HomeMy WebLinkAbout07-25-16 CC Mtg - MIN. Minutes
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Robin Crough, City Clerk
Chris Kukulski, City Manager SUBJECT: Approve the Regular Meeting Minutes from April 18, May 9, and July 11, 2016, and User Access to Linked Minutes.
MEETING DATE: July 25, 2016
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 18, 2016 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 May 9, 2016 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 July 11, 2016 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 combined City Commission Minutes from
April 18, May 9, and July 11, 2016 as submitted.
BACKGROUND: In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included:
• Live streaming broadcast of the City Commission Meeting
• Meeting efficiency
• Better access of meeting information for staff and the public
• Time savings
• Streamlined approach to citizen involvement and public comment
AV Capture was chosen as the vendor to perform these services, and subsequently implemented.
Since August of 2013, the City Commission Minutes have been linked with audio and video. Along
with the City Commission, other City Advisory Boards are beginning to utilize the system as well.
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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…” icon, and selecting
the final link “Watch a commission or board meeting video.”
VIEWING: 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, as well as the final minutes once 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. The City Commission Minutes are archived in a variety of ways due to State records retention
guidelines. They are part of the Commission’s Meeting Packets as a DRAFT and are finally
scanned with a wet signature and archived as a permanent record in electronic format. Both have
separate retention times. 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. FISCAL EFFECTS: None.
Attachments: Draft Minutes Report Prepared on July 15, 2016
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Page 1 of 13
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, April 18, 2016
Commissioner - Jeff Krauss: Present
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present Staff Present: City Manager Chris Kukulski, Assistant City Manager, Chuck Winn, Assistant City Attorney,
Karen Stambaugh, Assistant City Attorney Tim Cooper, and Deputy/Interim City Clerk Pearl Michalson
A. 06:01:05 PM Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:01 PM.
B. 06:01:14 PM Pledge of Allegiance and a Moment of Silence
C. 06:02:47 PM Changes to the Agenda
• City Manager Chris Kukulski stated that action item 4 would be removed and moved
to a later date.
• 06:03:37 PM Mayoral Proclamation Shakespeare’s 400’s Birthday.
Mayor Taylor presented his Mayoral Proclamation on Shakespeare’s 400th Birthday.
D. 06:05:06 PM Minutes
1. Approve the Combined City Commission Minutes from March 28 and 29, 2016 and
User Access as Submitted.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
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Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
E. 06:05:42 PM Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Final Adoption of Ordinance 1940 Granting Crash Investigators the Necessary Authority
to Perform Their Function (McLane)
3. Final Adoption of Ordinance 1941 – An Ordinance Ratifying the City Manager Signature
on a Purchase and Sale Agreement Transferring Ownership of the North Park Property
to Micropolitan Ent., LLC and Powder River Comp., LLC. (Fontenot)
4. Northwestern Energy Customer Agreement - Improve Electric Service to Story Mill
Landfill (Hixson)
5. State of Montana and Federal Emergency Management Agency Pre-Disaster Mitigation
Grant Notice of Intent: City of Bozeman Sourdough Creek Municipal Watershed Aquifer
Storage and Recovery/Flood Diversion and Storage Assessment and Pilot Project
(Leoniak)
6. Letter Requesting Technical Assistance to The Trust for Public Land (Poissant)
06:06:14 PM City Manager Chris Kukulski gave a brief overview of consent items 1-6.
06:06:37 PM Public Comment
Mayor Taylor opened Public Comment
There was no public comment
Public comment was closed.
06:06:49 PM Motion and Vote to approve Consent Items 1-6 as submitted.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
F. 06:07:31 PM Public Comment
Mayor Taylor opened Public Comment
There was no public comment
Public comment was closed.
G. 06:09:39 PM Mayoral Proclamation
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1. 06:10:01 PM Mayoral Proclamation on Equal Pay (Taylor)
Mayor Taylor read the equal pay proclamation.
H. Special Presentation
1. 06:12:37 PM City Progress Report on Equal Pay (Jorgenson/Kukulski)
City Manager, Chris Kukulski presented the City Progress Report on Equal Pay in the City. A little over a
year ago a software system was put into place in order to highlight any gender bias data. Analysis
showed difference in position length of time on the job, education and experience, as well as collective
bargaining. All positions based on these factors had shown to be equal and consistent with the
opportunities for pay increases and on the job training. The city had made changes with the goal to
increase diversity at the national level as well as targeted to target more diversity between Police, Fire,
Public Works and Library. Gender diversity perceptions have been improved upon this year. More
reports to forecast future trends were in work.
06:18:48 PM Questions for Staff
Mayor Taylor asked if there were questions for staff. There were no questions for staff.
06:20:08 PM Melissa Herron
Representative to the Bozeman business of Professional Women talked about Woman’s hard work in
comparison to men’s hard work in regard to equal pay.
Jasera Rosendahl talked about Montana women in the workplace and the differences between men and
women equal pay. The history of equal pay was discussed as well as the State of Montana and how it
ranks with the nation on Equal Pay.
2. 06:24:44 PM Bozeman Area Bicycle Advisory Board (BABAB) Presentation to the
City Commission About what has Been Happening Since the Last Presentation in
2012 (Van Delinder)
06:24:53 PM Dillon Warren and Rebecca Gleason gave a presentation on the Bozeman Area Bicycle
Advisory Board. Annual bike counts, bike to work week, and bike ambassadors was discussed. High
School Driver’s Education was discussed as well as bike safety as well as infrastructure improvements.
The future of the Bozeman Area Bicycle Review Board was discussed as well. The board requested a
minimum grid, to get people where they need to go as well as a coordinator who can help facilitate
areas where people can use their bikes. Specific goals within the Bike Board Master Plan were discussed.
06:43:24 PM Questions for the Presenter
Cr. Mehl asked the board for a prioritization schedule from the Bike Board and also requested
clarification on paint on the streets and asked if there were other cities that they were aware of that did
this through a city sales tax to which Rebecca Gleason responded in detail.
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Mayor Taylor asked if the board looked at matching funds for the position that they requested for the
board.
3. 06:49:41 PM Asset management (Henderson)
Director of Public Works, Craig Woolard talked about the significant progress that GIS had made in their
department.
Jon Henderson, GIS Manager talked about asset inventory, investments in technology, trends and
relationships in database integrations that help make the city function was discussed such as pipe
inspections, hydraulic modeling, fleet tracking, work orders and public access. Existing work orders,
work orders in the process and in the future was discussed. Data driven decisions such as operations,
risks, criticality, deferred maintenance, transportation management and water conservation was also
discussed.
07:03:19 PM Questions for Staff
Cr. Mehl asked how GIS would move out of public works into a broader spectrum in the future as well as
trends and what a coordinated effort with economic development might mean to which staff responded
in detail.
07:09:01 PM Break
Mayor Taylor called for a break until 20 after 7PM
07:21:24 PM Meeting Resumed.
Mayor Taylor called the meeting back to order at 7:21PM.
I. Action Items
1. 07:22:04 PM A Preliminary Plat Application to Subdivide 4.104 Acres into 18 Single
Household Residential Lots One (1) Common Open Space Lot and One (1) Park With
the Extension of West Villard Street and Improvements to Valley Drive. (Rogers)
07:22:09 PM Staff presentation
Tom Rogers, Associate Planner gave a presentation on the Pine Meadow Preliminary Plat. 17 additional
lots would be created. This property was annex on February 3, 2013.
Shawn Kohtz talked about proposed changes to valley drive were discussed as well as the zoning
descriptions between the differentiating R zones. Parkland dedications and improvements in lieu were
discussed briefly. The following was also discussed by staff; public comment, raw land dedication, and
recommendations from planning board. Neighborhood density surrounding neighborhoods (Fowler
place, Harvest Creek, Valley Meadows, Pine Meadows, Smith Subdivision, and North Meadow
subdivision (specifically Michael grove ) as well as the implications. Proportionate share of infrastructure
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costs per lot upon annexation, impact fees, other existing paybacks cash-in-lieu of water rights, and
finance costs per month for 20 years was discussed as well.
07:37:02 PM Questions for staff
Deputy Mayor Andrus asked about the water, sewer, as well as layout. Changes to R-1 zoning minimum
or maximum zoning was asked about as well to which staff responded in detail.
Cr. Pomeroy asked staff to verify if valley road would be paved.
Cr. Mehl asked about parkland frontage, specifically why the dimensions were satisfactory. Trees,
sidewalks, and other roadside concerns were also asked and discussed in detail with staff.
Mayor Taylor asked about calculations financially and asked about the average tax increase between
the city and county if that was looked at which staff responded that had not been looked into yet. Water
and sewer mains were asked about and discussed as well.
07:45:33 PM Applicant Presentation
Joe Horner, developer gave a brief statement on planning the subdivision. Easement and annexation
agreements, residents in R-1 zoning was discussed. After attempting to work with residence in the two
subdivisions, there was continued confusion and a request by residence to revise the initial agreement.
The developer discussed accommodating proposed changes. Rob Pertzborn of Intrinsik talked about
subdivision covenants, proposed development plans, and clarified that no one was pushing the cost of
development to residence. The conditions mitigated the impacts and stated that it should be noted that
conditions to protect neighbors from a storm water runoff were already in place. Traffic controls was
discussed as well.
07:51:39 PM Discussion Continued
Deputy Mayor Andrus asked about parkland and if making lots smaller was considered to which Rob
Pertzborn responded.
Mayor Taylor asked how far lot lines were from the homes.
Cr. Krauss asked about the breakdown of the costs.
