HomeMy WebLinkAbout11-14-16 CC Mtg - MIN. October 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 October 3, October 10, October 17, and October 24, and the Special Meeting Minutes from
October 13, 2016, and User Access to Linked Minutes.
MEETING DATE: November 14, 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 October 3, 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 October 10, 2016 that are linked to the video please click here (minutes are located by clicking on the related documents tab above agenda).
No video is available for the special joint Bozeman City Commission an Associated Students of
Montana State University (ASMSU) meeting on October 13, 2016. Draft minutes are attached to
this report. To view the video and the minutes of October 17, 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 October 24, 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 and Special City
Commission minutes as submitted.
SUGGESTED MOTION: I move to approve the combined City Commission Minutes from October 3, October 10, October 13, October 17, and October 24, 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
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• Meeting efficiency
• Better access of meeting information for staff and the public
• Time savings
• Streamlined approach to citizen involvement and public comment
AV Capture was chosen as the vendor to perform these services, and subsequently implemented.
Since August of 2013, the City Commission Minutes have been linked with audio and video. Along with the City Commission, other City Advisory Boards are beginning to utilize the system as well.
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 November 7, 2016
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, October 3rd, 2016
*PLEASE NOTE THAT TIMESTAMPS ARE APPROXIMATELY 2-5 MINUTES OFF FROM ACTUAL MEETING
TIME. MEETING TIMES STATED IN TEXT ARE ACCURATE.*
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. 05:58:38 PM (00:00:00) 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. 05:58:39 PM (00:00:01) Pledge of Allegiance and a Moment of Silence
C. 05:59:31 PM (00:00:53) Changes to the Agenda
There were no changes to the agenda.
D. 05:59:35 PM (00:00:57) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approve the Acceptance of the Edward Byrne Memorial Justice Assistance Grant Award for
the Missouri River Drug Task Force and Ratify the Signature of the Police Chief on the
Contract with Gallatin County for the Allocation of the Funds (Crawford)
3. Approve the Acceptance of the Edward Byrne Memorial Justice Assistance Grant Award for
Plate Carriers and Authorize the City Manager to Sign the Grant Award Form (McLane)
4. Approve the Flanders Mill Phase 2 Subdivision Final Plat, Authorize the Director of Public
Works to Execute the Same on Behalf of the City of Bozeman, and Authorize the City
Manager to Sign the Public Access Easement for Associated Open Space, Located Northwest
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Bozeman City Commission DRAFT MINUTES, October 3, 2016
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of the Intersection of Ferguson Avenue and Annie Street, Application 16376 (Saunders)
5. Authorize the City Manager to Sign a Joint Funding Agreement with the U.S. Geological
Survey for the Continued Operation of a Streamflow Gaging Station on the East Gallatin
River (Heaston)
6. Authorize the City Manager to Sign a Memorandum of Agreement with Montana State
University for a Landscape Design Service-Learning Studio Project (Leoniak)
7. Resolution 4733, Authorizing Change Order Number 1 with COP Construction for the 2016
Bridger Drive Trunk Sewer Main Project (Murray)
05:59:39 PM (00:01:01) City Manager Overview
City Manager Kukulski provided an overview of Consent Items 1-7.
06:01:39 PM (00:03:01) Public Comment
Mayor Taylor opened public comment on Consent Items 1-7.
There was no public comment.
Mayor Taylor closed public comment.
06:01:53 PM (00:03:15) Motion and Vote to approve Consent Items 1-7 as submitted. 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. 06:02:14 PM (00:03:36) Public Comment
Mayor Taylor opened public comment.
06:03:13 PM (00:04:35) Stuart Mitchell, Public Comment
Builder and long-time resident discussed the development in the downtown corridor, specifically the
high rises being proposed, including the Black Olive project. He noted the parking issues that these
projects create.
06:06:41 PM (00:08:03) Colin Daniel, Public Comment
Mr. Daniel commented on Action Item 6, and thanked Tom Rogers and Shawn Kohtz on their staff
report. He brought up homeowner concerns of Baxter Meadows, with mixed retail and residential area.
06:09:14 PM (00:10:36) Public Comment
Mayor Taylor closed public comment.
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F. 06:09:15 PM (00:10:37) Action Items
1. 06:09:22 PM (00:10:44) Resolution 4723, Levying and Assessing Delinquent Water, Sewer,
Stormwater, Garbage and Recycling Charges (Rosenberry)
06:09:35 PM (00:10:57) Staff Presentation
Administrative Services Director Anna Rosenberry discussed the delinquent accounts. For the record,
the City will be striking from the list the Main and 15th Shopping Center, James Cook, and Graham Neale
since they have been paid in full.
06:11:37 PM (00:12:59) Questions of Staff
There were no questions of staff.
06:11:44 PM (00:13:06) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
06:11:58 PM (00:13:20) Motion to approve Resolution 4723, Levying and Assessing Delinquent Water,
Sewer, Stormwater, Garbage and Recycling Charges as modified by staff.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
06:12:52 PM (00:14:14) Discussion
CR Pomeroy supports the resolution.
CR Mehl agreed that this has a purpose and supports.
06:13:34 PM (00:14:56) Vote to approve Resolution 4723, Levying and Assessing Delinquent Water,
Sewer, Stormwater, Garbage and Recycling Charges as modified by staff. The motion passed 5-0.
Commissioner - I-Ho Pomeroy: 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
2. 06:13:49 PM (00:15:11) Resolution 4725, Levying and Assessing Delinquent Snow Removal
Charges (Rosenberry)
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06:14:04 PM (00:15:26) Staff Presentation
Administrative Services Director Anna Rosenberry discussed that this resolution fixes the charges for our
snow removal process. There are two adjustments to this list that the City will be striking, Bonnie Lynn
and Nancy Penney, as they have since paid their accounts.
06:15:36 PM (00:16:58) Questions of Staff
There were no questions of staff.
06:15:41 PM (00:17:03) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
06:15:53 PM (00:17:15) Motion to approve Resolution 4725, Levying and Assessing Delinquent Snow
Removal Charges with Schedule A as amended by staff.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
06:16:05 PM (00:17:27) Discussion
CR Krauss said one of these properties belongs to him via his son.
06:16:46 PM (00:18:08) Vote to approve Resolution 4725, Levying and Assessing Delinquent Snow
Removal Charges with Schedule A as amended by staff. 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
3. 06:17:02 PM (00:18:24) Resolution 4726, Levying and Assessing Delinquent Sidewalk Install
or Repair Charges (Rosenberry)
06:17:14 PM (00:18:36) Staff Presentation
Administrative Services Director Anna Rosenberry noted that these notifications come from FY15.
Director Rosenberry discussed the timeline for install or repair charges. Tonight’s accounts have had no
communication for over 8 months.
06:18:30 PM (00:19:52) Questions of Staff
Deputy Mayor Andrus asked what the nature of the letter to property owners in FY15. Director of Public
Works Craig Woolard responded in detail. She asked if there was further communication between the
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City and the property owners.
CR Krauss further asked about the work and billing.
06:22:30 PM (00:23:52) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
06:22:41 PM (00:24:03) Motion to approve Resolution 4726, Levying and Assessing Delinquent
Sidewalk Install or Repair Charges.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Jeff Krauss: 2nd
06:22:53 PM (00:24:15) Discussion
DM Andrus discussed that this is a safety issue and the City’s way of ensuring safety, and noted that the
City gives notice and time for people to make arrangements for payment.
CR Krauss noted that some of these payments are fairly large, and that’s unfortunate. He also noted
that some of these are paid through mortgage payments.
06:26:07 PM (00:27:29) Vote to approve Resolution 4726, Levying and Assessing Delinquent Sidewalk
Install or Repair Charges. The motion passed 5-0.
Deputy Mayor - 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
4. 06:26:18 PM (00:27:40) Amendment to the 2017-2021 Streets Impact Fee Capital
Improvement Plan to Accommodate 1) Moving the Design and Construction on North 27th
Avenue from FY18 to FY17, 2) Adding the City of Bozeman Portion of the Traffic Demand
Manager Position as Approved in the Budget, 3) Adjusting the Budget for Completion of the
Graf Street Extension, and 4) Adding the Purchase of the Right-of-Way for Fowler and Davis
(Woolard)
06:26:54 PM (00:28:16) Staff Presentation
Director of Public Works Craig Woolard discussed the four pieces of the CIP amendment and their
relative costs, and showed maps of the relevant areas.
06:33:45 PM (00:35:07) Questions of Staff
CR Krauss asked how personnel costs are capital.
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CR Pomeroy asked that if the City hired the Transportation Manager, it would help reduce the peak
traffic demand. She asked if long-term this would save money. She asked for an explanation of what a
payback district is. She asked why the Commission has one motion approving all four items.
DM Andrus asked how Tschache Lane became a priority.
City Manager added some context to the Transportation Manager. Director Woolard provided additional
information on demand management and its impact on CIP funds.
06:43:39 PM (00:45:01) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
06:43:53 PM (00:45:15) Motion to amend the 2017-2021 Street Impact Fee Capital Improvement Plan
to incorporate the revisions 1, 3, and 4 as requested in the Public Works Director’s memorandum to
the City Commission dated October 3, 2016.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:44:19 PM (00:45:41) Discussion
CR Krauss disagreed that the Traffic Demand Manager is a capital cost.
CR Pomeroy wants to include revision 2, as the City should do something to reduce peak demand traffic.
06:48:52 PM (00:50:14) Amendment to add revision 2 to the underlying motion.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Cynthia Andrus: 2nd
06:48:19 PM (00:49:41) Discussion on Amendment
CR Pomeroy said it was very important to include the manager position.
DM Andrus agrees with the amendment to include funding the manager for a three year period.
CR Mehl noted that the Commission has had this conversation in previous months. He stated that the
position could leverage significant capital in future efforts. He supports the amendment to the
underlying motion.
CR Krauss will not support the amendment. He also has an issue of “who should we do this with.” He’s
not sure this would be the number one position the Commission would fund.
Mayor Taylor discussed the capital nature of the position. The secondary issue is should the City fund
this at all. Traffic demand management may make a difference, and we should try this plan.
06:54:33 PM (00:55:55) Vote on Amendment to add revision 2 to the underlying motion. The
amendment passed 4-1.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Deputy Mayor - Cynthia Andrus: Approve
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Commissioner - Jeff Krauss: Disapprove
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
06:54:55 PM (00:56:17) Discussion on Underlying Motion
CR Mehl discussed each of the underlying revisions.
Mayor Taylor expressed he liked the idea of acquiring right-of-way for Fowler.
CR Krauss will not be supporting his motion as amended. He stated it’s important to keep working on
the finished grid, and Fowler is a part of this.
