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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday,September 26",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. 05:59:42 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. 05:59:49 PM (00:01:33) Pledge of Allegiance and a Moment of Silence
C. 06:00:48 PM (00:02:32)Changes to the Agenda
06:01:07 PM (00:02:51) Disclosures
• CR Krauss will be leaving at 7:45 PM and returning at 8:30 PM due to a prior commitment.
• DM Andrus is using her Wad for her packet and notes, not for external communication.
D. 06:02:48 PM (00:04:32)Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) �'a
2. Appoint Administrative Services Director Anna Rosenberry to the Montana Municipal
Interloca) Authority (MMIA) Board of Directors to Serve a Term of Two Years, Effective
September 26, 2016(Kukulski) 7 0
3. Ratification of the Adopted Northeast Urban Renewal District Board Bylaws (Fontenot) 1!a
4. Authorize the City Manager to Sign a License Agreement with MT Larkspur LLLP for Park
Improvements in Oak Meadows Subdivision Park 1(Poissant) i'a
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Bozeman City Commission Minutes,September 26,2016
5. Authorize the City Manager to Sign a Contract Agreement with Reporting Services Inc.for Fire
Department Records Management(Waldo) 7L
6. Authorize the City Manager to Sign Amendment Number 8 to the Professional Services
Agreement with HDR Engineering Inc.forthe 2006 Water Reclamation Facility(WRF) Upgrade
(Murray) 4:3
06:03:04 PM (00:04:48) City Manager Overview
City Manager Kukulski gave an overview of Consent Items 1-6. He clarified that on Consent Item 4,the
City is extending the license agreement to July 1, 2017.
06:05:10 PM (00:06:54) Public Comment
Mayor Taylor opened public comment on Consent Items 1-6.
There was no public comment.
Mayor Taylor closed public comment.
06:05:22 PM (00:07:06)Motion and Vote to approve Consent Items 1-6 as submitted,modifying Item 4
to read"Authorize the City Manager to sign a license agreement with MT Larkspur LLLP for park
improvements in Oak Meadows Subdivision Park 1, extending the completion date to July 1,2017. The
motion passed 5-0.
Commissioner-Jeff Krauss: Motion
Commissioner-I-Ho Pomeroy: 2nd
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl:Approve
Commissioner-I-Ho Pomeroy:Approve
E. 06:06:08 PM (00:07:52) Public Comment
06:06:59 PM (00:08:43)Lisa Kirk,Public Comment
Bogert Park Neighborhood Association Secretary Lisa Kirk discussed the character of her neighborhood,
as well as parking issues in her neighborhood.She noted the good intent of increased growth and
density, but that her neighborhood bears the brunt,specifically via the Black Olive project. Issues
include the height, density, and parking,which all risk overcrowding.
06:11:47 PM (00:13:31)Arturo Barrett Public Comment
Mr. Barrett stated that he is looking for a reasonable development at the Black Olive site, and questions
the amount of parking allocated. He referenced Bozeman Municipal Code and relevant properties in the
area.
06:16:14 PM (00:17:58) Public Comment
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Bozeman City Commission Minutes,September26,2016
Mayor Taylor closed public comment.
F. 06:16:16 PM (00:18:00)Action Items
1. 06:16:24 PM (00:18:08) Maintenance of Buildings and Demolition of Historic Structures Text
Amendment, Creating and Clarifying Obligations of Property Owners to Maintain Their
Property,Application 14623 (Saunders) 7_0
06:16:52 PM (00:18:36)Staff Presentation
Interim Community Development Director Chris Saunders entered his presentation into the record.Two
items will be discussed—maintenance and demolition. Mr. Saunders provided a history of the issue as
well as the ongoing UDC process. He discussed public comment from the state as well as another
member of the public who requested more time. Mr. Saunders requested that the Commission provide
feedback this evening, and instead of approving or disapproving, continue the item to November 7,
2016. Mr.Saunders discussed challenges and reasons for policy change.The three primary proposed
changes are establishing a basic maintenance requirement city-wide, establishing a specific definition of
historic structure, and revise the process for demolition of buildings. Mr.Saunders further discussed a
number of specific, unresolved issues. He noted the criteria for evaluation as this is a zone text
amendment.The Planning Board/Zoning Commission recommended approval, as did the Historic
Preservation Advisory Board. He further discussed alternate motion 2,which is what staff recommends.
06:35:19 PM (00:37:03)Questions of Staff
Mayor Taylor asked about alternate motion 2,and which one the Historic Preservation Board
recommends.
CR Mehl asked for clarification about alternate motion 2.
CR Krauss asked if it was NCOD AND historic districts,and how historic properties are determined, and
specifically, can a person not associated with the property request such? He asked if the Commission
should have a determining role in the process, and would that make it harder to designate historic to
prevent demolition last minute,and the City's authority and discretion in general. He asked about a
number of previous examples in Bozeman's history.
CR Pomeroy asked who decides to demolish historic buildings.She also asked why non-historic structure
demolition requires approval from City staff.She asked for further clarification about the safety issue
and empty lots.
DM Andrus asked about the unsafe criteria vs.the other criteria,as well as the criteria for significance.
She also asked if non-historic is the same as non-contributing, and district specifics.She also asked who
makes the decision of safe vs. unsafe. She also asked more about the process for oversight.
CR Krauss followed up that the City could put safeguards into our processes.
CR Mehl asked if the State's historic office has a notification process,as well as further questions about
the process. He asked for more information about the two-year stay, as well as the determination of
economic value.City Attorney Sullivan responded. CR Mehl asked why the City cannot adopt the
International Property Maintenance Code. He asked if the state's adoption was administrative or
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Bozeman City Commission Minutes,September 26,2016
legislative.
07:22:22 PM (01:24:06) Excuse of Commissioner Krauss
Mayor Taylor excused Commissioner Krauss.
07:22:42 PM (01:24:26) Questions of Staff Continued
Mayor Taylor asked the purpose of the two-year rule. He asked for further clarification on safety issues.
He also asked for clarification on the significance issue. He asked if there are some jurisdictions that
require some sort of bonding to do x after y to demolish, and how much would that bond need to be.
CR Pomeroy asked about the significance if a person of note has lived there.She asked for further
clarification of historic house vs. historically significant house.
07:35:25 PM (01:37:09) Procedure
Mayor Taylor discussed the procedure for the meeting, including changing the order of the agenda,to
account for planned excuses of Commissioners.
07:36:13 PM (01:37:57) Public Comment
Mayor Taylor opened public comment on Action Item 1.
07:36:25 PM (01:38:09)David Chambers,Public Comment
North East Neighborhood Association President David Chambers discussed the effect of historic
buildings in a neighborhood. Mr. Chambers thanked the staff, but thinks the recommendation is specific
to individual units. He asked for financial surety for demolitions. He acknowledged the challenge in
defining historic structures, as long as it's not arbitrary.
07:40:07 PM (01:41:51)Suspend Action Item 1
Mayor Taylor suspended further discussion on Action Item 1.
08:48:26 PM (02:45:01) Return to Action Item 1
Mayor Taylor reopened the public hearing on Action Item 1. Interim Director Saunders requested the
Commission's input on the two alternatives presented earlier in the evening.
08:49:29 PM (02:46:04)Questions of Staff Continued
DM Andrus asked how effective the 2 year stay has been in not demoing buildings. She also asked what
the major impacts of these revisions on the community would be.
08:53:20 PM (02:49:55) Discussion
CR Mehl requested that a public hearing on historic designations would be appropriate.Second, he
favors what the Planning Board did with non-historic buildings in the NCOD.Third, 2 years is extensive, 1
year seems more appropriate with an optional additional year. He'd be interested in a legislative record
in order to interpret the economic impact. He does not see the need to extend historic to outside the
NCOD. He is fine with alternatives proposed by staff.
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Bozeman City Commission Minutes,September 26,2016
08:56:48 PM (02:53:23)Commissioner Mehl Excused
Mayor Taylor excused Commissioner Mehl due to illness.
08:56:52 PM (02:53:27) Discussion Continued
CR Krauss stated his response to issue 1 is no. In regards to the 2 year stay,the City should be able to lift
the stay.There needs to be a clear record that the property is historic. Mr.Saunders requested further
clarity between the historic building vs.safety issue.
DM Andrus asked is Alternate 1 presented by staff was the motion approved by the Planning Board.She
stated her answer was also no. In regards to the 2 year stay, 2 years is good,and 1 is not long enough.
She stated she would be interested in looking at properties outside the NCOD.
CR Pomeroy asked whether or not they need a permit within the NCOD. She does not think they need a
permit.
Mayor Taylor stated that on the issue of buildings becoming historic, he agrees that there should some
notice,some action by the City,there needs to be some action by the owner to proceed. His tendency is
to think if it's not historic, let it go. He thinks that 2 years is a good rule, but the Commission should have
the flexibility to decide if there should be less time.The definition of economic impact is fine with him.
He would like to look more closely at the bond issue and "significant structures" particularly when it
comes to commercial buildings. He would like an incentive to ensure the next step for demolition of
historic structures or in an established historic district.
CR Pomeroy likes the idea of regulations to prevent unsafe structures.
DM Andrus requested that this come back to us after we hire a Historic Preservation Officer.
Mayor Taylor agreed with DM Andrus.
Interim Director Saunders stated that the previous Historic Preservation Officer was heavily involved.
09:17:47 PM (03:14:22)Close Public Hearing
Mayor Taylor closed Action Item 1.
2. 07:40:18 PM (01:42:02) Mitigation to Recreation Impacts Text Amendment, Revising the
Standards for How to Calculate and Apply Required Mitigation for Impacts on the Recreation
System in Conjunction with Land Development,Application 14581(Saunders) 1!
07:40:51 PM (01:42:35)Staff Presentation
Interim Community Development Director Chris Saunders introduced the staff report into the record.
Mr. Saunders discussed revisions to parkland requirements, Bozeman's recent growth. He discussed the
primary proposed changes: 1. Mitigation required by demand, not process, 2. City managed land
valuations and simpler CIL process, and 3.Authorize improvements to be constructed in parks. He
discussed the mitigation trigger process,the maximum disparity example,and used the Four Points
Minor Subdivision example. He further explained the land valuations and CIL process change, as well as
enhancements to the Improvement In-Lieu structure. He discussed the criteria for evaluation,the
Planning Board/Zoning Commission's recommended approval.
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07:51:41 PM (01:53:25)Questions of Staff
CR Mehl asked about the CIL for parks that don't have master plans. He also asked about the CIL
threshold and policy. He asked if CIL could be discussed earlier in the process to aid developers. He also
asked for more clarity on his authority in the process and timeline. City Attorney Sullivan clarified
options.
DM Andrus asked if the proposed language got adopted,would there things that went to the Planning
Board or Zoning Commission that wouldn't go to the Commission.She asked if there was the
opportunity for art instead of equipment. Parks and Recreation Director Mitch Overton responded in
detail.
CR Pomeroy asked if the City was meeting the demand of the community. She asked if passing this item
helps the City meet the demand. -
Mayor Taylor asked if it would be feasible to create a list of improvements around the City,so we could
move forward when we came to that point.
CR Mehl asked about the geography of the nexus for CIL.
08:08:31 PM (02:10:15) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
08:08:41 PM (02:10:25)Motion that reviewed and considered the application materials,public
comment,and all the information presented,1 hereby adopt the findings presented in the staff report
for application 14581 and move to approve the text amendment and direct staff to integrate these
provisions as part of the update to the Unified Development Code.
Commissioner-I-Ho Pomeroy: Motion
Commissioner-Chris Mehl: 2nd
08:09:18 PM (02:11:02) Discussion
CR Pomeroy stated that the City is growing, and we need balance to meet the demand,so she supports
the motion.
CR Mehl stated that there is more good in this than bad. He would like to hear from staff before
enactment.
DM Andrus agrees with Commissioner Mehl in a cap, and would like to see the ordinance.She also
supports the idea of public art in the parks.
Mayor Taylor is wary of seeing the ordinance without enough notice for input, as he would like to see
the list on a future calendar.
08:13:03 PM (02:14:47)Commissioner Krauss Returns to Attendance
08:13:37 PM (02:15:21) Vote that reviewed and considered the application materials,public comment,
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Bozeman City Commission Minutes,September 26,2016
and all the information presented,I hereby adopt the findings presented in the staff report for
application 14581 and move to approve the text amendment and direct staff to integrate these
provisions as part of the update to the Unified Development Code. 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
Commissioner Krauss not in attendance for public comment or discussion—did not participate in vote.
08:14:08 PM (02:15:52) Break
Mayor Taylor called a 5 minute break.
08:25:09 PM (02:21:44)Called to Order
Mayor Taylor called the meeting back to order at 8:21 PM.
3. 08:25:17 PM (02:21:52)Consider Setting a Public Hearing to Determine the Possible Sale of
the Montana Department of Transportation (MDT)/Rouse Property(Kukulski) 1-v4=1
08:25:47 PM (02:22:22)Staff Presentation
City Manager Kukulski discussed the initial land purchase in 2014. He asked the Commission if they
wanted to pursue selling the parcel in light of the upcoming joint Law&Justice Center project bond
going to election in November.
08:28:21 PM (02:24:56)Questions of Staff
CR Pomeroy asked about the appraisal in 2013,she asked if the property was appraised again.She
asked if the$1 million appraisal may actual be a lower value at this point in time.
Mayor Taylor asked what the Commission's action should be tonight. He asked if a need hearing could
be contingent on the outcome of the election.
DM Andrus asked if the Commission needs to schedule the hearing before the election.
08:33:48 PM (02:30:23) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
08:34:01 PM (02:30:36)Motion to schedule a public hearing for the potential sale of the MDT/Rouse
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Bozeman City Commission Minutes,September 26,2016
Property.
Commissioner-Chris Mehl: Motion
Deputy Mayor-Cynthia Andrus: 2nd
08:34:12 PM (02:30:47) Discussion
CR Mehl stated that there are a number of good reasons to consider this.There are many opportunities
for use.
DM Andrus agreed with CR Mehl.This merits a conversation, and before the election.
CR Krauss supports the motion. He would love to see a commercial presence on the property.This can
be put to use for tax value,sale revenue, but more permanent economic development.
CR Pomeroy also supports the motion, and agrees with all previous comments.
Mayor Taylor appreciated the inquiries from the community about the Rouse property. He discussed an
RFP process to line out some future commitment of the property. Paying down the levy will be helpful.
08:41:33 PM (02:38:08) Vote to schedule a public hearing for the potential sale of the MDT/Rouse
Property. The 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
08:41:50 PM (02:38:25) Point of Order
CR Pomeroy noted that Action Item 1 is a lot to process. Mayor Taylor stated that procedure will address
appointments,then return to item 1.
4. 08:43:03 PM (02:39:38)Appointment to the Trails, Open Space and Parks (TOP) Committee
(Michalson) ml a
08:43:09 PM (02:39:44)Motion to appoint Ron Brey to the Trails, Open Space and Parks Committee
position with an expired term of April 15,2017.
Deputy Mayor-Cynthia Andrus: Motion
Commissioner-Jeff Krauss: 2nd
08:43:24 PM (02:39:59) Discussion
There was no discussion.
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Bozeman City Commission Minutes,September 26,2016
08:43:29 PM (02:40:04) Vote to appoint Ron Brey to the Trails, Open Space and Parks Committee
position with an expired term of April 15,2017. The motion passed 5-0.
Deputy MaVor-Cynthia Andrus: Motion
Commissioner-Jeff Krauss: 2nd
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl:Approve
Commissioner-I-Ho Pomeroy:Approve
5. 08:43:53 PM (02:40:28) (Re) Appointments to the Bozeman Historic Preservation Advisory
Board (Michalson) 1!
08:44:02 PM (02:40:37)Motion to appoint Merri Ketterer as a reappointed professional(expiring June
30,2018),Hans Figi as an owner of a property in a historic district(expiring June 30,2017),and
Michael Wollner and Cassidy Cooke and Rebekah Schields(expiring June 30,2018).
Deputy Mayor-Cynthia Andrus: Motion
Commissioner-Chris Mehl: 2nd
08:44:33 PM (02:41:08) Disclosure
CR Krauss has a personal conflict and asked to be excused from voting.
08:45:15 PM (02:41:50) Discussion
DM Andrus has been in touch with applicants.
08:45:44 PM (02:42:19) Vote to appoint Merri Ketterer as a reappointed professional(expiring June 30,
2018), Hans Figi as an owner of a property in a historic district(expiring June 30,2017),and Michael
Wollner and Cassidy Cook and Rebekah Schields(expiring June 30,2018). The motion passed 4-0, with
one abstention.
Deputy Mayor-Cynthia Andrus: Motion
Commissioner-Chris Mehl: 2nd
DeputV Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Abstain
Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl:Approve
Commissioner-I-Ho Pomeroy:Approve
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Bozeman City Commission Minutes,September26,2016
6. 08:46:08 PM (02:42:43) (Re)Appointments to the Design Review Board (Michalson) 1!
08:46:19 PM (02:42:54)Motion to reappoint Lessa Racow to the Landscape Architect position with the
DRB(expiring June 30,2018), and to appoint Brady Ernst to the one-term position for Architect on the
DRB with a term expiring June 30,2018,Peter Constanti to the Architect position with the term ending
June 30,2017,and Kiersten Iwai to the non-professional position with the term ending June 30,2018.
Deputy Mayor-Cynthia Andrus: Motion
Commissioner-Chris Mehl: 2nd
08:47:01 PM (02:43:36) Discussion
DM Andrus has been in contact with all the applicants, and they are very willing and excited to sit on the
DRB.
08:47:15 PM (02:43:50) Vote to reappoint Lessa Racow to the Landscape Architect position with the
DRB(expiring June 30,2018), and to appoint Brady Ernst to the one-term position for Architect on the
DRB with a term expiring June 30,2018,Peter Constanti to the Architect position with the term ending
June 30,2017,and Kiersten Iwai to the non-professional position with the term ending June 30,2018.
The motion passed 5-0.
Deputy Mayor-Cynthia Andrus: Motion
Commissioner-Chris Mehl: 2nd
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl:Approve
Commissioner-I-Ho Pomeroy:Approve
7. 08:47:36 PM (02:44:11) Reappointment to the Gallatin Local Water Quality District Board
. (Michalson) `a
08:47:39 PM (02:44:14)Motion to reappoint Doug Chandler the Gallatin Local Water Quality District
Board with and updated term of September 30,2019.
Commissioner-Jeff Krauss: Motion
Commissioner-1-Ho Pomeroy: 2nd
08:47:58 PM (02:44:33) Discussion
CR Krauss stated Mr. Chandler has been a good representative for the City.
08:48:10 PM (02:44:45) Vote to reappoint Doug Chandler the Gallatin Local Water Quality District
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Bozeman City Commission Minutes,September 26,2016
Board with and updated term of September 30,2019. The motion passed 5-0.
Commissioner-Jeff Krauss: Motion
Commissioner-I-Ho Pomeroy: 2nd
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve
Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl:Approve
Commissioner-I-Ho Pomeroy:Approve
G. 09:17:50 PM (03:14:25) FYI/Discussion
• Interim Director Saunders stated that they signed the final site plan for the Lark Hotel
expansion.
• Mayor Taylor welcomed back all five Commissioners.
• City Manager Kukulski noted that the tail end of next week will be the annual MLCT conference.
H. 09:19:14 PM (03:15:49)Adjournment
Mayor Taylor adjourned the meeting at 9:15 PM.
Carson Taylor
Mayor
JSO,A $T:
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Robin Crough, MPA
City Clerk
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Bozeman City Commission Minutes,September 26,2016
PREPARED BY:
Robin Crough, MPA
City Clerk
Approved on: ()C±Drtt -
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