07:54:02 PM Public Comment
Mayor Taylor opened public comment
07:54:15 PM Greg Kenchie, Public Comment
Greg Kenchie stated that he opposed the application because he was against having 18 homes across
from the subdivision. He had stated that they requested 12 homes instead and had met with the
attorney representative to try and work with the developer. They were appreciative of those working
with the Smith subdivision however, was wary about the lots proposed by the applicant per the density
and lot size. Other concerns were discussed in detail.
07:57:39 PM Gill Silver, Public Comment
Mr. Silver stated that proposed density of 5.2 acres per home, was not compatible with the current
structure of the subdivision. A variance was requested for 12 instead of 18 homes. Flooding was
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discussed as well as curbs and gutter run off in detail. Due to these reasons, the road plan.
08:00:46 PM Cindy Kenchie, Public Comment
Cindy opposed the applicant request due to the cost and taxes.
08:02:25 PM Carolyn Powell, Public Comment
Stated that she had been a resident for 43 years and that there were discrepancies’ with the costs.
Variances were discussed as well as covenants in detail. Taxes, water fees, tree fees, and increase in
homes were discussed in detail. Discussions with the applicant were discussed as well. Ms. Powell asked
the commission to consider tabling this particular application.
08:06:20 PM Rachel Sylvie, Public Comment
Mrs. Sylvie asked about a variance to 12 lots as well as the changing demographics of Bozeman.
08:08:40 PM Jessie Grammer, Public Comment
Jessie stated that this new development was subjected to the existing subdivision’s covenants. The
growth policy was discussed, infill, compatibility with the adjacent development as well as maintaining
neighborhood character and scale and context. Density and housing affordability was discussed as well
in detail. Due to these concerns, rejection of the proposed application was requested.
08:14:02 PM Applicant Response
The applicant stated that when he responded that his willingness to be open was to inform residence
and stated that he shared information in good faith and unfortunately it was not well received as he
would have hoped and apologized to the residence for the misunderstanding.
08:16:25 PM Attorney for the Developers
The attorney gave background information on the lot size. She stated that other residential zones
needed to also be considered when it came to compatibility.
08:18:31 PM Questions for Rebuttal
Cr. Krauss asked if any variances were being requested to which the attorney stated there were not
Deputy Mayor Andrus asked staff to clarify density and lot size/information to which staff responded
how density was calculated. Clarification about the numbers (cost) provided to residence and presented
earlier was asked to which staff responded in detail.
Cr. Mehl asked staff to clarify what numbers were presented to the residence of Valley Drive. It was also
asked if staff was willing to go through the cost again with the residence or wait for the commission to
make a decision to which staff responded.
Craig Woolard, Director of Public works, gave his reasoning to why he felt the commission should act on
this application tonight in detail.
Mayor Taylor asked how much money would be added to the current cost if sidewalks, curbs, and
gutters were added, clarification about who would be ultimately responsible was also discussed.
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08:31:50 PM Public Comment
Mayor Taylor closed public comment
08:31:55 PM Motion on parkland that having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings presented in the staff
report for application 16041 and move to approve the Pine Meadow Park Plan, improvements in-lieu
with conditions and subject to all applicable code provisions.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
08:32:53 PM Discussion
Cr. Mehl stated that the two advisory boards felt that the area and parkland being added was sufficient.
Cr. Krauss stated that he appreciated the efforts of the developer to connect everything coherently.
Cr. Pomeroy stated that it was good to have a park in the neighborhood.
Mayor Taylor stated that he appreciated the park as well.
08:35:20 PM Vote on the motion that having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings presented in the staff
report for application 16041 and move to approve the Pine Meadow Park Plan, improvements in-lieu
with conditions and subject to all applicable code provisions.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
08:35:23 PM Motion that having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in the staff report for
application 16041 and move to approve the Pine Meadow Major Subdivision with conditions and
subject to all applicable code provisions.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
08:35:38 PM Discussion
Cr. Mehl stated that this was the main motion and that he was in agreement with what was in the staff
report. He also felt that the conditions were thorough and the city was expanding. The growth policy
talked about infill, density and sustainability for the city and felt that the applicant was trying to meld all
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those policies together. Density was discussed and surrounding zoning.
Deputy Mayor Andrus stated that she spent time listening to prior testimony to ask the commission to
reduce the density and zoning in 2013 had not changed and clarified that getting a variance was always
available should the developer want to request it. The affordability of the homes in the area also
discussed and other reasons why she supported this application.
Cr. Pomeroy stated that we needed more affordable housing so she supported this motion though
wished for clearer communication between all parties in the future.
Cr. Krauss stated that the city required a lot of things that contributed to the affordability of a home
once annexed in. Density to the east, lot size, and zoning designation was discussed. Clarification of
what additional density would mean in the city compared to what currently existed was discussed as
well.
Mayor Taylor stated that the commission did attempt to meet the needs of the residence based on the
zoning. Lot size, covenants, and public comment was discussed in detail. Taking advantage of the
developers cost was something that the Mayor thought should be considered.
Cr. Krauss talked about how infrastructure requirements were determined for informative purposes and
why they were building half a road.
08:56:10 PM Vote on the main motion that having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings presented in the staff
report for application 16041 and move to approve the Pine Meadow Major Subdivision with
conditions and subject to all applicable code provisions.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
2. 08:56:54 PM A Combined Commercial Certificate of Appropriateness (CCOA) And
Conditional Use Permit (CUP) Application was Submitted to The Planning Division of
Bozeman Department of Community Development Requesting the Addition of an
Exterior Patio Serving Area Located West of The Existing Building Addressed At 105
West Main Street Which is Within The B-3 (Central Business) Zoning District.
(Brekke)
08:56:56 PM Staff presentation
Associate planner, Allyson Brekke introduced her staff report into the public record and gave a brief
presentation on the combined commercial certificate of appropriateness (ccoa) and conditional use
permit (cup) application was submitted to the planning division of bozeman department of community
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development requesting the addition of an exterior patio serving area located west of the existing
building addressed at 105 west main street which is within the b-3 (central business) zoning district.
09:00:37 PM Questions of Staff
Cr. Pomeroy asked for clarification on page 9 of 18 of the staff report and asked specifically how would
the fire escape and utility access work concerning adequate egress to which staff responded.
Cr. Mehl asked for clarification on the stated significance referenced in the staff materials and asked if
discussion about the basement changes were in the staff report to which staff responded.
Deputy Mayor Andrus asked if the basement was on the east side of the building and if it was going to
be used as a place where alcohol would be served. Staff responded that it was addressed in the
applicant materials.
09:07:04 PM Applicant
Applicant Rob Pertzborn, of Intrinsik addressed concerns of the basement that the commission had
talked about during the discussion period.
09:08:27 PM
Cr. Mehl asked why this was in the staff report and asked if the applicant reviewed with the conditions
and were okay with them to which the applicant responded that they did. It was also asked if the
applicant was okay with the adjusted required space to which the applicant stated that they were also
okay with that.
Deputy Mayor Andrus asked if sidewalk, curb, issues were resolved to the applicant’s satisfaction, to
applicants satisfaction which the applicant responded that he did.
09:10:22 PM Public Comment
Mayor Taylor opened Public Comment
There was no public comment
Public comment was closed.
09:10:29 PM Motion that having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in the staff report for
application 15447 and move to approve the Baxter Hotel Patio Addition On-Premises Consumption
Commercial Certificate of Appropriateness and Conditional Use Permit with conditions of approval
and subject to all applicable code provisions.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
09:11:01 PM Discussion
Deputy Mayor Andrus stated that she would support this application and gave reasons why
Cr. Pomeroy also stated that she would support this motion and gave reasons why
Cr. Mehl stated that he would support this as well and gave reasons why.
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09:12:37 PM Vote on the main motion that having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings presented in the staff
report for application 15447 and move to approve the Baxter Hotel Patio Addition On-Premises
Consumption Commercial Certificate of Appropriateness and Conditional Use Permit with conditions of
approval and subject to all applicable code provisions.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
3. 09:13:32 PM Four Points Phase II Major Subdivision Preliminary Plat to Allow the
Subdivision of Two lots of Approximately 36.1 Acres into Twelve Lots for Multi-
Household Development One Parkland Corridor Lot and Associated Streets and
Infrastructure Located Southwest of the Intersection of Davis Lane and Cattail
Street, Application 15526 (Quasi-Judicial) (Krueger)
09:13:34 PM Staff presentation
Brain Kruger gave a brief presentation on four points phase ii major subdivision preliminary plat to allow
the subdivision of two lots of approximately 36.1 acres into twelve lots for multi-household
development one parkland corridor lot and associated streets and infrastructure located southwest of
the intersection of Davis lane and cattail street, application 15526.
Commercial node R-4 area to the north was discussed in that area as well as parkland in that area 50 ft
wide. Conditions of approval related to provide secondary access to lots on Cattail was discussed briefly.
Public comment on noticing was discussed and addressed. No other public comment was received. The
development review board recommended approving this application with the conditions provided in the
staff report
09:21:44 PM Questions of Staff
Cr. Krauss asked if there was a slide that showed the connections of pedestrian and bike access to which
staff responded. Trails north, south, east and west were inquired about as well.
Deputy Mayor Andrus asked about deed restrictions and asked about wetland concerns.
09:28:30 PM Robert Clark, Madison Engineer-Applicant
Stated that they worked closely with staff, planning, engineering and the wetlands board. The majority
of work was done during phase 1. Conditions of approval were accepted.
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09:29:43 PM Questions of Applicant
Cr. Pomeroy asked the applicant to clarify the concerns received via public comment which the
applicant did address.
09:31:50 PM Public Comment
Mayor Taylor opened Public Comment
There was no public comment
Public comment was closed.
