HomeMy WebLinkAbout08-15-16 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 May 2, July 18, July 25, and August 1, 2016, and User Access to Linked Minutes.
MEETING DATE: August 15, 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 May 2, 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 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 July 25, 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 August 1, 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 May 2, July 18, July 25, and August 1, 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
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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.
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 August 8, 2016
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Page 1 of 12
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, May 02, 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: Assistant City Manager, Chuck Winn, City Attorney, Greg Sullivan and Deputy City Clerk,
Pearl Michalson.
A. 06:01:43 PM Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse.
Mayor Taylor called the meeting to order at 6:01p.m.
B. 06:01:47 PM Pledge of Allegiance and a Moment of Silence
C. Public Service Announcements- There were no public service announcements.
D. 06:02:41 PM Changes to the Agenda
E. Authorize Absence –There were no absence’s to authorize.
F. 06:03:24 PM Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Granting of Utility and Access Easement to Serve Lot A, Amended Plat C-35B Block 20
Butte Addition (Kerr)
3. Ratify the City Engineer Signature on the Attached Task Order for Development and
Testing of the Recently Installed Air Injection Wells at the Story Mill Landfill (Hixson)
4. Authorize the City Manager to Sign the Memoranda of Agreement for the Purchase of
Easements and Temporary Construction Easements for Real Property Needed for the
City to Install Improvements to Baxter Lane (Hixson)
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06:03:49 PM Overview of Consent Items
Assistant City Manager, Chuck Winn, gave an overview of consent items 1-4.
06:04:17 PM Public Comment
Mayor Taylor opened public comment
There was no public comment.
Public Comment was closed.
06:04:21 PM Motion and Vote to approve Consent Items 1-4 as submitted. Motion passed 5-0.
Deputy Mayor - Cynthia Andrus: 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
G. 06:04:47 PM Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Public Comment was closed.
H. Other Public Hearing
06:06:40 PM Conduct a Public Hearing on the Agency Exemptions Requested by the Bozeman
School District 7 for the Sacajawea Middle School Upgrade and Expansion Site Plan Application
16113(Brekke)
06:07:10 PM Staff Presentation
Allyson Brekke, City Planner gave a brief presentation
06:11:38 PM Questions of Staff
Cr. Mehl asked staff about flexibility on the shared use path, fire lanes, parking and
Cr. Pomeroy asked for clarification of proposed use and the commission’s authority to which the city
attorney clarified that the commission doesn’t have the power to force the applicant to do something
differently.
DM Andrus, sidewalk exemption clarification was requested of staff.
The improvement of south third and the timeline was discussed my public works director, Craig
Woolard.
Cr. Krauss asked how far the shared use path would go in regards to Blackwood Road. A question about
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where the setback encroachment would work.
Mayor Taylor asked about the bus access
06:25:35 PM Questions for Applicant
Todd Swinehart, BSD7 representative answered questions about bus drop off for Mayor Taylor
Deputy Mayor Andrus asked for the reason behind the shared use path.
Cr. Mehl asked about the interlocal agreement and asked for clarification on emphasis on walking or
biking to school. An exemption discussion with the board and this bike path was discussed.
Mr. Swinehart talked about working with Park and Rec concerning walking and biking to school.
Cr. Mehl asked about installing sidewalk panels.
Mayor Taylor asked about a door on the trash to which the applicant responded.
06:34:50 PM Public Comment
Mayor Taylor opened public comment
06:34:58 PM Glenn Manahan, Public Comment
Mr. Manahan stated that as a biker in the afternoon, parents are parking in the bike lane when they
come to pick up their kids as well as doors in the bike lane. Preventing parents from encroaching on the
bike lane when picking up their kids is something that should be looked at.
06:37:02 PM Public Comment Closed
06:37:18 PM Comments
Cr. Krauss stated that public safety, health and welfare was important to the commission via shared use
paths. A transportation levy. Shared use path as part as transportation by the school district, the
commission should take a look at the street. The Cambridge intersection was discussed as well as no
parking signs in order to mitigate some of the danger to bicyclists.
Deputy Mayor Andrus stated that she had some concerns with the shared use path and felt that it
needed to be addressed and think about people who walk and bike in terms of safety. Putting in the
sidewalk was something that should be considered during the expansion of the school.
Cr. Mehl stated that the school district staff should strongly re-consider the design in order to be able to
include shared use paths.
Mayor Taylor thanked staff for giving the public and the commission the chance to weigh in on this.
06:49:37 PM Hearing Closed
I. Action Items
1. 06:49:48 PM 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)
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06:50:25 PM Staff presentation
Tom Rogers, City Planner, gave a presentation on the Final Adoption of Ordinance 1942. Staff took that
opportunity to put together a few of the ideas. Parking and how mixed use would work in a midtown
district was discussed. Midtown parking requirememnts and Reductions. For example, a 24, 136sq/ft
home as a three floor mixed use building would have retail parking of 300 feet would allow for 28
parking spaces. An office of 250 sq ft, would be allowed 24 parking spaces. Five residential units of
3bdrm/2 baths and 2/e would allow for 13 parking spaces for a total of 65 allotted parking spaces.
Reductions were also discussed in relation to all this.
06:58:01 PM Questions for Staff
Cr. Pomeroy asked about the third floor and what those requirements meant.
Cr. Krauss as about commercial conditional uses compared to Permitted use
Cr. Mehl asked for clarification on B-2M and uses (residential) which what should and should not be
allowed to which staff responded in detail.
Deputy Mayor Andrus talked about why conditional uses may be permitted and how findings may be
made.
Cr. Mehl asked if there would be another category to cover special use permits to which staff
responded.
Mayor Taylor talked Implications of the conditional use permit was discussed and wondered how a
conditional use would work with a gas station. Concerns with conditional use permits were responded
to by staff.
07:11:08 PM Public Comment
There was no public comment.
07:11:23 PM Motion that having reviewed and considered the application materials, public comment,
recommendation of the Zoning Commission, and all the information presented, and a public hearing
having been held and provisional adoption of Ordinance 1942 given on April 11, 2016; I hereby finally
adopt Ordinance 1942 the text amendment to create R-5 (Residential High Density Mixed District) and
B-2M (Community Business Mixed District) zoning districts. Application 15-320.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
07:11:54 PM Discussion
Cr. Mehl stated that he was generally supported and welcomed amendments.
07:12:31 PM (01:13:08) Amendment to the Motion that in Section 20, paragraph 5, the ordinance
should read that the first 3000 growth square feet of a non-residential district within B-3 or B-2M
district is not required to provide parking.
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Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:14:28 PM* Discussion on the Amendment
Cr. Krauss stated that parking should not be the first and only priority.
Cr. Pomeroy supported this motion.
Deputy Mayor Andrus stated that it would good to remember that when they talked about downtown
she did not feel that the parking in midtown was the same since Midtown already had plenty of parking.
Cr. Krauss asked staff position on the Zoning.
Staff responded that dispersed parking that allowed parking on main street was talked about along with
the parking facility downtown permitted shred use for commercial development in that area. In
Midtown, the ability for permitted shared use was not as advanced to meet that requirement.
Assistant City Manager Chuck Winn stated that the economic development department would be better
to respond to this question.
07:24:02 PM Staff response
Economic Development Assistant, David Fine stated on Thursday looking at right siding and sizing in
Midtown would be discussed by the midtown urban renewal board and they might be able to provide
additional feedback and recommendations to the commission.
Cr. Mehl asked for clarification on the staff’s recommendation to do a parking study on north 7th.
Mayor Taylor wanted to know more about parking and was nervous that there was no parking in that
area.
Cr. Pomeroy, the amendment is great for businesses.
07:36:34 PM Vote on the Amendment that in Section 20, paragraph 5, the ordinance should read that
the first 3000 growth square feet of a non-residential district within B-3 or B-2M district is not required
to provide parking. The amendment passed 4-1.
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: Disapprove
Commissioner - I-Ho Pomeroy: Approve
07:36:43 PM Discussion
Cr. Krauss discussed potential amendments that Conditional uses are permitted with conditions as
imposed by planning staff and commission.
Staff talked about residential impacts and the reasoning behind some CUPs.
Cr. Mehl was interested but not tonight.
Cr. Pomeroy stated that she was interested in more study.
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Deputy Mayor Andrus stated that she also wanted to understand why it was conditionally approved
also and what the impact would be. A more in depth discussion would be needed.
Mayor Taylor stated he would be willing to have more discussion and wondered about the differences
in conditional use.
Cr. Krauss talked about the investment side but cautioned when businesses wanted to challenge what
the conditional uses looked like and wanted to make changes.
Cr. Mehl explained the voting process.
DM Andrus stated that she would support the overall ordinance and clarified section 11 about the
intent of B-2. Division for the public.
Cr. Pomeroy gave reasons why she supported this motion.
Mayor Taylor addressed issues on North 7th and how they would or would not benefit to make a
difference on North 7th street.
07:59:12 PM Vote on main motion that having reviewed and considered the application materials,
public comment, recommendation of the Zoning Commission, and all the information presented, and a
public hearing having been held and provisional adoption of Ordinance 1942 given on April 11, 2016; I
hereby finally adopt Ordinance 1942 the text amendment to create R-5 (Residential High Density
Mixed District) and B-2M (Community Business Mixed District) zoning districts. Application 15-320.
The motion passed 5-0.
