HomeMy WebLinkAbout09-12-16 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 August 8, August 11, August 15, and August 22, 2016, and User Access to Linked
Minutes.
MEETING DATE: September 12, 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 August 8, 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 11, 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 15, 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 22, 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 August 8, August 11, August 15, and August 22, 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 30, 2016
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Page 1 of 14
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, August 08, 2016
Commissioner - Jeff Krauss: Present
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Absent
Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan, Interim Community
Development Director, Chris Saunders and Deputy City Clerk Pearl Michalson
A. 06:00:17 PM (00:01:05) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:00PM.
B. 06:00:17 PM (00:01:06) Pledge of Allegiance and a Moment of Silence
C. 06:01:38 PM (00:02:26)Changes to the Agenda
Public Safety Awards will be presented by both Mayor Taylor and Fire Chief Josh Waldo.
D. 06:01:58 PM (00:02:47) Authorize Absence - Commissioner Pomeroy
Motion and Vote to approve the absence of Commissioner I-Ho Pomeroy. The motion passed 4-0.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Absent
E. 06:03:07 PM (00:03:55) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
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2. Approval of Depository Bonds and Pledged Securities as of June 30, 2016 (Clark)
3. Authorize the City Manager to Sign the Notice of Award to Big Sky Asphalt Inc. for the 2016
City Shops Paving Project (Gamradt)
4. Authorize the City Manager to Sign Amendment Number 1 to the Professional Services
Agreement with Allied Engineering for the Bozeman Pond Park Expansion TOP Bond Project
(Poissant)
5. Authorize the City Manager to Sign Task Order Number 1 with Sanderson Stewart for
Engineering and Design of Infrastructure Projects in the Midtown Urban Renewal District
(Fine)
6. Authorize the City Manager to Sign Task Order Number 2 with DOWL, LLC for the Bozeman
Sports Park TOP Bond Project (Poissant)
7. Authorize the City Manager to Sign the Public Use Easement with Rooted Investments, Inc. at
North 27th Avenue for Roadway Improvements (Murray)
8. Resolution 4711, a Resolution of Intent to Create a Special Improvement Lighting District
Number 732 for Pine Meadows Subdivision (Neibauer/Clark)
9. Final Adoption of Ordinance 1954, Amending Section 10 of Ordinance 1922, Inclusionary
Housing, to Extend the Effective Dates within the Contingencies Section of Ordinance 1922
(Rice)
10. Final 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)
11. Adoption of the 2016 Gallatin County Emergency Management Plan (Waldo)
12. Continuance of the Public Hearing on Application 15439, the Sundance Apartments
Conditional Use Permit and Site Plan from August 8, 2016 to August 15, 2016 (Rogers)
06:02:14 PM (00:03:03) City Manager, Chris Kukulski gave a brief overview of items 1-12 on Consent.
06:04:45 PM (00:05:33) Public Comment for Consent
Mayor Taylor opened public comment on consent items 1-12.
06:05:00 PM (00:05:48) Motion and Vote to approve Consent Items 1-12 as submitted. The motion
passed 4-0.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Absent
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F. 06:05:27 PM (00:06:15) Public Comment
Mayor Taylor opened public comment.
06:06:19 PM (00:07:07) Molly Yarnell, Public Comment
Provided data on vacation rentals and stated that she got rid of duplicates and also only looked at
what was in Bozeman and gave a breakdown of exactly how many vacation rentals within the city
limits at the city commission meeting.
06:09:07 PM (00:09:55) Robert Daugherty, Public Comment
Talked about the memorandum for this ordinance on vacation rentals and looked at the police reports
for vacation rentals in the city. A moratorium was discussed as well as the detailed outlines for why a
moratorium would be needed.
06:12:35 PM (00:13:23)Richard Martell, Public Comment
Mr. Martell stated that VRBO’s made him feel disappointed and stated that that before the city started
to impose rules on this issue additional information was needed. Making decisions based on more
facts was requested and suggested.
06:14:52 PM (00:15:40) Reno Walsh, Public Comment
Mr. Walsh has submitted an application for a CUP (Conditional Use Permit) and stated that he did
everything right per the rules and regulations that the city had set forth and stated that he hoped that
the commission considered his CUP in the next week.
06:17:12 PM (00:18:01) Craig Gage, Public Comment
Mr. Gage stated that he didn’t know why the city was creating a budget for tree assessments and
asked for clarification.
06:18:02 PM (00:18:50) Carisa Fisher, Public Comment
Ms. Fisher talked about submitting a letter to the chronicle and the commission about the long term
vacation rentals and the impacts that it caused from the people that come to the city as a tourist. An
inquiry as to why research had not been done previously was asked as well as and put into place
about the long term vacation rental issue.
06:20:35 PM (00:21:23) Laura Grochowski, Public Comment
Laura stated that she would be happy to be on an advisory board to address the issues of vacation
homes and supports the consideration.
06:21:56 PM (00:22:44)Chuck Fisher, Public Comment
Chuck stated that he would like to point out that in the idea of Bozeman growing was an
opportunity to enjoy what Bozeman has to offer. With preserving our neighborhoods, it’s not
happening.
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06:23:59 PM (00:24:47)Public Comment Closed
Mayor Taylor closed Public Comment.
G. 06:24:11 PM (00:24:59) Special Presentations
1. 06:24:17 PM (00:25:05) Center for Public Safety Excellence Professional Designations (Waldo)
Chief Waldo and Mayor Taylor presented the four firefighters awards for Public Safety and
Excellence in Professional Designations.
2. 06:28:54 PM (00:29:42) Strategic Plan Update from HDR (Kukulski / HDR)
City Manager, Chris Kukulski introduced Doug Zenn and Cassie Davis from the consulting firm HDR
and talked about the fiscal year budget for the strategic plan. Community events and involvement
had been strongly encouraged. The overall community vision was discussed as well.
Doug and Cassie gave a presentation on the Bozeman Strategic Plan. A community vision project
overview was discussed particularly to answer what the cities role would be in moving these
visions forward. Community input was the largest part of the overall strategic plan process.
Cassie Davis talked about community engagement in order to answer community questions. Over
600 hundred community members responded to the online surveys about the vision and the
process. The citizens have been very happy about the ability to engage in the process.
Conversation areas that were discussed were city plan planning, engaged community, sustainable
environment, innovative economy, safe, healthy people, education, creativity and culture was
discussed. The next steps would be foundation building, vision development and strategic
planning.
06:43:30 PM (00:44:18) Questions for Applicant
Mayor Taylor asked if there were questions for the applicant / consultants and there were none.
H. 06:43:48 PM (00:44:36) Action Items
1. 06:43:55 PM (00:44:43) Resolution 4704, Establishing a Tree Maintenance District
Assessments for Fiscal Year 2017 (Neibauer / Clark)
06:44:15 PM (00:45:03) Staff Presentation
Commissioner Krauss recused himself due to a relative that worked for the forestry department. Financial
Director Anna Rosenberry stated that this would be a 25% increase are approximately 21.60 for the
average resident for the year. This year’s budget supported the new urban forestry department. Other
capital costs were discussed.