09:32:14 PM Motion on Parkland: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for application 15526 and move to approve the Four Points Phase II Park Plan with conditions and
subject to all applicable code provisions.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
09:32:41 PM Discussion
Cr. Pomeroy stated that she was glad that we have are trails and parks and she was supporting this
application.
Cr. Mehl stated that they met the requirement through a linier park and that this would be a good
addition to the park system.
09:33:25 PM Vote on the motion that having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings presented in the staff
report for application 15526 and move to approve the Four Points Phase II Park Plan with conditions
and subject to all applicable code provisions.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
09:33:49 PM Motion that having reviewed and considered the application materials, public comment,
and all information presented, I hereby adopt the findings presented in the staff report for application
15526 and move to approve the preliminary plat with conditions and subject to all applicable code
provisions.
Commissioner - I-Ho Pomeroy: Motion
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Commissioner - Jeff Krauss: 2nd
09:34:09 PM Discussion
Cr. Pomeroy briefly stated that she supported it and gave reasons why.
Cr. Mehl stated that they met the review criteria.
Deputy Mayor Andrus asked if the commission would be receiving the same material again.
4. Ordinance 1939 – An Agreement to Exchange Land with Help Center Inc. (Poissant)
*Moved to a later date*
Consider the motion: Having conducted a public hearing on the ordinance, considered staff’s
recommendation as well as written and spoken public testimony, the content of Ordinance 1939 and
findings articulated by the Commission during discussion, I hereby move to provisionally adopt Ordinance
1939 authorizing the City Manager’s signature, upon expiration of the 30 day effective period, on the
Agreement to Exchange Land and on the subdivision exemption quit claim deed (Attachments, A B1, B2,
and C) and closing paperwork to exchange property with Help Center, Inc.
J. 09:35:15 PM FYI/Discussion
This Thursday 4:30-6:30 at the Stadium Club Kagy public meeting
Domestic Violence at 6pm tomorrow in the Commission Room.
K. 09:37:27 PM Adjournment
Mayor Taylor Adjourned the Meeting at 09:27PM
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
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PREPARED BY:
___________________________________
Pearl Michalson
Deputy City Clerk
Approved on: ___________________________________
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Page 1 of 14
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, May 09, 2016
Commissioner - Jeff Krauss: Present
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present Staff Present: City Manager, Chris Kukulski, City Attorney, Greg Sullivan, Deputy City Clerk, Pearl
Michalson
*There was a delay in the technical recording*
A. Call to Order – 5:30 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting order at 5:30PM.
B. Pledge of Allegiance and a Moment of Silence
C. Changes to the Agenda
Mayor Taylor asked if there were changes to the Agenda, to which the City Manager stated that there
were none.
D. 05:32:42 PM Executive Session Litigation Strategy Regarding Landfill Litigation (Sullivan)
The City Commission may close all or portions of this agenda item to the public pursuant to
Sect. 2-3-203(4)(a), MCA, if the Commission determines the meeting involves a discussion
of litigation strategy and an open meeting would have a detrimental effect on the
litigation position of the city.
05:33:34 PM City Attorney, Greg Sullivan gave an overview of the Executive Session.
The City Attorney stated that it was up to the mayor to close this meeting due the fact that this
discussion would have a detrimental effect on the litigation position of the city and therefore closed the
meeting to the public to which the Mayor did close the meeting to the public.
06:15:12 PM Regular Commission Meeting Back in Session.
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Mayor Taylor opened the regular commission meeting back to the public.
E. 06:15:40 PM Minutes
1. Approval of Regular Combined City Commission Minutes from April 25, 2016 and User
Access to Linked Minutes (Michalson)
06:15:43 PM (00:01:47) Motion and Vote to approval of regular combined city commission minutes
from April 25, 2016 and user access to linked minutes.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
F. 06:16:11 pm Consent
1. Authorize Payment of Accounts Payable Claims for Goods And Services (Lameres)
2. Appoint a Sub-Committee of Two Commissioners to Review Pledged Securities As of
March 31, 2016. (Clark)
3. Authorize The City Manager to Sign a Professional Services Agreement With Allied
Engineering Services, Inc. For The Purposes of Completing a Floodplain Model
Evaluation at a Cost of $19,670. (Heaston)
4. Authorize City Manager to Sign Amendment Number 3 With Robert Peccia and
Associates (Murray)
5. Professional Services Agreement for Field Survey (Gamradt)
6. Final Adoption of Ordinance 1942, a Text Amendment Of The Bozeman Municipal Code
to Create The R-5 (Residential Mixed-Use High Density District) And B-2M (Community
Business-Mixed District) Zoning Districts. Application 15-320 (Rogers)
7. Final Adoption of Ordinance 1948 Amending Chapter 12 of the Bozeman Municipal Code
Business Licenses (Thomas)
8. Authorize City Manager to Sign the Notice of Award to Award the Contract for The 2016
Street Improvements to Knife River Belgrade in the Amount of $419,330.50 (Kerr)
9. Authorize the Mayor to Sign Findings of Fact and Order for the Pine Meadow Major
Subdivision Preliminary Plat Application (Rogers)
10. Resolution 4689 -Application to The Big Sky Economic Development Trust Fund Program
Administered by The Montana Department of Commerce on Behalf of Wisetail.
(Fontenot)
11. Authorize Mayor to Sign Findings of Fact and Order for the Cowdrey-Kagy Minor
Subdivision Preliminary Plat , Application 16086 (Werbell)
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12. Authorize Mayor to Sign the Findings of Fact and Order for the Four Points Phase II
Major Subdivision Preliminary Plat, Application15526 (Krueger)
13. Memorandum of Agreement (MOA) With the Montana Department of Transportation
(MDT) with Terms For Encroachment Permits for The Downtown North 7th Conduit
Project (Fine)
06:16:18 PM City Manager, Chris Kukulski gave a brief overview of consent items 1-13.
06:18:06 PM Public Comment
Mayor Taylor opened public comment
There was no public comment
Public Comment was closed.
06:19:12 PM Motion and Vote to approve Consent Items 1-13 as submitted.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
G. 06:18:48 PM Public Comment
Mayor Taylor opened public comment
There was no public comment
Public Comment was closed.
H. 06:20:22 PM Mayoral Proclamation
1. Mayoral Proclamation - 2016 Peace Officer Memorial Day and Police Week (McLane)
06:20:33 PM Mayor Taylor read the Mayoral Proclamation proclaiming May 15 As Peace Officer
Memorial Day and May 15-21 as Police Week .
I. 06:22:49 PM Action Items
1. Authorize the City Attorney to Execute Settlement in Bauer et al v. City of Bozeman
et al, Daenan et al v. City of Bozeman et al, Fischer et al v. City of Bozeman et al, and
MMIA v. City of Bozeman et al, regarding the Story Mill Landfill Sullivan
06:23:09 PM City Attorney, presentation
City Attorney, Greg Sullivan stated that 750k had been allotted to pay claims. 300k would be paid by
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MMIA. 400K would be paid by the city by the next fiscal year. Cost and details were outlined in the City
Attorney’s Memo.
06:24:56 PM Questions for Attorneys
Mayor Taylor asked if there were questioned for the city attorney
There were no questions for the city attorney.
06:25:18 PM Public Comment
Mayor Taylor opened Public Comment
There was no public comment
Public Comment was closed.
06:25:36 PM Motion that after considering public comment, I move to authorize the City Attorney to
take all steps necessary to execute settlement in Bauer et al v. City of Bozeman et al, Daenan et al v.
City of Bozeman et al, Fischer et al v. City of Bozeman et al, and MMIA v. City of Bozeman et al,
regarding the Story Mill Landfill under the terms and conditions as stated in the City Attorney
memorandum to the Commission dated May 9, 2016.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Jeff Krauss: 2nd
06:26:11 PM Discussion
Deputy Mayor Andrus stated that this had been a priority for a while and stated that decisions that
were made were done based on scientific data. Wanted to thank the City Attorney and his team, Public
Works, Finance, and the Mayor. Support of the settlement was discussed.
Cr. Krauss also thanked staff for their time and the city of Bozeman for their patience.
Cr. Mehl stated that public safety was the priority of the city and the commission. The settlement would
allow everyone to move forward and the city has plans to work on that area and how we are going to
pay for it in the city manager budget.
Cr. Pomeroy agreed with the other commissioners and was glad that it was settled
Mayor Taylor stated that the city was doing the right thing at the right time and when the VLC situation
came up, we reported the results and volunteered to put in a remediation system to prevent the VLC’s
from migrating out of the area. We have done what the city should do which was to take responsibility
for the past.
06:32:03 PM Vote that after considering public comment, I move to authorize the City Attorney to take
all steps necessary to execute settlement in Bauer et al v. City of Bozeman et al, Daenan et al v. City of
Bozeman et al, Fischer et al v. City of Bozeman et al, and MMIA v. City of Bozeman et al, regarding the
Story Mill Landfill under the terms and conditions as stated in the City Attorney memorandum to the
Commission dated May 9, 2016.
Deputy Mayor - Cynthia Andrus: Motion
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Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
2. 06:32:26 PM A Request for Improvements in Lieu of Parkland Dedication for the
Vlaanderen Condominiums Site Plan Located at 4320-4354 Glenwood Drive,
Application Z15089.Brekke
06:32:36 PM Staff presentation
City Planner, Chris Saunders gave a presentation on the parkland dedication and identified that there
was a deficiency of ten thousand square feet that needed to be corrected in order to meet the city’s
requirements. Estimated cost for the Parkland Improvements was discussed.