Commissioner - Chris Mehl: 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
07:59:20 PM Break until 8:10 PM
08:12:18 PM Meeting back in session
2. 08:13:21 PM Final Adoption of Ordinance 1943- the Midtown Zone Map Amendment to
Rezone Approximately 232.6 Acres to R-5 (Residential Mixed-Use High Density District), B-
2M (Community Business District-Mixed), PLI (Public Lands and Institutions), and B-3
(Central Business District), Application 15-320 (Rogers)
08:13:36 PM Staff presentation
Planner Tom Rogers presented on the final adoption of Ordinance 1943.
08:18:44 PM Questions for staff
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08:20:05 PM (02:20:42) City Attorney
Cr. Pomeroy asked for clarification of the vote.
Cr. Krauss just asked for clarification
08:23:24 PM Point of Order
Clarification asked of the city attorney from Cr. Krauss.
08:25:13 PM Clarification of rules
08:28:29 PM Public Comment
Mayor Taylor opened public comment.
08:28:36 PM Glenn Manohan, Public Comment
Stated that any encroachment will impact quality of life and home value. There was no concern about
what was happening but there was no reason to change to R-5 without reasons why.
08:31:03 PM Nancy Shelts, Public Comment
Talked about the neighborhood and was happy when R-5 was not supported and wondered what the
hurry to make these changes. The impacts on the neighborhood was something that was discussed as
well.
08:32:56 PM Questions for staff
Cr. Krauss asked staff if the commission was only approving the way that this was amended.
08:33:37 PM Motion that having reviewed and considered the application materials, public comment,
recommendation of the Zoning Commission, and all the information presented, and a public hearing
having been held and provisional adoption of Ordinance 1943 given on April 11, 2016; I hereby move
to finally adopt Ordinance 1943 for a zone map amendment to rezone approximately 232.6 acres to R-
5 (Residential Mixed-Use High Density District), B-2M (Community Business District-Mixed), PLI (Public
Lands and Institutions), and B-3 (Central Business District), application 15-320.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:34:27 PM Discussion
Cr. Krauss and Pomeroy supported the motion.
Cr. Mehl asked for clarification.
Mayor Taylor intends to vote for the motion.
08:35:11 PM Vote on the motion that having reviewed and considered the application materials,
public comment, recommendation of the Zoning Commission, and all the information presented, and a
public hearing having been held and provisional adoption of Ordinance 1943 given on April 11, 2016; I
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hereby move to finally adopt Ordinance 1943 for a zone map amendment to rezone approximately
232.6 acres to R-5 (Residential Mixed-Use High Density District), B-2M (Community Business District-
Mixed), PLI (Public Lands and Institutions), and B-3 (Central Business District), application 15-320.
Motion passed 5-0.
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. 08:35:40 PM Proposed rezoning of certain properties along and south of West Lamme
Street from R4 to the proposed R5 (Residential High Density Mixed Use District) which were
removed from proposed rezoning at provisional adoption of Ordinance 1943 (Midtown Zone
Map Amendment) (Thomas)
08:35:52 PM Staff presentation
Planner Tom Rogers presented the proposed rezoning of portions of West Lamme Street.
08:39:14 PM Question for Staff
DM Andrus stated that we are asking the city manager to come back and amend what we have already
approved. This vote was not about changing but coming back and reconsidering the motion to which
the city attorney clarified what was discussed.
Will there be any new information presented to the commission should this go forward.
08:45:08 PM Public Comment
Mayor Taylor opened public comment.
08:45:23 PM Glenn Monahan, Public Comment
Stated that there was no compelling argument as to why R-5 was needed.
08:46:12 PM Public Comment Closed
08:46:18 PM Motion to direct the City Manager to take all required steps to present the Commission
with an ordinance amending the zoning of properties along and south of West Lamme Street from R4
to the proposed R5 for a public hearing to occur on Monday, May 23, 2016.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Cynthia Andrus: 2nd
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08:46:56 PM Discussion
Cr. Pomeroy stated why she supported this motion.
DM Andrus stated that she was not sure that it was worth going back to re-discuss this item and would
oppose the motion.
Cr. Krauss stated that there was not a good reason that made him wanted to change his vote and based
on that he voted for the main motion.
Cr. Mehl stated that he would be supporting this and gave reasons why.
Cr. Pomeroy stated that she would support this.
Mayor Taylor apologized but stated that the decision wasn’t made lightly and this discussion would be
continued in further detail in the future.
08:54:29 PM Vote on the motion to direct the City Manager to take all required steps to present the
Commission with an ordinance amending the zoning of properties along and south of West Lamme
Street from R4 to the proposed R5 for a public hearing to occur on Monday, May 23, 2016. Motion
passed 5-0.
Commissioner - I-Ho Pomeroy: 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
4. 08:54:37 PM Final Adoption of Ordinance 1944 - A Text Amendment of the Bozeman
Municipal Code to Revise Plan Review Provisions. Application 15-320 (Rogers)
08:55:05 PM Staff presentation
Planner Tom Rogers presented on Ordinance 1944.
08:56:23 PM Questions for staff
None.
08:56:35 PM Public Comment
Mayor Taylor opened public comment.
08:56:42 PM Luke Howard, Public Comment
Luke stated that they were in favor of revising the ordinance because it was efficient and wanted to
clarify that this was streamlining the review process.
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08:57:43 PM Public Comment Closed
Mayor Taylor closed public comment.
08:57:48 PM Motion that having reviewed and considered the application materials, public comment,
recommendation of the Zoning Commission, and all the information presented, and a public hearing
having been held and provisional adoption of Ordinance 1944 given on April 11, 2016; I hereby finally
adopt Ordinance 1944 the plan review provisions text amendment. Application 15-320.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
08:58:11 PM Discussion
DM Andrus stated that she supported this previously and gave other reasons why she supported this.
08:59:02 PM Vote on the motion that Having reviewed and considered the application materials,
public comment, recommendation of the Zoning Commission, and all the information presented, and a
public hearing having been held and provisional adoption of Ordinance 1944 given on April 11, 2016; I
hereby finally adopt Ordinance 1944 the plan review provisions text amendment. Motion passed 4-1.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Disapprove
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
5. 08:59:20 PM Final Adoption of Ordinance 1946 - A Text Amendment of the Bozeman
Municipal Code to Revise the Entryway Corridor. Application 15-320 (Rogers)
09:00:13 PM Staff presentation
Planner Tom Rogers presented on Ordinance 1946.
09:00:35 PM Questions for staff
Attorney stated that the effective date stayed the same as the text and zone map amendment.
09:01:25 PM Public Comment
There was no public comment.
09:01:31 PM Motion that having reviewed and considered the application materials, public comment,
recommendation of the Zoning Commission, and all the information presented, and a public hearing
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having been held and provisional adoption of Ordinance 1946 given on April 11, 2016; I hereby finally
adopt Ordinance 1946 modifying the Entryway Corridor text amendment. Application 15-320.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:01:54 PM Discussion
Cr. Mehl states the intention is straight forward and he supports the motion.
Cr. Pomeroy will support the motion.
Mayor Taylor likes the intent.
09:03:20 PM (03:03:57) Vote on the motion that having reviewed and considered the application
materials, public comment, recommendation of the Zoning Commission, and all the information
presented, and a public hearing having been held and provisional adoption of Ordinance 1946 given
on April 11, 2016; I hereby finally adopt Ordinance 1946 modifying the Entryway Corridor text
amendment. Application 15-320. Motion passed 5-0.
Commissioner - Chris Mehl: 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. 09:03:42 PM (03:04:19) FYI/Discussion
a. Cr. Mehl requested that he’d like an updated agenda if the agenda changes.
K. 09:04:57 PM Adjournment
Mayor adjourned the meeting at 9:04 PM.
______________________________________
Carson Taylor
Mayor
ATTEST:
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______________________________________
Robin Crough
City Clerk
PREPARED BY:
______________________________________
Pearl Michalson
Deputy City Clerk
Approved on: _______________________
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, July 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, City Attorney, Greg Sullivan, and Deputy City Clerk, Pearl
Michalson.
A. 06:01:02 PM (00:01:55) 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. 06:01:06 PM (00:02:00) Pledge of Allegiance and a Moment of Silence
C. 06:02:26 PM (00:03:20) Changes to the Agenda
Mayor Taylor asked the city manager if there were any changes to the agenda, to which the city
manager stated that there were none.
D. 06:02:32 PM (00:03:26) 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 OpenCounter
for Business Licensing Software (Thomas/Fontenot)
3. Authorize the City Manager to Sign Amendment Number 3 to the Professional Services
Agreement with Confluence Consulting, Inc. for the Bozeman Creek Enhancement Project
(Poissant)
4. Resolution 4702, Approving Change Order Number 2 with Saunders Line Construction for
the Downtown and North 7th Conduit Project (Gamradt)
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5. Approve an Application for License to Sell Liquor at Retail for Toro Bar and Grill of
Bozeman, Montana to Sell All Alcoholic Beverages at 211 East Main Street (Rosenberry)
06:02:37 PM (00:03:30) City Manager Chris Kukulski, gave an overview of consent items, 1-5.
06:03:43 PM (00:04:37) Public Comment
Mayor Taylor opened public comment
There was no public comment
Public Comment was closed.
06:03:53 PM (00:04:47) Motion and Vote to approve Consent Items 1-5 as submitted. Motion passed 5-
0.