06:46:54 PM (00:47:42) Questions of Staff
Cr. Mehl asked Director Rosenberry to breakdown the cost per average size lot
$4.57 for the year for 15k square feet 43.20 for 9.15/yr. All districts except for RO and residential mixed
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use, there is a cap of 15k square feet.
DM Andrus asked about criteria and if it changed every year to which staff clarified to state that every
year a budget is established for the forestry division to pay, cash carry over is also considered. This
district was created under a special improvement district and every year an annual budget happens to
establish charges.
Mayor Taylor asked if this was the last piece of the budgeting process and asked if the emerald ash
borer that prompted the increase this year
Mitch Overton stated that updating the urban management plan was a major component of this. Ash
tree epidemic had contributed to the increase of the fees. There is not a replacement for Ash trees right
now.
06:53:33 PM (00:54:22) Public Comment
Mayor Taylor opened public comment.
06:53:42 PM (00:54:30) Sheraton Beach, Public Comment
Was not clear about the costs for the commercial business notice and she wanted to know what that
cost were.
06:54:41 PM (00:55:29) Mira Lane, Public Comment
Mira stated that the increase was a hardship and she cannot afford to pay this and any way to alleviate
this would be appreciated.
06:56:39 PM (00:57:27) Carissa Fisher, Public Comment
Ms. Fisher would like to see the city show a more proactive effort in doing maintenance of the trees.
06:57:47 PM (00:58:35) Public Comment Closed
Mayor Taylor closed public comment.
06:57:52 PM (00:58:40) Response from staff
Commercial property rate goes up 25% and the assessment is based on the lot square footage and not
the building.
06:58:54 PM (00:59:42) Discussion
Cr. Mehl stated that business considerations were taken into consideration when the assessment rate is
adopted.
06:59:19 PM (01:00:07) Motion to adopt Resolution 4704, establishing a Tree Maintenance District
Assessment for Fiscal Year 2016, making the assessment rate $0.00288 per assessable square foot.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
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06:59:52 PM (01:00:40) Discussion
DM Andrus stated that it was important that we look at protecting our forest and addressed the taxes.
The commission was aware of the cost hardships and hoped in the future that the commission could
find a solution that would reduce the cost.
Cr. Mehl stated that the percentage increase impacted the entire budget and was aware of the
comments that were made. Working with state legislature had been happening in order to find some
type of tourist tax. The process of that was discussed in detail.
Mayor Taylor stated that there was state statute to give relief to those that were on fixed income to
help relieve some of the burden of those that were having trouble paying.
07:07:21 PM (01:08:09) Vote to adopt Resolution 4704, establishing a Tree Maintenance District
Assessment for Fiscal Year 2016, making the assessment rate $0.00288 per assessable square foot. The
motion passed 3-0 with one abstention.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Abstain
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Absent
2. 07:07:33 PM (01:08:21) Resolution 4705, Establishing a 15% Increase to Street Maintenance
District Assessments for Fiscal Year 2017 (Neibauer / Clark)
07:07:54 PM (01:08:42) Staff Presentation
Director Anna Rosenberry gave a brief presentation on the street maintenance funds and the increase to
the street maintenance district assessments for fiscal year 2017.
07:09:21 PM (01:10:10) Questions of Staff
DM Andrus asked if this assessment was different from the arterial and collector in terms of how the
money can be spent to which staff responded in detail.
07:10:26 PM (01:11:14) Public Comment
Mayor Taylor opened public comment
There was no public comment
Public Comment was closed.
07:10:37 PM (01:11:25) Motion to approve Resolution 4705, which includes a 15% increase to Street
Maintenance District Assessments for Fiscal Year 2017.
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Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
07:10:52 PM (01:11:41) Discussion
Cr. Krauss stated that the city should pay as they go with street maintenance what we use and that then
those increases would be more beneficial. The city had neglected to maintain the streets over the years
and the city was trying to get back to that maintenance.
Cr. Mehl said that the city was asking themselves and the community to help with fixing the street areas
that needed to be fixed.
DM Andrus stated that it was important to remember that the commission looked carefully at these
assessments and we needed to continue to maintain these streets that we do use.
Mayor Taylor stated that the goal was to take care of them (streets) as we go along.
07:16:38 PM (01:17:26) Vote to approve Resolution 4705, which includes a 15% increase to Street
Maintenance District Assessments for Fiscal Year 2017. The motion passed 4-0.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Absent
3. 07:16:50 PM (01:17:38) Resolution 4706, Establishing a 90% Increase to Arterial and Collector
Street Maintenance District Assessments for Fiscal Year 2017 (Neibauer / Clark)
07:17:07 PM (01:17:55) Staff Presentation
Financial Director Anna Rosenberry stated that this was a newly created district last year over a two year
period to total 2 million over the three year period. The average annual residential 7500sqft lot is an
increase of 42 dollars over the last year. This year’s project include Baxter road, Ferguson and Durston
intersection and funding from impact fees helped to get projects built sooner in a more systematic way.
07:19:17 PM (01:20:05) Questions of Staff
Mayor Taylor asked if there were any questions of staff.
There were no questions of staff.
07:19:22 PM (01:20:10) Public Comment
Mayor Taylor asked if there was any public comment
There was no public comment
Public comment was closed.
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07:19:30 PM (01:20:18) Motion to approve Resolution 4706, which includes a 90% increase to Arterial
and Collector Street Maintenance District Assessments for Fiscal Year 2017.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:19:53 PM (01:20:41) Discussion
Cr. Mehl stated that the commission was trying to address the issues in the transportation area.
DM Andrus stated that this was a part of a three year plan we have a need for this fund, to grow.
Cr. Krauss stated in the mid 90’s we did a study that found we had 45million dollars worth of problems
we needed to fix and only passed a 5 million dollar bond. Ignoring the problem didn’t help. Impact fee
money was matched with this local share. What we are trying to do is incentivize investment and growth
in the city next to employers in the downtown. We have a lot of roads that needed to be fixed and this is
the answer we have to pay for our share. Incentivizing would help the city save money and cut down on
the cost in the future.
07:25:22 PM (01:26:11) Vote to approve Resolution 4706, which includes a 90% increase to Arterial
and Collector Street Maintenance District Assessments for Fiscal Year 2017. The motion passed 4-0.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Absent
07:25:43 PM (01:26:31) Commission Meeting Recess
Mayor Taylor called for a commission recess until 25 min to 8 to return.
07:37:31 PM (01:38:19) Meeting called back to order
Mayor Taylor called the meeting back to order at 07:37 PM.