06:35:57 PM Questions for Staff
Deputy Mayor Andrus asked if there was an extra plat that was needed
Cr. Mehl asked if the oversight was the staff’s part. What has been changed to make this less likely. Staff
stated that recreation and park committee motioned to approve this plan with the addition of a trail to
comply with ADA.
06:39:28 PM Applicant Presentation
The applicant stated that in 2007, parkland was not questioned. The way that things are done now was
great. Parkland that was provided was allocated to each lot in order to balance everything out and make
it fair. The property owner and the developer stated that they had land that could be used and
enhanced. The connection of the trail would be put in so that the residence could have access. A
appraisal of 0.80 per square foot was done. They have an opportunity to work with the park
development by teaming up with a scout.
06:43:20 PM Public Comment
Mayor Taylor opened Public Comment
There was no public comment
Public Comment was closed.
06:43:36 PM Motion that having considered the information provided by staff, considered public
comment, and considered all of the information presented, I hereby adopt the findings included in the
staff memorandum for application Z15089 and accept the provision of parkland improvements, in the
amount of $14,024.00, in lieu of the required parkland dedication.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
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06:44:08 PM Discussion
Cr. Mehl stated that he appreciated that everyone worked together.
06:44:27 PM Vote that having considered the information provided by staff, considered public
comment, and considered all of the information presented, I hereby adopt the findings included in the
staff memorandum for application Z15089 and accept the provision of parkland improvements, in the
amount of $14,024.00, in lieu of the required parkland dedication.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
3. 06:44:45 PM Ordinance 1939 - Land Exchange Agreement with Help Center, Inc.
Poissant
06:45:05 PM Staff Presentation
Director Mitch Overton gave a brief overview discussing what all went into the Bozeman Pond Park
Expansion. Carolyn Poissant talked about the encroachment and what was done to resolve this issue
with the boundary line adjustment. The future of the park plan, the right away, and the area that is
being exchanged was discussed. The boundary falls in line with the open space act was discussed
06:50:35 PM Questions for Staff
Cr. Pomeroy asked is the GVRT were able to catch this issue before hand
Deputy Mayor Andrus asked if we survey before purchasing a property, to which the city attorney
stated that the city usually does but in this case there was a survey done previously.
06:52:24 PM Applicant presentation
The applicant stated that the boundary has been an issue before but he was appreciative of the work
that staff did to help get this done.
06:53:18 PM Public Comment
Mayor Taylor opened Public Comment
There was no public comment
Public Comment was closed.
06:53:31 PM Motion that having conducted a public hearing on the ordinance I find the
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exchange of 2,450 square feet of real property with the Help Center Inc. meets the requirements of the
Bozeman Municipal Code and the Montana Open Lands Act and hereby move to provisionally adopt
Ordinance 1939 authorizing the City Manager to sign, upon expiration of the 30 day effective period,
the Agreement to Exchange Land and subdivision exemption and to take all additional steps necessary
to exchange property with Help Center, Inc.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
06:54:19 PM Discussion
Cr. Pomeroy stated that we are now aware of the encroachment and she is happy to support
Cr. Mehl also supported this project and stated why.
Cr. Krauss stated that had there not been more property available this might have been a more difficult
resolution.
Cr. Mehl pointed out that bond money was used to pay for this and the swap was something required
by the bond.
Mayor Taylor stated that people have taken liberty with their property in the past and was
07:00:18 PM Vote that having conducted a public hearing on the ordinance I find the exchange of
2,450 square feet of real property with the Help Center Inc. meets the requirements of the Bozeman
Municipal Code and the Montana Open Lands Act and hereby move to provisionally adopt Ordinance
1939 authorizing the City Manager to sign, upon expiration of the 30 day effective period, the
Agreement to Exchange Land and subdivision exemption and to take all additional steps necessary to
exchange property with Help Center, Inc.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
4. 07:01:00 PM A Site Plan and Commercial Certificate of Appropriateness application
with deviations to allow the interior and exterior partial demolition and remodel of
the historic Rialto Theatre, Application No. 16069. (Quasi) (Brekke)
07:01:04 PM Staff Presentation
Chris Saunders stated that staff received new information before the commission meeting and did enter
the staff report into the record. This application would keep the original architecture and replacements
of skylights was discussed as well as changes that had been made to make the building more safe.
Building code and historic features were discussed. Deviations were discussed as well as the projecting
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signs and the square footage. DRC recommended approval with some conditions, to which the applicant
responded.
07:12:16 PM Questions for Staff
Cr. Krauss asked what problem the aggregation is trying to fix that happened in 1920. He also asked
about paint on the brick building.
Staff stated that the building code stated that we cannot issue a building permit if…
Deputy Mayor Andrus asked what the impact to the applicant would be to which staff responded there
would be more money out of pocket for the applicant.
Cr. Mehl asked if the concern precedent and staff stated that this became a problem when the code was
adopted years ago and we always required a merger agreement. He also asked about paint on the
bricks.
Mayor Taylor asked if the building collapsed after aggregation could a lot be sold separately to which
staff responded in detail.
07:19:47 PM Applicant presentation
The applicant Brian Caldwell gave a presentation about the overview of the remodeling of the rialto
building. The applicant is presenting a greenroom storage equipment and a full kitchen. The different
levels, upper and lower were discussed in detail. Proposed modifications to the front facade was
discussed as well as the signage deviation. The original concept was discussed in relation to the historic
research and floor plans were continually discussed.
07:30:44 PM Questions for the Applicant
Deputy Mayor Andrus asked if the tin ceiling could be salvageable, the applicant stated that yes they
would. The percentage to be demolished was a firm one. Also questions about the brick was discussed.
Cr. Mehl asked the applicant about condition number 3 and what the applicant thought about it to
which the applicant responded in detail.
Mayor Taylor asked the applicant to clarify his statements
07:36:44 PM Public Comment
Mayor Taylor opened public comment.
07:36:46 PM John Delshaw, Public Comment
Mr. Delshaw stated that he was in support of the project and felt that it was wonderful and could not
wait until this project was completed.
07:38:10 PM Public Comment Closed.
Mayor Taylor closed public comment.
07:38:20 PM Motion for deviation 1: that having reviewed and considered the application materials,
staff report, public comment, and all of the information presented, I hereby adopt the findings
presented in the staff report for application No. 16096 and move to approve the deviation request
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from Section 38.28.060.A of the Bozeman Municipal Code to allow a projecting sign to be greater than
12 square feet in size, as shown within the application materials.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:38:59 PM Discussion
Cr. Mehl stated that general comments should be left until after the third motion but for the record,
historically appropriate, minimal adverse affect to other properties and public health safety, general
welfare are the three things that the commission considers before approval.
Deputy Mayor Andrus stated that she supported the applicant with what it was trying to do.
07:40:54 PM Vote that having reviewed and considered the application materials, staff report, public
comment, and all of the information presented, I hereby adopt the findings presented in the staff
report for application No. 16096 and move to approve the deviation request from Section 38.28.060.A
of the Bozeman Municipal Code to allow a projecting sign to be greater than 12 square feet in size, as
shown within the application materials.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
07:41:12 PM Motion for deviation 2: that having reviewed and considered the application materials,
staff report, public comment, and all of the information presented, I hereby adopt the findings
presented in the staff report for application No. 16096 and move to approve the deviation request
from Section 38.28.060.A of Bozeman Municipal Code to allow an increase of maximum sign square
footage, as shown within the application materials.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:41:21 PM Discussion
Cr. Mehl stated that the same three conditions that were stated in the previous motion also apply to
this one.
Mayor Taylor stated that this was unlike any other business that he had seen before.
07:43:11 PM Vote that having reviewed and considered the application materials, staff report, public
comment, and all of the information presented, I hereby adopt the findings presented in the staff
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report for application No. 16096 and move to approve the deviation request from Section 38.28.060.A
of Bozeman Municipal Code to allow an increase of maximum sign square footage, as shown within
the application materials.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
07:43:24 PM Motion for site plan and certificate of appropriateness that having reviewed and
considered the application materials, public comment, and all the information presented, I hereby
adopt the findings presented in the staff report for application No. 16096 and move to approve the
site plan and certificate of appropriateness with the recommended conditions of approval and subject
to all applicable code provisions.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:43:50 PM Discussion
Cr. Mehl stated that this is a fantastic project and it was fantastic to downtown and adding something
like this would ensure that downtown would thrive.
Deputy Mayor Andrus stated that this would be great for downtown and stated that there was no
indication that there were any issues with timing or the conditions of approval.
Cr. Krauss stated that he was amazed with the investors who put a lot into our downtown. He also
stated that he appreciated the work and care that the applicant was putting into this project. The
design, acoustics and would be looking forward to the finalized project.
Other comments on this project were discussed in detail.
Cr. Pomeroy stated that she was equally excited about this project.
Mayor Taylor stated this was a great example of how to re-use and balance buildings like this one.
Enthusiasm for this project is great and it was important for this building to function in a way that would
serve downtown.
07:55:03 PM Vote that having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in the staff report for
application No. 16096 and move to approve the site plan and certificate of appropriateness with the
recommended conditions of approval and subject to all applicable code provisions.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
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Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
07:55:16 PM Break for 10min, 5 after 8.
Mayor Taylor called for a 10 minute break, returning five minutes after 8p.m.
08:05:04 PM (01:51:08) Meeting called back into session
5. 08:04:54 PM Business License Fee Schedule Public Hearing and Resolution 4686 for
Adoption (Thomas)
08:05:36 PM Staff presentation
Director of Community Development, Wendy Thomas talked about the
08:06:22 PM Questions of Staff
Deputy Mayor Andrus asked if we would be looking at the fee structure in the future.
Cr. Pomeroy asked for clarification of making the business license more flexible.