06:59:22 PM (01:00:44) Vote on the Main Motion as Amended to amend the 2017-2021 Street Impact
Fee Capital Improvement Plan to incorporate the revisions 1, 2, 3, and 4 as requested in the Public
Works Director’s memorandum to the City Commission dated October 3, 2016. The motion passed 4-1.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Disapprove
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
5. 06:59:39 PM (01:01:01) Resolution 4731, Amending the City’s Annual Budget for Street
Impact Fee Appropriations for the Fiscal Year Ending June 30, 2017 (FY17) (Rosenberry)
06:59:58 PM (01:01:20) Staff Presentation
Administrative Services Director Anna Rosenberry discussed the budget amendment that takes care of
the previous CIP amendment.
07:00:53 PM (01:02:15) Questions of Staff
CR Pomeroy asked for clarity on the funding.
CR Mehl asked why an amount for the Traffic Demand Coordinator is not included in this budget
amendment.
07:02:10 PM (01:03:32) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:02:22 PM (01:03:44) Motion to adopt Resolution 4731, Amending the City's Annual Budget for
Street Impact Fee Appropriations for the Fiscal Year Ending June 30, 2017 (FY17).
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Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
07:02:43 PM (01:04:05) Discussion
CR Pomeroy noted that this is how the City pays for the CIP amendment, so she supports the motion.
CR Mehl noted that there is a reserve in the Street Impact Fee so we do not go into the negative with
this action.
DM Andrus supports the motion as well. It makes sense considering discussion on traffic.
CR Krauss stated that his yes vote assumes that the addition of these to the CIP that these projects have
been analyzed for their capacity expansion.
07:04:45 PM (01:06:07) Vote to adopt Resolution 4731, Amending the City's Annual Budget for Street
Impact Fee Appropriations for the Fiscal Year Ending June 30, 2017 (FY17). The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
07:05:05 PM (01:06:27) Break
Mayor Taylor called a break until 7:15 PM.
07:22:42 PM (01:15:46) Call to Order
Mayor Taylor called the meeting back to order at 7:15 PM.
6. 07:22:57 PM (01:16:02) A Conditional Use Permit (CUP) and Site Plan to Allow the
Construction of a 216 Apartment Complex Located at 3605 Baxter Lane, Lot R, Baxter
Meadows Phase 2B Major Subdivision; Application Including Provision of Parkland, Open
Space and Other Related Site Improvements, CUP Allowing Residential Use on the Ground
Floor in a B-2 District (Quasi-Judicial) (Rogers)
07:23:24 PM (01:16:28) Staff Presentation
Associate Planner Tom Rogers presented the Sundance Apartments Phase 2 CUP and Site Plan. Mr.
Rogers stated that his primary presentation will focus on the requirements of the CUP. Community
Development is not recommending approval of the CUP, but staff did outline a number of alternatives.
Mr. Rogers discussed the background and context of the site. He detailed the CUP criteria of evaluation,
specifically regarding the function and viability of a commercial node in the future. Staff stated that
granting this CUP would be a permanent land use change. He also discussed criterion 2, whether or not
the development would have an impact on abutting property, which they believed it would. Staff did not
provide any conditions of approval with this application.
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07:39:27 PM (01:32:32) Questions of Staff
CR Krauss asked how many apartments would be on the ground floor. He asked about the inadequacy of
size and topography in the staff report. He asked if we have done this other places in the city. He asked
what piece of commercial development should go there in lieu of residential. He asked if the B2 would
require any parkland dedication.
DM Andrus asked if there have been significant changes since it was first going to come before the
Commission. She asked how staff found that the application does not fit the dimensional standards.
CR Mehl asked Mr. Rogers to show the commercial nodes across the city. He asked about the node and
the timeline of its existence. He asked about the pros and cons of this node, and why we have these.
Mayor Taylor asked about the vicinity and size of grocery stores. He asked what other commercial
entities were in the area.
CR Krauss asked how many B2 community commercial center-based nodes have developed since 2000.
07:57:10 PM (01:50:14) Applicant Presentation
Applicant David Chermbal introduced his team and the Baxter Meadows project. His goal is to work with
the City to meet mutual objectives. He ran through a number of previous projects. He discussed
previous projects that incorporated YMCAs. He discussed the layout and phases of the project. He
discussed the use of the property and development. He discussed other projects and the difficulty in the
amount of commercial required, specifically when it is vertically integrated. He argued that commercial
follows residential. He discussed the existing status as well as proposed status. He discussed the
affordable housing need of the community and how this project fulfills that need.
08:09:56 PM (02:03:00) Questions of Applicant
CR Pomeroy asked if the commercial lease rate was higher than residential. She asked his opinion on
mixed use and its impact on traffic.
DM Andrus asked the applicant to expand on why he thinks commercial won’t survive in the area.
CR Mehl asked if the applicant was able to view the staff report. He asked if the applicants knew the
nature and zoning of the property when it was bought in 2012. He also asked how the number of new
developments will drive up residential and commercial demand. He asked if the Commission doesn’t
keep a commercial node here, where would it go?
Mayor Taylor asked how many rooftops would make commercial work? Mayor Taylor asked where the
extra acreage was on the map.
08:25:20 PM (02:18:25) Public Comment
Mayor Taylor opened public comment.
08:25:34 PM (02:18:39) Jason Leap, Public Comment
Mr. Leap is a local realtor and he discussed the scale of the development and the commercial
requirements. He also discussed the city’s need for affordable housing.
08:29:08 PM (02:22:12) George Sporn, Public Comment
Mr. Sporn, President of the Baxter Meadows Neighborhood Center Association discussed development
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in the area. There is less than great demand in the area. As a resident who has lived there for twelve
years, he has watched nothing happen in terms of commercial development. He argued that maybe
Planning needs to reassess the commercial requirements.
08:31:48 PM (02:24:53) Applicant Rebuttal
The applicant noted that the HOA does not oppose the project. He noted that he is willing to work with
staff and adopt the alternative to look at a conditional use for ground floor residential.
08:33:43 PM (02:26:47) Questions of Applicant Continued
CR Mehl asked for further elaboration on the affordable housing qualification of the property.
08:35:12 PM (02:28:17) Staff Rebuttal
Mr. Rogers elaborated that there are commercial nodes that have not been developed in the city.
Bozeman is growing and will continue grow.
08:36:35 PM (02:29:39) Public Comment
Mayor Taylor closed public comment.
08:36:33 PM (02:29:38) Questions of Staff Continued
CR Mehl asked for more clarity on the proximity of the property to the failing intersection. Engineer
Shawn Kohtz responded in detail.
08:39:03 PM (02:32:08) Motion that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for application 15439 and move to deny the Sundance Apartments Conditional Use Permit.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
08:39:32 PM (02:32:37) Discussion
CR Mehl is open to the idea of residential being pushed to the back. He granted the exception in Phase 1
and he believes it still mostly makes sense. But he is concerned that with upcoming growth, the City
needs to also look at long-term. He does not see how to convert these buildings in the future.
DM Andrus is also inclined to support the motion as stated, to increase diversity of the area. She also
asked why the applicants have not significantly changed their application knowing there was room for
improvement.
CR Krauss stated that he is going to vote no on the motion. It provides rentable units to low-income
renters. He discussed where commercial does and could work. He also discussed that staff’s proposal of
empty commercial units would be preferable to residential and he cannot agree.
CR Pomeroy was initially going to agree with staff, but agrees with CR Krauss. She stated that we need
more roofs and more affordable housing.
Mayor Taylor discussed the difficulty of making commercial happen. He discussed the balance of the
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drive for more residential if it drives out commercial. He noted that there seems to be some consensus
from CR Mehl and DM Andrus that there could be room to work with lessening the commercial
requirement. He also noted that the burden is on the developer and that burden has not been met.
CR Mehl stated that he would approve a CUP for part of this development, just not total. No one is
suggesting leaving any spaces here empty. He discussed some further details of the staff report. He
discussed that they are not claiming this should be another 19th corridor, but it should still be a node.
CR Krauss noted that option 4 would be to “exercise the silver bullet” and bring back at a later date.
09:07:38 PM (03:00:43) Questions of Staff
Mayor Taylor reopened the public hearing for a question of staff.
CR Mehl asked Mr. Rogers if he felt confident to enter discussions with the developer and whether he
needs more information to do so.
09:09:33 PM (03:02:38) Public Comment
Mayor Taylor opened public comment.
09:09:40 PM (03:02:44) David Chermbal, Public Comment
Mr. Chermbal stated that he needs some guidance for what is viable and reasonable for improvements
in the future.
09:10:55 PM (03:03:59) Dave Crawford, Public Comment
Dave Crawford with TD&H Engineering encouraged the Commission to come to him if there are any
infrastructure questions.
09:11:56 PM (03:05:01) Discussion
City Manager Kukulski encouraged the Commission to provide further guidance.
City Attorney Sullivan reminded the Commission that this is a quasi-judicial hearing. This CUP should be
decided, discussion should happen with a new application.
09:14:05 PM (03:07:10) Applicant Rebuttal
The applicant requested a continuance.
09:14:28 PM (03:07:32) Public Hearing Closed
Mayor Taylor closed the public hearing.
09:15:04 PM (03:08:08) Motion to continue Action Item 6, A Conditional Use Permit (CUP) and Site
Plan to Allow the Construction of a 216 Apartment Complex Located at 3605 Baxter Lane, Lot R, Baxter
Meadows Phase 2B Major Subdivision; Application Including Provision of Parkland, Open Space and
Other Related Site Improvements, CUP Allowing Residential Use on the Ground Floor in a B-2 District.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:15:15 PM (03:08:20) Discussion
CR Mehl discussed granting a continuance.
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CR Krauss noted the investment of the professionals in the room.
City Attorney Sullivan noted that this item would be left continued until the applicants bring this back.
He discontinued an indefinite continuance.
Mayor Taylor stated that this is a situation where it can likely be worked out. He encouraged the
developers to come back with a thoughtful answer.
09:20:02 PM (03:13:07) Vote to continue Action Item 6, A Conditional Use Permit (CUP) and Site Plan
to Allow the Construction of a 216 Apartment Complex Located at 3605 Baxter Lane, Lot R, Baxter
Meadows Phase 2B Major Subdivision; Application Including Provision of Parkland, Open Space and
Other Related Site Improvements, CUP Allowing Residential Use on the Ground Floor in a B-2 District.
The motion passed 5-0.
Commissioner - Chris Mehl: 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
7. 09:20:22 PM (03:13:27) Appointments to the Bozeman Area Bicycle Advisory Board
(Michalson)
09:20:40 PM (03:13:45) Motion to appoint Jennisse Schule to the Bozeman Area Bicycle Advisory Board
with a term expiring on December 31st, 2016 and Rachel Rockafellow to the term that expires on
December 31st, 2017.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
09:21:24 PM (03:14:28) Vote to appoint Jennisse Schule to the Bozeman Area Bicycle Advisory Board
with a term expiring on December 31st, 2016 and Rachel Rockafellow to the term that expires on
December 31st, 2017. The motion passed 5-0.