4. 07:37:43 PM (01:38:32) Adoption of Ordinance 1958, an Interim Zoning Ordinance Removing
Extended Stay Lodgings and Short Term Rentals as a Conditional Use in R-1, R-2, R-S, and
NEHMU Zoning Districts for a Period of Six Months (Saunders / Sullivan)
07:38:08 PM (01:38:56) Staff Presentation
City Attorney, Greg Sullivan gave a presentation on the adoption of Ordinance 1958, the authority about
the way and interim ordinance works and a walk through the structure of the ordinance was given. State
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law provided authority for the commission to adopt interim zoning, (Title 76, chapter 2, part 3 of the
Montana Code) which must be based on the need to protect public health, safety and general welfare. It
can prohibit any use in direct conflict with a contemplated zoning proposal that the commission would be
currently studying or intended to study. Within a reasonable time, and would take effect upon passage
(immediately). Notice of this hearing was posted on August first.
Any protest filed must be considered on the adoption of this ordinance. A simple majority vote was
required should the commission adopt this, in effect of a period of six months. Under state law this could
be extended to 1 year (super majority vote would be required) with a limitation per state law of no more
than 2 extensions, section 2 of the ordinance would repeal and extend authorization for short term
lodging for the period of 6 months. If nothing happens in six months, the use would come back into affect
the areas on the map that was red, green, brown and beige that would be affected by this ordinance.
Section 3 of the ordinance (required by state law) creates the process to create the study by directive of
the city manager to implement a process and come back to the commission with recommendations on
how to handle these uses in these zoning districts in the long run. This does not affect permits previously
approved via CUP by the commission. Additionally, if a short term rental was currently in violation of the
Municode, nothing in Ordinance states that is was okay to continue being in violation. If an interim
ordinance goes into effect, the use had to be approved by the city. The state stated that the regulation in
completion does not matter but it matters if the use was permitted prior to the interim ordinance.
07:44:47 PM (01:45:35) Questions for Staff
Cr. Krauss asked for clarification of the zoning districts and where can you get permitted for a vacation
rental and asked for clarification of where a person would be out of compliance.
Chris Saunders gave a breakdown of what areas in Bozeman that a person could come down and apply
for a CUP and get approved.
DM Andrus stated that they are not making any decisions just halting the applications coming in. City
Attorney, Greg Sullivan stated that they were repealing the ability for people to come in to get a CUP, but
no new uses could be granted during the interim period.
Cr. Mehl asked about the total number of applications already in process for getting a CUP.
City Attorney Greg Sullivan stated that violations of not having a CUP per the UDC would be prosecuted
as misdemeanors or citied as municipal infractions.
Mayor Taylor asked if the ordinance changed the enforcement systems or methodologies that the city
currently used to which the city attorney stated no. Limitations were asked about and discussed.
07:51:44 PM (01:52:32) Public Comment
Mayor Taylor asked for public comment
07:51:51 PM (01:52:39) Robert Black, Public Comment
Asked about a CUP and stated that his memorandum stated that all rentals were not alike and that short
term occupied rentals need to be considered because not all people who rent short term rentals are alike.
07:56:32 PM (01:57:20) Vicky Davis, Public Comment
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Stated that her absentee rentals were causing problems in her neighborhood and public safety there had
never been a problem with parties or people who created problems and that she was a good landlord.
Once rentals have been brought up and that there is flood of new people
08:00:00 PM (02:00:48) Mary Ann Martell, Public Comment
Stated that short term rentals for study had not been defined yet and there was nit any clarity in what the
commission declared as a short term rental. The process that another town went through to study short
terms rentals and that the commission needs to do more research and that these communities that were
doing these as best practices and believes that as a community that short term rentals needed to be
defined by the commission
08:03:02 PM (02:03:50) Ronald Ray, Public Comment
Mr. Ray stated that he was in support of this motion in order for the commission to get the information
that they needed in a calm environment and weigh all the pros and cons of approving this temporary stay.
08:04:56 PM (02:05:44) Kathy Powell, Public Comment
Stated that she is the president of the neighbors association and encouraged the commission to look at
all of these things as thanked the commission for rec0onizing and looking at this issue in order to begin
the conversation of this issue. Demand was important but should not be the main driver and encouraged
the commission to adopt the interim rule to look at this whole issue and that this would take a lot of time.
08:07:11 PM (02:07:59) Maralie Brown, Public Comment
She chose to move here because it reminded her of where she grew up with. She called a year ago to get
a permit and that she did not need one. Now she needed a business license and health inspection but that
a rental unit was not required to go through those same requirements. She was confused about the need
for different permits.
08:10:50 PM (02:11:38) Richard Martell, Public Comment
Asked if the basis for the ordinance was for safety concerns and if at the end of the study that comparing
long and short term rentals have more issue, would they then considering banning
08:12:02 PM (02:12:50)Public Comment Closed
Mayor Taylor closed public comment.
08:12:10 PM (02:12:58) Questions of Staff
DM Andrus asked about permits and licensing in zone clarification.
Chris Saunders stated that there was a difference between business licenses and zone license were
differences. Extended stay and long term rentals were discussed in detail
DM Andrus asked what happened if a guest is staying and they are not paying or the host is paying the
person they would not need a permit.
08:15:58 PM (02:16:47) Motion that having conducted a public hearing, and considered public testimony
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and any protest, I hereby move to adopt Ordinance 1958 repealing and suspending extended stay
lodging and other similar uses such as short term and vacation rentals as a conditional use in R-1, R-2,
R-S and NEHMU zoning districts for a period of six months or until such time as the City completes its
study and acts to amend the municipal code or reinstate the conditional use.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Jeff Krauss: 2nd
08:17:14 PM (02:18:02) Point of Order
Cr. Mehl made a point of order to make a friendly amendment to add additional language to the original
motion.
08:17:28 PM (02:18:16) Friendly Amendment to the Original motion to add:
Notwithstanding the foregoing, this ordinance does not apply to conditional use permit applications
received and determined by the City to adequate for review pursuant to 38.19.090.D, BMC, prior to
the effective date of this ordinance.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Jeff Krauss: 2nd
08:18:15 PM (02:19:03) Discussion
DM Andrus stated that continuing to permit short term rentals during the trial period would have a
detrimental effect, because it alters the neighborhood over the long term and taking a pause would help
them better get more information.
Cr. Krauss stated that we are not accepting permits in the areas that require them until they study
everything and consider all the data while they try to figure out how to apply the code.
Cr. Mehl stated that he appreciated and understood the livelihoods that were affected by using vacation
rentals however the rules were established because it was good for the long term welfare of the
community as a whole. The commission needed to study this in order to figure out what the best process
would be. We have a changing economy and the commission needed to make a decision that would be
fair to everyone. There was a time limit in good reason in order to get a hold of it and get better
clarification in the next six months.
Mayor Taylor stated that in the past month it was clear that there were short term rentals flying under
the radar and that as we see the economy coming we need to figure out a way to get a handle on it fairly.
At the end, there would be plenty of time for adjustments. It was encouraged that people who had
complaints about a rental, place complaints with the police department. In the next six months, no
applications would be received until the commission had more information.