Cr. Mehl stated that it had been 27 years since the last update and wanted an explanation of fees.
Cr. Krauss asked for the rational for charging business license fees and clarified that a business license is
needed to host someone in a home for short term vacation rentals
Mayor Taylor asked for clarification.
Staff responded in detail to all questions.
08:11:51 PM Public Comment
Mayor Taylor opened Public Comment
There was no public comment
Public Comment was closed.
08:12:08 PM Motion that having reviewed and considered the staff memo, public comment, and all
information presented, I hereby move to approve Resolution 4686 adopting a fee schedule for the
business license program.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Jeff Krauss: 2nd
08:12:29 PM Discussion
Deputy Mayor Andrus stated that the question about why we have fees for a business license was a
good question. We also should look at how business licenses were charged
Cr. Krauss stated that when these were used for certain businesses it made sense however there might
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be businesses that might not need this recommendation.
Mayor Taylor favored a fee that would allow the city to break even and knowledge of what is out there.
More discussion might help when the time comes.
08:16:09 PM (02:02:13) Vote that having reviewed and considered the staff memo, public comment,
and all information presented, I hereby move to approve Resolution 4686 adopting a fee schedule for
the business license program.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
J. 08:16:38 PM Special Presentations
1. Presentation of the FY2016-2017 (FY17) City Manager Recommended Budget
(Rosenberry)
08:16:52 PM Staff Presentation
Administrative Financial Director, Ann Rosenberry talked about the budget development this year and
the details in the budget. All funds, including excluding Interfund transfers from FY12 through FY17 were
discussed. Significant Issues such as the joint Law and Justice Center budget, continuation of increased
transportation funding to meet capital project plan, request for more staff, and long range planning
efforts beginning and underway were discussed. A breakdown of the revenue sources, FY17 total budget
projects, and a detailed percentage of the 95.8 million that would be allocated and where was discussed
in detail. The administrative director also talked what about staffing additions would be needed (to what
department), city employees per every thousand residence and how the money in the general reserve
fund would be used.
Additional Topics Discussed in Detail:
• General Fund Expenditures
• General Fund Priorities /General Fund Capital
• Street Maintenance District
• Arterial and Collector District/Tree Maintenance District
• Estimated Tax Levy (223.96 mills a 2% estimated increase of 1 mill, city-wide)
• FY16 Typical City Resident Annual Cost Adjustments
And future work sessions taking place on the following dates: May 16- Special Revenue funds
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May 23- Enterprise Funds, June 6- General Fund and Community Development Fund, June 13- Business
Improvement Districts and Tax Increment Finance Districts, June 20- Final Budget Adoption, June 27-
“tentative if needed” and July 1- The fiscal year begins.
08:52:51 PM Questions for Staff
Cr. Mehl asked the total tax load for an average home, to which staff responded that she could bring it
before the commission at a later date. A question about a breakdown of the arterial and collector
district taxes was asked. Planning fees was also discussed.
The timing of the credit received from MMIA was discussed.
Staff request for additional bodies to the aquatics system was discussed by Director Mitch Overton of
Park and Recreation. Consequence
Cr. Pomeroy asked about the street maintenance assessment per lot. How differences with the money
being spent would be handled was asked and discussed.
Mayor Taylor asked about Human Resources generalist was and why it was needed. Carry over excess
was asked about as well.
Cr. Krauss stated that he would send a list of questions to staff and asked clarification on the
specifications of planned spending on the FY17 budget.
09:13:32 PM Public Comment
Mayor Taylor opened Public Comment
There was no public comment
Public Comment was closed.
09:13:52 PM Final Comments
Mayor Taylor asked if there were final comments to which there were none.
K. 09:14:16 PM FYI/Discussion
Cr. Pomeroy stated that she will be in South Korea next week.
Craig Woollard, next public meeting Thursday, May 12 at 6:30PM at the high school cafeteria on the
transportation plan.
Chris Kukulski stated May 12th in the commission room, will be hosting an elected officials lunch from
11:30-1:00PM.
L. 09:18:53 PM Adjournment
Mayor Taylor adjourned the meeting at 9:18PM
___________________________________
Carson Taylor
Mayor
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ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Pearl Michalson
Deputy City Clerk
Approved on: ___________________________________
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Page 1 of 19
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, July 11, 2016
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Present
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - I-Ho Pomeroy: Present
A. 06:00:44 PM (00:00:44) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North
Rouse
B. 06:00:53 PM (00:00:53) Pledge of Allegiance and a Moment of Silence
C. 06:01:56 PM (00:01:56) Changes to the Agenda
D. 06:02:04 PM (00:02:04) Minutes
1. Approve the City Commission Minutes from March 21, April 4, April 11, May 16, June
20, June 27, 2016 and the April 29, 2016 Local Government Roundtable Luncheon
Minutes
06:02:25 PM (00:02:25) Motion and Vote to approve the combined City Commission Minutes from
March 21, April 4, April 11, May 16, June 20, and June 27, 2016, the April 29, 2016 Local Government
Roundtable Luncheon Minutes as submitted. Motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
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Page 2 of 19
E. 06:02:38 PM (00:02:38) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the City Manager to Sign a Professional Services Agreement with Latitude
Geographics for Geocortex Web Map Form Development (Henderson)
3. Authorize the City Manager to Sign Addendum Number 1 to the Agreement Between
the City of Bozeman and the Bozeman Sports Park Foundation, Inc. for the Bozeman
Sports Park Project (Poissant)
4. Authorize the City Manager to Sign Amendment Number 2 to the Department of
Natural Resources and Conservation (DNRC) Grant Agreement for Bozeman Creek
Enhancement TOP Project (Poissant)
5. Provisional Adoption of Ordinance 1955, Downtown East Main Zone Map
Amendment Changing Zoning on 25.82 Acres from B-2 (Community Business) District
and R-4 (High Density Residential) District to B-3 (Central Business) District and PLI
(Public Lands and Institutions) District. Location: 608-777 East Main Street, 24 North
Wallace Avenue, and 710-714 East Mendenhall Street, Application Number 15579
(Saunders)
06:02:48 PM (00:02:48) City Manager Overview
City Manager Chris Kukulski provided an overview of consent items 1-5.
06:04:34 PM (00:04:34) Public Comment
Mayor Taylor opened public comment.
06:05:00 PM (00:05:00) Erika Skinger, Public Comment
Ms. Skinger had a question about B-3 zoning in the area for consent item 5, and if it was a part of the
Innovation Campus. Community Development Assistant Director Chris Saunders clarified that it was not.
06:08:08 PM (00:08:08) Public Comment
Mayor Taylor closed public comment.
06:08:12 PM (00:08:12) Motion and Vote to approve Consent Items 1-5 as submitted. Motion passed 5-
0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
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Page 3 of 19
Commissioner - I-Ho Pomeroy: Approve
F. 06:08:35 PM (00:08:35) Items Acted Upon Without Prior Unanimous Vote
1. 06:08:54 PM (00:08:54) Final Adoption of Ordinance 1952, a Text Amendment of the
Bozeman Municipal Code to Define and Apply Cottage Housing and Establish
Standards and Review Procedures, Application Number 16146 (Saunders)
06:09:04 PM (00:09:04) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Public comment was closed.
06:09:30 PM (00:09:30) Motion that having provisionally adopted Ordinance 1952 on June 27, 2016 by
a vote of 4-1, and reviewed and considered the ordinance text, public comment, and all the
information presented, I move to finally adopt Ordinance 1952, the Bozeman Municipal Code text
amendment defining and applying Cottage Housing and establishing standards and review
procedures.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
06:09:54 PM (00:09:54) Discussion
There was no discussion.
06:09:57 PM (00:09:57) Motion and Vote that having provisionally adopted Ordinance 1952 on June
27, 2016 by a vote of 4-1, and reviewed and considered the ordinance text, public comment, and all
the information presented, I move to finally adopt Ordinance 1952, the Bozeman Municipal Code text
amendment defining and applying Cottage Housing and establishing standards and review
procedures. Motion passed 4-1.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Disapprove
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
G. 06:10:13 PM (00:10:13) Public Comment
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06:11:40 PM (00:11:40) Jennifer Rockne, Public Comment
Here as Chair of INC to discuss vacation rentals in Bozeman. The licensing process is onerous and
expensive. The INC asks the Commission to provide time to have the discussion on the issue.
06:13:41 PM (00:13:41) Mary Vant Hull, Public Comment
She would hate to see more restaurants downtown. Sometimes no one knows about Air BnBs, all sorts
of things can happen. Ms. Vant Hull is a protector of downtown, and the City needs to be careful of food
carts downtown, are they getting permits? She gave examples of what people like about downtown.
06:16:48 PM (00:16:48) Sally Dickinson, Public Comment
Ms. Dickinson appreciates the effort of the Commissioners and the Chronicle to provide public
education.
06:17:19 PM (00:17:19) Erika Skinger, Public Comment
Ms. Skinger would like to take up a Board of Adjustments – type of review. Ms. Skinger asks if she should
come to the Commission to get this on the agenda. Mayor Taylor discussed the process, he will ask the
Commissioners in FYI at the end of the evening.
06:19:46 PM (00:19:46) Bob Wade, Public Comment
Currently the Chair of the Recreation and Parks Advisory Board, he was present to talk about the Sports
Park. He was in general favor of the concept. This park will give people a place to practice and have
games, for there to be tournaments. The Board is in support.
06:21:06 PM (00:21:06) Mary Ann Martel, Public Comment
Discussed short term rentals, has had experience in the field. She currently has a short-term rental. She
is registered with the City and has followed all the rules. She has created many jobs through this, short
term rentals are not the enemy.
