HomeMy WebLinkAbout07-11-16 City Commission Minutes 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
Staff Present:Chris Kukulski, City Manager;Greg Sullivan, City Attorney; Robin Crough, City Clerk
A. 06:00:44 PM (00:00:44)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:00 PM.
B. 06:00:53 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 7 -
06:02:25 PM (00:02:25)Motion and Vote to approve the combined City Commission Minutes from
March 21,April4,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
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Commissioner-I-Ho Pomeroy:Approve
E. 06:02:38 PM (00:02:38)Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 01,a
2. Authorize the City Manager to Sign a Professional Services Agreement with Latitude
Geographics for Geocortex Web Map Form Development (Henderson) 7�a
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) 8. a
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) 1 a
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) 0--a
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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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) 7L!a
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 Keiser,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)JennVStratton,Public Comment
She does here horror stories from clients regarding zoning requirements and Conditional Use Permits.
07:15:08 PM (01:15:08)Emi1V 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)MaryBentleV,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 Fipel, 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) 7'a
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 151n is the ballot
language deadline, but there will be a special meeting on August 11tn
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.
DeputV 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,1 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-CVnthia 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. 7- 0
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
There were no questions for staff.
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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
Manor-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) 7?4-
09:08:09 PM (03:08:09)Staff Presentation
Planner Rebecca Owens presented the CUP with COA request,the vicinity,the fagade,the proposed
seating and patio, its relationship to the NCOD, proposed changes, a comparison to similar downtown
storefronts, and the parking allocations. Ms. Owens discussed the findings of the application and
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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 Cafe,
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
Permit with Certificate of Appropriateness to allow the establishment of sales of alcohol for on-
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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) Ewa
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) 7'G
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.
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
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Bozeman City Commission Minutes,July 11,2016
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,1 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) 7- a
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.
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
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Bozeman City Commission Minutes,July 11,2016
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.
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.
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Bozeman City Commission Minutes,July 11,2016
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) 7,
a
11:23:08 PM (05:23:08)Staff Presentation
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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.
11:40:29 PM (05:40:29)Ryan Olson,Public Comment
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Bozeman City Commission Minutes,July 11,2016
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
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PREPARED BY:
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Bozeman City Commission Minutes,July 11,2016
Robin Crough, MPA
City Clerk
Approved on:
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