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: Approve
8. 09:21:35 PM (03:14:39) Reappointments to the Tree Advisory Board (Michalson)
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Bozeman City Commission DRAFT MINUTES, October 3, 2016
Page 13 of 14
09:21:40 PM (03:14:45) Motion to reappoint William Hoch and Scott Makoutz to the positions of
Professor of Horticulture and Arborist with updated terms expiring June 30, 2018 on the Tree Advisory
Board.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
09:22:03 PM (03:15:08) Vote to reappoint William Hoch and Scott Makoutz to the positions of
Professor of Horticulture and Arborist with updated terms expiring June 30, 2018 on the Tree Advisory
Board. 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
G. 09:22:23 PM (03:15:27) FYI/Discussion
1. City Clerk Crough gave an update on the status of the scheduled Commission photo shoot
the following day.
2. City Manager Kukulski reminded the Commission that the Need Hearing for the Rouse
Justice Center Site is scheduled for next week, October 10th, 2016.
H. 09:23:46 PM (03:16:51) Adjournment
Mayor Taylor adjourned the meeting at 9:17 PM.
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.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
___________________________________
Carson Taylor
Mayor
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Bozeman City Commission DRAFT MINUTES, October 3, 2016
Page 14 of 14
ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Robin Crough
City Clerk
Approved on: ___________________________________
20
Page 1 of 12
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, October 10TH, 2016
*PLEASE NOTE THAT TIMESTAMPS ARE APPROXIMATELY 2-10 MINUTES OFF FROM ACTUAL MEETING
TIME. MEETING TIMES STATED IN TEXT ARE ACCURATE.*
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. 05:59:24 PM (00:01:16) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Ave
Mayor Taylor called the meeting to order at 6:01 PM.
B. 05:59:44 PM (00:01:36) Pledge of Allegiance and a Moment of Silence
C. 06:00:40 PM (00:02:32) Changes to the Agenda
D. 06:00:47 PM (00:02:39) Minutes
1. Approve the Regular Meeting Minutes from September 12, September 19, an September 26,
2016, and User Access to Linked Minutes
06:00:57 PM (00:02:49) Motion and Vote to approve the combined City Commission minutes from
September 12, September 19, and September 26, 2016 as submitted. The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
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Bozeman City Commission DRAFT MINUTES, October 10, 2016
Page 2 of 12
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
E. 06:01:22 PM (00:03:14) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approve the Traditions Phase 3 Subdivision Final Plat and Authorize the Director of Public
Works to Execute the Same on Behalf of the City of Bozeman, Located Southwest of the
Intersection of Twin Lakes Avenue and Oak Street, Application 16078 (Saunders)
3. Authorize the City Manager to Sign Amendment Number 1 to the Professional Services
Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) for the
Water Facility Plan Update Project (Heaston)
4. Approve Acceptance of Grant Award and Authorize the City Manager to Sign the Grant
Agreement with the Montana Department of Transportation for the Select Traffic
Enforcement Program (STEP) for Fiscal Year 2017 (FY17) (Crawford)
5. Authorize the City Manager to Sign the Grant Agreement with Homeword for the Low-
income Housing Tax Credit Development Known as Larkspur Commons for Deferred
Transportation Impact Fees (Rice)
06:01:27 PM (00:03:19) City Manager Overview
City Manager Kukulski provided an overview of Consent Items 1-5.
06:03:10 PM (00:05:02) Public Comment
Mayor Taylor opened public comment on Consent Items 1-5.
There was no public comment.
Mayor Taylor closed public comment.
06:03:25 PM (00:05:17) Motion and Vote to approve Consent Items 1-5 as submitted. 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
F. 06:03:42 PM (00:05:34) Public Comment
06:04:21 PM (00:06:13) Brett Harshorn, Public Comment
Mr. Harshorn asked the City Commission to look into the trash collecting by the train tracks.
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Bozeman City Commission DRAFT MINUTES, October 10, 2016
Page 3 of 12
06:05:41 PM (00:07:33) Public Comment
Mayor Taylor closed public comment.
G. 06:05:46 PM (00:07:38) Special Presentation
1. Indigenous Peoples' Day
Mayor Taylor introduced the Special Presentation and Dr. Walter Fleming, MSU Professor and Associate
Curator of History at the Museum of the Rockies, as the presenter.
06:07:10 PM (00:09:02) Special Presentation
Mr. Fleming discussed the indigenous community of Montana, and acknowledged the importance of the
day. Mr. Fleming also discussed the history of the region and tribes. He also noted the process of
bringing Indigenous Peoples’ Day to Bozeman and the Commission. Mr. Fleming also discussed
educational events surrounding Indigenous Peoples’ Day.
06:22:54 PM (00:24:46) Break
Mayor Taylor called a short break.
06:33:13 PM (00:30:00) Called to Order
Mayor Taylor called the meeting back to order at 6:30 PM.
H. 06:33:22 PM (00:30:10) Action Items
1. 06:33:24 PM (00:30:12) The Lakes at Valley West Phase 3 Preliminary Planned Unit
Development, A Preliminary Planned Unit Development Application for the Third Phase of a
Multi-Phase Residential Development Located on 65 Acres South of Durston Road, East and
West of an Extension of Laurel Parkway, One Phase with 56 Lots and Additional Unplatted
Phases for Future Development, Eighteen Relaxations are Requested with this Application,
Located at 5600 Durston Road, Application 16319 (Quasi-Judicial) (Saunders)
06:33:59 PM (00:30:46) Staff Presentation
Interim Community Development Director Chris Saunders introduced the item as the first of two pieces,
the PUD for the Lakes at Valley West Phase 3. Mr. Saunders displayed the plat and phasing associated
with the project. He noted the initial 15 relaxations, and additional 3 more. He discussed the criteria of
evaluation, that there was no public comment, and provided the recommendation of the DRC and DRB,
with the conditions included in the staff report.
06:40:41 PM (00:37:29) Questions of Staff
DM Andrus asked to clarify that only 3 of the relaxations are new to the Commission.
CR Mehl asked what the point of the wetlands setback was. He asked what a rough units/acre estimate
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Bozeman City Commission DRAFT MINUTES, October 10, 2016
Page 4 of 12
would be. He also asked about the original commercial node proposed, and why it’s okay to not require
that anymore. He asked the design manual was the same as previous phases. He asked about the
discrepancy of 56 vs. 62 lots in the staff report.
CR Pomeroy asked if the City gets anything by granting 18 relaxations. She also asked if there would be
adequate parking. She asked why there were only four accessory dwelling units.
06:50:53 PM (00:47:41) Applicant Presentation
Greg Stratton, the applicant, introduced his team and let the Commission know they are here for
questions. The project is an extension of Phases 1 and 2. He gave an update of infrastructure
improvements made in relation to the project. He is in concurrence with staff conditions.
06:53:36 PM (00:50:23) Questions of Applicant
DM Andrus asked for more clarification on relaxation 16, relating to stormwater.
CR Pomeroy asked why the applicant didn’t ask for the affordable housing incentive. She asked about
the smallest lot size and units.
CR Mehl asked the applicant to make his case for the PUD for the 18 relaxations. He also asked about
condition 6 and the inclusion of triplexes.
CR Pomeroy asked about why only 4 accessory dwelling units. Bob Lee, Land Use Planner with Morrison-
Maierle, responded in detail. She asked for further clarity regarding the density bonus.
07:06:42 PM (01:03:29) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:07:02 PM (01:03:49) 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 16319 and move to approve the planned unit development with conditions and subject
to all applicable code provisions.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
07:07:22 PM (01:04:10) Discussion
CR Mehl noted that this is a good project, worthy of support.
CR Krauss discussed the “what’s the deal” nature of PUDs. This project is a little bit of a laboratory with
its creativity.
CR Pomeroy thanked the applicant for offering affordable housing.
DM Andrus also supports the application.
Mayor Taylor noted that he drove the woonerfs today, and this is a grand experiment that he
appreciates.
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Bozeman City Commission DRAFT MINUTES, October 10, 2016
Page 5 of 12
07:13:52 PM (01:10:40) Vote that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for application 16319 and move to approve the planned unit development with conditions and subject
to all applicable code provisions. The motion passed 5-0.
Commissioner - Chris Mehl: 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
2. 07:14:08 PM (01:10:55) The Lakes at Valley West Phase 3 Subdivision, A Preliminary Major
Subdivision Application for the Third Phase of a Multi-Phase Residential Development Located
on 65 Acres South of Durston Road, East and West of an Extension of Laurel Parkway, in
Association with a Planned Unit Development, One Phase with 56 Lots and Additional
Unplatted Phases for Future Development, Eighteen Relaxations are Requested with the PUD
Associated with this Application, Located at 5600 Durston Road, Application 16320 (Quasi-
Judicial) (Saunders)
07:14:50 PM (01:11:38) Staff Presentation
Interim Community Development Director Chris Saunders entered the staff report and all applicable
materials into the record and presented the preliminary major subdivision application.
07:16:56 PM (01:13:43) Questions of Staff
CR Mehl asked about condition 6, specific to lot R2A. He also asked about the water right issues.
07:18:09 PM (01:14:57) Applicant Presentation
Mr. Stratton stated that he was available for questions.
07:18:13 PM (01:15:00) Questions
CR Mehl asked if he had read the staff report and if he is okay with the analysis and conditions.
07:19:07 PM (01:15:55) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:19:22 PM (01:16:10) 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
25
Bozeman City Commission DRAFT MINUTES, October 10, 2016
Page 6 of 12
for application 16320 and move to approve the subdivision with conditions and subject to all
applicable code provisions.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
07:19:50 PM (01:16:37) Discussion
CR Mehl discussed his support of the subdivision.
07:20:29 PM (01:17:16) Vote that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for application 16320 and move to approve the subdivision with conditions and subject to all
applicable code provisions. The motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
3. 07:20:50 PM (01:17:38) Request for Improvements in Lieu of Parkland Dedication for the
Cottonwood Corner Site Plan, 86 & 116 South Cottonwood Road, Application 16275 (Quasi-
Judicial) (Rice)
07:21:08 PM (01:17:56) Staff Presentation
Associate Planner Mayana Rice entered the staff report into the record and discussed project specifics.
Ms. Rice noted the parkland calculations for Cottonwood Corner. She discussed the staff review of code,
specific to this project. She presented the applicant request, and their proposal of improvements-in-lieu.
She discussed the staff response to the request, the RPAB response, and the Park Department’s
response. Ms. Rice also discussed the waiver request allowed in the BMC. She noted two alternatives for
the Commission.
07:31:55 PM (01:28:43) Questions of Staff
CR Mehl asked Parks Director Mitch Overton for his input. He asked about the terms of the easement, as
well as if the City has done cash-in-lieu for private property before. Staff responded regarding
differences in easements. CR Mehl asked about the percentage of those who would have access to this
park. He asked if there was any commercial development related to the project.
CR Krauss asked about a public easement on private open space, and does this fall under the same
requirements.
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Bozeman City Commission DRAFT MINUTES, October 10, 2016
Page 7 of 12
Mayor Taylor asked about previous project cash-in-lieu for parkland projects. He asked if any member
of the public could access this property.
City Attorney Sullivan asked a clarifying question, of whether the applicant would retain ownership of
the property, and that the City would at the future point be granted an easement of some nature.
CR Krauss asked for clarification if this was dedicated or undedicated. City Attorney Sullivan responded
in detail.
07:44:09 PM (01:40:57) Applicant Presentation
Heather Davis, with Intrinsik Architecture, noted that they are open to any type of easement moving
forward. She also wanted to note that cash-in-lieu was used in the Remington open space. She discussed
further details of the project and showed the proposed plan. She discussed the improvements-in-lieu
proposed.
07:51:51 PM (01:48:39) Questions of Applicant
CR Krauss asked how this fully satisfies the parkland needs of the residents. He also asked exactly how
they met the park requirements.
CR Mehl asked for the discrepancy between parking/cash-in-lieu. He also asked about the vicinity of
other larger parks. He also asked what about this will be appealing to the general taxpayer. He asked
about the nature of the detention facility. He asked if the buffer will disappear if the cash-in-lieu is
denied.
DM Andrus asked how this would look different if they did not get the cash-in-lieu.
CR Mehl asked why the Commission is discussing an $8,000 difference.
Mayor Taylor asked where people are walking in the vicinity.
08:10:45 PM (02:07:33) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
08:11:50 PM (02:08:37) Motion to require that the parkland dedication be as the City Attorney
described through the alternative method, and that in addition to the parkland dedication using the
alternative method that the City Attorney provided, that we accept the $45,672 in improvements
satisfying the parkland requirements as requested by staff.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
08:12:55 PM (02:09:43) Discussion
CR Krauss discussed the validity of the dedication because of the extra amenities. He thought the spirit
and the letter has been observed. The City is getting parkland and amenities and cash-in-lieu, so he
believes this is sufficient.
CR Mehl disagreed with CR Krauss and disagreed with the cleverness proposed by the applicant. The
27
Bozeman City Commission DRAFT MINUTES, October 10, 2016
Page 8 of 12
park is not accessible or sufficient.
DM Andrus stated that dedicating parkland to the City doesn’t necessarily mean dedicating it to the
public.
CR Pomeroy stated that we need to follow the formula.
Mayor Taylor stated that there’s just not access, so he just doesn’t think it works.
CR Krauss asked the Commission if they would simply do cash-in-lieu to get 78 units, and does that
change the perspective.
Mayor Taylor responded that the $53,000 could go into a usable area.
CR Mehl stated that a lot of the area proposed is a buffer already in place.
08:24:47 PM (02:21:34) Vote to require that the parkland dedication be as the City Attorney described
through the alternative method, and that in addition to the parkland dedication using the alternative
method that the City Attorney provided, that we accept the $45,672 in improvements satisfying the
parkland requirements as requested by staff. The motion failed 1-4.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Disapprove
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Disapprove
Commissioner - Chris Mehl: Disapprove
Commissioner - I-Ho Pomeroy: Disapprove
08:25:06 PM (02:21:53) Motion that having considered the information provided by staff, considered
public comment, and considered all of the information presented, I hereby adopt the findings as
presented by staff for application 16275 and deny the provision of $45,672 improvements in lieu and
the parkland dedication as suggested, as meeting the required parkland dedication and instead
require payment of $53,700.77 cash-in-lieu.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
08:26:43 PM (02:23:31) Discussion
CR Krauss does not support the motion.
CR Mehl noted we don’t like taking this type of parkland, that this is private, and other places nearby
would benefit from broader use. He supports the staff recommendation.
DM Andrus also supports the staff recommendation and that the cash-in-lieu will go to a more sufficient
park.
CR Mehl discussed the desire to see improvements-in-lieu before the applicant has too much
momentum.
08:37:11 PM (02:26:20) Vote that having considered the information provided by staff, considered
28
Bozeman City Commission DRAFT MINUTES, October 10, 2016
Page 9 of 12
public comment, and considered all of the information presented, I hereby adopt the findings as
presented by staff for application 16275 and deny the provision of $45,672 improvements in lieu and
the parkland dedication as suggested, as meeting the required parkland dedication and instead
require payment of $53,700.77 cash-in-lieu. The motion passed 4-1.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Disapprove
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
08:37:39 PM (02:26:48) Break
Mayor Taylor called a break until 8:35 PM.
08:46:04 PM (02:35:13) Call to Order
Mayor Taylor called the meeting back to order at 8:37 PM.
4. 08:46:15 PM (02:35:24) Public Hearing to Determine Whether Approximately 7.8 Acres of
Real Property Owned by the City Known as the Rouse Justice Center Site is Necessary for the
Conduct of City Business or that the Public Interest May Be Furthered by the Sale of the
Property (Two-Thirds Vote Required) (Kukulski)
08:46:38 PM (02:35:47) Staff Presentation
City Manager Chris Kukulski stated that this is a discussion on need, and if the public’s interest is
furthered through the sale of the property. Mr. Kukulski provided background for the original purchase
of the property. With the sale of this property, the City’s share of the liability of the Law & Justice Center
can be reduced by 15%. He asked that if this is the direction that the staff will come back with a proposal
for sale in November.
08:50:15 PM (02:39:24) Questions of Staff
CR Pomeroy asked if the L&J is passed, when will the City know when the bonds will be issued? Is there
enough time for the City to sell this property in order to borrow less money? She also asked if there was
an updated appraisal. Staff responded in detail, and City Attorney Sullivan stated that this is the exact
process of the North Park sale.
CR Krauss asked if the Commission’s finding today will reduce the debt. He also asked if any other two-
thirds votes will be required. City Attorney Sullivan stated that at every point in the process requires a
two-thirds vote.
CR Pomeroy asked if they have to add “proceeds go to reduce the debt.” City Attorney Sullivan stated
that this only has to happen at the point of ordinance adoption.
29
Bozeman City Commission DRAFT MINUTES, October 10, 2016
Page 10 of 12
DM Andrus asked if there are any strong reasons for the City to retain this property.
08:59:54 PM (02:49:03) Public Comment
Mayor Taylor opened public comment.
09:00:03 PM (02:49:12) Kevin Thane, Public Comment
Mr. Thane believes that dedicating this property to affordable housing instead. The location would be
ideal for an affordable housing unit.
09:01:52 PM (02:51:01) David Osterman, Public Comment
As a potential buyer, Mr. Osterman is unsure about the zoning for housing. He was also curious about
the process for purchasing the property.
09:04:13 PM (02:53:22) Barry Brown, Public Comment
Mr. Brown asked the Commission to view this from a developer’s shoes. Selling it to the highest bidder
makes it easy to be in the publics’ interest. He asked the Commission to take a hard eye on the option of
affordable housing. Highest bidder does not equate to affordable housing.
09:07:35 PM (02:56:44) Public Comment
Mayor Taylor closed public comment.
09:07:41 PM (02:56:50) Discussion
CR Mehl stated that this motion is just the first step, many of the questions brought up will be discussed
in the next step.
CR Krauss asked what the property is currently zoned. Staff responded in detail.
09:12:14 PM (03:01:23) Motion that having considered the information presented by staff and public
comment, I hereby move that should the bond and mill levy election for a new Law and Justice Center
pass on November 8, 2016, the entire City-owned property known as the proposed Rouse Justice
Center site (described as Parcel A of the Amended Plat of Lots 14, 15 & 28 of the Imes’ Addition) will no
longer be necessary for the conduct of City business or the preservation of City property, that the
public interest will be furthered by a market rate sale of the property, and to direct the City Manager
to return to the Commission with a proposal for how to sell the property and all proceeds of the sale
will go to reduce the amount needed to bond the Law and Justice Center.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Cynthia Andrus: 2nd
09:13:55 PM (03:03:04) Discussion
CR Pomeroy stated that she would love to reduce the amount the City needs to borrow. She is also
interested in seeing affordable housing here. She is going to say no to the motion.
DM Andrus will be supporting the motion because it furthers the public interest by decreasing the
30
Bozeman City Commission DRAFT MINUTES, October 10, 2016
Page 11 of 12
amount of money going to paying the bond. She does not believe selling the property precludes any of
the other options of interest.
CR Mehl sees two possibilities, that it is either not needed or the public interest would be furthered by
the sale. He believes it is an AND. He supports the motion.
CR Krauss echoed what CR Mehl stated. He believes the sale of this to the highest bidder to reduce debt
will further the public’s confidence in our fiscal responsibility towards the Law & Justice Center. The
City’s biggest priority has been the Law & Justice Center for a very long time. There are other options for
the shops complex. MDT has plans to complete Rouse, so this furthers the public interest.
Mayor Taylor adopts by reference the previous comments made. The property is very well-situated. The
City Shops can go on much less valuable land. The proposal from staff will determine whether it makes
sense to rezone it first or second, that’s a discussion for later. He supports the motion as stated.
09:23:04 PM (03:12:13) Vote that having considered the information presented by staff and public
comment, I hereby move that should the bond and mill levy election for a new Law and Justice Center
pass on November 8, 2016, the entire City-owned property known as the proposed Rouse Justice
Center site (described as Parcel A of the Amended Plat of Lots 14, 15 & 28 of the Imes’ Addition) will no
longer be necessary for the conduct of City business or the preservation of City property, that the
public interest will be furthered by a market rate sale of the property, and to direct the City Manager
to return to the Commission with a proposal for how to sell the property and all proceeds of the sale
will go to reduce the amount needed to bond the Law and Justice Center. The motion passed 4-1.
Commissioner - I-Ho Pomeroy: 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: Disapprove
I. 09:23:30 PM (03:12:39) FYI/Discussion
1. City Manager Kukulski informed the Commission that the Legislative Committee of the MLCT
board unanimously approved 17 resolutions entering into the 2017 legislative session. He
will provide the Commission with clean copies of the resolutions.
2. City Manager Kukulski noted that the packets this week were very large, and asked for the
Commission’s input on how to proceed with large issues in the future.
CR Krauss does not think quantity is superior to quality. He’d prefer to see more streamlined
reports.
DM Andrus agreed with just having that which is most important in the packet. She also
would like it in electronic format.
CR Krauss would like something portable to bring here.
Mayor Taylor thought it was ridiculous to have so much information.
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Bozeman City Commission DRAFT MINUTES, October 10, 2016
Page 12 of 12
3. City Manager Kukulski reminded the Commission of the ASMSU/Commission meeting this
Thursday at 6:00 PM in MSU SUB Room 235.
4. City Manager Kukulski informed the Commission that the upcoming Strategic Plan Work
Session will be confirmed for November 16th and 17th.
J. 09:32:14 PM (03:21:23) Adjournment
Mayor Taylor adjourned the meeting at 9:22 PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Robin Crough
City Clerk
Approved on: ___________________________________
32
Page 1 of 5
THE CITY COMMISSION OF BOZEMAN, MONTANA AND ASSOCIATED STUDENTS OF MONTANA STATE
UNIVERSITY
MINUTES
Thursday, October 13th, 2016
Mayor Carson Taylor – Present
Deputy Mayor Cyndy Andrus – Present
Commissioner Jeff Krauss – Present
Commissioner Chris Mehl – Present
Commissioner I-Ho Pomeroy - Present
Staff Present: City Clerk Robin Crough, Assistant City Manager Chuck Winn, Interim Community
Development Director Chris Saunders, Neighborhood Coordinator Jessica Johnson, Police Chief Steve
Crawford
1. Call to Order – 6:01 PM – Montana State University, SUB Ballroom B
Mayor Taylor called the meeting of the Bozeman City Commission to order at 6:01 PM.
2. Public Comment – 6:01 PM
Mayor Taylor opened public comment.
Tracy Ellig, Public Comment
Mr. Ellig, Executive Director of University Communications, welcomed the City Commission to the
campus. He let the Commission know that if they have any questions about the university, to call on
staff in the audience.
Mayor Taylor closed public comment.
3. Changes to the Agenda – 6:03 PM
Mayor Taylor noted that Item 4 will be moved until later in the agenda when Police Chief Crawford
will be in attendance.
4. Law and Justice Presentation (Taylor/Crawford) - Moved to Item 7.
5. Affordable Housing Focus on Student Housing Projects or Apartment Projects in Planning or
Potential Areas (Saunders) – 6:04 PM
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Bozeman City Commission DRAFT MINUTES, October 13, 2016
Page 2 of 5
Staff Presentation
Interim Community Development Director Chris Saunders presented the state of affordable housing in
the City of Bozeman. He distributed a map that displays affordable housing projects throughout the city.
Mr. Saunders discussed the need to mobilize and fund infrastructure in the city to keep up with growth,
but it is a continuous challenge. He noted the monthly and annual reports done by the Building Division
if students are interested in more information. Mr. Saunders discussed current growth trends in
Bozeman. He also discussed some current development projects, including the Black Olive.
Questions of Staff
CR Krauss asked Mr. Saunders about the status of the sewer line through the university for nearby
development.
Senator Killian asked why infrastructure spending is expensive for the City.
Senator Campbell asked how close the City is to capacity at the Water Treatment Plant and Water
Reclamation Facility.
Senator Johnson asked if the City has policies regarding stormwater.
6. Walk This Way (Johnson) – 6:17 PM
Staff Presentation
Jessica Johnson discussed the Good Neighbor Committee and the Walk This Way initiative. Ms. Johnson
noted this year the initiative was a pilot program, modeled after UC Boulder and UMass Amherst. She
discussed the mixed reaction on the initiative. She discussed upcoming plans of the Good Neighbor
Committee. This year they will be doing door hangers instead of the good neighbor bags. The
Committee also does an off-campus living class.
Questions of Staff
Mayor Taylor asked if there was any data on improvements in neighborhoods on nights that the Walk
This Way program was in effect. He noted that this is the first year that his political yard sign has not
disappeared.
Senator Falls Down asked Ms. Johnson if this will happen next year.
Senator Windham thanked Ms. Johnson for the information, as students have been curious and possibly
concerned.
Senator Campbell asked if Walk This Way could be considered for the spring. He asked if the Good
Neighbor Committee has talked about doing joint events with the fraternities and sororities. He also
noted other future opportunities for collaboration including the upcoming Renter’s Literacy class.
Senator Falls Down asked why Ms. Johnson chose the route she did.
7. Law and Justice Presentation (Taylor/Crawford) – 6:33 PM
Staff Presentation
Mayor Taylor presented on the joint City/County Law & Justice Center and the evolution of the project
and its joint nature. County Commissioner Don Seifert discussed what’s driving the project, the different
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Bozeman City Commission DRAFT MINUTES, October 13, 2016
Page 3 of 5
entities that would be included in the center. Police Chief Steve Crawford discussed the growth of the
public safety staff using the building. He noted current challenges of the current facility when it comes
to public safety. He specifically talked about Victim Services and shared space with the Sheriff’s
Department. He also discussed the insufficient storage in the facility. Mayor Taylor discussed the cost
breakdown of the project. Commissioner Seifert clarified the cost breakdown between the City and
County. Mayor Taylor clarified the ballot language and the need to vote twice.
Questions of Staff
Senator Zoltek asked about outreach efforts for the project. Buzz Tarlowe, Bozeman attorney and
member of the Friends of Law and Justice noted that the City and County can only educate, not
advocate for the project. He was in attendance to advocate.
Senator Falls Down asked what the completion date would be.
Senator Campbell asked what buildings would be demolished and what the timeline for that would be.
Senator Walker asked why the Rouse Justice Center didn’t pass two years ago.
8. MSU Students’ Experience with the City, Including Living in the City, Downtown Life, Late Night Bus,
and Parking Issues
and
9. Questions for or from MSU/City – 7:05 PM
Questions of the Commission/Staff
Senator Zoltek asked about the possibility of a sales tax in the future.
Senator Campbell commended the City on Main Street. He also discussed the road construction around
campus, specific to Garfield, and its impact on students getting to campus. CR Mehl and CR Krauss
responded in detail. Discussion included additional ways to notify students.
Senator Killian asked how the City’s Transportation Master Plan is taking into account MSU’s Bike
Master Plan. CR Mehl responded in detail. He also asked about greenspace at the Law & Justice Center,
as the design appears to be parking-oriented. Mayor Taylor responded in detail.
Senator Johnson asked if the City has considered car sharing. Interim Director Saunders responded in
detail. CR Mehl also noted alternate transportation’s incentive for less impact fees.
Senator Walker asked what the percentage of students are in the city. CR Krauss responded in detail.
Commuter traffic has a larger effect on population. CR Mehl added. Discussion included the students’
effect on voter numbers as well.
Senator Falls Down commended the City for its work to commemorate Indigenous Peoples’ Day. Mayor
Taylor discussed students’ role on citizen advisory boards.
Public Comment
Mayor Taylor opened public comment.
Emma Bodie, Public Comment
Ms. Bodie discussed the importance of the issue of parking. Biking infrastructure is an important focus
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Bozeman City Commission DRAFT MINUTES, October 13, 2016
Page 4 of 5
area, as well as improved Streamline service, in addition to a car share program. Ms. Bodie also
discussed stormwater runoff, and encouraged the City to look into green infrastructure. Her vision from
Bozeman 40 years from now still includes getting out of the City in 10 minutes. She also encouraged the
City to look at affordable housing.
Matthew Baine, Public Comment
Mr. Baine, a representative of Sustainability Now, discussed long-term sustainable solutions to deal with
growth. He discussed increased promotion of alternative transportation.
Senator Windham encouraged the public commenters to contact Kristen Blackler in the Sustainabililty
Office at MSU.
CR Mehl thanked the Senate for this meeting.
10. Other Topics and Next Meeting – 7:26 PM
Mayor Taylor requested that the Senate come back with ideas for future meaningful meetings. He
thanked the Senate.
CR Pomeroy encouraged the students to get out to vote.
11. Adjournment – 7:28 PM
Mayor Taylor adjourned the meeting at 7:28 PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
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Bozeman City Commission DRAFT MINUTES, October 13, 2016
Page 5 of 5
PREPARED BY:
___________________________________
Robin Crough
City Clerk
Approved on: ___________________________________
37
Page 1 of 9
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, October 17th, 2016
Commissioner - Jeff Krauss: Present
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present Staff Present at the Dais: City Manager Chris Kukulski, City Attorney Greg Sullivan, Deputy City Clerk
Pearl Michalson
A. 05:59:53 PM (00:00:29) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:00 PM.
B. 06:00:02 PM (00:00:38) Pledge of Allegiance and a Moment of Silence
C. 06:00:54 PM (00:01:30) Changes to the Agenda
City Manager Kukulski clarified that an updated and correct addendum was added to a consent
item, provided in front of them.
D. 06:01:25 PM (00:02:01) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the City Manager to Sign a Professional Services Agreement with All Valley
Landscaping Services for Snow Removal at the Bozeman Public Library (Gray)
3. Authorize the City Manager to Sign a Professional Services Agreement with Granite Peak
Hardscape and Landscape for Snow Removal at City Hall, Fire Station 1, Alfred M. Stiff
Professional Building, Creek Side Park, Soroptomist Park, and the Lindley Center (Gray)
4. Ratify the City Manager's Signature on the Notice of Award to Knife River Belgrade for the
North 27th Avenue Expansion Project (Murray)
5. Resolution 4737, Authorizing Change Order Number 1 to the Contract with Knife River
Belgrade for the North 27th Ave Expansion Project (Murray)
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Page 2 of 9
6. Provisional Adoption of Ordinance 1966, the Story Mill Road and Hillside Lane Zone Map
Amendment, Application 16300 (Rice)
06:01:26 PM (00:02:02) City Manager Overview
City Manager Kukulski provided an overview of Consent Items 1-6.
06:03:16 PM (00:03:52) Public Comment on Consent Items 1-6.
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
06:03:33 PM (00:04:09) Motion to approve Consent Items 1-6 as submitted. The motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
E. 06:03:56 PM (00:04:32) Public Comment
Mayor Taylor opened public comment.
06:04:52 PM (00:05:28) Randy Peters, Public Comment
Mr. Peters owns property near the proposed Black Olive project. He and his wife oppose the project,
based on the scale of the project. He is concerned of the precedent it will set. He referenced Bozeman
Municipal Code.
06:07:50 PM (00:08:26) Mary Vant Hull, Public Comment
Ms. Vant Hull presented a 105 signature petition opposing food trucks downtown. She encouraged the
Commission to look at the big picture.
06:10:54 PM (00:11:30) Paul Neubauer, Public Comment
Mr. Neubauer stated that he is a neighbor impacted by the Black Olive project. He formally suggested
that the Commission assert their authority and reclaim the project.
06:12:10 PM (00:12:46) Margaret Bennett, Public Comment
Ms. Bennett also lives near the Black Olive and opposes the project. She discussed growth as a whole in
Bozeman and that developers are reaping more profits than citizens, and the underlying tension. She
encouraged the Commission to slow down.
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06:14:41 PM (00:15:17) Michelle West, Public Comment
Ms. West discussed the Black Olive project. She is concerned about the project and parking, and
encouraged the Commission to do a downtown parking study.
06:15:25 PM (00:16:01) Jack Raneri, Public Comment
Mr. Raneri is a neighbor of the Black Olive project. He discussed the unique nature of downtown
Bozeman encouraged the Commission to consider the historic aesthetic. He is also concerned with the
quality of the work of the developer.
06:17:34 PM (00:18:10) Public Comment
Mayor Taylor closed public comment.
F. 06:17:38 PM (00:18:14) Mayoral Proclamation
1. 06:17:49 PM (00:18:25) Family Promise Week
Mayor Taylor read the Family Promise Week proclamation and proclaimed October 16th-22nd
as Family Promise Week.
2. 06:20:04 PM (00:20:40) American Planning Association's National Community Planning
Month
Mayor Taylor read the American Planning Association’s National Community Planning
Month proclamation and proclaimed his thanks for the planning work done in the
community.
G. 06:22:24 PM (00:23:00) Action Items
• 06:22:33 PM (00:23:09) A Zoning Variance Request from the Accessory Building Height
Requirements in Section 38.21.050.E.2 of the Bozeman Municipal Code, and a Certificate of
Appropriateness to Allow the Completion of a Partially-Constructed Residential Garage with
Five Foot Sidewalls Located at 317 North Ida Avenue, Application 16372 (Quasi-Judicial)
(WerBell)
06:23:10 PM (00:23:46) Staff Presentation
Assistant Planner Mitch WerBell entered his staff report on the Ziemer Garage Variance into the record.
He discussed the location of the project, property details, the applicant’s Certificate of Appropriateness
request, the timeline of the project, the proposed site plan, the associated criteria and requirements,
public notice, public comment, and the recommendation of staff.
06:28:14 PM (00:28:50) Questions of Staff
DM Andrus asked about the reactivation of this proposal, as well as the setbacks granted.
CR Pomeroy asked about what was included in the 2005 building permit.
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Bozeman City Commission DRAFT MINUTES, October 17, 2016
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CR Krauss asked to clarify that this would be an office, not a dwelling.
CR Mehl asked why Mr. WerBell opted not to require the condition that this not be an ADU in the
future. He also asked for clarification of the definition of “habitable area” in the staff report. He asked
what the time limit is for a COA and how long does the Commission need to honor it. Interim Director
Saunders responded in detail.
06:35:35 PM (00:36:11) Public Comment
Mayor Taylor opened public comment.
06:35:44 PM (00:36:20) Chuck Adsman, Public Comment
Mr. Adsman’s property backs up against this property.
06:36:08 PM (00:36:44) Point of Order
Mayor Taylor stated that he mistakenly did not allow the applicant speak in the correct order.
06:36:44 PM (00:37:20) Applicant Presentation
The applicant discussed the timeline and budget of the project, and the change in the Bozeman
Municipal Code. She also noted that the small infill lot precluded her from building a two-car garage. She
also stated that she felt it is important to be respectful to the neighbors that are being infilled-upon. She
plans on installing a snow burm on the roof.
06:40:27 PM (00:41:03) Questions of Applicant
CR Mehl asked the applicant if she had seen the staff report and if she agrees to the conditions.
06:41:02 PM (00:41:38) Public Comment
Mayor Taylor opened public comment.
06:41:08 PM (00:41:44) Chuck Adsman, Public Comment
Mr. Adsman has lived in his residence for many years, and the infill has only increased recently. He does
not have a problem with the original plan, but the extended heights blocks his backyard.
06:42:28 PM (00:43:04) Don Johnson, Public Comment
Mr. Johnson discussed his property location and the COA, which is meant to mitigate impacts to
adjacent property. He further discussed his concern with ice and snow on the roof, as well as retention
systems. He encouraged the Commission to add the retention system to the motion language.
06:49:39 PM (00:50:15) Cynthia Edgeman, Public Comment
Ms. Edgeman stated that she does not agree that allowing this variance will increase property values; it
does not for her property, which impacts her quality of life. It is not historic to have a two-story garage.
She has concerns about the height and drainage of the building.
06:54:17 PM (00:54:53) Applicant Rebuttal
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Page 5 of 9
The applicant stated that she is in agreement that an adequate snow retention method needs to be built
and that she plans to do that.
06:55:46 PM (00:56:22) Public Comment Closed
Mayor Taylor closed public comment.
06:55:53 PM (00:56:29) 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 16372 and move to approve the Ziemer Garage Zoning Variance and Certificate of
Appropriateness with conditions and subject to all applicable code provisions.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
06:56:26 PM (00:57:02) Discussion
CR Pomeroy stated that she understands the neighbors’ complaints, but the applicant is happy to work
with the neighbors. This is also infill and important.
CR Mehl asked if CR Pomeroy would be amenable to a friendly amendment. CR Pomeroy agreed.
06:57:29 PM (00:58:05) Friendly Amendment to add a condition to the Certificate of Appropriateness
to require snow slide safety device be installed and maintained.
06:58:24 PM (00:59:00) Discussion Continued
CR Mehl supports the project for a variety of reasons.
CR Krauss discussed why the Commission hears variances like these, especially regarding infill. He will
only vote for this if the snow maintenance is certain. He also noted concern that the City wasn’t
informed of the shed.
DM Andrus concurs with the previous statements, and added that it is in the character of the
neighborhood.
Mayor Taylor stated he was concerned about the shed, but that shouldn’t determine the denial of the
variance. The conditions for the variance have been met, he supports the motion.
07:08:03 PM (01:08:39) 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 16372 and move to approve the Ziemer Garage Zoning
Variance and Certificate of Appropriateness with conditions and subject to all applicable code
provisions. The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
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Bozeman City Commission DRAFT MINUTES, October 17, 2016
Page 6 of 9
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
• 07:08:17 PM (01:08:53) A Conditional Use Permit (CUP) to Allow the Sales of Alcohol for On-
Premise Consumption in the Sidewinders Restaurant at 780 Boardwalk Avenue, Application
16384 (Quasi-Judicial) (Owens)
07:08:54 PM (01:09:30) Staff Presentation
Associate Planner Rebecca Owens entered her staff report into the record. She presented on the
Conditional Use Permit Request at the already-approved Sidewinders Restaurant. She discussed the site
detail, property layout, floor plan, findings of the criteria, public notice, no public comment, and the
recommendation of the DRC.
07:13:54 PM (01:14:30) Questions of Staff
CR Mehl asked if anything changed in the floorplan from the initial view. He noted that the conditions of
approval varied between this CUP and the upcoming CUP next on the agenda.
07:15:51 PM (01:16:27) Applicant Presentation
Karen Caroline, representative for the owner, completely agrees with the staff report and to all the
conditions.
07:16:28 PM (01:17:04) Questions of Applicant
There were no questions for the applicant.
07:16:39 PM (01:17:15) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:16:55 PM (01:17:31) 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 16384 and move to approve the conditional use permit with conditions and subject to
all applicable code provisions.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
07:17:13 PM (01:17:49) Discussion
CR Mehl stated this is straight-forward. He requested that staff come up with a template in the future
for all CUPs.
CR Krauss noted that there are a lot of people in that area of town, and this is within walking distance.
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Page 7 of 9
He supports the application.
DM Andrus supports the application as the site fits the use.
CR Pomeroy is glad to see that area developed, and supports the motion.
07:19:37 PM (01:20:13) Vote that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for application 16384 and move to approve the conditional use permit with conditions and subject to
all applicable code provisions. The motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
• 07:19:51 PM (01:20:27) A Conditional Use Permit (CUP) to Allow the Sales of Alcohol for On-
Premise Consumption in the Existing Permitted Un-Knotted Restaurant at 708 North Rouse
Ave, Application 16383 (Quasi-Judicial) (Rice)
07:20:15 PM (01:20:51) Staff Presentation
Associate Planner Mayana Rice entered the staff report into the record. She discussed the site and the
Conditional Use Permit request, neighboring land and use, the lack of proposed changes to the
site/interior, the findings, public notice, and the recommendation of the DRC and staff, and the five
conditions.
07:25:41 PM (01:26:17) Questions of Staff
CR Mehl asked about the expansion conditions not present.
DM Andrus asked about the hours provided by the applicant.
07:27:18 PM (01:27:54) Applicant Presentation
The applicant, Kristin Nelson, noted that the restaurant is very new and agrees with all staff conditions.
They respect the neighborhood and don’t plan on being disruptive, and have no intention to become a
bar or late night. Currently they close at 3:00 PM and would like to extend to 7:00 PM in the future.
07:29:02 PM (01:29:38) Questions of Applicant
DM Andrus asked to clarify if they will be closing at 7:00 PM.
07:29:33 PM (01:30:09) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
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Bozeman City Commission DRAFT MINUTES, October 17, 2016
Page 8 of 9
Mayor Taylor closed public comment.
07:29:51 PM (01:30:27) 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 16383 and move to approve the conditional use permit with conditions and subject to
all applicable code provisions.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:30:11 PM (01:30:47) Discussion
CR Krauss noted the difficulty of access at the location, but he does support the CUP. He does endorse
the idea of incorporating the minutes into the record.
DM Andrus does believe the application fits the area and will not have an adverse effect on the public,
and she supports the application.
CR Pomeroy supports the motion.
07:33:04 PM (01:33:40) Vote that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for application 16383 and move to approve the conditional use permit with conditions and subject to
all applicable code provisions. The motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
H. 07:33:17 PM (01:33:53) FYI/Discussion
• Mayor Taylor stated that he was going to put the question of whether the Commission
reclaims the Black Olive project on the agenda for next Monday.
• City Manager Kukulski noted that Alicia Kennedy is the new Executive Assistant in the City
Manager’s office.
I. 07:34:26 PM (01:35:02) Adjournment
Mayor Taylor adjourned the meeting at 7:34 PM.
___________________________________
Carson Taylor
Mayor
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Page 9 of 9
ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Robin Crough
City Clerk
Approved on: ___________________________________
46
Page 1 of 14
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, October 24th, 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. 06:01:09 PM (00:02:41) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:01 PM.
B. 06:01:17 PM (00:02:49) Pledge of Allegiance and a Moment of Silence
C. 06:02:08 PM (00:03:40) Changes to the Agenda
D. 06:02:15 PM (00:03:47) Public Service Announcements
1. No City Commission Meeting on Monday, October 31st, 2016
City Clerk Crough notified the Commission that there would be no Commission meeting due
to a fifth Monday, but City offices are still open and services will be normal.
E. 06:02:54 PM (00:04:26) Consent
CR Mehl requested to pull Consent Item 11 to learn more about it.
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Appoint a Sub-Committee of Two Commissioners to Review the Depository Bonds and
Pledged Securities as of September 30, 2016 (Clark)
3. Authorize the Mayor to Sign the Findings of Fact and Order for the Lakes at Valley West Phase
3 Major Subdivision Preliminary Plat, Application 16320 (Quasi-Judicial) (Saunders)
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Bozeman City Commission DRAFT MINUTES, October 24th, 2016
Page 2 of 14
4. Authorize the City Manager to Sign a Memorandum of Agreement with Gallatin County and
the Association of Gallatin Agricultural Irrigators for an Education Campaign Regarding Water
Mitigation Options in the Gallatin Valley (Woolard)
5. Authorize the City Manager to Sign a Water Pipeline and Access Easement and Agreement
with First Interstate Bank and Rocky Mountain Bank for the KMB-SJB Master Site Plan
Application (Kohtz)
6. Authorize the City Manager to Sign a Temporary Storm Water Facility Easement and Public
Street and Utility Easement with Bon Ton Inc. for the Graf Street Extension from South 15th
Avenue to Macnab Street (Kohtz)
7. Authorize the City Manager to Sign a Public Access Easement with Tange Family, LLC for the
1001 Oak Street Plan Modification (Kohtz)
8. Authorize the City Manager to Sign the First Addendum to the Professional Services
Agreement with The Nest Collective, LLC for Public Works Department Public Relations
Services (Woolard)
9. Authorize the City Manager to Sign Task Order Number 2 to the Professional Services
Agreement with Sanderson Stewart for the Westlake BMX Park Master Plan (Fine)
10. Authorize the City Manager to Sign Amendment Number 1 to the Professional Services
Agreement with Morrison-Maierle for the Sunset Hills Cemetery and Lindley Park Water
Conservation Project (Leoniak)
11. Authorize the Director of Public Works to Sign a Payment Agreement with the Montana
Department of Transportation for Mill and Overlay Costs on South 19th Avenue (Woolard)
12. Resolution 4724, Authorizing the City Manager to Execute an Agreement with Police Officer
Bryan Moen for the Transfer of Nyah, Retired Police K9 (Crawford)
06:03:16 PM (00:04:48) City Manager Overview
City Manager Kukulski gave an overview of Consent Items 1-12.
06:05:26 PM (00:06:58) Public Comment on Consent Items 1-10, and 12
Mayor Taylor opened public comment on Consent Items 1-10, and 12.
There was no public comment.
Mayor Taylor closed public comment.
06:05:50 PM (00:07:22) Motion and Vote to approve Consent Items 1-10 and Consent Item 12 as
submitted. The motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Jeff Krauss: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
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Bozeman City Commission DRAFT MINUTES, October 24th, 2016
Page 3 of 14
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
Mayor Taylor stated that Consent Item 11 will move to the end of the agenda, before FYI.
F. 06:06:42 PM (00:08:14) Public Comment
06:07:36 PM (00:09:08) Edward Sypinski, Public Comment
As the Prevention Specialist with Gallatin County Drug Services, Mr. Sypinski thanked the Mayor for
proclaiming Red Ribbon Week. Montana has one of the highest highway fatality rates, and many are
caused by impairment. He also discussed youth drinking in the county.
06:09:29 PM (00:11:01) Bob Cruz, Public Comment
Mr. Cruz discussed his proximity to the Black Olive project and his housing and office adjacent to the
project. He is concerned of parking associated with the project and nearby offices. He also asked for a
noise ordinance enforced during construction.
06:13:09 PM (00:14:41) Public Comment Closed
Mayor Taylor closed public comment.
G. 06:13:13 PM (00:14:45) Mayoral Proclamation
1. Red Ribbon Week
Mayor Taylor proclaimed the week of October 23rd – 31st, 2016 as Red Ribbon Week.
H. 06:15:30 PM (00:17:02) Special Presentation
1. Introduction of the City of Bozeman's New Community Development Director
City Manager Kukulski introduced Marty Matsen as the City’s new Community Development
Director.
Community Development Director Marty Matsen stated he was pleased, excited, and grateful to
join the City.
I. 06:18:13 PM (00:19:45) Action Items
1. 06:18:17 PM (00:19:49) Reclaim Review Authority of Applications for Development Located
at 202 South Black Avenue, Application 16432 (Quasi-Judicial) (Krueger)
06:18:29 PM (00:20:01) Staff Presentation
Assistant Community Development Director Chris Saunders discussed the reclaim process. He discussed
the timeline of the application, as well as what was submitted. He discussed the change in motion
language proposed to not specify a date for the item to come back before the Commission.
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Page 4 of 14
06:24:19 PM (00:25:51) Questions of Staff
DM Andrus asked why the Commission is reclaiming this, and what is the criteria for reclaims.
06:25:22 PM (00:26:54) Applicant Presentation
Andy Holleran, applicant, supports the revised motion to reclaim the project. The topic of density vs.
sprawl is worthy of discussion. Specific to the Black Olive, he stated that this project is the poster child of
the Downtown Improvement Plan.
06:26:47 PM (00:28:19) Public Comment
Mayor Taylor opened public comment.
06:27:03 PM (00:28:35) Alan Kesselheim, Public Comment
Mr. Kesselheim encouraged the Commission to reclaim the project because of the level of community
concern.
06:27:31 PM (00:29:03) Jeannie Wilkinson, Public Comment
Ms. Wilkinson is in support of the Commission reclaiming the project. In the last public meetings she’s
attended, there has been a large amount of turnout. She stated that this is an opportunity for the
Commission. She relayed another citizen’s concern that this project needs to slow down, and that this
project will set the precedent for future development downtown.
06:29:41 PM (00:31:13) Brian Segel, Public Comment
Mr. Segel agrees that this project will set the precedent. People are changing neighborhoods because of
this project. He is also concerned with traffic in the area.
06:31:25 PM (00:32:57) Alexandra Yenekos, Public Comment
Ms. Yenekos owns a nearby building, and she questions why the BMC exists to reclaim projects, and this
is the right opportunity to do so. She discussed the planning atmosphere in Bozeman and challenges.
06:36:19 PM (00:37:51) Loretta Domechesky, Public Comment
Ms. Domechesky discussed that the Commission should consider height, parking, and traffic. She
encouraged the Commission to think about the quality of downtown and to start creating other
neighborhoods.
06:38:40 PM (00:40:12) Mary Patstetzer, Public Comment
She encouraged the Commission to take the project on. She would like it to be further discussed with
the neighbors, City, etc., and she’d like it to be a sustainable building.
06:39:42 PM (00:41:14) Public Comment Closed
Mayor Taylor closed public comment.
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06:39:47 PM (00:41:19) Motion that Pursuant to Section 38.34.010.B(2), I move that the City
Commission reclaim original review authority for the Black Olive Site Plan and Certificate of
Appropriateness application, Application 16432.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:40:10 PM (00:41:42) Discussion
CR Krauss stated that a number of Commissioners were interested in reclaiming this project, and that
reclaims have been done before. The reclaim process closes the loop legislatively. He reminded the
public that the Commission will not be able to have meetings regarding the project.
CR Pomeroy agreed with CR Krauss that the project has received a lot of attention and that it is worth
discussion.
CR Mehl agreed with the previous comments and discussed the process of reclaims. This will create an
opportunity for new comment, but because it’s quasi-judicial, the Commission will no longer be able to
discuss it with the community.
DM Andrus also supports the motion. It’s important to her that the public wants to have further
conversation about this.
Mayor Taylor also supports the motion, and that the Commission is willing to take the heat on the
discussion of the project.
06:50:25 PM (00:51:57) Vote that Pursuant to Section 38.34.010.B(2), I move that the City Commission
reclaim original review authority for the Black Olive Site Plan and Certificate of Appropriateness
application, Application 16432. 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. Continued 06:50:47 PM (00:52:19) Consent Item 11
11. Authorize the Director of Public Works to Sign a Payment Agreement with the Montana
Department of Transportation for Mill and Overlay Costs on South 19th Avenue (Woolard)
06:51:23 PM (00:52:55) Staff Presentation
Public Works Director Craig Woolard discussed the mill and overlay project done by Montana
Department of Transportation on South 19th Ave.
06:53:37 PM (00:55:09) Questions of Staff
CR Mehl asked how often the City pays for state road improvements. He asked if there was new
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leadership at MDT.
DM Andrus asked why this wasn’t initially included in the contract.
06:58:15 PM (00:59:47) Public Comment
Mayor Taylor opened comment on Consent Item 11.
There was no public comment.
Mayor Taylor closed public comment.
06:59:06 PM (01:00:38) Discussion
CR Mehl discussed instructing the City Manager and Public Works Director to encourage MDT to come
and discuss this issue.
DM Andrus believes a discussion with MDT would be fruitful.
Mayor Taylor stated that his inclination would be to table this until MDT comes to discuss.
07:01:27 PM (01:02:59) Questions of Staff
Mayor Taylor asked if there is any penalty to the City for not paying. Director Woolard responded.
07:02:12 PM (01:03:44) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:02:19 PM (01:03:51) Motion and Vote to table Consent Item 11. The motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
2. 07:03:06 PM (01:04:38) Provisional Adoption of Ordinance 1915, Amending Section 38.39.070
to Establish Criteria and Procedures for Accepting Cash In-Lieu of Capital Facilities; and
Provisional Adoption of Ordinance 1959, Amending Articles 38.24 and 38.34 to Establish
Standards for Granting a Waiver from the Intersection Level of Service Requirements City-
Wide; Text Amendment Application 16377 (WerBell)
07:03:36 PM (01:05:08) Staff Presentation
Planner Mitch WerBell discussed the cash in-lieu of capital facilities program. He discussed that
Ordinance 1915 is setting criteria for the Director of Public Works to accept cash in-lieu. Mr. WerBell
discussed the process as well as the criteria of evaluation. He transitioned to the second part of the item
and discussed the intersection level of service waiver. He discussed the criteria for the waiver, as well as
some related information. He stated the criteria for evaluation, public comment received, and the
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recommendation of staff, the Zoning Commission, and the Planning Board.
07:12:56 PM (01:14:28) Questions of Staff
DM Andrus asked Mr. WerBell to give an example of projects where accepting cash in-lieu is preferable
to completing the project. She also asked Mr. Woolard to clarify how they mitigate the risk of collecting
the correct amount of money for projects. She also asked Mr. Woolard if he was willing to give a
cumulative update to the Commission. She also asked to what extent safety comes to play when
lowering the standard for some projects. She asked about the redundancies in the ordinances brought
up by the Zoning Commission and Planning Board. City Attorney Sullivan responded.
CR Pomeroy asked what kind of circumstances the level of service ordinance would be used. She asked
if the City’s policy of annexation needs to be changed to help acquiring right-of-way. She also asked
about current annexation policy.
City Manager reminded the Commission of requirement of right-of-way.
CR Mehl asked about the requirement of all four criteria in the ordinance. He asked about the
requirement of commencement vs. completion of construction. He asked if the waiver is consistently
now three instead of one year. He confirmed that the waiver needs to be in the public interest.
CR Krauss asked to confirm that the third criteria of annexation is that the property needs to be
adjacent, and if annexation was addressed in the UDC. City Attorney Sullivan responded in detail.