06:24:50 PM (00:24:50) Max Eaton, Public Comment
Here to discuss vacation rentals, as we may be approaching market saturation now. He does not think
that other policies compared are relevant to Bozeman. He hasn’t heard any significant problems anyone
has had with vacation rentals. It’s not the City’s job to anticipate problems and regulate for them.
06:28:05 PM (00:28:05) Kelley Krekelberg, Public Comment
Owns a fashion truck and is a heavy AirBnB renter. The work supports her startup businesses. She is
support of vacation rentals and it adds a value to the community. The primary renters are parents of
college students and she has had a very positive impact on the community.
06:29:40 PM (00:29:40) Emily Kelly, Public Comment
Ms. Kelly asked if there will be an opportunity for the public to comment on potential changes on the
Sports Park Master Plan.
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06:30:46 PM (00:30:46) Jill Davenport, Public Comment
Was here recently in opposition of the West Cleveland CUP for a vacation rental. Ms. Davenport
discussed a complaint that recently occurred at that property. Discussed the problems with the
complaint process and the property manager. Reminded the Commission that there has to be a way to
notice the businesses in charge. The community needs compliance and enforcement.
06:34:09 PM (00:34:09) Jim Goetz, Public Comment
Mr. Goetz has discussed this before, and that vacation rentals are illegal and not in compliance with
zoning, and he doesn’t know how that can be enforced. In his neighborhood there are entities buying up
houses for vacation rentals. He asked for an interim regulation and a way to enforce currently.
06:36:18 PM (00:36:18) Laura Gretchovsky, Public Comment
She supports the vacation rental industry, but some issues do need to be addressed in regards to
regulation and oversight. It’s difficult to live here, and she thinks her vacation rental adds to the
improvement of her neighborhood.
06:38:43 PM (00:38:43) Suzanne Hald, Public Comment
Concerned about short term vacation rentals, of which there are many near her house. The character of
a neighborhood changes when vacation rentals are present, as they don’t have investment in the
neighborhood. She thinks it does have a negative effect on the feel of her neighborhood.
06:40:11 PM (00:40:11) Chris Nixon, Public Comment
Mr. Nixon operates a traditional bed and breakfast in town. Safety needs to be considered. Lodging tax
should also be addressed. Air BNB does not provide the means of collecting lodging tax. Not against
competition, but everyone should be on the same playing field.
06:42:42 PM (00:42:42) Nick Brice, Public Comment
Mr. Brice was present to discuss the mobile food business, he is the owner of Rendezvous Catering. He
spoke here in 2012 on the issue. He spends 70% of his grocery budget locally; his business allows him to
do so. His business is also very low-impact and sustainable. Mr. Brice wanted to challenge the
Commission to question the mobile food industry as they are the experts. He also asked the Commission
to look beyond just downtown.
06:46:01 PM (00:46:01) Tana Kelser, Public Comment
Ms. Kelser was present to discuss mobile vending, and how it has almost become a fight between brick
and mortar vs. mobile vendors. She asked the Commission to create a structure and to look at Chris
Naumann’s recommendations. Parking has also become an issue. Everyone needs to come to the
common ground.
06:48:20 PM (00:48:20) Kristin Hopkins, Public Comment
She has many vacation rentals surrounding her house, and hopes that she can rent in the future. She
rents another property that helps cover her mortgage. She asked that the Commission give
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consideration to on-site owners. She loves living here, so asks for flexibility in vacation rentals.
06:51:08 PM (00:51:08) Lance Flancis, Public Comment
He is the proprietor of Ted’s Montana Grill, and he employs 85 employees. Parking is already at 100%
downtown, and in the winter it’s even worse. It’s expensive to be on Main Street, and food trucks don’t
help. Food trucks don’t belong downtown, or maybe just at events.
06:54:25 PM (00:54:25) David Connelly, Public Comment
Currently discussion of how Bozeman is “perfect” and there is an “I’ve got mine” attitude. Young people
don’t always have their voice heard. What’s the place of government in these issues? The government
has the right to regulate health and safety, but what’s too far? It shouldn’t be a one-sided conversation
between the relevant businesses and the Commission. Food trucks serve a different clientele in
downtown Bozeman. It’s easy to be afraid, but let entrepreneurs grow in Bozeman.
06:57:37 PM (00:57:37) Sharon Peggy, Public Comment
She is in favor of vacation rentals. Her vacation rental helps her put her son through medical school, she
lives on the property, and they take care of it. Regulation needs to be fair to all businesses. She thinks a
bigger issue is homes that are being used for college rentals. Also in support of food trucks and fashion
trucks.
07:01:04 PM (01:01:04) Jesse and Tyler Collins, Public Comment
They own Mo’Bowls and provide local business. They do late nights downtown, and bars love them.
They do impact downtown, so they feel the most fair would be to let them help with that, in some way
fair, in a way that all entrepreneurs can contribute. This is their livelihood.
07:03:31 PM (01:03:31) Jeff Loeb, Public Comment
Can understand the vacation rental owners, but can also relate to times when things DO get out of
control. He asked the Commission to be sensitive to the local residents as well.
07:05:30 PM (01:05:30) Drew Dixon, Public Comment
As owned and operated a number of trucks over the years in Bozeman. He and his wife were able to
start a business with $10,000. But nowadays in Bozeman you can’t start a business without money.
Many of the lunchtime customers are people that work downtown. The opposition to mobile vending is
coming from a select few owners downtown. He relayed a few nasty stories from restaurant owners.
Chris Naumann’s recommendations displayed no knowledge of the food truck industry.
07:09:24 PM (01:09:24) Katherine McQuarter, Public Comment
Ms. McQuarter owns a food truck that she is building. Building her business gives her the opportunity to
spend time with her children and spend more face time with her customers. She pleads for civil
discourse and making this successful for everyone. Bozeman is growing so fast, there has to be a place
for all. Possibly a section of town or an empty lot where food trucks can come together would be a
possible balance.
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07:11:46 PM (01:11:46) Vonda Laird, Public Comment
In regards to vacation rentals, already abides by state fire regulations and code. The City should watch
that closely and go by those. In regards to food trucks, Chris Naumann has done a good job of putting
guidelines and restrictions together. Downtown Bozeman is full, but food trucks can be a part of
downtown, but there should be cooperation, maybe there can be a place for them.
07:14:07 PM (01:14:07) Jenny Stratton, Public Comment
She does here horror stories from clients regarding zoning requirements and Conditional Use Permits.
07:15:08 PM (01:15:08) Emily Pearson, Public Comment
She owns a food truck in Bozeman. She appreciates the new policies that were drafted. Food trucks have
a place, so let’s cooperate. She addressed the partnership with the Downtown Bozeman Association.
07:17:12 PM (01:17:12) Rabbi Staffman, Public Comment
When he and his wife purchased his home, they deliberately looked for a home with neighborhood
character. He is now worried that what he bought has the potential to be lost. There is a distinction
between on-site and absentee owners running businesses. There is reason for zoning restrictions. Young
people can’t find rentals, partly because of this issue.
07:20:31 PM (01:20:31) Charlene Luxinger, Public Comment
The City recently passed legislation for the new high school. When she bought her house, she looked for
the rental restrictions because she has to make up some income as she is on a fixed income. As a
vacation rental owner, she would be very considerate.
07:22:53 PM (01:22:53) Bob Fletcher, Public Comment
Mr. Fletcher is the owner of Burger Bob’s and the Cannery. The restaurant/hospitality industry is
booming in Bozeman, and not for the better. Food and alcohol is EVERYWHERE. We are creating a “Little
New Orleans” and losing small shops to bars and food trucks and restaurants. The parking situation is a
terrible problem.
07:26:05 PM (01:26:05) Kierst Rabinowicz, Public Comment
She is the owner of Bisl restaurant. She supports food trucks but there need to be regulations. Food
trucks’ share is not fair compared to downtown businesses. She wants to work together.
07:27:57 PM (01:27:57) Mary Bentley, Public Comment
Ms. Bentley is the owner of Open Range. She asked the Commission if they have researched what other
towns have down. There are great policies out there so she’s confused as to why it’s taking Bozeman so
long. Most food trucks in other cities and towns are bonded.
07:29:56 PM (01:29:56) Hans Figel, Public Comment
He wanted to discuss the red herring that people are buying up properties just for vacation rentals.
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There is incentive to keep properties in good shape if they are vacation rentals. The only two complaints
he’s had as a vacation rental owner was about the neighbors. College rentals are much more of an issue.
07:33:00 PM (01:33:00) Lisa Prue, Public Comment
Ms. Prue is the INC Representative for Cooper Park. She quoted Community Development Director
Wendy Thomas’s staff report. People need to stay active in the process and not listen to inaccurate
information. She noted that Austin, TX’s policy seems to work well. She asks that the Commission takes
time to get to this decision, as she did not sign the INC letter.
07:36:09 PM (01:36:09) Kelly Wiseman, Public Comment
Mr. Wiseman discussed the expenses that downtown businesses need to put into their buildings. He felt
disrespected that City Management doesn’t prioritize this issue. He thinks the area where food trucks
are not allowed should be beyond just downtown and the arterial and collectors.
07:38:31 PM (01:38:31) Bob Chase, Public Comment
In his travels he’s seen groups of food trucks in specialized areas. He is more concerned about vacation
rentals. Because he travels a lot, how will the City address house sitters? Additionally, people often need
short term rentals.
07:40:42 PM (01:40:42) Babs Noelle, Public Comment
Ms. Noelle spoke as a downtown business owner. Downtown business owners contribute significant
finances in the downtown. Mobile vending is not the same playing field because of the lesser financial
investment. Mobile vendors don’t bring anything to the downtown, but do bring negative impacts.
07:44:19 PM (01:44:19) Paul House, Public Comment
Mr. House owns a local vacation rental business. Short term rentals should have some level of
regulation, specifically in terms of total numbers. He doesn’t believe long-term rentals are really being
affected. Corporate ownership should be disallowed. Compliance should also be enforced.
07:47:54 PM (01:47:54) Keith Robbins, Public Comment
Mr. Robbins is a local food truck owner, and it’s true that they don’t pay as much in fees and taxes. But
this is a different sort of option. Most perceived concern is the fairness issue, not the money issue. He is
also a member of the DBA. Mobile businesses are often not members of the DBA NOT by choice of their
own, as many are denied access to contribute. Change is coming to Bozeman and asked the Commission
to not pass regulations that would put mobile businesses out of business, as many are incubators.
07:51:06 PM (01:51:06) Public Comment Closed
Mayor Taylor closed public comment.
H. 07:51:12 PM (01:51:12) Mayoral Proclamation
1. Hiring Our Heroes
Mayor Taylor proclaimed the City’s support of Hiring Our Heroes, supported by the U.S. Chamber of
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Commerce and KISS.
07:53:04 PM (01:53:04) Break
Mayor Taylor called a break until 8:00 PM.
08:02:01 PM (02:02:01) Meeting Called Back to Order
Mayor Taylor called the meeting back to order at 8:01 PM.
I. Action Items
1. 08:02:41 PM (02:02:41) Approve the Interlocal Agreement with Gallatin County for
the Law and Justice Center Project and Authorize the Mayor to Sign the Agreement
on Behalf of the City (Winn)
08:02:54 PM (02:02:54) Staff Presentation
Assistant City Attorney Karen Stambaugh presented on the Joint Law & Justice Center Interlocal
Agreement. She presented the background of the project, the project site plan, project and property
ownership, project financing, project management, condominium management, and operations and
maintenance.
Administrative Services Director Anna Rosenberry discussed the project costs, allocated 70/30
(County/City). She demonstrated the total costs, the City’s share, and the County’s share.
08:16:23 PM (02:16:23) Questions of Staff
CR Pomeroy asked for clarification that on the ballot, County residents will be asked once, and the City
will be asked twice (City and County). Discussion compared this project to the County jail. Director
Rosenberry, City Manager Kukulski, and Assistant City Manager Winn all spoke to the process of getting
to this agreement. She also asked if there was a fixed cost. ACM Winn responded.
CR Krauss asked what would happen if the project comes in at a higher cost. ACM Winn responded. He
also asked what a debt service levy was. Director Rosenberry responded. He asked a follow-up about
approximate total amount of City residents’ payment, being $40 million.
CR Mehl clarified the City/County interest rate difference and why the bond was decided, and if the
numbers will be dialed in for the ballot language. ACM Winn responded that August 15th is the ballot
language deadline, but there will be a special meeting on August 11th.
DM Andrus asked a clarification about the County/City vote and if one doesn’t pass, and if one party can
terminate if one levy fails. She also had a follow-up regarding land ownership.
Mayor Taylor asked why this project was different from the Rouse Justice Center.
08:44:34 PM (02:44:34) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Public comment was closed.
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08:45:00 PM (02:45:00) Motion that having considered public comment and the information presented
by staff, I hereby move to authorize the Mayor to sign the Law and Justice Center Project Interlocal
Agreement with additional changes consistent with the purpose and intent of the attached draft.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:45:24 PM (02:45:24) Discussion
DM Andrus discussed that this project was a long time coming, and now it is joint, which is a good thing.
CR Pomeroy agreed with DM Andrus and she supports the project.
CR Krauss will vote to put the bond on the ballot, but he does not endorse the project. It will be more
expensive for the citizens of Bozeman.
CR Mehl supports the motion AND the project. The role of the City is to keep people safe, and he does
not think this project is frivolous.
CR Pomeroy added that she would be very happy if we could cut the cost at all.
Mayor Taylor spoke to the effort made to keep costs down, as well as the difference between this and
the Rouse Justice Center project, and how much this is needed, and that this is the time.
09:03:12 PM (03:03:12) Motion and Vote that having considered public comment and the information
presented by staff, I hereby move to authorize the Mayor to sign the Law and Justice Center Project
Interlocal Agreement with additional changes consistent with the purpose and intent of the attached
draft. Motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
2. 09:03:29 PM (03:03:29) Continuation of the Public Hearing on Application 15439, the
Sundance Apartments Conditional Use Permit and Site Plan from July 11, 2016 to
August 8, 2016.
09:03:50 PM (03:03:50) Staff Presentation
Community Development Assistant Director Chris Saunders discussed the need of a continuance.
09:04:38 PM (03:04:38) Questions of Staff
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There were no questions for staff.
09:04:40 PM (03:04:40) Public Comment
Mayor Taylor opened public comment.
09:04:57 PM (03:04:57) Emily Kelly, Public Comment
Ms. Kelly wanted to know why the CUP was requested.
Assistant Director Saunders responded.
09:06:27 PM (03:06:27) Public Comment
Mayor Taylor closed public comment.
09:06:32 PM (03:06:32) Motion to hereby continue the public hearing on application 15439, the
Sundance Apartments Conditional Use Permit and Site Plan application from July 11, 2016 to August 8,
2016.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
09:06:52 PM (03:06:52) Discussion
There was no discussion.
09:06:56 PM (03:06:56) Motion and Vote to hereby continue the public hearing on application 15439,
the Sundance Apartments Conditional Use Permit and Site Plan application from July 11, 2016 to
August 8, 2016. Motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
3. 09:07:13 PM (03:07:13) A Conditional Use Permit (CUP) with Certificate of
Appropriateness Application to Allow the Sales of Alcohol for On-Premise
Consumption and to Modify the Building Facade at 25 West Main Street for a New
Restaurant, Jam Fusion Cafe (Quasi-Judicial) (Owens)
09:08:09 PM (03:08:09) Staff Presentation
Planner Rebecca Owens presented the CUP with COA request, the vicinity, the façade, the proposed
seating and patio, its relationship to the NCOD, proposed changes, a comparison to similar downtown
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storefronts, and the parking allocations. Ms. Owens discussed the findings of the application and
provided DRC’s recommendation.
09:18:51 PM (03:18:51) Questions of Staff
There were no questions for staff.
09:19:09 PM (03:19:09) Aaron Parker, Applicant Presentation
Mr. Parker is a long-time Bozeman resident and restaurant owner. Franks is transitioning into Jam Café,
focusing more on breakfast. With their menu, they are hoping to serve beer and wine, and he fully
understands the conditions of the staff report.
09:22:06 PM (03:22:06) Questions of Applicant
DM Andrus asked about the planned hours of the establishment, as well as catering.
CR Pomeroy asked what kind of food they would be serving.
09:25:32 PM (03:25:32) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Public comment was closed.
09:25:48 PM (03:25:48) Motion that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for application 16199 and move to approve the 25 West Main Street Conditional Use Permit with
Certificate of Appropriateness to allow the establishment of sales of alcohol for on-premise
consumption and to modify the building facade with conditions and subject to all applicable code
provisions.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
09:26:18 PM (03:26:18) Discussion
CR Krauss discussed the new hotels and office buildings and residential entering downtown Bozeman,
and now we get new ideas like this.
CR Mehl notes there are no relaxations in the application so he agrees with staff’s recommendation.
DM Andrus supports the motion as well.
CR Pomeroy agreed with the other Commissioners.
Mayor Taylor supports the motion, and noted the need to pay attention to the balance of businesses
downtown.
09:30:37 PM (03:30:37) Motion and Vote that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings presented in
the staff report for application 16199 and move to approve the 25 West Main Street Conditional Use
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Permit with Certificate of Appropriateness to allow the establishment of sales of alcohol for on-
premise consumption and to modify the building facade with conditions and subject to all applicable
code provisions. Motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
4. 09:30:53 PM (03:30:53) & 09:49:50 PM (03:51:42) Vacation Rental Code
Development and Community and Commission Priorities for Fiscal Year 2017
(Thomas/Kukulski)
09:31:05 PM (03:31:05) City Manager Kukulski asked the Commission about preferences for tonight’s
items given the time.
09:31:53 PM (03:31:53) Mayor Taylor changed the agenda and moved Action Item 6 up to let attending
citizens leave at a reasonable hour.
6. 09:32:57 PM (03:32:57) Adopt the Bozeman Sports Park Master Plan (Poissant)
09:33:23 PM (03:33:23) Staff Presentation
Trails, Open Space, and Parks Manager Carolyn Poissant presented the Bozeman Sports Park Master
Plan. Municipal Code calls for Commission approval of master plans. If approved, they will be moving
into the site plan stage that will involve public input. She discussed design consideration, the Master
Plan itself, project phasing, funding, and next steps.
09:41:47 PM (03:41:47) Questions of Staff
DM Andrus asked about the vending building. She also had a follow-up about a possible shared-use
path. She also asked about the crosswalk at Baxter Lane.
09:46:16 PM (03:46:16) Public Comment
Mayor Taylor opened public comment.
09:45:54 PM (03:47:46) Chris Naumann, Public Comment
As a member of the Bozeman Sports Park Foundation, he expressed their support of the plan.
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09:47:06 PM (03:47:06) Keith Robbins, Public Comment
Mr. Robbins asked if the Commission would consider asking the planning board leave some designated
mobile vending sports around the park to alleviate the mobile vending issue.