Deputy Mayor - Cynthia Andrus: 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
E. 06:04:15 PM (00:05:09) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Public Comment was closed.
F. Action Items
1. 06:05:43 PM (00:06:36)Presentation of the Downtown Strategic Parking
Management Plan (Thorpe)
06:05:52 PM (00:06:46) Staff presentation
Parking Manager Thomas Thorpe, gave a presentation on the Downtown strategic parking management
plan, introducing Mr. Rick Williams who talked about the highlights’ of the plan. An overview of the study
area, outreach to support the plan, manage marketing and intended outcomes of the Bozeman plan. Key
findings was also discussed about what the city role and private sector of parking is. Off street parking,
on-street parking and private parking was discussed. Revenues, operating costs and a phased parking plan
in two phases of 1-18 months (implementing improvements, maximizing existing supply, managements,
operations, and policy elements) and 18-36+ months (Future capacity, Pricing parking, access, growth,
and engagement) were discussed in detail. Hourly rates, inflation and maintenance were also discussed.
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Strategy recommendations were discussed.
Bike parking expansion and solutions were discussed.
06:35:59 PM (00:36:53)Questions for Staff
Cr. Pomeroy asked for clarification for implementing the parking plan, as well as how the parking
commission planed on balancing two goals was asked. Staff responded in detail about the policies that
were currently in place and what needed to happen to reach these goals. Bozeman parking service
objective statement, priority users (definition of) was discussed in detail between the commission and
staff.
Cr. Mehl asked about the order of the things that the city should do in the list of principles (recommended)
per the parking commission, as well as clarification of revenues to which Rick Williams clarified in detail.
Adjusted rates with data collection was also discussed as well as sustained occupancy, demand, and
deficits between commissioner Mehl and Rick Williams in detail.
Cr. Krauss asked about the study and specifically, what the main conclusion was that was found by the
parking commission to which Rick Williams responded in detail. It was also asked of the City Manager if
the city reached out to the business managers’ downtown. Additionally, pricing on street parking, priority
streets and permit systems was also discussed. The parking division and economic development was
discussed also. Cr. Krauss also asked about the design of the current parking garage downtown and what
was done. Parking Manager Thomas Thorpe responded about the design and outreach that the parking
commission utilized to get the word out. Questions about the parking equipment were also discussed.
07:27:13 PM (01:28:07) Public Comment
Mayor Taylor called for public comment.
07:27:36 PM (01:28:30) Mary Vant Hall, Public Comment
Ms. Vant Hall talked about the philosophy about instant gratification with parking and those who think
that everything is okay the way that things already are. What direction that the commission might be
going was discussed based on what train thought that they might go in.
07:31:00 PM (01:31:54) Corey Lawrence, Public Comment
Cory Lawrence stated that he went to a lot of the meetings and was impressed with the meetings. The
biggest take away was that Rick Williams was providing a process that would work for the community with
the data that was provided yet, more data was needed.
07:34:03 PM (01:34:56) Chris Naumann, Public Comment
Chris Naumann gave clarification that downtown Bozeman does have bike parking stalls on side streets.
Outreach notification were both announced and discussed in June and updates were sent to the
Downtown Boards. Public parking and public infrastructure and the results of that was discussed.
07:37:46 PM (01:38:40) Susan Neibauer, Public Comment
Susan Neibauer talked about moving forward with a parking plan and that it was essential to businesses.
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07:38:58 PM (01:39:52) Dennis Benchtold, Public Comment
Dennis Benchtold talked about developing a parking plan with Rick Williams. As the city develops and
grows there would be more pressure on the parking commission to come up with a plan.
Implementation of the strategies would require a lot more information to find out if they would be
feasible to do. Fees in the short term and long term was discussed.
07:42:21 PM (01:43:15) Benjamin Bennett, Public Comment
Benjamin Bennett talked about his obligation to his staff and customers helping to supplement parking
downtown and being financially sustainable was discussed. He was in favor of the pal
07:45:20 PM (01:46:13) David Loseff, Public Comment
David Loseff talked about data on the parking garage, pricing, and the implications of those decisions
was discussed. A comprehensive study of parking analysis was discussed and what happens if there was
a rise in the parking taxes on businesses. Property taxes was discussed in detail as well.
07:50:40 PM (01:51:34) Public Comment Closed
Mayor Taylor closed public comment.
07:50:43 PM (01:51:37) Motion that having considered public comment and information presented by
staff, I hereby move to accept the Downtown Strategic Parking Management Plan and direct staff to
continue to work with the Parking Commission to implement the plan.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:51:12 PM (01:52:05) Discussion
Cr. Mehl asked if anyone wanted to make an amendment to the motion.
07:51:15 PM (01:52:09) Amendment to the parking management plan to remove recommendation 25 to
sell the Carnegie lot to fund acquisition of a better located parking parcels and a construction of a
parking garage.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:51:44 PM (01:52:38) Discussion
Cr. Krauss stated that the parking commission was responsible for developing a strategic plan but didn’t
think that selling the Carnegie lot would help the decision.
Cr. Andrus does not support removing the lot from the plan and stated that if it was something that was
needed it could be discussed at that time and that there were other strategies that could take place.
Cr. Mehl stated that all the 25 items had short and long term tactics and that the commission has asked
people to think about short term and long term strategies. Ways to gain more parking was discussed
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and would not support the recommendation to sell the lot.
Cr. Pomeroy stated it was not clear and would not support it.
Cr. Krauss stated that the statement was a blanket statement to sell the Carnegie lot and will vote no.
Mayor Taylor stated that he thinks about the essence of it where it’s talked about in good terms. They
are all ideas for the commission to think about.
Cr. Mehl stated this was a public asset that required a majority vote.
Cr. Pomeroy stated that we had a parking problem downtown and that staff should come back with
more data.
08:01:01 PM (02:01:55)Vote on the Amendment to the parking management plan to remove
recommendation 25 to sell the Carnegie lot. Motion failed 2-3.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Disapprove
Commissioner - Chris Mehl: Disapprove
Deputy Mayor - Cynthia Andrus: Disapprove
Commissioner - I-Ho Pomeroy: Approve
08:01:33 PM (02:02:27)* Amendment to strike 24B to failed parking and fees to appropriate.
08:01:46 PM (02:02:40) Motion on the amendment to strike 23/24B of parking fees.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
08:02:35 PM (02:03:29) Discussion*
Cr. Krauss would not support and stated why.
Deputy Mayor Andrus stared that she would not support the motion and stated why.
Cr. Mehl stated that there was a complexity to look at this carefully and none of this could happen
without the consideration of all of the commission. He would be voting against the motion
Cr. Pomeroy stated that she wanted to clarification on if they were voting on parking meters or not and
would not support the amendment.
Mayor Taylor was against the amendment and stated why.
08:11:10 PM (02:12:04) Vote on the Amendment to strike 23/24B of parking fees. Motion failed 2-3.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Disapprove
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Commissioner - Chris Mehl: Disapprove
Deputy Mayor - Cynthia Andrus: Disapprove
Commissioner - I-Ho Pomeroy: Approve
08:11:52 PM (02:12:46) Discussion on the main motion*
Cr. Mehl stated that he would be supporting the main motion and gave reasons why to reduce the
amount of parking downtown. He wanted more data and would support the plan
Cr. Pomeroy would be supporting this motion because it meant that we would not raise rates, parking
fees, and would support the motion
Cr. Krauss stated he would vote no, and the amendments failed and stated that those were directions to
the staff. If we would accept the study he would vote to do it but would vote to implement 1-25 of the
plan and was not sure that this specific plan should be passed tonight because we need more data.
Deputy Mayor Andrus would be supporting the plan and stated that in regards to public noticing, that
the parking commission had numerous public meetings to discuss parking. Public comment was
addressed as well as the need for parking.
Cr. Pomeroy stated that on page 2, 24B she was not comfortable with approving this with parking
meters and would not support this.
Mayor Taylor stated that the way he understood this plan, he is voting this mandates a thought process
and consideration and that after more data is collected that it would come back to the commission with
more information, to move forward
08:29:51 PM (02:30:45) Vote on the Motion that having considered public comment and information
presented by staff, I hereby move to accept the Downtown Strategic Parking Management Plan and
direct staff to continue to work with the Parking Commission to implement the plan. Motion passed 4-
1.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Commissioner - Jeff Krauss: Disapprove
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
08:30:22 PM (02:31:15) Break
Mayor Taylor called for a break until 20 minutes to nine.
08:40:13 PM (02:41:06) Meeting back in session
Mayor Taylor called the meeting back to order at 08:40PM.
2. 08:40:11 PM (02:41:05) Provisional Adoption of Ordinance 1953, the Simmental Zone
Map Amendment Rezoning an Existing 7.406 Acre Tract Located at 1 Simmental Way
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from M-1, Light Manufacturing District, to B-2, Community Business District
(WerBell)
08:40:52 PM (02:41:46) Staff presentation
Mitch Warbell, associate planner gave a presentation on the provisional adoption of the Simmental
Zone Map Amendment to rezoning the existing 7.406 acre tract at 1 Simmental Way. Public Comment
and recommendations were discussed. The materials that the applicant provided was discussed.
08:45:07 PM (02:46:01) Questions of Staff
Deputy Mayor Andrus asked if there had been any further conversation since the DRB and DRC
meetings.
Cr.Mehl asked if this project in the future would be recommended. Recommendation to change the
zoning was asked about.