07:31:11 PM (01:32:43) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:31:25 PM (01:32:57) Motion that having reviewed and considered the text of the ordinance, staff
report, application materials, public comment, the deliberations and recommendations of the Zoning
Commission and Planning Board at the October 4, 2016 joint public hearing and all information
presented, I hereby adopt the findings presented in the staff report for text amendment Application
16377 and move to provisionally adopt Ordinance 1915, Cash In-Lieu of Capital Facilities.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
07:32:15 PM (01:33:47) Discussion
CR Pomeroy stated that the city is growing and needs more flexibility.
07:32:33 PM (01:34:05) CR Mehl added a Friendly Amendment to bring a report back during the CIP
process twice a year, if applicable. CR Pomeroy agreed. The amendment would be continued and
applicable to Ordinance 1959 as well.
07:33:42 PM (01:35:14) Discussion Continued
CR Mehl supports the motion.
DM Andrus also supports the motion, especially because the projects are small and in a 3 year timeline.
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CR Krauss was concerned that the risks will exist that the cash taken in will be less. He stated that
they’re doing this because they trust the Public Works Director to implement this correctly. He discussed
the burden on the Administrative Services department to track these small bits of money.
Mayor Taylor supports the motion, acknowledging there is a tendency to rely on the trust of the
director.
07:39:35 PM (01:41:07) Vote that having reviewed and considered the text of the ordinance, staff
report, application materials, public comment, the deliberations and recommendations of the Zoning
Commission and Planning Board at the October 4, 2016 joint public hearing and all information
presented, I hereby adopt the findings presented in the staff report for text amendment Application
16377 and move to provisionally adopt Ordinance 1915, Cash In-Lieu of Capital Facilities. The motion
passed 5-0.
Commissioner - I-Ho Pomeroy: 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
07:39:52 PM (01:41:24) Motion that having reviewed and considered the text of the ordinance, staff
report, application materials, public comment, the deliberations and recommendations of the Zoning
Commission and Planning Board at the October 4, 2016 joint public hearing and all information
presented, I hereby adopt the findings presented in the staff report for text amendment Application
16377 and move to provisionally adopt Ordinance 1959, Intersection Level of Service Waiver, including
required staff report twice a year.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Friendly Amendment to bring a report back during the CIP process twice a year, if applicable. Friendly
amendment pulled from previous Ordinance 1915, see minutes above.
07:40:49 PM (01:42:20) Discussion
CR Pomeroy restated that the City is growing, and this gives the City more flexibility.
CR Mehl stated that with the time restriction and reporting on how it’s working, it provides flexibility
that can be used occasionally.
CR Krauss discussed occasional variances on intersections, but that this addresses a smaller subset. He is
still concerned of the cumulative effects.
CR Pomeroy also added that the term of 3 years indicates it might be hard, but might work.
Mayor Taylor stated that this is an accommodation that probably needs to be made. He appreciates the
time, energy, and effort that all involved have committed.
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07:47:48 PM (01:49:20) Vote that having reviewed and considered the text of the ordinance, staff
report, application materials, public comment, the deliberations and recommendations of the Zoning
Commission and Planning Board at the October 4, 2016 joint public hearing and all information
presented, I hereby adopt the findings presented in the staff report for text amendment Application
16377 and move to provisionally adopt Ordinance 1959, Intersection Level of Service Waiver. The
motion passed 5-0.
Commissioner - I-Ho Pomeroy: 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
07:48:18 PM (01:49:50) Break
Mayor Taylor called a break until 7:56 PM.
07:59:34 PM (02:01:06) Called to Order
Mayor Taylor called the meeting back to order at 7:59 PM.
3. 07:59:42 PM (02:01:14) Public Hearing on Changes to the Unified Development Code for
Covenants and Condominium Associations, Application 15320 (Rice)
07:59:54 PM (02:01:26) Staff Presentation
Associate Planner Mayana Rice discussed revisions to Covenants and Property Owner Associations. She
discussed the reasons for change, as well as the primary proposed changes. She discussed the criteria
for evaluation. She noted the public comment (none) and the public hearings conducted. DRC
recommended approval.
08:04:18 PM (02:05:50) Questions of Staff
CR Pomeroy asked if this makes the language clearer, and if it’s possible to make the language shorter
and more concise. She asked if this means that common areas will be kept up. She asked for clarification
about a project referenced in the minutes.
08:07:59 PM (02:09:31) Point of Order
Mayor Taylor informed CR Pomeroy that the project she was asking about has nothing to do with this
motion, and is just included in the full minutes.
08:08:46 PM (02:10:18) Questions of Staff Continued
CR Mehl asked if the City was satisfied with the common property definition by list. City Attorney
Sullivan responded in detail.
DM Andrus asked about defining property deeded.
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CR Krauss asked if any homeowner associations take care of medians. Assistant Community
Development Director Saunders responded that some do. Discussion continued on medians and
maintenance. City Attorney Sullivan responded referencing code.
Mayor Taylor asked if Ms. Rice thought medians should be added to the list. City Attorney Sullivan
clarified that if the Commission was interested in seeing adjustments, the list would be adjusted at the
provisional adoption of the UDC ordinance in 2017.
08:19:09 PM (02:20:41) Public Comment
Mayor Taylor opened public comment.
08:19:21 PM (02:20:53) Kevin Thane, Public Comment
Mr. Thane stated that staff’s recommendations need to be reworked since the code at this point is
confusing, there are contradictions in what is practiced and what is written, and it has adverse effects on
affordable housing. Mr. Thane read aloud a recommended change. He discussed the wording that stated
that some of the listed categories needs to be deeded to the property association. He reiterated its
effect on affordable housing.
08:24:47 PM (02:26:19) Public Comment Closed
Mayor Taylor closed public comment.
08:24:49 PM (02:26:21) Questions of Staff
CR Krauss asked if the City actually requires the deed, but there could be a subdivision where it is, and in
that case these requirements apply. City Attorney responded in detail.
08:28:56 PM (02:30:28) Public Hearing Closed
08:29:02 PM (02:30:34) Motion that having reviewed and considered the application materials, public
comment, recommendation of the Planning Board and Zoning Commission, and all the information
presented, I hereby adopt the findings presented in the staff report for application 15320 and move to
approve the text amendment and direct staff to integrate these provisions as part of the update to the
Unified Development Code amendment.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
08:30:14 PM (02:31:46) Discussion
CR Mehl stated the staff needs to hear the comments made and incorporated in the spring.
DM Andrus is generally supportive as well and agrees with CR Mehl.
CR Krauss discussed past parks that the City took on maintenance. There should be clarification of
optional and required. He addressed the public comment and affordability issues.
Mayor Taylor agreed with CR Krauss, suggesting defining the terms of common property. There should
be case-by-case considerations of affordable housing circumstances.
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CR Mehl stated that he didn’t think that common property could be defined, but then decided on the
list. Assistant Director Saunders stated that common property will be defined in the next item, on page
302 of the packet, number 27. CR Mehl asked why this wasn’t brought up earlier in the evening if there
was already a list, and he also asked if there should be a centralized definition referred to elsewhere
instead of list/definitions across code. He stated that he’s going to vote against this motion so staff has
more time to go back and revise.
CR Krauss is going to vote for the motion. The conundrum can be fixed with wording.
CR Mehl asked if CR Krauss’s proposal is to just clean it up?
Mayor Taylor will support the motion, but also ask for staff to clean it up.
DM Andrus is not going to support the motion, as it’s becoming too confusing.
08:44:39 PM (02:46:11) Vote that having reviewed and considered the application materials, public
comment, recommendation of the Planning Board and Zoning Commission, and all the information
presented, I hereby adopt the findings presented in the staff report for application 15320 and move to
approve the text amendment and direct staff to integrate these provisions as part of the update to the
Unified Development Code amendment. The motion failed 2-3.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Deputy Mayor - Cynthia Andrus: Disapprove
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Disapprove
Commissioner - Chris Mehl: Disapprove
Commissioner - I-Ho Pomeroy: Approve
4. 08:45:18 PM (02:46:50) Public Hearing on Changes to the Unified Development Code for the
Subdivision Review Process of Major and Minor Subdivisions and Required Associated
Supporting Materials, Application 14642 (Saunders)
08:45:40 PM (02:47:12) Staff Presentation
Assistant Director Saunders entered the item into the record, and discussed the subdivision process,
much of which is compelled by the state. He discussed significant changes at the state level. He also
noted this was a number of clarifications and cleanups. There are 31 sections in the ordinance, so it will
be one of the larger ones. He discussed the criteria for evaluation, public comment, and the
recommendation of the DRC and Planning Board. This one is a little unique in that some edits might be
coming up from the 2017 legislative session.
08:53:26 PM (02:54:58) Questions of Staff
DM Andrus asked if there are any substantive changes. She asked what percentage of the changes is
due to the state’s changes, and the rest clerical. City Attorney provided further detail about changes.
CR Pomeroy asked if a few of the terms/criteria were contradictory. She also asked about the minutes
and the approval process of the City Attorney’s office. CR Mehl provided some context. CR Pomeroy also
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asked if the Planning Board was comfortable with the materials provided by staff. As Commission
liaison, CR Mehl responded.
Mayor Taylor asked if they should approve this subtracting the common property definition.
09:08:57 PM (03:10:29) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
09:09:04 PM (03:10:36) 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 14642 and move to approve text amendment and direct staff to integrate these
provisions as part of the update to the Unified Development Code.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Jeff Krauss: 2nd
09:09:56 PM (03:11:28) CR Mehl added a Friendly Amendment that application 14642 would be done
in coordination with application 15320. DM Andrus and CR Krauss agreed.
09:10:22 PM (03:11:54) Discussion
DM Andrus stated that given the clarification of Assistant Director Saunders, that it makes sense to
make these changes.
CR Krauss stated that this is his third UDC rewrite, and he is comfortable making ad hoc changes from
the dais. He stated that this will still have bad, unintended consequences.
CR Pomeroy agreed with CR Krauss, but that we try to do the best we can.
CR Mehl stated that he was in agreement with the staff amendment.
Mayor Taylor stated that there are times in the past when they have made changes from the dais.
Today was not the right circumstance to do so.
09:14:43 PM (03:16:15) Vote that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for application 14642 and move to approve text amendment and direct staff to integrate these
provisions as part of the update to the Unified Development Code. The motion passed 5-0.
Deputy Mayor - 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
J. 09:15:17 PM (03:16:49) FYI/Discussion
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1. Mayor Taylor acknowledged Deputy Mayor Andrus’ birthday.
2. City Attorney Sullivan responded concerning the noise allowances in the summer vs. winter.
3. City Manager Kukulski discussed the upcoming Strategic Planning discussion, and that the
16th and 17th will no longer need to be held. They are now looking at December 8th or 9th.
4. City Clerk Crough asked the Commission about upcoming packet printing preferences.
K. 09:20:36 PM (03:22:08) Adjournment
Mayor Taylor adjourned the meeting at 9:20 PM.
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.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Robin Crough
City Clerk
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Approved on: ___________________________________
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