09:47:53 PM (03:47:53) Motion that in consideration of all public input, the staff presentation, and
information received to date, I hereby move to approve the adoption of the Bozeman Sports Park
Master Plan as per the Bozeman Municipal Code Section 26.02.220.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
09:48:19 PM (03:48:19) Discussion
CR Mehl stated that despite the parking is in flux, the plan has been well-studied
CR Krauss stated that he appreciated the effort that went on to engage the public.
09:50:11 PM (03:50:11) Motion and Vote that in consideration of all public input, the staff
presentation, and information received to date, I hereby move to approve the adoption of the
Bozeman Sports Park Master Plan as per the Bozeman Municipal Code Section 26.02.220. Motion
passed 5-0.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
4. (continued) 09:30:12 PM (03:32:04) & 09:50:28 PM (03:50:28) Vacation Rental Code
Development and Community and Commission Priorities for Fiscal Year 2017
(Thomas/Kukulski)
09:52:01 PM (03:52:01) Mayor Taylor extended the meeting to 10:30 PM.
09:52:11 PM (03:52:11) Staff Presentation
Community Development Director Wendy Thomas presented on vacation rentals. Director Thomas
discussed short term rentals and emerging issues for the community, the need for more data, the
Commission priorities set in February, the recommended action of the Commission, best practices,
existing regulations, the need/urgency, resources, limitations of enforcement, neighborhood concerns,
potential next steps, Community Development resource allocation.
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10:03:57 PM (04:03:57) Questions of Staff
CR Mehl asked is it correct if we don’t charge for voluntary fire inspection. Deputy Chief/Fire Marshal
Trisha Wolford contributed to the discussion. Fees and fire inspections, and short vs. long-term rental
inspections were discussed. He followed up with clarification of on-site/kitchen specifics for rentals. He
also asked how the City would follow state code.
CR Pomeroy asked license fees, bed tax, parking, and the limiting of total numbers.
DM Andrus asked about compliance and enforcement, and the fact that it is complaint driven.
CR Krauss asked approximately how many of these short term rentals were illegal. Director Thomas
guessed an easy 200. He followed up with the purpose of zoning, and the purpose of Conditional Use
Permits. Discussion entailed realistic solutions given limited enforcement.
10:30:33 PM (04:30:33) Meeting Extended
Mayor Taylor extended the meeting to 11:00 PM.
10:30:32 PM (04:32:24) Questions of Staff Continued
CR Krauss continued, and asked about commercial vs. residential.
Mayor Taylor asked what the filing fee for a Conditional Use Permit was. Director Thomas responded
$1470.
10:38:11 PM (04:38:11) Public Comment
Mayor Taylor opened public comment.
10:38:25 PM (04:38:25) Jodi Richards, Public Comment
Ms. Richards is a local short-term rental business manager. She discussed that there are duplicates in
AirBnB and VRBO. There are likely 200-ish, and many are illegal. Getting a better idea on the data is the
most important step. She does get fire inspections on her houses.
10:41:54 PM (04:41:54) Susie Hall, Public Comment
Ms. Hall is a vacation rental manager in the area. She thinks the time is right for regulation, and that it’s
appropriate to limit the number of rentals in a neighborhood. There are many rentals that are currently
unlicensed and uninspected. If homes are well-managed, this is a non-issue. She strongly recommends
the Commissioners not adopt emergency zoning. She is not aware of any state rules limiting numbers of
occupants, except a regulation based on septic systems.
10:47:08 PM (04:47:08) Sharon Warren, Public Comment
Ms. Warren is a neighbor to a short-term rental. She stated a complaint she experienced with the
property. Of seven homes on her block, one is a vacation home, one is an illegal AirBnB, one home is
vacant and on the market. Ms. Warren commented that CR Krauss stated in the past that he wouldn’t
like a variance in his neighborhood.
10:50:08 PM (04:50:08) Ron Brey, Public Comment
There is a need for an emergency ordinance, there should be a moratorium while data is collected.
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Enforcement is a huge issue, and the City needs to figure out an approach before the complaints start
coming in. His suggestions are that these should be owner-occupied.
10:54:16 PM (04:54:16) Carl Warren, Public Comment
Mr. Warren didn’t want to move to Big Sky because he didn’t want a transitory neighborhood. He would
recommend appoint an advisory committee made up of citizens to come up with free solutions. There
should also be a moratorium in the meantime.
10:56:55 PM (04:56:55) Marjorie Smith, Public Comment
Made a vacation rental on her property and has been a financial saving grace. She discussed the nuances
of zoning and accessory dwellings.
11:00:33 PM (05:00:33) Meeting Extended
Mayor Taylor extended the meeting to 11:30 PM.
11:00:36 PM (05:00:36) Cassi Clampitt, Public Comment
GAR Government Affairs Director, Ms. Clampitt, stated that she doesn’t feel it’s fair to shut down
vacation rentals, but it’s also time for regulation. GAR offered its help as well.
11:02:06 PM (05:02:06) Public Comment
Mayor Taylor closed public comment.
11:02:08 PM (05:02:08) Discussion
Mayor Taylor suggested that the Commission make some comments on this issue, but only for 15
minutes, and continue the discussion at the next meeting.
CR Krauss discussed why he initially discussed an interim ordinance, and the nuances of R zoning.
CR Mehl doesn’t think an interim ordinance is needed, he will put a time limit in place. He is in favor of a
not-to-exceed cap for neighborhoods, and incentivize owners to come in, as well as an on-site owner
and ban corporate ownership.
DM Andrus discussed she’s in favor of putting on the breaks. Safety issues, ADA compliance, insurance,
bed tax, neighborhood character, and compliance are all issues to look at. We should devote the next 6
months to data collection and make this a priority in 2017.
CR Pomeroy wants people to register and pay fees. She would be in favor of a number cap.
CR Krauss mentioned that the medical marijuana issue got figured out without it being a goal.
Mayor Taylor stated that this falls under the purveyance of the UDC rewrite. He would support further
discussing this at the next meeting. He would also suggest amending the UDC to halt for now.
No motion is required. Advertised as an Action Item so that Commissioners may review the
recommendations, gather additional public input, and provide direction to staff.
5. 11:22:48 PM (05:22:48) Policy Discussion on Mobile Vending (Thomas/Kukulski)
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11:23:08 PM (05:23:08) Staff Presentation
Community Development Director Wendy Thomas began to present mobile vending, but Mayor Taylor
suggested the City only take public comment for the remainder of the evening. The item was moved to
August 1, 2016.
11:24:58 PM (05:24:58) Public Comment
Mayor Taylor opened public comment.
11:25:16 PM (05:25:16) Nate Harris, Public Comment
Mr. Harris opposes the current proposed regulations on food trucks. He would propose a business
license with the City and a health inspection. Food trucks make downtown vibrant. We have an
underused parking garage. Competition is part of the economy, and the DBA should not have oversight
of food trucks if they won’t allow food trucks to join.
11:27:28 PM (05:27:28) Joe Cobb, Public Comment
Mr. Cobb is the owner of the Naked Noodle. Summer is the most important time for his business
financially. Food truck Fridays, Lunch on the Lawn, and Music on Main significantly impacts his business.
Food trucks are undermining downtown businesses. He asks that mobile vending get relocated to
another location.
11:32:04 PM (05:32:04) Meeting Extended
Mayor Taylor extended the meeting to 11:40 PM.
11:32:47 PM (05:32:47) Jay Blaskey, Public Comment
Mr. Blaskey is the owner of Tumbleweeds food truck. He stated that he wants to work with the
downtown businesses. He does agree there should be some regulation, structure, and payment to
“play.” There have been fruitful discussions in the past and he wants to be involved in the future.
11:35:39 PM (05:35:39) Chris Naumann, Public Comment
Mr. Naumann, Executive Director of the Downtown Bozeman Association, reminded the public that he
has been collecting information for the past 7 months. He has worked with City staff to develop the
regulatory framework proposed. He clarified that DBA dues do not contribute to the BID and TIF, and
that these are funded just by the property owners.
11:37:55 PM (05:37:55) Meeting Extended
Mayor Taylor extended the meeting to 11:45 PM.
11:38:00 PM (05:38:00) Kelsey Shurg, Public Comment
Ms. Shurg owns one of the fashion trucks, and she’s contributing to the retail scene in a different way.
She respects downtown businesses and abides by parking laws. The best practices listed in the
Commission Memo are sufficient, and that yes, she is willing to contribute more fully to be included.
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11:40:29 PM (05:40:29) Ryan Olson, Public Comment
Mr. Olson thinks that the Commission should implement the ordinance recommended in the staff
ordinance for safety reasons, as sidewalks are not meant for commercial purposes.
11:41:43 PM (05:41:43) Jeff Stevens, Public Comment
Mr. Stevens owns a restaurant on N. 19th, and is a fan of entrepreneurship and that competition brings
quality.
11:42:35 PM (05:42:35) Public Comment
Mayor Taylor closed public comment.
No motion is required. Advertised as an Action Item so that Commissioners may review the
recommendations, gather additional public input, and provide direction to staff.
J. 11:42:59 PM (05:42:59) FYI/Discussion
1. Mayor Taylor mentioned the Government Finance Officers Association’s Certificate
of Achievement for Excellence in Financial Reporting award to Controller Brian
LaMeres.
2. City Attorney Sullivan clarified the Board of Adjustment public comment from earlier
in the evening, and that the City Commission has taken on the powers of the Board
of Adjustment, which is allowed by state statute. The Commission agreed that it did
not need to be a future agenda item at this point.
K. 11:45:28 PM (05:45:28) Adjournment
Mayor Taylor adjourned the meeting at 11:44 PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough, MPA
City Clerk
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PREPARED BY:
___________________________________
Robin Crough, MPA
City Clerk
Approved on: ___________________________________
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