Cr. Pomeroy asked also asked about the change in the recommendation from no to yes the last time
that this item was presented to the commission. How many M-1 zones are left in Bozeman to which
staff stated that could provide in the future. Reasons for M-1 Zoning was asked.
08:48:55 PM (02:49:49) Applicant presentation
The applicant talked about the approval of the change to the land use and that B-2 was appropriate
because it lends well to the area and that there was a lot of potential there for it. Discussion with MDT
has started.
08:50:20 PM (02:51:14) Questions of Applicant
Cr. Mehl asked if the applicant was aware of a 2nd entrance.
08:51:22 PM (02:52:15) Public Comment
Mayor Taylor asked if there was public comment.
There was none.
Public Comment was closed.
08:51:36 PM (02:52:30) Motion that having reviewed and considered the text of the ordinance, staff
report, application materials, public comment, the deliberations and recommendation of the Zoning
Commission at the June 21, 2016 Zoning Commission meeting and all information presented, I hereby
adopt the findings presented in the staff report for Application 16206 and move to provisionally adopt
Ordinance 1953, the Simmental Zone Map Amendment.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
08:52:27 PM (02:53:21) Discussion
Cr. Pomeroy stated that she thought that this area fits the neighborhood and would support this motion
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Cr. Krauss stated that we should not allow MDT to land lock the property behind it. Changes are
assumptions about what this would be used for.
Deputy Mayor Andrus stated that this conformed to the criteria.
08:55:50 PM (02:56:43) Vote on the Motion that having reviewed and considered the text of the
ordinance, staff report, application materials, public comment, the deliberations and recommendation
of the Zoning Commission at the June 21, 2016 Zoning Commission meeting and all information
presented, I hereby adopt the findings presented in the staff report for Application 16206 and move to
provisionally adopt Ordinance 1953, the Simmental Zone Map Amendment. Motion passed 5-0.
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
3. 08:57:03 PM (02:57:57) Vacation Rental Code Development and Community and
Commission Priorities for Fiscal Year 2017 (Thomas/Kukulski)
08:57:44 PM (02:58:38) Staff presentation
Community Development Director Wendy Thomas talked about the continuation of this item on
vacation rental homes but a recommended process of defining a scope, gathering and analyzing data,
reviewing an existing process as well as legal and enforcing the law. Actions such as outreach, drafting
and the review process was discussed. Possible actions such as an emergency ordinance, CUP
amendments, new provisions, and timing were discussed as well. The time line was
09:05:19 PM (03:06:13) Questions of Staff
Cr. Mehl asked if staff was suggesting that they would rather have an emergency ordinance or a
conditional use. Staff stated that as critical as the issue it is, it does not merit an emergency ordinance.
An explanation of what an emergency ordinance was and what purpose it would serve was discussed
along with the time for implementing the process.
09:07:30 PM (03:08:23) City Attorney
Greg Sullivan, City Attorney clarified that an emergency ordinance is actually defined as a interim
ordinance and gave information about what the commission was allowed to do per the ordinance as a
legislative act.
09:08:43 PM (03:09:37) Discussion continued
Cr. Mehl asked if it was up to the commission with how quickly they act with the details.
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Deputy Mayor Andrus asked if they went with the CUP option would it still be an interim or long term
step based on the decisions they make
Cr. Pomeroy asked about the time line on an emergency ordinance and how long would the time line be
if the ordinance was not implemented.
Mayor Taylor asked if the commission decided to limit them to some period of time 10 months from
now after a CUP expired, as each new application came along the commission would decide what would
be the down side to that. Staff responded that a CUP would be granted to a property and not a person.
More information was given about the approval of a conditional use permit and actions could be taken
to revoke illegal advertisements.
09:13:31 PM (03:14:25) City Attorney Discussion
Timing of a land use approval, the commission needs to be careful about the tool they
Cr. Mehl asked with new regulations, what would happen to the new regulations.
09:15:13 PM (03:16:07) Discussion Continued
Mayor Taylor talked about what success looked like and asked each commissioner to state what success
might look like to them.
09:17:02 PM (03:17:56) Public Comment
Mayor Taylor opened public comment
09:17:14 PM (03:18:07) Amanda Harris, Public Comment
Mr. and Mrs. Harris stated that they had recently bought a historical home and make it available as a
vacation rental on a short term rental and believe that there were benefits such as diverse places to
stay, income, continuous use of the home and does not adversely make the home commercial. There
were a lot of seasonal residence and the economic value of continual use was a benefit for the
businesses downtown. They have the same concerns as their neighbors.
09:21:05 PM (03:21:59) Mike Harring, Public Comment
Mike Harring stated that owner occupied rentals…are different than none occupied rentals. Regulation
in R-4 would not necessarily be a bad thing and that most zoning was based on density. Hoped that the
commission would included R-4 as well in the zoning regulations or add rules to that.
09:23:28 PM (03:24:22) Stewart Staller, Public Comment
Stewart Staller said that the staff report stated that more information was needed to make an informed
decision. As a conditional use permit goes, his home is approved to have a CUP but was never required
to need one. More thought needs to address the 530 properties where only 84 are abiding by the rules.
Taking the time to do a thorough evaluation was needed. Develop a plan that could take
09:26:43 PM (03:27:37) Beth Antonopoulos, Public Comment
Beth Antonopoulos stated that with individuals properties there was a lot of money involved and there
are neighbors who are looking at this as a business reason and not at the neighborhood. A real concern
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about how neighborhoods continue forward is something that she is talking about. Some sort of strong
action to property owners need to be considered.
09:30:12 PM (03:31:06) Sam Mitchell, Public Comment
Sam Mitchelle said that there were three homes in his neighborhood that would become vacation
rentals. Most short term rentals become a business. It is clear that short term rentals allow more
revenue and that the commission should consider the reasons for residential zoning.
09:32:28 PM (03:33:22) Fredrick Zark, Public Comment
Fredrick Zark stated that there were currently have a short term rental and is also a short term rental
user and the reason that he does is so that he may meet the people. Would encourage short term
members to meet the neighbors and be a part of the community.
09:34:12 PM (03:35:06) Kathy Powell, Public Comment
Kathy stated that the comments to gather outreach data made sense however the size of the CUP takes
a lot of staff time that could be used on other things, additionally CUP’s run with the land so she is
hoping that the commission looks as a way that this would make sense in order to regulate the issue.
Putting a hold on it make not make sense and it would make a strong signal to everyone to put a stop ti
this forward of anything.
09:37:29 PM (03:38:23) Allison Konkle, Public Comment
Wanted to address income for rentals. Return on investments are using them as 2nd homes. The scope
has only been defined in a negative light. If we were to look at the annual tax and it would be beneficial.
The economic impact needed to be looked at with other public comment.
09:41:06 PM (03:42:00) Suzie Hall, Public Comment
Suzie Hall stated that this was the right time to address this issue. Due diligence needed to be taken.
Economic impact needs to be studied. What would be the impact be to ban these homes have on the
businesses. The guests spend their money on the community and the money brought to the community
would go away if vacation rentals were not an option. Adding another layer would cause more
problems. Request the commission do research with the help of the community.
09:45:54 PM (03:46:48) Paul House, Public Comment
Paul House stated that Gallatin county revenue is high in Bozeman. There are some subjected limit to
those houses on the block and the reasons that people bought a home on a lot there needs to be a limit.
When homes get converted they are highly unlikely to go back. A CUP change is not technically enforced
not and simple and clear message that was currently being enforced right now. Find way to keep this
operating as a benefit to the community.
09:49:28 PM (03:50:21) Public Comment Closed
Mayor Taylor closed public comment.
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09:49:36 PM (03:50:30) Discussion
Cr. Krauss talked about zoning and libraries and welfare is very broadly defined and putting aside the
notion that we would put aside the needs and welfare of our neighborhoods was being protected.
Granting the conditional use had to be granted and would like to place a stop for 6 months and then
come back later. Enforcing the current law needs to be enforced. A freeze was suggested, aggressive
enforcement needed to happen as well. Requesting that staff comes back with emergency zoning
needed to happen.
Deputy Mayor Andrus stated that success did not include what should be done in the interim. A stop in
the next 6 months sounded like a good idea. In the big picture, success is a successful process which was
about people sitting together and having a discussion to listen to things, listening to each other was
valuable. The same needs to happen in this case as well. It’s important to make it convenient to, make it
easy for people to know what is needed.
09:59:45 PM (04:00:39) Meeting extended to 10:30PM
Mayor Taylor extended the meeting until 10:30.
10:00:05 PM (04:00:59) Discussion continued
Cr. Pomeroy stated that she saw both side and would like to give more time to staff
Mayor Taylor stated that a motion needs to happen to put everything on hold. The commission needs
to create a comprehensive policy to keep people from flying under the radar until we have a
comprehensive policy. Accountability is important. The city needs to create a complaint system and if
this will work, there needs to be a good complaint system in place. Making it easy to complain is needed
for everyone. The numbers matter and what needs to be known is how can they preserve a sense of
neighborhood. Every system needs to be a part of the inspection. Tax issue needs to be solved. There
needs to be zero tolerance and we need to shut down those that are doing it illegally. We need to
remember what is driving this. Tax fairness and neighborhood nuisance was discussed. Public
engagement was discussed and encouraged as a process. A 6 month time limit was suggested.
10:11:46 PM (04:12:40)
Cr. Mehl supported an interim process and asked that this not go to CAHAB. We are complaint driven.