08:39:50 PM (02:40:38) Vote that having conducted a public hearing, and considered public testimony
and any protest, I hereby move to adopt Ordinance 1958 repealing and suspending extended stay
lodging and other similar uses such as short term and vacation rentals as a conditional use in R-1, R-2,
R-S and NEHMU zoning districts for a period of six months or until such time as the City completes its
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study and acts to amend the municipal code or reinstate the conditional use. Notwithstanding the
foregoing, this ordinance does not apply to conditional use permit applications received and
determined by the City to adequate for review pursuant to 38.19.090.D, BMC, prior to the effective
date of this ordinance. The motion passed 4-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Absent
5. 08:40:22 PM (02:41:11) (Re) Appointment to the Community Affordable Housing Advisory
Board (CAHAB) (Michalson)
08:40:42 PM (02:41:30) Motion and Vote to (re)appoint David Magistrelli and Brian Guyer to a vacant
position on the Community Affordable Housing Advisory Board with a term ending June 30, 2019. The
motion passed 4-0.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Absent
6. 08:41:08 PM (02:41:56) (Re)Appointment to the Bozeman Parking Commission (Michalson)
08:41:22 PM (02:42:10) Discussion
Mayor Taylor stated that this was a mayoral appointment and that he was suggesting Kelly Wiseman in
this position.
08:41:25 PM (02:42:14) Motion and Vote move to confirm re-appointment of Kelly Wiseman to the
Parking Commission with an updated term expiring June 30, 2020. The motion passed 3-0 with one
abstention.
Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
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Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Abstain
Commissioner - I-Ho Pomeroy: Absent
7. 08:41:40 PM (02:42:29) Appointment to the Northeast Urban Renewal Board (Michalson)
08:42:34 PM (02:43:22) Motion and Vote to appoint Thomas Noble to the non-voting–member–at-
large position with an updated term expiring June 30, 2017 on the Northeast Urban Renewal Board.
The motion passed 4-0.
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: Absent
I. 08:42:56 PM (02:43:44) FYI/Discussion
Commissioner Krauss will be out for a month.
Staff contact to send a link instead of the whole 600 page report.
Would like to know about meetings going on internal with staff.
Would prefer less mayoral appointments and more commission appointed appointments.
J. 08:45:48 PM (02:46:36)Adjournment
Mayor Taylor adjourned the meeting at 08:45 PM.
___________________________________
Carson Taylor
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Page 14 of 14
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Pearl Michalson
Deputy City Clerk
Approved on: ___________________________________
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Page 1 of 4
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
SPECIAL MEETING MINUTES
Thursday, August 11, 2016
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Present
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - I-Ho Pomeroy: Present Staff Present at the Dais: City Manager Chris Kukulski, City Attorney Greg Sullivan, City Clerk Robin
Crough
A. 09:00:58 AM (00:01:54) Call to Order – 9:00 AM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 9:00 AM.
B. 09:01:04 AM (00:02:00) Pledge of Allegiance and a Moment of Silence
C. 09:02:02 AM (00:02:58) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
D. 09:02:38 AM (00:03:34) Action Items
1. 09:02:43 AM (00:03:39) Resolution 4708, Submitting to the Qualified Electors of the City of
Bozeman, Montana, the Question of Authorizing the City to Levy up to 18.21 Mills Per Year
for up to 20 Years to Raise Approximately $1,634,500 Per Year for the Purpose of Paying
30.26% of the Annual Debt Service of General Obligation Bonds of Gallatin County, Montana
Issued to Finance the Costs of the Joint City-County Law and Justice Facilities (Rosenberry)
09:03:14 AM (00:04:10) Staff Presentation
Administrative Services Director Anna Rosenberry presented on the construction of the joint project.
She discussed the elements of the joint project, a representation of the site plan, the county-wide
question, the City’s question to City voters, the estimated costs of City and County tax levies, and the
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Page 2 of 4
specific ballot language.
09:09:15 AM (00:10:11) Questions of Staff
CR Mehl asked Deputy Police Chief Rich McLane to explain the conditions of the current facilities to help
inform the public. He also asked a follow-up concerning the line officers.
Mayor Taylor asked about shared space between the Police Department and Sheriff’s Office. He also
asked the Assistant City Manager Chuck Winn about his opinion on the design of the plan.
CR Mehl asked ACM Winn about a comparison of the initial cost estimates to the final number.
09:19:28 AM (00:20:24) Public Comment
Mayor Taylor opened public comment.
09:19:41 AM (00:20:37) David Weaver, Public Comment
Mr. Weaver is the Chair of the Friends of Law and Justice, and has been working on this for
approximately 10 years. He is very pleased with the project and the collaboration, and thanked Mayor
Taylor for his efforts. He presented a letter of support to the City Commission.
09:22:21 AM (00:23:17) Judy Mathre, Public Comment
Ms. Mathre, a member of the Friends of Law and Justice, discussed the inadequacy of the current
facilities. She discussed future growth and the importance of safety for the community in the future.
09:24:45 AM (00:25:41) Marty Lambert, Public Comment
Mr. Lambert, Gallatin County Attorney, discussed the lack of safety for victims in the current facility, as
well as the inconvenience of having the City and County prosecutors and attorneys at a separate
location. He noted that staff will do a much better job if facilities exist to enable that.
09:27:58 AM (00:28:54) Robert Lee, Public Comment
Mr. Lee, a member of the CIP Committee at the County, discussed his work on the project (or similar)
over the past 10 years. He discussed growth projections and the deficiencies of the current facility, as
well as the safety needed for people in the building. He also spoke to the unprecedented cooperation
between the City and County. The cost is high, but it’s a needed investment.
09:31:23 AM (00:32:19) Rick Gale, Public Comment
Mr. Gale, a member of the 911 Advisory Board, discussed the need to take care of the citizens that come
into the facility.
09:32:18 AM (00:33:14) Public Comment
Mayor Taylor closed public comment.
09:32:44 AM (00:33:40) Motion that having considered public comment and the information presented
by staff, I hereby move to adopt Resolution Number 4708.
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Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
09:33:03 AM (00:33:59) Discussion
CR Mehl noted that this is not an extravagant need, and that we need to keep our community safe. He
takes this seriously, and it’s time to reinvest in public safety, as this has been an issue for some time. He
spoke to the collaboration between the City and County, and the cost is right given the circumstances.
He supports the motion.
DM Andrus also supports the resolution. She spoke to the need in the community, as well as the
improved services. She also was pleased with the collaboration with the County, and this helps set the
precedent for future cooperation. She understands that this means additional dollars from the
community, but it is public safety.
CR Pomeroy echoed her fellow commissioners. She hears from the public that they want cooperation,
and this is an example of it. She also noted that the facilities are already outgrown. She strongly
supports the motion for public safety reasons.
CR Krauss stated that the people of Bozeman have always supported public safety. The public has
trusted the Commission, and he will vote to put this project onto the ballot. He did note to the Friends
of Law and Justice that their anticipated growth numbers may be a little high.
Mayor Taylor stated that the main function of the City and County Commissions is to keep the
community safe. He also noted that the responsibility is to act before safety is compromised, and the
time is definitely now. He also spoke to the collaboration of the City and County, and he spoke to
lessons learned from the City’s previous attempt at the project, and how it now much more efficient. He
is confident that this is the best project, at the right time. The cost of this will only go up in the future.
09:51:36 AM (00:52:32) Vote on the Motion that having considered public comment and the
information presented by staff, I hereby move to adopt Resolution Number 4708. Motion passed 5-0.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
E. 09:51:52 AM (00:52:48) FYI/Discussion
1. City Manager Kukulski clarified the growth data point.
2. CM Kukulski thanked City staff for their hard work and dedication on the project.
F. 09:53:15 AM (00:54:11) Adjournment
Mayor Taylor adjourned the meeting at 9:53 AM.
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City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our Interim ADA Coordinator, Chuck Winn, at 582-2307 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
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Page 1 of 10
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, August 15, 2016
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Absent
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - I-Ho Pomeroy: Present
Staff Present at the Dais: City Manager Chris Kukulski, City Attorney Greg Sullivan, City Clerk Robin
Crough
A. 05:34:51 PM (00:00:14) Call to Order – 5:30 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 5:34 PM.
05:35:04 PM (00:00:27) Change of Agenda Order
Mayor Taylor called for a motion to authorize the absence of Commissioner Krauss.
05:35:12 PM (00:00:35) Motion and Vote to authorize the absence of Commissioner Krauss. 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
B. 05:35:31 PM (00:00:54) Executive Session – City Manager’s 360 Evaluation
05:35:42 PM (00:01:05) City Manager Privacy Request
City Manager Kukulski requested that since the Executive Session will be regarding his performance, it
would be most beneficial to the process to close the session for privacy reasons.
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05:36:15 PM (00:01:38) The Mayor closed to the public this meeting pursuant to Sect. 2-3-203(3), MCA,
finding that discussion relates to a matter of individual privacy and the Mayor determines the demands
of the individual’s privacy clearly exceed the merits of public disclosure.
A separate set of minutes have been prepared for the Executive Session.
06:51:17 PM (00:04:03) Meeting Called Back to Order
Mayor Taylor called the meeting back to order at 6:51 PM.
C. 06:51:28 PM (00:04:13) Pledge of Allegiance and a Moment of Silence
D. 06:52:25 PM (00:05:11) Changes to the Agenda
1. City Manager Kukulski informed the Commission that Action item 5 will be a continuance, of
which they have a revised memo.
E. 06:53:15 PM (00:06:00) Minutes
1. Approve the Regular Meeting Minutes from May 2, July 18, July 25, and August 1, 2016, and
User Access to Linked Minutes
06:53:12 PM (00:05:58) Motion and Vote to approve the combined City Commission Minutes from May
2, July 18, July 25, and August 1, 2016 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
F. 06:53:37 PM (00:06:22) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approve the Annie Phase 2, Lot 5 Subsequent Minor Subdivision Final Plat, Application 14036,
and Authorize the Director of Public Works to Execute the Same on Behalf of the City of
Bozeman (Rice)
3. Approve the Gallatin Center Lot 12 Minor Subdivision Final Plat, Application 16231, and
Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman
(Rice)
4. Authorize the City Manager to Sign the Water Pipeline and Access Easement and Agreement
for the Taco Bell Site Plan (Kohtz)
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5. Authorize the City Manager to Sign the Sewer Pipeline and Access Easement and Agreement
for the Yellowstone Center Site Plan (Kohtz)
6. Authorize the City Manager to Sign the Sewer and Water Pipeline and Access Easement and
Agreement for the Golden Gate Condos Site Plan (Kohtz)
7. Authorize the City Manager to Sign the Sewer and Water Pipeline and Access Easement and
Agreement, Release and Reconveyance of Sewer Easement (Utility Easement), and Release
and Reconveyance of Water Easement (Utility Easement) for the Sacajawea Middle School
Expansion Site Plan (Kohtz)
8. Authorize the City Manager to Sign the First Addendum to the License Agreement with
NorthWestern Energy for the Bozeman Solar Project at the Water Reclamation Facility
(Meyer)
9. Provisional Adoption of Ordinance 1956, Approving a Zone Map Amendment (ZMA) to Revise
the Zoning Map from R-4 (Residential High Density) to R-O (Residential-Office) on 0.91 Acres,
Located at 1905 West College Street, Application 16248 (Rice)
10. Resolution 4713, Setting the Annual Salary for the Position of Municipal Court Judge
(Kukulski)
11. Approve a Beer and Wine License for Roost Fried Chicken of Bozeman, Montana to Sell Beer
and Wine at 1520 West Main Street (Rosenberry)
06:53:39 PM (00:06:25) City Manager Overview
City Manager Kukulski provided an overview of Consent Items 1-11.
06:55:16 PM (00:08:02) Public Comment on Consent Items 1-11.
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
06:55:28 PM (00:08:13) Motion and Vote to approve Consent Items 1-11 as submitted. 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. 06:55:46 PM (00:08:32) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
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H. 06:57:18 PM (00:10:03) Special Presentation
1. 06:57:22 PM (00:10:08) Unified Development Code (UDC) and Design Objectives Plan
Coordination Update (Rogers / Owens)
06:57:40 PM (00:10:26) Staff Presentation
Interim Director of Community Development, Chris Saunders, introduced the project. He discussed
population growth within the City of Bozeman. The Bozeman micropolitan area is the fastest-growing in
the United States. He also noted the coordination of updates of the project. He discussed that the city is
a “city of neighborhoods.”
Planner Rebecca Owens discussed the Design Standards Update, an update to the Design Objectives
Plan, last revised in 2005. Ms. Owens discussed the goals of the update, as well as the existing Design
Standards. She displayed the revised Entryway Corridors and organization of the current Design
Standards (and their desire to make it simpler). She also discussed what is working well, and what can be
improved on. Ms. Owens also informed the Commission on stakeholder coordination and community
outreach (including the website).
Planner Tom Rogers discussed the second piece of the presentation, the Unified Development Code
Update. One piece of the update is the standards, the second is design integration. Mr. Rogers provided
a schedule of the phases of the update, as well as a timeline. He also noted some points for future
discussion.
07:14:09 PM (00:26:54) Questions of Staff
DM Andrus asked Mr. Rogers if a component is missing, is it not being addressed? She asked for the full
list.
CR Mehl asked about parks, cash-in-lieu, etc.
CR Pomeroy asked if this will help the City become more business friendly.
Mayor Taylor asked what the process would be if there is an item that is not included, but they would
like to be. CR Mehl pointed out that an extensive list has been provided to the Commission previously.
Interim Director Saunders discussed the scope of this project in response.
I. 07:21:09 PM (00:33:55) Action Items
1. 07:21:17 PM (00:34:03) Continuation of the Public Hearing on Resolution 4709, Setting Mill
Levies for Fiscal Year 2016-2017 (FY17) from August 15, 2016 to September 12, 2016
(Rosenberry)
07:21:56 PM (00:34:42) Staff Presentation
Administrative Services Director Anna Rosenberry discussed that this Resolution is based on numbers
coming from the Department of Revenue. Last week the City found out that the DOR would be reissuing
those numbers, and that she has received some additional revised information today, and that she may
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be receiving further revisions this week. September 12, 2016 is the next earliest noticeable meeting
available for a continuance.
07:22:47 PM (00:35:32) Questions of Staff
07:22:52 PM (00:35:37) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:23:00 PM (00:35:46) Motion and Vote to hereby continue the public hearing on Resolution 4709,
Setting Mill Levies for Fiscal Year 2016-2017, from August 15, 2016 to September 12, 2016. 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
2. 07:23:32 PM (00:36:17) Continuation of the Public Hearing on Resolution 4710, Amending the
City's Annual Budget to Include Items to be Funded with Property Tax Revenues that Exceed
Our Budgeted Property Tax Estimates from August 15, 2016 to September 12, 2016
(Rosenberry)
07:23:53 PM (00:36:38) Staff Presentation
Director Rosenberry noted that this item is related to Action Item 1, and is therefore appropriately also
continued to September 12, 2016.
07:24:03 PM (00:36:49) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:24:09 PM (00:36:54) Questions of Staff
There were no questions of staff.
07:24:14 PM (00:37:00) Motion and Vote to hereby continue the public hearing on Resolution 4710,
Amending the City's Annual Budget to Include Items Funded with Property Tax Revenues that Exceed
our Budgeted Property Tax Estimates, from August 15, 2016 to September 12, 2016. The motion
passed 4-0.
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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. 07:24:54 PM (00:37:39) Application 16252, an Annexation Petition for Four Existing Lots
Located at 2406 Durston Road and 505, 515 and 525 North 25th Avenue, Totaling 1.0601
Acres with 0.464 Acres of Right-of-Way and Proposed Initial Zoning of R-3, Residential
Medium Density District (WerBell)
07:25:26 PM (00:38:11) Staff Presentation
Planner Mitch WerBell noted that he received a late afternoon email request today from the property
owners asking to continue this item to next Monday’s meeting in order to have more time to go through
terms of annexation. One property owner was also unable to attend.
07:26:36 PM (00:39:22) Questions of Staff
CR Mehl asked about schedule for next week.
07:27:07 PM (00:39:53) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:27:13 PM (00:39:59) Motion to continue the annexation petition and proposed initial zoning of
Application 16252 to next Monday, August 22, 2016.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:27:19 PM (00:40:05) Discussion
There was no discussion.
07:27:22 PM (00:40:08) Vote to continue the annexation petition and proposed initial zoning of
Application 16252 to next Monday, August 22, 2016. The motion passed 4-0.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Absent
Mayor - Carson Taylor: Approve
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Page 7 of 10
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
4. 07:27:40 PM (00:40:26) A Conditional Use Permit (CUP) to Allow Two Existing Units on the
Residential Property at 721 North Montana Avenue with R-2 Zoning to Operate as Extended
Stay Lodging, Application 16276 (Quasi-Judicial) (Owens)
07:28:12 PM (00:40:58) Staff Presentation
Planner Rebecca Owens presented on the Conditional Use Permit for Application 16276. Ms. Owens
discussed the subject property, as well as its context in current policy decisions and the unique
properties of the request. She displayed the property and site plan sketch. Ms. Owens discussed the
criteria for evaluation, and recommended conditions for approval. She noted the public comment, in
support of the CUP.
07:39:14 PM (00:52:00) Questions of Staff
CR Mehl asked whether they should request a business license, as well as an inspection with the County
Health Department. Interim Director Saunders responded in detail.
CR Pomeroy asked if there was adequate parking.
07:42:11 PM (00:54:56) Applicant Presentation
Reno Walsh, the applicant, thanked Ms. Owens and the Planning Department for their help in the
project. Mr. Walsh provided some history of the property and the extended stay rental he proposes.
07:44:17 PM (00:57:03) Questions of Applicant
CR Mehl asked the applicant if he was okay with the conditions and if he would agree to getting a
business license and meet with the Health Department.
07:45:30 PM (00:58:16) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:45:46 PM (00:58:31) 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 16276, known as the 721 North Montana Avenue Extended Stay Conditional Use
Permit, to allow two units on a residential property to be operated as extended stay lodging with
conditions and subject to all applicable code provisions.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
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07:46:13 PM (00:58:58) Discussion
DM Andrus made it clear on the record that this application was in the pipeline when the short-term
rental decision was made. She will vote in favor of the motion.
CR Pomeroy echoed the Deputy Mayor.
CR Mehl asked to add a friendly amendment as Condition 9.
07:49:04 PM (01:01:49) Friendly Amendment that adds Condition 9: The owner shall have a home-
based business license that will be reviewed by City Planning, Police, and Fire Departments for
compliance and the Gallatin City-County Health Department Public Accommodation Inspection and
Certification.
07:50:34 PM (01:03:19) Discussion Continued
Mayor Taylor supports the motion, as it is a complete application, there is an on-site owner, and the
neighbors support the request.
07:52:01 PM (01:04:46) 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 16276, known as the 721 North Montana Avenue
Extended Stay Conditional Use Permit, to allow two units on a residential property to be operated as
extended stay lodging with conditions and subject to all applicable code provisions. 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
5. 07:52:13 PM (01:04:59) A Conditional Use Permit (CUP) and Site Plan to Allow the
Construction of 216 Apartments in Multiple Buildings within Lot R, Baxter Meadows Phase 2B
Major Subdivision (Quasi-Judicial) (Rogers)
Continuation of the Public Hearing on Application 15439, the Sundance Apartments
Conditional Use Permit and Site Plan from August 15, 2016 to October 3, 2016 (Rogers)
07:52:47 PM (01:05:32) Staff Presentation
Planner Tom Rogers stated that the applicant has requested a continuation to October 3, 2016.
07:53:21 PM (01:06:07) Questions of Staff
DM Andrus has asked about the number of continuations this applicant has made, or if there is any time
period for renoticing, as well as how noticing costs work. She also asked Mr. Rogers recommendation for
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Page 9 of 10
whether or not to renotice.
07:55:37 PM (01:08:22) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:55:47 PM (01:08:32) Motion to hereby continue the public hearing on application 15439, the
Sundance Apartments Conditional Use Permit and Site Plan application from August 15, 2016 to
October 3, 2016.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
07:56:13 PM (01:08:58) Discussion
DM Andrus proposed a friendly amendment.
07:56:19 PM (01:09:05) Friendly Amendment that this project is renoticed, and that that costs would
be incurred by the developer of the project.
07:56:55 PM (01:09:41) Questions of Staff
CR Mehl asked if the City can require an applicant to pay for renoticing. City Attorney Greg Sullivan
responded in detail.
07:58:15 PM (01:11:01) Friendly Amendment rescinded by DM Andrus. Instead DM Andrus requests
that the City renotice the project, and strongly suggested the developer pay for said renoticing.
07:59:51 PM (01:12:37) Discussion Continued
Mayor Taylor discussed the number of renotices on this item.
CR Pomeroy agrees to give the applicant more time to revise their proposal.
08:01:50 PM (01:14:36) Vote to hereby continue the public hearing on application 15439, the Sundance
Apartments Conditional Use Permit and Site Plan application from August 15, 2016 to October 3, 2016.
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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6. 08:02:05 PM (01:14:51) (Re) Appointments to the Downtown Bozeman Improvement
District / Tax Increment Finance (TIF) Board (Michalson)
08:02:11 PM (01:14:57) Motion to confirm the Mayoral reappointment of Bob Hietala, Bill Stoddart,
and Vonda Laird as voting members to the Downtown Tax Increment Finance Board with an updated
term expiring June 30, 2020, and new applicant Cory Lawrence filling a vacant seat expiring June 30,
2018.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
08:02:37 PM (01:15:22) Discussion
Mayor Taylor stated it was his desire for mayoral appointments to this particular board.
CR Mehl stated he would like the Commission be able to speak for appointments as well.
08:02:58 PM (01:15:43) Vote to confirm the Mayoral reappointment of Bob Hietala, Bill Stoddart, and
Vonda Laird as voting members to the Downtown Tax Increment Finance Board with an updated term
expiring June 30, 2020, and new applicant Cory Lawrence filling a vacant seat expiring June 30, 2018.
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
J. 08:03:09 PM (01:15:55) FYI/Discussion
1. Mayor Taylor noted that City Commissioners received a letter regarding selling the City-
owned land on Rouse Ave, and that the Commission should discuss the issue at an upcoming
meeting.
2. City Manager Kukulski noted there is an upcoming neighborhood meeting that he wanted to
alert the Commission of.
K. 08:05:22 PM (01:18:08) Adjournment
Mayor Taylor adjourned the meeting at 8:05 PM.
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Page 1 of 8
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, August 22, 2016
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Absent
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - I-Ho Pomeroy: Present
Staff Present at the Dais: Assistant City Manager Chuck Winn, City Attorney Greg Sullivan, City Clerk
Robin Crough
A. 05:59:54 PM (00:01:26) 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. 06:00:01 PM (00:01:33) Pledge of Allegiance and a Moment of Silence
C. 06:01:00 PM (00:02:32) Changes to the Agenda
D. 06:01:07 PM (00:02:39) Authorize Absence – Commissioner Krauss
06:01:10 PM (00:02:42) 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
E. 06:01:29 PM (00:03:01) Public Service Announcements
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1. 06:01:34 PM (00:03:06) Notification of Canceled Commission Meeting for Monday, August
29th; and Notification of Canceled Commission Meeting and City Offices Closed for Monday,
September 5th in Recognition of Labor Day (Crough)
F. 06:02:06 PM (00:03:38) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the City Manager to Sign Amendment Number 1 to Task Order Number 7 with
DOWL for the Right of Way Acquisition Project at North 27th Avenue (Murray)
3. Resolution 4715, Intent to Create a Special Improvement Lighting District Number 733 for
Sacajawea Middle School (Neibauer / Clark)
4. Formal Cancellation of the August 29, 2016 City Commission Meeting (Crough)
5. Formal Cancellation of the September 5, 2016 City Commission Meeting (Crough)
06:02:11 PM (00:03:43) City Manager Overview
Assistant City Manager Chuck Winn presented on Consent Items 1-5.
06:03:24 PM (00:04:56) Public Comment
Mayor Taylor opened public comment for Consent Items 1-5.
There was no public comment.
Mayor Taylor closed public comment.
06:03:36 PM (00:05:08) Motion and Vote to approve Consent Items 1-5 as submitted. The motion
passed 4-0.
Commissioner - I-Ho Pomeroy: 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. 06:03:58 PM (00:05:30) Public Comment
Mayor Taylor opened public comment.
06:04:26 PM (00:05:58) Jack Raneri, Public Comment
Mr. Raneri stated his concern for the new apartment project in his neighborhood. He believes the scale
of the project is too large for the neighborhood and threatens the aesthetic. He also feels that parking
will seriously impact the neighborhood. He stated that 3.5 stories would be a more reasonable height.
He has attended recent meetings and strongly opposes the development.
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06:07:49 PM (00:09:21) Public Comment
Mayor Taylor closed public comment.
H. 06:07:53 PM (00:09:25) Special Presentation
1. 06:08:00 PM (00:09:32) Rollout of the Click2Gov Planning Module and Quick Response (QR)
Codes for Notices (Saunders)
Interim Community Development Director Chris Saunders discussed the public expectations as the city
grows quickly. He discussed the Click2Gov software that enables the public to access development
information online. Mr. Saunders showed the Commission how a citizen can use the system, as well as
how to find it on the City’s website. He also stated that his department is upgrading notices and adding a
QR code to printed notices. He thanked the other departments in the City that contributed to the
upgrade, including Chris Kangas in GIS, Brian LaMeres in Finance, and the City’s IT group.
06:14:47 PM (00:16:19) Questions of Staff
Mayor Taylor asked if he had an address, and not an application number, would he still be able to find
the project?
DM Andrus asked if this number is included in the Commissions’ updates.
I. 06:16:02 PM (00:17:34) Action Items
1. 06:16:07 PM (00:17:39) Resolution 4718, Authorizing the Allocation of Additional Funding
from the Trails, Open Space and Parks Bond for the Bozeman Creek Enhancements at Bogert
Park Project; and Notice of Award for the Project (Poissant)
06:18:56 PM (00:20:28) Staff Presentation
Carolyn Poissant, TOPS Project Manager, introduced the Bozeman Creek Enhancements at Bogert Park
TOPS Bond Project, and discussed the original Resolution 4492, which laid out the project budget. She
discussed the construction budget and the possibility of contingencies. The request is an addition
$50,000 JUST for contingencies, and any unused portion would return to the fund.
06:23:15 PM (00:24:47) Questions of Staff
DM Andrus asked why the City didn’t request the contingency of 15% at the beginning of the process.
CR Mehl asked to make sure the normal process will apply to any change orders, etc. City Attorney
Sullivan clarified the process of pre-authorizing this money should a change order be necessary.
06:28:38 PM (00:30:10) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
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06:28:49 PM (00:30:21) Motion that having considered all information provided relevant to this
request, I hereby move to approve Resolution 4718 for an additional allocation of $50,000 from the
2012 Trails, Open Space, and Parks Bond fund for construction of the Bogert Creek Enhancement
project, for a total allocation of $490,000, with any remaining funds to be returned to the unallocated
balance of the Bond Fund following completion of the project.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
06:29:24 PM (00:30:56) Discussion
DM Andrus, as the TOPS Committee Liaison, discussed why this resolution makes sense for the project
and funding.
CR Mehl stated that he is in support of the motion, but has some questions about the efficiency of the
process.
CR Pomeroy supported the motion.
06:31:21 PM (00:32:53) Vote that having considered all information provided relevant to this request, I
hereby move to approve Resolution 4718 for an additional allocation of $50,000 from the 2012 Trails,
Open Space, and Parks Bond fund for construction of the Bogert Creek Enhancement project, for a
total allocation of $490,000, with any remaining funds to be returned to the unallocated balance of
the Bond Fund following completion of the project. 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
06:31:36 PM (00:33:08) Motion to authorize the City Manager to sign the Notice of Award to Highland
Construction, Inc. in the amount of $443,905.00 for the Bozeman Creek Enhancements at Bogert Park
project.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
06:31:53 PM (00:33:25) Discussion
DM Andrus supports the project.
CR Mehl thinks the project is great and supports it.
06:32:29 PM (00:34:01) Vote to authorize the City Manager to sign the Notice of Award to Highland
Construction, Inc. in the amount of $443,905.00 for the Bozeman Creek Enhancements at Bogert Park
project. The motion passed 4-0.
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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. 06:32:43 PM (00:34:15) Application 16252, an Annexation Petition for Four Existing Lots
Located at 2406 Durston Road and 505, 515 and 525 North 25th Avenue, Totaling 1.0601
Acres with 0.464 Acres of Right-of-Way and Proposed Initial Zoning of R-3, Residential
Medium Density District (WerBell)
06:33:19 PM (00:34:51) Staff Presentation
Planner Mitch WerBell presented the Kable Subdivision Annexation and Zone Map Amendment, and
discussed the properties. No development in included in the application. Mr. WerBell discussed the
recommended requirements for annexation, as well as the annexation goals and policies. The zoning
criteria were also met with this application. Three items of public comment were received. DRC and the
Zoning Commission recommended approval.
06:39:43 PM (00:41:15) Questions of Staff
CR Mehl asked where the applicant lives, as well as the status of the mobile home on the property. He
also asked Mr. WerBell to summarize the safety concerns of the public comment, including a stop sign
obscured by trees, and the status of sidewalks. Staff responded in detail.
DM Andrus asked Mr. WerBell to further articulate the difference between R-2 and R-3. She further
asked about future transportation development at the property.
CR Pomeroy asked about the potential of a fire at the “County Island” property adjoining. She also asked
about potential annexation of other island properties nearby. Staff responded in detail.
Mayor Taylor asked how some of the neighboring lots got onto City services without annexation.
06:51:01 PM (00:52:33) Applicant Presentation
Margaret Cleary and Bret Holzer, applicants, discussed the property purchase. They are not developers,
they are improving the property to move from septic to services. Ms. Cleary noted how huge the cost is
to annex, just for the record. Cost totals around $30,000, due in 60 days. She also discussed the amount
of her lot that she has to donate to the right-of-way. She asked the Commission if there could be any
payment plans in the future for people in a situation like hers, as many have no idea this may be coming.
06:57:14 PM (00:58:46) Questions of Applicant
CR Mehl asked to make sure the applicant has read and agrees with the Staff Report and conditions.
DM Andrus asked what due diligence the applicants did when they bought the house.
07:01:37 PM (01:03:09) Leon Liebman, Public Comment
Mr. Liebman, a neighbor of the property, discussed eminent domain in relation to the Magna Carta and
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Constitution, noting the owner should be compensated when land is taken, and the possibility of a rate
card in land payments. He also discussed that the lack of awareness is a big problem, and that the City
should mandate the disclosure of this information.
07:06:39 PM (01:08:11) Public Comment
Mayor Taylor officially opened public comment.
07:06:50 PM (01:08:22) Rebecca Alwine, Public Comment
Ms. Alwine, a neighbor of the property, was concerned with the R-3 zoning designation. She discussed
public safety issues in the neighborhood.
07:09:50 PM (01:11:22) Public Comment
Mayor Taylor closed public comment.
07:09:55 PM (01:11:27) Questions of Staff (continued)
DM Andrus asked what the ramifications of not annexing would be.
07:10:59 PM (01:12:31) Motion that having reviewed and considered the staff report, application
materials, public comment and all information presented, I hereby adopt the findings presented in the
staff report for Application 16252 and move to approve the Kable Subdivision Annexation with
recommended terms of annexation, and direct staff to prepare an annexation agreement for
signature by the parties.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:11:29 PM (01:13:01) Discussion
CR Mehl discussed the terms of annexation, and how they have generally been met. He discussed the
annexation policies and history of the City. He stated that he wants a stronger deadline for when
sidewalks will be pursued. He discussed the possibility for payment options.
CR Pomeroy strongly supports annexation, and hopes the City has a plan to annex other properties
nearby.
DM Andrus agrees with CR Mehl, and states her concern about lack of sidewalk requirements. She does
support the annexation.
Mayor Taylor thanked the applicant for informing the Commission of their situation. The City is
experiencing growth, and this is one of the few islands. He reiterated his desire to encourage property
owners to come into the City, but he also recognizes the problem. He discussed tax equity regarding
annexation. He also clarified that technically this isn’t eminent domain.
07:23:49 PM (01:25:21) Vote that having reviewed and considered the staff report, application
materials, public comment and all information presented, I hereby adopt the findings presented in the
staff report for Application 16252 and move to approve the Kable Subdivision Annexation with
recommended terms of annexation, and direct staff to prepare an annexation agreement for
signature by the parties. The motion passed 4-0.
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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
07:24:00 PM (01:25:32) Motion that having reviewed and considered the staff report, application
materials, public comment and all information presented, I hereby adopt the findings presented in the
staff report for Application 16252 and move to approve the Kable Subdivision Annexation Zone Map
Amendment with contingencies required to complete the application processing.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:24:21 PM (01:25:53) Discussion
CR Mehl discussed the neighboring zoning. He discussed the safety of zoning in the area. He noted that
the City is unable to mandate the County to disclose annexation information since the City doesn’t
control the land.
CR Pomeroy agreed with CR Mehl, and supports the motion.
DM Andrus also supports R-3 zoning. She reminded the public that R-3 is only the density that you build
up to.
Mayor Taylor noted that the City tries to follow the owner’s request in annexations. The zoning
difference is not significant and will not have a significant impact on the neighborhood.
07:31:41 PM (01:33:13) Vote that having reviewed and considered the staff report, application
materials, public comment and all information presented, I hereby adopt the findings presented in the
staff report for Application 16252 and move to approve the Kable Subdivision Annexation Zone Map
Amendment with contingencies required to complete the application processing. 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
J. 07:31:53 PM (01:33:25) FYI/Discussion
1. City Clerk Crough reminded the Commission of the Gallatin County Roundtable Discussion on
Friday.
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K. 07:32:22 PM (01:33:54) Adjournment
Mayor Taylor adjourned the meeting at 7:32 PM.
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