HomeMy WebLinkAbout12-12-16 CC Mtg - MIN. November 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 November 7, November 14, November 21, and November 28, 2016, and User
Access to Linked Minutes.
MEETING DATE: December 12, 2016 AGENDA ITEM TYPE: Minutes
NOTE: For PCs, your internet browser must be Internet Explorer Version 10 or higher. Google
Chrome, Firefox or Safari all work as well. To view the video and the minutes of November 7, 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 November 14, 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 November 21, 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 November 28, 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 minutes as
submitted.
SUGGESTED MOTION: I move to approve the combined City Commission Minutes from
November 7, November 14, November 21, and November 28, 2016 as submitted.
BACKGROUND: In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included:
• Live streaming broadcast of the City Commission Meeting
• Meeting efficiency
• Better access of meeting information for staff and the public
• Time savings
• Streamlined approach to citizen involvement and public comment
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AV Capture was chosen as the vendor to perform these services, and subsequently implemented.
Since August of 2013, the City Commission Minutes have been linked with audio and video. Along
with the City Commission, other City Advisory Boards are beginning to utilize the system as well.
LOCATION: The AV Capture Archives and Live Streaming of City Commission Minutes and Meetings can be found at www.bozeman.net by choosing the “I want to…” icon, and selecting
the final link “Watch a commission or board meeting video.”
VIEWING: Selecting a meeting should automatically start the video. The draft minutes and all associated materials from the meeting are located under the video in the Attached Documents area, as well as the final minutes once approved. Users can then can click on each time-stamped
hyperlink to find the section that they wish to view from the meeting. If the video does not
automatically start at that point, the user may need to press play on the video itself.
The City Commission Minutes are archived in a variety of ways due to State records retention guidelines. They are part of the Commission’s Meeting Packets as a DRAFT and are finally
scanned with a wet signature and archived as a permanent record in electronic format. Both have
separate retention times.
Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance.
ALTERNATIVES: As suggested by Commission.
FISCAL EFFECTS: None.
Attachments: Draft Minutes
Report Prepared on December 6, 2016
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Page 1 of 11
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, November 7th, 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: City Manager Chris Kukulski, City Attorney Greg Sullivan, and Deputy City Clerk Pearl
Michalson.
A. 06:01:46 PM (00:01:58) 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. 06:01:50 PM (00:02:02) Pledge of Allegiance and a Moment of Silence
C. 06:02:51 PM (00:03:03) Changes to the Agenda
There were no changes to the agenda.
D. 06:02:54 PM (00:03:06) Public Service Announcements
1. City Offices Closed November 8, 2016 for Election Day and November 11, 2016 for Veterans'
Day
E. 06:03:32 PM (00:03:43) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approval of Depository Bonds and Pledged Securities as of September 30, 2016 (Clark)
3. Approve a Beer and Wine License for Rocky Mountain Un-Knotted, LLC of Bozeman, Montana
to Sell Beer and Wine at 708 North Rouse Avenue (Pitcher/Clark)
4. Approve the Final Plat for the Southbridge Phase 5 Subdivision and Authorize the Director of
Public Works to Execute the Same on Behalf of the City of Bozeman (Rogers)
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Bozeman City Commission DRAFT MINUTES, November 7, 2016
Page 2 of 11
5. Authorize the Mayor to Sign the Findings of Fact and Order for the Lakes at Valley West Phase
3 Preliminary Planned Unit Development, Application 16319 (Quasi-Judicial) (Saunders)
6. Authorize the City Manager to Sign an Easement Agreement with the Help Center, Inc. for
Private Well Access (Poissant)
7. Authorize the City Manager to Sign a Water Pipeline and Access Easement and Agreement, a
Release and Reconveyance of Easements (20' Wide Utility Easement), and a Release and
Reconveyance of Easements (Sewer and Water Pipeline and Access Easement) with Montana
Growth Opportunities LLC for the Town Pump Number 7 Site Plan Modification (Kohtz)
8. Authorize the City Manager to Sign a Professional Services Agreement with think2perform for
Professional Development for Mid and Upper Level Management (Winn)
9. Authorize the City Manager to Sign a Software as a Service Agreement with FATHOM Water
Management Inc. for Customer Water Usage Data Presentment Services (Leoniak)
10. Authorize the City Manager to Sign Addendum 1 to the License Agreement with Bozeman
Fiber for the Use of City Conduit (Fine)
11. Authorize the City Manager to Sign Amendment 6 to the Professional Services Agreement
with Morrison-Maierle for the North 7th Avenue Lighting and Sidewalk Project (Fine)
12. Authorize the City Manager to Notify Crowley Fleck of Selection as Lobbyist for 2017 Montana
Legislature and Authorize the City Manager to Sign a Professional Services Agreement Upon
Approval of City Attorney (Kukulski)
13. Resolution 4735, Intent to Create a Special Improvement Lighting District 736 for The Crossing
at Baxter Meadows Phase 4F (Clark)
14. Resolution 4739, Supporting the Application to the Big Sky Economic Development Trust Fund
Program Administered by the Montana Department of Commerce, on Behalf of onXmaps
(Fontenot)
15. Resolution 4746, Authorizing Change Order Number 3 with Saunders Line Construction for
the 2016 Downtown and North 7th Conduit Project (Fine/Naumann)
16. Ordinance 1667 Final Adoption, a Zone Map Amendment to Establish Zoning of R-2 at 2829
West Babcock Street, Application Z-05182 (Saunders)
17. Ordinance 1915 Final Adoption, a Text Amendment of the Bozeman Municipal Code to
Establish Criteria and Procedures for Accepting Cash In-Lieu of Capital Facilities, Application
16377 (WerBell)
18. Ordinance 1959 Final Adoption, a Text Amendment of the Bozeman Municipal Code to
Establish Standards for Granting a Waiver from the Intersection Level of Service
Requirements, Application 16377 (WerBell)
19. Ordinance 1966 Final Adoption, a Zone Map Amendment to Revise the Zoning Map from R-2
(Residential Medium Density) to R-4 (Residential High Density) on a Portion of a Parcel on
0.880 Acres Located at Story Mill Road and Hillside Lane, Application 16300 (Rice)
06:03:41 PM (00:03:53) City Manager Overview
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Bozeman City Commission DRAFT MINUTES, November 7, 2016
Page 3 of 11
City Manager Kukulski gave a brief overview of consent items 1-19.
06:06:56 PM (00:07:07) Public Comment on Consent Items 1-19
Mayor Taylor opened public comment on Consent Items 1-19.
There was no public comment.
Public Comment was closed.
06:07:17 PM (00:07:29) Motion and Vote to approve Consent Items 1-19 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. 06:07:28 PM (00:07:40) Public Comment
Mayor Taylor opened general public comment.
There was no public comment.
Public comment was closed.
G. 06:08:50 PM (00:09:02) Action Items
1. 06:08:50 PM (00:09:02) Adoption of Story Mill Community Park Master Plan (Poissant)
Supplemental Materials:
06:09:17 PM (00:09:29) Questions
CR Krauss asked if the commission received a copy of the Master Plan and made a point of order that
the commission only got references of the plan and not enough information on what the master plan
was. The presentation should be to call attention to the points that were given in the plan.
Mayor Taylor stated that the commission would listen to the staff presentation before deciding if they
would move forward with discussing the presentation as expected or move this discussion to a later
date.
06:11:48 PM (00:12:00) Staff Presentation
Carolyn Poissant gave a brief overview of the adoption of the Story Mill Community Park Master Plan.
The park layout and phasing plan such as turning lanes, splash pads, teaching gardens, and bridges was
discussed. Public comment, road construction along Griffin road was discussed. Program elements such
as custom playground elements, open lawn and picnicking, parking for up to 170 vehicles, an interactive
water feature, restrooms, offices and other improvements on the 60 acre lot was discussed. Illustrations
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Bozeman City Commission DRAFT MINUTES, November 7, 2016
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were shown to demonstrate what the future changes would look like.
06:25:26 PM (00:25:38) Questions for Staff
Mayor Taylor asked about the Story Mill Community Park master plan and where the electronic location
was and verified that the commission only received an electronic copy and not a hard copy of the
master plan.
CR Pomeroy asked about the money that was allocated for the park infrastructure, the trust for the
public land
CR Krauss asked what the result of the park and recreation board on the master plan and stated that
this was not in the original report and asked how many public hearings were held. Clarification about
the phase one improvement process was asked which the staff responded. Clarification about what the
commission was approving was asked.
Carolyn Poissant gave a breakdown about how changes to a park is done between the Park and
Recreation Board and Community Development.
CR Krauss also asked staff to clarify and breakdown the budget in this master plan.
DM Andrus asked if there were no other waivers in this park plan would this not come back to the
commission. Staff responded that they would not. Completion date of phases and what would be
completed in each phase was asked about and discussed by staff. Pitfalls and unforeseen
circumstances were discussed between the commission and staff.
CR Mehl asked staff to clarify the requirements of public meetings and asked to speak to Sean Kotz
CR Mehl asked staff what would trigger the city to work on arterial and collector streets? Mr. Kotz
stated that the trigger to create the work would be development along the phase boundary. Projects
bordering undeveloped lands would trigger work on streets as well.
CR Krauss asked staff about clarification of the applicant paying its share of the street improvement of
an arterial and collector district.
Mayor Taylor asked if the master plan goes as planned, that city would put up 4.5 mil and trust for
public lands would pay double that, which staff responded yes.
CR Mehl reminded the public not to take Story Street to cut through L; it was closed due to construction.
Chis Kukulski, City Manager gave clarification about how arterial and collector money is used. The
commission and staff discussed in detail all the criteria that would utilize arterial and collector money to
cover a project.
DM Andrus asked Director Craig Woolard for clarification on how funds are used from the arterial and
collector budget for parks to which both staff responded in detail.
CR Krauss asked the Director of Community Development about the master plan process.
07:01:56 PM (01:02:08) Public Comment
Mayor Taylor opened public comment.
07:02:02 PM (01:02:13) Maddy Pope, Public Comment
Maddy Pope works for the trust of public land and thanked the commission for considering this plan and
gave a timeline of when the park would be opened. Restorations that were done was discussed and
ways that this parkland would be used was also discussed in detail. She thanked the city particularly the
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Bozeman City Commission DRAFT MINUTES, November 7, 2016
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parks department and felt that the collaboration was working very well.
07:04:55 PM (01:05:06) Terry Cunningham, Public Comment
Executive Director of Run Dog Run, discussed allowing dogs on public lands and that working with the
trust for public lands has been a positive experience. Off lease regulations sanctioned inside public parks
has been discussed. Encouraged the approval of the masterplan and fast tracking as much possible the
future development of the triangle where the off leash dog park would be.
07:07:04 PM (01:07:16) Renae Callahan, Public Comment
Very much applauded the Trust of Public Land and staff with building this. Consideration about where
the dogs are allowed to go off leash was discussed. Alternative revenue sources to the arterial and
collector was discussed. Asking the commission to think about what people can afford based on the
increase in the arterial and collector was asked.
07:10:13 PM (01:10:25) Public Comment Closed
Mayor Taylor closed public comment.
07:10:19 PM (01:10:31) Motion that In consideration of all public input, staff presentation, and
information received to date, I hereby move to approve adoption of the Story Mill Community Park
Master Plan in accordance with the Bozeman Municipal Code Section 26.02.220.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:10:38 PM (01:10:50) Discussion
CR Mehl will be supporting this motion and stated that this park would serve all residence. Impressed
with design and the funding of the road would have to be considered in the future.
CR Pomeroy agreed with CR Mehl and stated that the private money spent and all the activities on this
design was good.
CR Krauss thanked the Trust for Public Land, specifically their efforts to do something with this property.
With regards to the issues brought up in the beginning, he would have liked to see bullets in the master
plan that broke down the approval process or a flow chart with if/than scenarios would have been
preferred. Road construction and cost was also briefly discussed. Requests for more comprehensive
reports was asked of staff, if not a comprehensive memorandum that deals with the sticking points and
budget was requested.
DM Andrus stated that she was supporting this plan and the TOPs would not have gotten this done
without the time and effort spent by Run Dog Run and The Trust for Public Land. Any issues that would
come up, she hopes would come back to the commission so that they could find a solution. Other
solutions about how to pay for this infrastructure was discussed.
Mayor Taylor addressed alternative tax methods and stated that the commission recognized the tax
burden of citizens. This park would be unique to Bozeman and the Mayor was very excited about this
project for the community.
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Bozeman City Commission DRAFT MINUTES, November 7, 2016
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07:29:22 PM (01:29:33) Vote that in consideration of all public input, staff presentation, and
information received to date, I hereby move to approve adoption of the Story Mill Community Park
Master Plan in accordance with the Bozeman Municipal Code Section 26.02.220. The motion passed 5-
0.
Commissioner - Chris Mehl: 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
07:29:43 PM (01:29:54) Recognition
Mayor Taylor and Chris Kukulski gave recognition to staff and all those involved in this project.
07:30:26 PM (01:30:37) Commission Recess
Mayor Taylor called for a recess until 8:10 PM.
07:41:23 PM (01:41:35) Commission Resumed
Mayor Taylor called the Commission meeting back into session at 7:41 PM.
2. 07:41:27 PM (01:41:38) Continuation of Public Hearing on Changes to the Unified
Development Code for Water, Part 1, from November 7, 2016 to November 21, 2016 (Owens)
07:42:23 PM (01:42:35) Staff Presentation
Chris Saunders discussed continuing this project on November 7th 2016 to November 21st 2016.
07:42:31 PM (01:42:43) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Public Comment was closed.
07:42:35 PM (01:42:47) Motion to continue the public hearing on the Application for Unified
Development Code Text Amendment 2D, Water Part I from November 7, 2016 to November 21, 2016.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
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Bozeman City Commission DRAFT MINUTES, November 7, 2016
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07:42:58 PM (01:43:09) Discussion
CR Krauss stated he would be willing to move everything in order to see what the cumulative efforts
turned into.
CR Mehl stated that his in on UDC advisory group as well as zoning and planning and that there would
be a second opportunity to discuss this by the commission and explained why this was continued in the
way that it was.
Mayor Taylor stated that is would behoove to wait and see how this process ends up without rushing it.
CR Krauss wanted to make sure that there was a larger discussion later.
07:46:54 PM (01:47:06) Vote to continue the public hearing on the Application for Unified
Development Code Text Amendment 2D, Water Part I from November 7, 2016 to November 21, 2016.
The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
3. 07:46:58 PM (01:47:10) Resolution 4742, Amending Annual Assessments for the Tourism
Business Improvement District (TBID) for Fiscal Year 2017 to Correct the Assessment for the
Lark Hotel (Rosenberry)
07:47:22 PM (01:47:33) Staff presentation
Anna Rosenberry gave a brief presentation on Resolution 4742, Amending Annual Assessments for the
Tourism Business Improvement District (TBID) for Fiscal Year 2017 to correct the Assessment for the
Lark Hotel.
07:48:43 PM (01:48:54) Questions of Staff
CR Mehl asked staff how they discovered that there was not enough money being taxed. On the district
level, the financial administrative services director was notified of the error so that they could correct it
CR Krauss asked if these changes would be limited to the new hotels and staff responded
DM Andrus asked what quarter this was.
CR Pomeroy asked if this hotel was booked on a consistent basis over the summer
07:51:41 PM (01:51:53) Public Comment
Mayor Taylor called for public comment.
There was no public comment.
Public Comment was closed.
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07:51:51 PM (01:52:03) Motion to approve Resolution 4742, