homelessness and how the City can assist with HRDC’s work with homeless citizens. She also inquired about the status of Fork & Spoon. Cr. Wallner thanked HRDC for their work and asked if HRDC is familiar with the work done in Boise, ID. DM Andrus asked about other financial partners and commented on the work by the National League of Cities. Cr. Cunningham commented on the frequent users identified by the FUSE initiative and the need for self- sustaining funding. He asked about the cause of homelessness in our community. He asked about the number individuals on waiting lists and their duration for housing services. Mayor Mehl offered his thanks to HRDC for their presentation. He commented on the benefit to the City to hear from their community partners. L. 06:39:45 PM (00:53:18) Action Items 2 1. 06:39:57 PM (00:53:29) Resolution 5122, Creation of Special Improvement Lighting District 758, Nelson Meadows Subdivision (Donald) 06:40:10 PM (00:53:43) Staff Presentation Finance Director Kristin Donald explained this is the public hearing for SILD 758 for which there were no protests received. She talked about the type of lighting, location, and assessments. 06:41:11 PM (00:54:44) Questions of Staff Cr. Pomeroy asked about changes in lighting standards. Cr. Wallner asked about whether the cost’s presented was for this specific district or city-wide. DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 5 of 22 DM Andrus asked about light shields and adjustments to light intensity. Mayor Mehl asked for the highlight of the forthcoming lighting survey. 06:48:14 PM (01:01:47) Staff Clarification City Engineer Shawn Kohtz previewed the forthcoming results from the City’s lighting survey. 06:49:11 PM (01:02:44) Public Comment There was no public comment. 06:49:21 PM (01:02:54) Motion to adopt Resolution 5122, Creation of Special Improvement Lighting District Number 758, North Meadows Subdivision. Commissioner - I-Ho Pomeroy: Motion Commissioner - Michael Wallner: 2nd 06:49:40 PM (01:03:13) Discussion Cr. Pomeroy stated she will support the motion. Cr. Wallner stated the importance of lighting districts for public safety. He will support the motion. DM Andrus stated she is looking forward to the future presentation and how to deal with overlighting and to comply with the Dark Skies Initiative. She will support the motion. Cr. Cunningham stated he will support the motion and added he too is looking forward to the future lighting presentation. 06:50:53 PM (01:04:26) Vote on the Motion to adopt Resolution 5122, Creation of Special Improvement Lighting District Number 758, North Meadows Subdivision. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Michael Wallner: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 2. 06:51:27 PM (01:04:59) Resolution 5123, Amending the City’s Annual Budget for the Street Maintenance, Water, Wastewater, Solid Waste, Stormwater, and Public Works Admin Funds Appropriations for the Fiscal Year Ending June 30, 2020 (FY20). (Donald) 06:51:43 PM (01:05:16) Staff Presentation Finance Director Donald presented the changes to the current fiscal year’s budget. DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 6 of 22 06:54:14 PM (01:07:46) Questions of Staff Cr. Wallner asked when the first bid for the project occurred. He asked about lack of need for snowplowing and if it is part of this project. DM Andrus asked about the funding related to vacancy savings. Cr. Cunningham asked what projects were forgone to create the savings expended by this project. Cr. Pomeroy asked why the Public Works Administration fund was not adjusted. Mayor Mehl asked about funding from Information Technology and Planning portions of the funding adjustment. 06:58:50 PM (01:12:23) Public Comment No public comment 06:59:06 PM (01:12:39) Motion to approve Resolution 5123, amending the City’s Annual Budget for the Street Maintenance, Water, Wastewater, Solid Waste, Stormwater, and Public Works Admin Funds Appropriations for the Fiscal Year Ending June 30, 2020 (FY20). Commissioner - Michael Wallner: Motion Deputy Mayor - Cynthia Andrus: 2nd 06:59:28 PM (01:13:01) Discussion Cr. Wallner looks forward to staff having an improved work space. He thanked staff for their work on a necessary project. He stated his support for the motion. DM Andrus stated her support for the motion. Cr. Cunningham thanked staff and appreciated the project’s improvements to workflow and morale. Cr. Pomeroy stated her support for the motion. Mayor Mehl spoke to the improved customer service result of this project. 07:01:38 PM (01:15:10) Vote on the motion to approve Resolution 5123, amending the City’s Annual Budget for the Street Maintenance, Water, Wastewater, Solid Waste, Stormwater, and Public Works Admin Funds Appropriations for the Fiscal Year Ending June 30, 2020 (FY20). The motion passed 5-0. Commissioner - Michael Wallner: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 3. 07:01:52 PM (01:15:25) Resolution 5120, Adoption of Annexation and Provisional Adoption of Ordinance 2037 Regarding Annexation of 0.388 acres and Adjacent Right-of-way and Amending the City Zoning Map for the Establishment of a Zoning Designation of R-3 DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 7 of 22 Residential Medium Density District at 2504 W. Mendenhall Street, Application 19462. (Saunders) 07:02:35 PM (01:16:08) Staff presentation Community Development Manager Chris Saunders presented the staff report and recommendations on the annexation and zoning designation of application 19462. 07:10:33 PM (01:24:06) Questions of Staff DM Andrus asked about the standards of roads included in the application. Cr. Cunningham asked about the driving force for this application and the Zoning Commission’s action. Cr. Pomeroy asked about unannexed islands in this area and if the applicant will be paying for upgrades. Cr. Wallner asked about the infill definition and specific zoning designation in the application. Mayor Mehl asked about spot zoning criteria and the contiguous zoning extension. He asked for clarification regarding the potential of intensification of density. 07:21:01 PM (01:34:33) Applicant Presentation Tanner Skelton spoke to the application’s zoning request and the process of annexation. He stated the need for the application was due to a failed septic system. 07:24:24 PM (01:37:57) Questions of the Applicant Cr. Cunningham spoke to the flexibility offered by the Commission to the City Manager. He asked whether the remedy to the applicant’s immediate concern was to their satisfaction. Cr. Pomeroy asked about costs associated with connecting to City services. Cr. Wallner asked about the two units. Mayor Mehl asked if the applicant had seen the staff report and if he had any issues with it. 07:27:35 PM (01:41:08) Public Comment There was no public comment. 07:27:54 PM (01:41:27) 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 19462 and move to approve Resolution 5120, the 2504 W. Mendenhall Street Annexation and authorize the Interim City Manager to sign the annexation agreement on behalf of the City. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd 07:28:22 PM (01:41:55) Discussion DM Andrus stated her support of the application due to meeting of City’s goals for annexation. Cr. Cunningham commented on the likelihood of similar future emergency annexations and their DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 8 of 22 financial burden. Cr. Pomeroy commented on the need for the City to help with financial needs of annexation. She will support the motion. Cr. Wallner stated he will not support the motion as it is out of character for the neighborhood. Mayor Mehl stated he will support the motion. 07:33:59 PM (01:47:31) 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 19462 and move to approve Resolution 5120, the 2504 W. Mendenhall Street Annexation and authorize the Interim City Manager to sign the annexation agreement on behalf of the City. The motion passed 4-1. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Disapprove 07:34:17 PM (01:47:50) 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 19462 and move to provisionally adopt Ordinance 2037, the 2504 W Mendenhall Street Zone Map Amendment. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd 07:34:40 PM (01:48:13) Discussion DM Andrus stated she will support the motion because the applicant meets the required four goals in the Growth Policy. Cr. Cunningham stated support for the motion. Cr. Pomeroy stated support for the motion. Cr. Wallner stated he will not support the motion because R-3 zoning designation is inconsistent with the character with the neighborhood. Mayor Mehl agreed with the staff recommendations and will support the motion. 07:38:04 PM (01:51:36) 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 19462 and move to approve Resolution 5120, the 2504 W. Mendenhall Street Annexation and authorize the Interim City Manager to sign the annexation agreement on behalf of the City. The motion passed 4-1. DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 9 of 22 Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Disapprove 4. 07:38:34 PM (01:52:06) University Crossing 2020 Annexation and Zone Map Amendment, Annexation of 1.62 Acres and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of B-2, Community Business District, Located Southwest of the Intersection of Kagy Blvd and Stockman Way, Application 19444 (Saunders) 07:39:09 PM (01:52:41) Staff Presentation Planner Saunders presented the staff report and recommendations on the annexation and zoning designation of application 19444. 07:43:00 PM (01:56:33) Questions of Staff Cr. Cunningham asked whether the applicant considered B-2M designation. Cr. Pomeroy asked about the difference between this action item and the previous action item regarding the lack of ordinances and resolution. 07:46:45 PM (02:00:17) Applicant Presentation Matt Hauser, Project Engineer with C&H Engineering presented for the applicant. 07:48:17 PM (02:01:49) Questions of Applicant Cr. Cunningham asked if the applicant’s representative agreed to the conditions contained in the staff report. 07:48:47 PM (02:02:20) Public comment There was no public comment. 07:48:59 PM (02:02:32) 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 19444 and move to approve the University Crossing 2020 Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 10 of 22 07:49:37 PM (02:03:10) Discussion Cr. Cunningham agreed with the staff report and staff findings. He will support the motion. Cr. Pomeroy stated she also agreed with staff’s recommendation and will support the motion. Cr. Wallner thanked staff and the applicant. 07:51:05 PM (02:04:38) 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 19444 and move to approve the University Crossing 2020 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 - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 07:51:19 PM (02:04:52) Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19444 and move to approve the University Crossing 2020 Zone Map Amendment, with contingencies required to complete the application processing. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd 07:51:39 PM (02:05:12) Discussion Cr. Cunningham stated the requirements for zoning. He agreed with staff’s recommendation and will support the motion. Cr. Pomeroy stated she will support the motion. Cm Wallner agreed with Cr. Cunningham in support of the motion and thanked the applicant. DM Andrus stated her support for the motion and supports a future designation of B2-M in the future. Mayor Mehl stated the Zoning Commission supported a B2-M designation. He stated he will support the motion. 07:53:30 PM (02:07:03) Vote on the Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19444 and move to approve the University Crossing 2020 Zone Map Amendment, with contingencies required to complete the application processing. The Motion Passed 5-0. DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 11 of 22 Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 07:53:43 PM (02:07:16) Recess Mayor Mehl called for a 10 minute recess 08:03:15 PM (02:16:48) Call to order Mayor Mehl called the meeting back to order. 5. 08:03:22 PM (02:16:55) Presentation of City Manager’s Recommendations Regarding Objectives, Action Strategies, and Action Items from the Adopted Community Housing Action Plan (Matsen) 08:03:35 PM (02:17:08) Introduction ICM Taylor presented an introduction including an update since he was with the City two years ago. 08:06:15 PM (02:19:48) Commission Clarification Cr. Pomeroy asked about the possibility of adding action items. 08:09:08 PM (02:22:40) Staff Presentation Community Development Director Marty Matsen welcomed Tanya Andreasen, the City’s new Community Housing Program Manager. He highlighted affordable housing’s place within the City’s Strategic Plan, the objectives of the Community Housing Action Plan, the 19 action strategies, and staff’s seven recommended action items to implement those strategies. 08:28:38 PM (02:42:10) Questions of staff Cr. Pomeroy asked about the practicality of accomplishing the new seven action items. She asked whether staff looked into efforts from other cities. Cr. Wallner thanked Director Matsen and staff for their efforts. He asked about the effectiveness of inclusionary zoning. He asked about the requirements for deed restricted housing. He asked about staffing levels required to meet the action items. He asked about up-zoning actions by other cities. He asked about current regulatory limits and their effect on affordable housing. He asked about other cities’ efforts to adjust parking strategies related to up-zoning. DM Andrus asked about the audit and recommendations to the UDC and how that interacts with other action items. She asked about needs for additional capacity requirements to align Low Income Housing DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 12 of 22 Tax Credits census tracts and City zoning. She asked about City resource requirements resulting from actions led by community partners. She asked about criteria to allocate Community Housing Funds. Mayor Mehl asked for clarification on who will draft recommendation for criteria of fund requests. DM Andrus asked if any specific action items will result in a specified number of additional housing units. Cr. Cunningham asked for clarification from the Mayor regarding policy direction process. He asked about staff’s level of credence given to the strategic plan when developing action items. He asked about up-zoning’s representation in the seven action items. He asked how the City can move along strategies that are driven by community partners. He asked about the value of the Commission having a presentation regarding deed restriction and land trust housing. He asked for clarification regarding land trust housing. He asked whether review of the UDC and other City codes would provide affordable housing and the proper funding method for that effort. He asked about how LIHTC relates to code changes. Cr. Pomeroy asked for clarification on staffing levels of building inspectors. She asked about operating hours in Community Development. She asked about the timeline of building reviews to address a citizen complaint. She asked about balancing workloads of day-to-day operations with action items presented in the Community Housing Plan. DM Andrus asked about previous City efforts involving accessory dwelling units in relation to the recommended actions. Cr. Wallner asked about duplexes with an attached garage’s effect on affordable housing. Mayor Mehl noted CAHAB’s question on incentives alignment with UDC review. He asked for clarification on the audit and review of the UDC. He asked about CAHAB’s inquiry about rental subsidies. He asked about a timeline from CAHAB regarding evaluation criteria to utilize workforce housing funds. He asked about parking review’s position in the UDC review. He asked about a timeline upon adoption of recommendations. He asked for clarification about the development tracker provided in supplemental materials. He asked why Public/Private/Institutional Partnerships was not combined with Employer Assisted Housing. He asked about clarification around the pre-approved plans for ADUs and whether the number suggested would meet demand. He asked about the recommendation of no adjustments at this time. He asked about inclusionary zoning’s particulars for effectiveness*. He asked about including a requirement for alternative transportation related to up-zoning. DM Andrus asked how many ADU have been built resulting from the partnership with MSU and community demand for them. She asked whether providing pre-approved plans for ADUs would result in a valuable return on the City’s investment. 09:50:09 PM (04:03:42) Public Comment There was no public comment. 09:51:31 PM (04:05:04) Motion that having reviewed and considered the City Manager’s recommendations, public comment and all other information presented, I hereby move to accept the recommendations as outlined below. Commissioner - I-Ho Pomeroy: Motion DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 13 of 22 Commissioner - Terry Cunningham: 2nd 09:51:55 PM (04:05:28) Discussion Mayor Mehl asked for any overarching motions before discussion the action strategies individually. 09:52:08 (04:05:41) Amendment to the Motion that the CAHAB Commission liaison, in coordination with the City Manager, shall work with the Community Development Department to advance the action plan items that require coordination with community partners, providing regular updates to the Commission. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd 09:52:45 PM (04:06:18) Discussion Cr. Cunningham spoke to his amendment. DM Andrus asked for clarification on the amendment for community partners. Mayor Mehl asked a follow up question whether Cr. Cunningham intended his amendment to only items recommended by staff or to any items in the Action Plan. DM Andrus asked if Cr. Cunningham intended his amendment to move on items not recommended from the CM or Director. Cr. Cunningham clarified the intent was directed at the action strategies that the City was not identified as the lead. Cr. Pomeroy asked for staff’s opinion on Cr. Cunningham’s amendment. 09:58:24 PM (04:11:57) Meeting Extended Mayor Mehl extended the meeting to 10:30 PM. 09:58:33 PM (04:12:06) Clarification of Staff Director Matsen and ICM Taylor responded to Cr. Pomeroy’s question. 09:59:58 PM (04:13:31) Discussion Continues Cr. Wallner asked for clarification from Cr. Cunningham on his amendment. Mayor Mehl asked for clarification on the reporting mechanism Cr. Cunningham recommended. He stated his support for the amendment. DM Andrus stated her uncertainty at this amendment setting precedent with how the Commission operates as a liaison. 10:06:28 PM (04:20:00) Vote on the Amendment to the Motion that the CAHAB Commission liaison, in coordination with the City Manager, shall work with the Community Development Department to advance the action plan items that require coordination with community partners, providing regular updates to the Commission. The amendment passed 5-0. DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 14 of 22 Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:07:27 PM (04:21:00) Discussion Mayor Mehl began addressing individual action strategies 1 through 19. 10:07:48 PM (04:21:21) Point of Order Cr. Cunningham offered a motion to amend Action Plan item 2 involving Tax Increment Financing. DM Andrus called for a point of order to clarify whether the amendment was intended to amend the previously adopted Action Plan. Mayor Mehl inquired of CA Sullivan the nature of the matter before the Commission. 10:08:38 PM (04:22:11) Staff Clarification CA Sullivan stated that amending the Action Plan is not before the Commission tonight. He stated that the Action Plan was adopted by resolution and that an amendment to the plan would have to be done by the same process. The matter before the Commission is the implementation of the Action Plan. Director Matsen stated that staff intended to bring a final draft of the Action Plan after input from the Commission. ICM Taylor agreed to a separate action before the Commission to amend the plan for final adoption. 10:13:30 PM (04:27:03) Amendment to the Motion to use TIF to incentivize long-term affordable housing with the districts including incentivizing ADUs and 1-bedroom units in the Downtown TIF and incentivizing tax-credit qualifying projects in Midtown TIF. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd 10:14:02 PM (04:27:35) Discussion: Cr. Cunningham spoke to his motion. Cm Wallner asked for the opinion of Economic Development Director Brit Fontenot regarding the amendment. 10:14:58 PM (04:28:31) Staff Clarification Economic Development Director Fontenot asked why limit it to a specific district. 10:15:27 PM (04:29:00) Discussion Continues Cr. Cunningham offered to strike the last three words from his amendment, “in Midtown TIF.” DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 15 of 22 Mayor Mehl stated his willingness to accept a friendly amendment with no objection from the 2nd. Cr. Andrus had no objection. 10:15:49 PM (04:29:22) Vote on the Amendment to the Motion to use TIF to incentivize long-term affordable housing with the districts including incentivizing ADUs and 1-bedroom units in the Downtown TIF and incentivizing tax-credit qualifying projects. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:16:12 PM (04:29:45) Amendment to the Motion to add HRDC as a co-lead to strategy number three, Community Land Trust. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 10:16:32 PM (04:30:05) Discussion Cr. Cunningham spoke to the amendment. 10:16:58 PM (04:30:31) Vote on the Amendment to the Motion to add HRDC as a co-lead to strategy number three, Community Land Trust. The amendment passed 4-1 Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:17:13 PM (04:30:46) Amendment to the Motion and Vote to facilitate a presentation to the Commission concerning community land trust and deed restriction to inform the Commission regarding future action. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 16 of 22 Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:18:32 PM (04:32:05) Amendment to the Motion to work with CAHAB to develop a recommendation on incorporating condominiums into the inclusionary zoning ordinance, possibly targeting 100 percent AMI. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 10:19:08 PM (04:32:41) Discussion Cm Cunningham spoke to the amendment that it provides specificity to staff what the Commission would like to see. Mayor Mehl asked about the significance of 100 percent AMI. 10:20:23 PM (04:33:55) Vote on the Amendment to the Motion to work with CAHAB to develop a recommendation on incorporating condominiums into the inclusionary zoning ordinance, possibly targeting 100 percent AMI. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:20:40 PM (04:34:13) Amendment to the Motion to research the feasibility of including multi-family rental units in the inclusionary zoning ordinance, possibly targeting 80 percent AMI. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 10:20:53 PM (04:34:26) Discussion Cr. Cunningham spoke to the motion that the intent is primarily legal research into what Montana Code allows. 10:21:22 PM (04:34:55) Staff Clarification CA Sullivan asked for clarification as to the nature of the amendment whether it was intended as a trigger or a satisfaction of inclusionary zoning. DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 17 of 22 10:23:31 PM (04:37:04) Discussion Continued Mayor Mehl asked whether the request was merely for a legal opinion or for the wisdom of including rentals in the inclusionary zoning. DM Andrus asked for clarification if Cr. Cunningham intended to add these to the recommended action items or suggesting a timeframe. 10:25:39 PM (04:39:11) Vote on the Amendment to the Motion to research the feasibility of including multi-family rental units in the inclusionary zoning ordinance, possibly targeting 80 percent AMI. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:25:50 PM (04:39:23) Amendment to the Motion and Vote to work with CAHAB to develop a recommendation regarding adjusting the single-family and townhome ownership requirements in the inclusionary zoning ordinance to include up to 120 percent AMI. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:28:05 PM (04:41:38) Amendment to the Motion to work with community partners to evaluate the establishment of home buyer assistance funds from non-city sources for home purchase made outside the inclusionary zoning ordinance. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd 10:28:27 PM (04:42:00) Discussion Cr. Cunningham spoke to the motion to the willingness from the lending community to aid home purchases on a broader sense than inclusionary zoning but the City has a role in these discussions. Mayor Mehl asked for clarification if this is a work item for staff or an advisory role. DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 18 of 22 10:30:45 PM (04:44:17) Vote on the Amendment to the Motion to work with community partners to evaluate the establishment of home buyer assistance funds from non-city sources for home purchase made outside the inclusionary zoning ordinance. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:30:52 PM (04:44:25) Meeting Extended Mayor Mehl extended the meeting to 10:45 PM 10:31:46 PM (04:45:19) Amendment to the motion to add Bozeman Area Community Foundation as a co-lead on action strategy number eleven, Land Banking. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd 10:31:59 PM (04:45:32) Discussion Cr. Cunningham spoke to his motion that having a non-profit partner eligible to receive land donations is beneficial to the discussion. DM Andrus agreed as the foundation has the ability to do things the City cannot. 10:32:28 PM (04:46:01) Vote on the Amendment to the motion to add Bozeman Area Community Foundation as a co-lead on action strategy number eleven, Land Banking. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:33:02 PM (04:46:35) Amendment to the Motion to combine action strategies number six and number twelve. Commissioner - Michael Wallner: Motion DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 19 of 22 Commissioner - Terry Cunningham: 2nd 10:33:38 PM (04:47:11) Staff Clarification Director Madsen asked if the intention was to retitle the new combined strategy while keep all action items under both. 10:33:59 PM (04:47:32) Vote on the Amendment to the Motion to combine action strategies number six and number twelve. The amendment passed 5-0. Commissioner - Michael Wallner: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:34:27 PM (04:47:59) Commission Clarification Cr. Cunningham asked about the possibility of combining action items under strategy number 18, Pre- Approved Planned Unit Development with action items under strategy number 13, Regulatory Barriers. 10:37:10 PM (04:50:43) Commission Clarification Cr. Cunningham stated that he thought the money dedicated to pre-approved ADU plans could be better allocated elsewhere. DM Andrus agreed with Cr. Cunningham. 10:37:44 PM (04:51:17) Commission Comment Cr. Cunningham commented that strategy number fifteen, Low Income Housing Tax Credits, are a high priority. 10:38:02 PM (04:51:35) Amendment to the Motion to conduct a legal review of Montana Code to determine the most appropriate sustainable funding sources for Commission review and consideration. Commissioner - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd 10:38:34 PM (04:52:07) Discussion Mayor Mehl asked Cr. Cunningham if he was aware that this amendment did not create an immediate action item. Cr. Cunningham acknowledge the Mayor and spoke to the motion that this strategy is one of the four pillars of the Housing Plan. He stated that there are limitations to what is permissible and this is the first DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 20 of 22 step to rule out what is not available. DM Andrus stated her belief that this was done during the process of developing the Housing Plan. Cr. Cunningham agreed that it was done in a vague way and the intent of his motion is to get specific recommendations. 10:40:32 PM (04:54:04) Vote on the Amendment to the Motion to conduct a legal review of Montana Code to determine the most appropriate sustainable funding sources for Commission review and consideration. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:43:06 PM (04:56:39) Staff Clarification Director Matsen requested clarification on the Commission’s intention for recommendation two per- planned ADU’s. 10:43:53 PM (04:57:25) Commission Clarification Cr. Cunningham spoke to the role of the Convener with community partners. 10:45:36 PM (04:59:09) Meeting Extended Mayor Mehl extended the meeting to 11 PM. 10:45:55 PM (04:59:27) Discussion Continues Cr. Pomeroy general comment she hopes the City can accomplish the action items Cr. Cunningham offered thanks to staff for their efforts and offered his concerns about the future of the City. Cr. Wallner offered thanks to staff and spoke to the scope and size of the policy. DM Andrus offered her gratitude and identified the amount of work outlined in the action plan. Mayor Mehl offered his thanks to staff and citizens. 10:55:02 PM (05:08:35) Vote on the Motion that having reviewed and considered the City Manager’s recommendations, public comment and all other information presented, I hereby move to accept the recommendations as outlined below. The motion as amended passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 21 of 22 Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:55:18 PM (05:08:51) Staff Clarification ICM Taylor recapped tonight’s actions and staff’s effort regarding these recommendations. 6. 10:56:32 PM (05:10:05) Appointments to the Recreation and Parks Advisory Board (RPAB) (Maas) 10:56:48 PM (05:10:21) Motion and Vote I move to appoint five members to the Recreation and Parks Advisory Board for the terms specified by the individual positions. The motion passed 5-0. Commissioner - Michael Wallner: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve M. 10:57:23 PM (05:10:56) FYI/Discussion N. 10:57:27 PM (05:11:00) Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 22 of 22 DocuSign Envelope ID: 18523B46-8206-4B6F-94BD-5F84031D12E6