Would favor a small number cap.
Cr. Krauss wanted to motion that staff review everything and bring it back.
Mayor Taylor stated that we needed a system in place.
10:13:35 PM (04:14:29) Motion to come back with interim zoning based on the need to protect public
safety and welfare and because the use being regulated could be in conflict. RS, R1, R2, AND SMU.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
10:14:17 PM (04:15:11) Vote on the Motion to come back with interim zoning based on the need to
protect public safety and welfare and because the use being regulated could be in conflict. RS, R1, R2,
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AND SMU. Motion passed 5-0.
Commissioner - Jeff Krauss: 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
10:15:16 PM (04:16:10) City Attorney
The City Attorney asked the commission what date in August that they wanted to place this item on a
future agenda.
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.
4. 10:16:02 PM (04:16:56) Provisional Adoption of Ordinance 1954, Amending Section
10 of Ordinance 1922, Inclusionary Housing, to Revise the Effective Dates within the
Contingencies Section of Ordinance 1922, to Extend the Dates by One Calendar Year
(Thomas)
10:16:46 PM (04:17:40) Staff Presentation
Staff gave a presentation on Provisional Adoption of Ordinance 1954, Amending Section 10 of Ordinance
1922, Inclusionary Housing, to Revise the Effective Dates within the Contingencies Section of Ordinance
1922, to Extend the Dates by One Calendar Year. Staff recommendation to expend calendar dates
10:19:17 PM (04:20:11)Questions for Staff
Deputy Mayor Andrus asked what was the criterion for the dates. Staff stated that the season for
building was taken into account.
Cr. Pomeroy asked about the cottage housing ordinance
10:20:29 PM (04:21:23) Public Comment
Mayor Taylor asked if there was public comment
There was none.
Public Comment was closed.
10:20:37 PM (04:21:31) Motion that having reviewed the presented information, considered public
comment, and considered all of the information presented, I hereby move to provisionally adopt
Ordinance 1954, amending Section 10 of Ordinance 1922, Inclusionary Housing, to revise the effective
dates within the contingencies section of Ordinance 1922.
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Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
10:21:14 PM (04:22:08) Discussion
Deputy Mayor Andrus stated that it is reasonable to extend the provisions and understands that this is
needed but was concerned about the time line and hope that homes could be built in less time.
Mayor Taylor thought that the time line was too long and proposed a new time line.
10:23:47 PM (04:24:41) Amendment that If less than 14 (fourteen) affordable homes, as
defined in Section 2 of this Ordinance, are constructed and sold as single household
detached dwellings or townhomes and sold cumulatively throughout the city prior to June
12, 2017 and of these 14 affordable homes no less than four (4) qualify as lower-priced
homes; or
If less than 27 (twenty seven) affordable homes, as defined in Section 2 of this Ordinance,
are constructed and sold as single household detached dwellings or townhomes and sold
cumulatively throughout the city prior to September 12, 2017 and of these 27 affordable
homes no less than seven (7) qualify as lower-priced homes; or
If less than 54 (fifty four) affordable homes, as defined in Section 2 of this Ordinance, are
constructed and sold as single household detached dwellings or townhomes and sold
cumulatively throughout the city prior to October 12, 2018 and of these 54 affordable
homes no less than 12 (twelve) qualify as lower-priced homes.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
10:25:41 PM (04:26:35) Rules of procedure
City Attorney, Greg Sullivan clarified the rules of procedure.
10:26:34 PM (04:27:27) Motion to move to the next meeting action item 4 to next week’s meeting.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
10:27:23 PM (04:28:17) Discussion
City Attorney, Greg Sullivan clarified provisional adoption of this item.
5. 10:28:08 PM (04:29:01) (Re) Appointments to the Downtown Business
Improvement District (BID) Board (Michalson)
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10:28:08 PM (04:29:01) Motion and Vote to (re)appoint Michael Basile to the term expiring June 30,
2020, one new applicant to the existing term expiring June 30, 2017, and appoint one new applicant to
the vacancy that expires June 30, 2020 on the Downtown Business Improvement District Board. Motion
passed 5-0.
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
6. 10:28:29 PM (04:29:23) Appointment to the Library Board of Trustees (Michalson)
*Video and Audio are unavailable after this point.*
10:28:29 PM (04:29:23) Motion and Vote to confirm the Mayoral appointment of Ken Spencer to the
Library Board of Trustees with a term ending June 30, 2021.
Mayor - Carson Taylor: 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
7. 10:29:32 PM (04:30:26) (Re) Appointments to the Beautification Advisory Board
(Michalson)
10:29:32 PM (04:30:26) Discussion
Ursula Neese wanted to be a part of the Bike Board. An amendment was made to appoint all applicants
with the exception of Ursula Neese.
10:29:32 PM (04:30:26) Motion and Vote to (re)appoint Jan Bergman, Ellie Staley, and Terry Quatraro
and new members Ursula Neese and Anne Gage to the Beautification Advisory Board with terms ending
June 30, 2019. Motion passed 5-0.
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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
G. 10:30:50 PM (04:31:43) FYI/Discussion
• Food Trucks timeline for future discussion.
• State land agreed to lease land regarding North Park.
H. 10:31:30 PM (04:32:24) Adjournment
Mayor Taylor Adjourned the meeting at 10:31PM.
______________________________________
Carson Taylor
Mayor
ATTEST:
______________________________________
Robin Crough
City Clerk
PREPARED BY:
______________________________________
Pearl Michalson
Deputy City Clerk
Approved on:_______________________
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Page 1 of 11
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, July 25, 2016
*Audio and video will be out of sync. Timestamps refer to audio recording.*
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Absent
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. 05:59:54 PM (00:01:49) 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. 06:00:02 PM (00:01:57) Pledge of Allegiance and a Moment of Silence
C. 06:01:30 PM (00:03:25) Changes to the Agenda
1. 06:01:34 PM (00:03:29) City Manager Chris Kukulski asked if he could recognize
Community Development Director Wendy Thomas, as this was her last City Commission
meeting before moving to Florida to join her family.
Mayor Taylor expressed his confidence in Director Thomas, and expressed his appreciation.
DM Andrus thanks Director Thomas for her work and wished her the best.
CR Mehl said farewell.
CR Pomeroy thanked her for her compassion for Affordable Housing.
D. 06:05:01 PM (00:06:56) Authorize Absence – Commissioner Krauss
06:05:11 PM (00:07:06) Motion and Vote to authorize the absence of Commissioner Krauss. The
motion passed 4-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Absent
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Page 2 of 11
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
E. 06:05:33 PM (00:07:28) Minutes
1. Approve the Regular Meeting Minutes from April 18, May 9, and July 11, 2016, and User
Access to Linked Minutes
06:05:36 PM (00:07:31) Motion and Vote to approve the regular meeting minutes from April 18, May
9, and July 11, 2016, and user access to linked minutes. The motion passed 4-0.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Absent
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
F. 06:06:00 PM (00:07:55) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the City Manager to Sign the Notice of Award and Purchase Agreement with
CAT Tractor and Equipment for One New Current Model Year 2016 Asphalt Paver (Van
Delinder)
3. Resolution 4703, Approving Change Order Number 1 with CK May Excavating for the
Story Mill Landfill SVE/LFG Project (Hixson)
4. Provisional Adoption of Ordinance 1957, Lot 5 Annie Phase II Subdivision (Formerly
Identified as Fellowship Baptist Church) Zone Map Amendment Changing Zoning on
3.492 Acres from R-3 (Residential Medium Density) District to R-4 (Residential High
Density) District, Location: 1480 North 27th Avenue, Application Z08075 (Owens)
5. Final Adoption of Ordinance 1955, Downtown East Main Zone Map Amendment
Changing Zoning on 24.45 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)
06:06:06 PM (00:08:01) City Manager Overview
City Manager Chris Kukulski provided an overview of Consent Items 1-5.
06:07:22 PM (00:09:17) Public Comment on Consent Items 1-5.
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Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
06:07:38 PM (00:09:33) Motion and Vote to approve Consent Items 1-5 as submitted. The motion
passed 4-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Absent
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
G. 06:07:57 PM (00:09:52) Public Comment
Mayor Taylor opened public comment.
06:09:06 PM (00:11:01) Mack Butler, Public Comment
Mr. Butler spoke in opposition of the Bozeman Hotel CUP on tonight’s agenda. He asked the
Commission to look at the police statements taken on downtown drinking, as there are too many bars
downtown.
06:12:37 PM (00:14:32) Mary Vant Hull, Public Comment
Ms. Vant Hull expressed her sympathy for the Commission in determining the payment for
transportation infrastructure. She suggested the Commission consider other goals besides just fixing the
failing streets, among other goals. If people get riled up they may go to the County to request a gas tax.
06:16:03 PM (00:17:58) Jackie Haines, Public Comment
Ms. Haines, Economic Development Director with HRDC, discussed homeless youth in Gallatin Valley.
She discussed the current service delivery of the program and wanted to bring it to the Commission’s
attention.
06:18:28 PM (00:20:23) Erika Skinger, Public Comment
Ms. Skinger again requested a review of the R-5 section of the Midtown zone change. She no longer
wants to pursue this. Ms. Skinger discussed the UDC rewrite timeline and her hopes the City abides on
the timeline.
06:21:36 PM (00:23:31) Public Comment
Mayor Taylor closed public comment.
H. 06:21:40 PM (00:23:35) Action Items
1. 06:21:46 PM (00:23:41) Continuation of Commission Discussion of Provisional Adoption
of Ordinance 1954, Amending Section 10 of Ordinance 1922, Inclusionary Housing, to
Extend the Effective Dates within the Contingencies Section of Ordinance 1922
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(Thomas)
06:22:07 PM (00:24:02) Procedure
Mayor Taylor clarified that the discussion will be on the original motion and amendment on the table
from July 18, 2016.
06:23:05 PM (00:25:00) Discussion
Mayor Taylor discussed reasonable delays, and his desire to give the program a chance, but that the
original ordinance dates were too far out.
CR Mehl discussed the dramatic change of dates. He suggested November 12, 2017 for ii. to make the
periods more even.
CR Pomeroy asked for clarification on the short period of section two that CR Mehl suggested.
Mayor Taylor further discussed that he was okay with CR Mehl’s suggestion.
CR Pomeroy thought 5 months for 13 more houses was too short.
CR Mehl disagreed and stated it was reasonable.
CR Pomeroy asked what if the difference between 3 and 5 months was significant.
Mayor Taylor expects that the new proposed timeline will work since many houses are already
underway.
06:35:36 PM (00:37:31) Friendly Amendment to the underlying amendment, changing section ii. from
September 12, 2017 to November 12, 2017.
06:36:04 PM (00:37:59) City Attorney Clarification of Procedure
City Attorney Sullivan stated that the friendly amendment can modify the original amendment.
06:36:31 PM (00:38:26) Vote on the amendment, made and seconded on Monday, July 18, 2016, with
the friendly amendment made Monday, July 25, 2016, that i. If less than 14 (fourteen) affordable
homes, as defined in Section 2 of this Ordinance, are constructed and sold as single household
detached dwellings or townhomes and sold cumulatively throughout the city prior to September June
12, 20167 and of these 14 affordable homes no less than four (4) qualify as lower-priced homes; or
ii. If less than 27 (twenty seven) affordable homes, as defined in Section 2 of this Ordinance, are
constructed and sold as single household detached dwellings or townhomes and sold cumulatively
throughout the city prior to June September November 12, 2017 and of these 27 affordable homes no
less than seven (7) qualify as lower-priced homes; or
iii. If less than 54 (fifty four) affordable homes, as defined in Section 2 of this Ordinance, are
constructed and sold as single household detached dwellings or townhomes and sold cumulatively
throughout the city prior to December October 12, 20178 and of these 54 affordable homes no less
than 12 (twelve) qualify as lower-priced homes. The amendment passed 4-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Absent
Mayor - Carson Taylor: Approve
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Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
06:36:54 PM (00:38:49) Discussion on Main Motion
DM Andrus supports the underlying motion since the City has added another incentive and extended
the timeline.
CR Mehl also supports the motion.
CR Pomeroy supports and hopes it works.
Mayor Taylor reiterated that this change is an adaptation to make this program work on a voluntary
basis.
06:39:47 PM (00:41:42) Vote on the Main Motion made and seconded on Monday, July 18, 2016 that
having reviewed the presented information, considered the public comment, and considered all of the
information presented, I hereby move to provisionally adopt Ordinance 1954, amending Section 10 of
Ordinance 1922, Inclusionary Housing, to revise the effective dates within the contingencies section of
Ordinance 1922. The motion passed 4-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Absent
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
2. 06:40:02 PM (00:41:57) Resolution 4701, Suspending the Wetlands Review Board
(Saunders)
06:40:31 PM (00:42:26) Staff Presentation
Community Development Assistant Director Chris Saunders discussed the Commission’s ability to
disband this board. He discussed the technical process required for this board and the difficulty in fully
staffing the board. Staff recommends the WRB be suspended, and that they instead solicit assistance
from professionals in the review process. The standards for wetlands will not change.
06:42:21 PM (00:44:16) Questions of Staff
DM Andrus asked how many reviews per year they may receive in the process.
CM Mehl asked why not do the process like the Engineering Department.
06:44:53 PM (00:46:48) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
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06:45:11 PM (00:47:06) Motion that having considered the draft resolution and considering all
presented materials and public comments, I move to approve Commission Resolution 4701 suspending
the Wetlands Review Board.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
06:45:30 PM (00:47:25) Discussion
CR Pomeroy supports the motion.
CR Mehl also supports the motion as the board requires such expertise.
Mayor Taylor acknowledged that he was the liaison to discuss this, and they couldn’t get a quorum for
that meeting, which is indicative.
06:46:58 PM (00:48:53) Vote on the Motion that having considered the draft resolution and
considering all presented materials and public comments, I move to approve Commission Resolution
4701 suspending the Wetlands Review Board. The motion passed 4-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Absent
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
3. 06:47:12 PM (00:49:07) A Conditional Use Permit (CUP) Application to Allow the Sale of
Alcohol for On-Premise Consumption in the Bozeman Hotel, in Bar and Restaurant
Spaces on the Main Floor and Basement Levels Located at 321 East Main Street (Quasi-
Judicial) (Martin)
06:47:31 PM (00:49:26) Disclosure
DM Andrus disclosed that she has an office in the Bozeman Hotel. She did not participate in his
distributed survey.
CR Mehl disclosed that he has family that works in the hotel, and he has not discussed the item with
them.
06:48:34 PM (00:50:29) Staff Presentation
Community Development Planning Technician Danielle Martin discussed the Conditional Use Permit at
the Bozeman Hotel. She discussed similar projects/processes at the Baxter Hotel Patio and the Market at
Ferguson Farm. She also discussed parking demand will meet calculations, as well as Pub 317’s proposed
floor expansion. There was public comment and DRC recommended approval.
06:53:34 PM (00:55:29) Questions of Staff
DM Andrus asked for clarification about the expansion of the liquor license and the CUP. She also asked
about the parking calculations.
CR Mehl asked about a typo in the presentation for actual parking spaces. He asked what would happen
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if the City needed to revoke the CUP for one of the facilities in the building. City Attorney Sullivan
responded. CR Mehl also asked about the administrative process associated with the potential bead
shop and whether it comes before the Commission. Director Thomas recommends they add a condition
of approval to require a use change come back before the Commission, if desired.
Mayor Taylor asked if a CUP was applied to the bead shop.
07:01:12 PM (01:03:07) Applicant Presentation
Bob Michelles, owner and architect of Hip and Humble architecture, stated his work on the project, and
that he’s here for questions.
07:01:39 PM (01:03:34) Questions of Applicant
CR Mehl asked if the applicant had any questions or concerns about the conditions of the staff report.
He also asked what would happen with the bead shop. John Amsten, owner of the space, stated his
intention is to open the space to the public. CR Mehl discussed the riskiness of a joint CUP.
DM Andrus asked if there was a floor plan for the bead shop.
CR Pomeroy asked for clarification of the floor space.
Mayor Taylor asked what the Conditional Use Permit will say, specifically who the CUP is issued to.
07:12:06 PM (01:14:01) Public Comment
Mayor Taylor opened public comment.
07:12:42 PM (01:14:37) John Amsten, Public Comment
Mr. Amsten owns the real estate of the property, the applicant is tenant. He spoke about the kitchen
plans for the space, and its ability to bring unique vibrancy to the historic building.
07:15:12 PM (01:17:07) Public Comment
Mayor Taylor closed public comment.
07:15:15 PM (01:17:10) Staff Rebuttal
Ms. Martin asked to make a change to the recommended conditions of approval, striking the last line of
condition 5, with the period ending after “…designated use.”
07:16:01 PM (01:17:56) 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 16084 and move to approve the Bozeman Hotel Conditional Use Permit with conditions
and subject to all applicable code provisions.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:16:34 PM (01:18:29) Friendly Amendment that Condition 5, sentence 2 reads in its entirety “said
lease must run with the designated use.”
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
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07:17:14 PM (01:19:09) Questions of Staff / Discussion
CR Mehl wanted to clarify that the on-premise uses predate the City’s requirements, would they be
grandfathered. City Attorney Sullivan clarified. CR Mehl does support the motion and discussed in detail.
DM Andrus also supports the motion and agreed with CR Mehl, because it works in the downtown. She
suggested that at some point the Commission further define a CUP, specifically regarding alcohol or
ADUs so they don’t all fit under one umbrella.
CR Pomeroy discussed that our older buildings should have attention, and this does that.
Mayor Taylor further discussed the risk of the 1 liquor license and CUP, and he supports.
07:27:33 PM (01:29:28) Vote on the Motion as Amended that having reviewed and considered the
application materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 16084 and move to approve the Bozeman Hotel
Conditional Use Permit with conditions and subject to all applicable code provisions. The motion
passed 4-0.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Absent
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
07:28:15 PM (01:30:10) Break
Mayor Taylor called a break until 7:40 PM.
07:40:03 PM (01:41:58) Called to Order
Mayor Taylor called the meeting back to order at 7:40 PM.
Commissioner Jeff Krauss joins via speakerphone.
4. 07:40:33 PM (01:42:28) Transportation Improvements Policy Discussion (Woolard)
07:40:43 PM (01:42:38) Staff Presentation
City Manager Kukulski presented and introduction and context for the issue, and that the brunt of
infrastructure funding is carried on the backs of Bozeman citizens.
Public Works Director Craig Woolard discussed the progress made on the transportation system of the
last few years. He also discussed continued challenges, such as growth, cumulative impacts, and UDC
requirements. He demonstrated the existing level of service for intersections throughout town. Director
Woolard also noted the actions Public Works has done to resolve intersection failures. He also discussed
developer concerns that they have heard. Director Woolard stated his policy recommendation allowing
the Public Works director to waive the Level of Service standard for projects on the 3 year CIP. He also
discussed other policy options for discussion.
08:05:58 PM (02:07:53) Procedural Discussion
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Mayor Taylor discussed his procedural plans for the evening.
08:07:09 PM (02:09:04) Questions of Staff
CR Pomeroy asked about the status of the intersections outside of the peak times, and whether it’s
possible to manage demand. She also asked the City Manager to ask the County to pursue a gas tax. She
also asked if these requirements will stop development.
CR Krauss asked Director Woolard if there are intersections or areas that we don’t hold the developer to
the LOS standard. He also asked the City Attorney if the City has to treat the whole city the same, or is
there room for flexibility. He asked Director Woolard if the City could potentially do a payback district, as
well as clarification for how that program could work.
DM Andrus asked Director Woolard what the impact of having a failing intersection is and what it
means, as well as what was discussed a year ago during a similar discussion. She also asked if a gas tax,
local option tax, or other option would be enough to cover the needed costs. She also asked what
Director Woolard’s proposal of “increased funding” meant.
CR Mehl asked if density was considered in the LOS model. He also asked why bonding was not looked
at in Director Woolard’s options.
Mayor Taylor asked if there is a way to tease out which intersections are unsafe versus delayed. He also
asked for clarification of LOS standards at fully complete intersections.
DM Andrus asked about alternate transportation options and if they would have an impact.
08:45:44 PM (02:47:39) Public Comment
Mayor Taylor opened public comment.
08:45:59 PM (02:47:54) David Keck, Public Comment
Mr. Keck, with the Western Transportation Institute, commended Director Woolard for defining the
problem. The city won’t be able to avoid peak hour rush, but we can look at the relaxed standards.
Demand management can also have an impact.
08:48:54 PM (02:50:49) Dan Alexander, Public Comment
Mr. Alexander stated that he was impressed with the engineers’ work, but also noted how restrictive
the current process can be. He also encouraged that the City work with the community to possibly look
at an SID.
08:51:40 PM (02:53:35) Public Comment
Mayor Taylor closed public comment.
08:51:43 PM (02:53:38) Discussion
CR Krauss noted how dependent we are on other legislative bodies to make funding changes. The City
has accepted that some intersection LOS are waived, and he endorses that idea, but the City needs to
define what those relaxed areas are. The City should also utilize paybacks/SIDs to some extent. He
stated the City does need to charge development.
DM Andrus stated that she liked the idea of adjusting LOS to different areas of the community. She is
not partial to the cash-in-lieu proposal, but is okay with SIDs. She hopes the City works hard to try to get
alternate tax options, even though it is out of the City’s hands. She also supports the bonding issue if she
knew more.
CR Pomeroy stated that she wants to figure out ways to reduce peak demand. She also thinks we need
more funds from tax options.
CR Mehl assured the viewing citizenry that the Commission has been pushing for alternate tax options.
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He is also in favor of reducing demand. He mentioned common themes that a number of Commissioners
wanted to look at further. He added the need for the existing definition of LOS standards. Cash-in-lieu is
a bandaid, but it might be a necessary bandaid. He’d also like to look at a bond and paybacks. He
stressed that he’d like to hear more about these in November/December, or an update in October with
a heads up.
Mayor Taylor agreed that the City should codify the things that have so far helped. We may need to
look at the CIP more closely. By and large, this all comes down to safety and equality. He would like to
see the City develop a standard that has a combination of warrants, density, and delay. If we can
equalize payment by tax structures from landowners to users, that would be great, and we need to work
on that, but we can’t rely on it. Cash-in-lieu, payback districts, and SIDs are all potential ways to create
fair funding. He stated he likes bonding, preferred that it is not an additional tax burden. There may be
development that gets slowed, and that developer may just need to wait.
Director Woolard stated it is still not entirely clear what to do in the immediate future.
09:18:35 PM (03:20:30) Questions of Staff / Discussion
DM Andrus asked what the impact of enforcing the code today would mean to development.
CR Mehl expressed that he did not perceive the urgency stated by Director Woolard.
Mayor Taylor asked what else the Commission can do without a better idea from staff.
CR Krauss stated the CIP has been reactive, and the criterion used by Public Works for adjustments is
not clear to the Commission. The policy we have IS policy.
Director Woolard stated that this year’s CIP was the first to be more visionary than reactionary, and that
is critical to long-term success.
DM Andrus stated her direction is to adhere to the UDC as written, tomorrow.
CR Mehl was hesitant about the level of ad hoc.
CR Pomeroy stated that she didn’t see a lot of options, so is there flexibility with the rules at all? She
also reiterated to continue pursuing demand management.
Mayor Taylor affirmed that tonight’s direction is ambiguous. Enforce the rules but be somewhat
flexible. When in doubt, default to the rules, which may inform the Commission.
DM Andrus thanked Director Woolard for further requesting an answer.
CR Krauss reiterated that if staff wants a policy decision, put it on an agenda.
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.
I. 09:39:54 PM (03:41:49) FYI/Discussion
1. CR Krauss let the Mayor and City Manager know that he may need to participate
remotely for another session or so, and thanked everyone for that flexibility.
2. Mayor Taylor mentioned a complaint that he received about the City’s hiring policy.
J. 09:42:14 PM (03:44:09) Adjournment
Mayor Taylor adjourned the meeting at 9:42 PM.
___________________________________
Carson Taylor
Mayor
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ATTEST:
___________________________________
Robin Crough, MPA
City Clerk
PREPARED BY:
___________________________________
Robin Crough, MPA
City Clerk
Approved on: ___________________________________
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Page 1 of 8
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, August 01, 2016
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Absent
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - I-Ho Pomeroy: Present
City Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan, City Clerk Robin Crough
A. 05:59:09 PM (00:00:47) 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. 05:59:15 PM (00:00:53) Pledge of Allegiance and a Moment of Silence
C. 06:00:19 PM (00:01:57) Changes to the Agenda
1. 06:00:24 PM (00:02:02) Mayoral Proclamation
Mayor Taylor stated that he would have a Mayoral Proclamation after the authorization of
Commissioner Krauss’s absence.
D. 06:00:34 PM (00:02:12) Authorize Absence – Commissioner Krauss
06:00:33 PM (00:02:11) Motion and Vote to authorize the absence of Commissioner Krauss. The
motion passed 4-0.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Absent
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
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06:00:57 PM (00:02:35) Streamline Bus Proclamation
Mayor Taylor announced a Mayoral Proclamation, proclaiming the community’s appreciation of HRDC’s
Streamline and declaring August 2016 as Streamline Appreciation Month.
06:03:15 PM (00:04:53) David Kack, Proclamation Recipient
Mr. Kack, Chairman of HRDC Board of Directors spoke of the Streamline bus system, and thanked the
City as well as other partners.
E. 06:05:19 PM (00:06:57) 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 June 30,
2016 (Clark)
3. Find Apparent Low Bid Submitted by EDK Engineering and Contracting, Inc. Not Responsible
and Authorize the City Manager to Sign the Notice of Award to DLM Contracting, Inc. for the
South University Area Sewer Main Interceptor Project (Murray)
4. Authorize the City Manager to Sign Task Orders 9 and 10 to the Professional Services
Agreement with Dowl-HKM for Right of Way Acquisition Services (Hixson)
5. Ratify the Signature of the City Manager on the Professional Services Agreement with GovHR
for Executive Recruiting Services (Jorgenson)
6. Final Adoption of Ordinance 1953, the Simmental Zone Map Amendment Rezoning an Existing
7.406 Acre Tract Located at 1 Simmental Way from M-1, Light Manufacturing District, to B-2,
Community Business District, Application 16026 (WerBell)
06:05:29 PM (00:07:07) City Manager Overview
City Manager Chris Kukulski gave an overview of Consent Items 1-6.
06:06:49 PM (00:08:27) Public Comment on Consent Items 1-6.
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
06:07:14 PM (00:08:52) Motion and Vote to approve Consent Items 1-6 as submitted. The motion
passed 4-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Absent
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
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F. 06:12:32 PM (00:14:10) Items Acted Upon Without Prior Unanimous Vote
1. 06:12:40 PM (00:14:18) Approve the Cattail Properties Major Subdivision Final Plat and
Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman,
Application 16-211 (Rogers)
06:12:58 PM (00:14:36) Staff Presentation
City Manager Kukulski stated that this item did not have a unanimous vote when it was last before the
Commission.
06:13:20 PM (00:14:58) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
06:13:30 PM (00:15:08) Motion that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the memo for
application 16-211 and move to approve the Cattail Properties Major Subdivision final plat
application.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
06:13:51 PM (00:15:29) Discussion
CR Mehl stated that this was from a year ago, so it is time to approve.
06:14:03 PM (00:15:41) 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 memo for application 16-211 and move to approve the Cattail Properties Major Subdivision final
plat application. The motion passed 4-0.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Absent
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
G. 06:07:38 PM (00:09:16) Public Comment
Mayor Taylor opened public comment.
06:08:51 PM (00:10:29) Sahara Debi, Public Comment
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Ms. Debi discussed a “We Share the Road” campaign that she was involved with in 1993. She is currently
involved with the Police Department on the hands-free cell ordinance in the city. They are aiming for the
end of August for the campaign. Ms. Desi came to the Commission to request $2175.00 for an additional
newspaper campaign.
06:12:28 PM (00:14:06) Public Comment
Mayor Taylor closed public comment.
H. 06:14:17 PM (00:15:55) Action Items
1. 06:14:21 PM (00:15:59) Recommended Policies for Mobile Vendors (Kukulski/Saunders)
06:14:31 PM (00:16:09) Staff Presentation
City Manager Kukulski noted that this is a continued discussion from the July 11, 2016 Commission
discussion. Packet materials are essentially the same with the addition of some documents distributed
at a recent stakeholder meeting.
06:16:19 PM (00:17:57) Discussion of Procedure
06:16:43 PM (00:18:21) Disclosure
DM Andrus disclosed that she owns a building with four other partners. The business entity rents space
to a mobile vendor. This does not affect her judgment in this matter.
06:17:35 PM (00:19:13) Questions of Staff
Mayor Taylor asked what kinds of requirements exist for brick and mortar establishments vs. mobile
vendors. Interim Community Development Director Chris Saunders responded.
CR Mehl asked for clarification on the date of the Chamber meeting, as well as whether there are actual
recommendations for the Commission.
DM Andrus asked ICDD Saunders for further detail about fees. She also asked about parking constraints
caused by mobile vending, and fire access within a private lot.
CR Pomeroy asked about public health constraints, as well as the taxing authority and contributions to
the Downtown Association.
DM Andrus asked about any public health complaints the City has received regarding mobile vending.
She also asked if the Planning Department has met with the various groups as well.
06:35:17 PM (00:36:55) Public Comment
Mayor Taylor opened public comment.
06:35:47 PM (00:37:25) Krista Blaskie, Public Comment
Ms. Blaskie is a Bozeman native, homeowner, volunteer, and entrepreneur. She asked that the City
assess higher fees, but that they be determined fairly. She also asked that mobile vendors be a member
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of the DBA. Overall, it is a self-regulating field.
06:37:46 PM (00:39:24) Nate Harris, Public Comment
Mr. Harris agrees with the previous comment. Reasonable fees should be assessed. There is adequate
parking in the garage, trucks already have signage, noise is negligible compared to general downtown
operations, and lighting isn’t extravagant. Food trucks feed bar patrons, so the time should be extended.
They should have access to Main Street, and be a part of the DBA. They should absolutely apply for a
license and go through health inspections.
06:40:25 PM (00:42:03) Chris Naumann, Public Comment
Mr. Naumann, Executive Director of the Downtown Bozeman Partnership, clarified that the DBA’s board
decides the DBA’s membership criteria. Many of the DBA’s functions are funded by DBID property
owners, not fees. He stated that staff should consider a generator specification that was omitted in the
staff memo. He also discussed the proposed hours of 9 PM – 2 AM, and that many downtown
establishments serve food into that time period. Mr. Naumann also discussed that MDT has not been
consulted over this issue, and they should be.
06:44:19 PM (00:45:57) Keith Robbins, Public Comment
Mr. Robbins discussed the DBA’s dues that he pays. The policies proposed are very protectionist. The
recommendations seriously affect mobile vendor’s business model. They contribute to this community,
and want to participate in the process. He also requested that any policy be pushed off to the end of the
season.
06:48:12 PM (00:49:50) Daryl Schliem, Public Comment
Mr. Schliem, the President/CEO of the Bozeman Chamber of Commerce spoke of facilitating another
meeting. He also asked the Commission for more time to have a robust discussion. This is a community-
wide issue, not just a downtown issue. There is a wide variety of mobile vending. He wants to work with
the 60% of businesses that want to work together to come to a mutual agreement.
06:51:08 PM (00:52:46) Nick Brice, Public Comment
Mr. Brice, owner of Rendezvous food truck, stated that he supported recommendation number three,
which involves more research. He also stated that the best practices might not be completely relevant to
Bozeman and its unique environment. There should be more input from the food vendors. These
recommendations are designed for downtown, but this policy should be looked at city-wide, the DBA
represents a very small group.
06:54:25 PM (00:56:03) Otto Pohl, Public Comment
Mr. Pohl came to discuss short-term rentals.
06:54:38 PM (00:56:16) Point of Order
Mayor Taylor informed Mr. Pohl that this was not an allowed time for general public comment.
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06:55:14 PM (00:56:52) Emily Pearson, Public Comment
Ms. Pearson, owner of Sauce food truck, discussed the issue of fairness. She chose a business model that
comes with many limitations, but it was her choice. Food trucks provide diversity that the public wants.
She does support regulations, but a ban does not sit right with her. It would be a fairness issue, not a
health and safety issue. She loves living and serving in Bozeman, and wants to work together.
06:58:36 PM (01:00:14) Seth Ward, Public Comment
Mr. Ward, owner of Sweet Pea Bakery, spoke of opportunity and he welcomes any competition and
supports mobile vending.
06:59:18 PM (01:00:56) Tyler Schuman, Public Comment
Mr. Schuman, owner of Mo’s Original BBQ, would be seriously affected by additional regulations. He
also asked to push the discussion off so that more discussion can happen with mobile vendors. He wants
to be a part of the community, and these regulations may push him out. Everyone that has invested in
this community wants to be here, and wants to have a say in the issue.
07:02:18 PM (01:03:56) Public Comment
Mayor Taylor closed public comment.
07:02:21 PM (01:03:59) Discussion
DM Andrus discussed that the Commission sets priorities, and this is being discussed now because of
the Commission’s discretion. This issue is before them today because the proposed discussion HASN’T
happened, even though this isn’t a new issue. She does not want this to still be an issue next summer.
Mobile vending is popular downtown because work has been put into making downtown great. She
reiterated that she wished this was a decision made by business owners.
CR Pomeroy thanked Daryl Schliem for his work to create an agreement between the two parties. She
wants to give businesses more time to come to an agreement.
Mayor Taylor always prefers a decision that gets worked out between parties, but that does not mean
he will accept what they determine. He discussed entrepreneurialism, and that diverse business models
matter, and change happens. He is not approaching this from a perspective of protecting downtown
business, but he does want to respect competition and limitations of different business models. The
fundamental issue is that the City provides streets and sidewalks, and the downtown TIF and DBA pay
money to create a desirable downtown, and how can that be equalized. He also discussed parking. He
agreed with the comment to relate fees to impact. He also discussed that noise regulations should be
considered. He agreed that he doesn’t expect a solution by the end of the summer season, but there
should be something before the spring of 2017.
CR Mehl agreed that the Commission sets priorities, and this timing is intentional. There needs to be a
deadline, and this needs to come before the Commission again. He urged a deadline of Thanksgiving for
an agreement, Commission discussion in December, which gives time to craft in early 2017. He agreed
with DM Andrus that the Commission can help with the final pieces that cannot be agreed upon. He also
encouraged the group to have a City staff member present. He also encouraged starting with the
Chamber’s list.
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Mayor Taylor expressed concern that a Thanksgiving deadline might be too late. He instead proposed
November 1st.
DM Andrus stated that she really wants to see this done by the end of the year, preferably October.
CR Mehl did not agree with the DM that her timeline would be feasible for mobile vendors. If we’re
going to give them time, give them time.
Mayor Taylor discussed the timeline further. He urged the group to either get it done, or decide they
can’t do it.
DM Andrus asked the City Manager to confirm the timeline. He confirmed that the beginning of the year
will have a first read. She followed up with who would coordinate the communication and collaboration.
CM Mehl felt that it would work best if the City actually took a step back and just be there as a resource.
Mayor Taylor agreed that his understanding was that the City should not be the leader in this process,
but a resource. He also wanted to make it clear that a specified location is not off the table.
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.
2. 07:38:30 PM (01:40:08) (Re) Appointment to the Northeast Urban Renewal Board
(Michalson)
07:38:47 PM (01:40:25) Discussion
Mayor Taylor asked the City Attorney who makes this decision, since this board is unclear. City Attorney
Sullivan thought it would appropriate to modify the Municipal Code.
07:40:09 PM (01:41:47) Motion to appoint Bobbi Clem to the voting-member-at-large position with an
updated term expiring July 31, 2020 on the Northeast Urban Renewal Board.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
07:40:29 PM (01:42:07) Discussion
Mayor Taylor noted that this board has been relatively static for the last 10 years. He thanked the
outgoing board member.
07:42:31 PM (01:44:09) Vote on the Motion to appoint Bobbi Clem to the voting-member-at-large
position with an updated term expiring July 31, 2020 on the Northeast Urban Renewal Board. The
motion passed 4-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Absent
Mayor - Carson Taylor: Approve
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Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
I. 07:42:48 PM (01:44:26) FYI/Discussion
1. City Manager Kukulski received a public comment after the open period this evening that
will be distributed.
2. CR Mehl also briefly spoke with the gentleman that came late to speak of short-term rentals.
3. CR Mehl also discussed the earlier public comment concerning the police’s hands free
campaign. City Manager Kukulski also assured the citizen that he would speak with the chief.
4. CR Pomeroy let the Commission know that she will be absent next Monday.
J. 07:46:01 PM (01:47:39) Adjournment
Mayor Taylor adjourned the meeting at 7:47 PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough, MPA
City Clerk
PREPARED BY:
___________________________________
Robin Crough, MPA
City Clerk
Approved on: ___________________________________
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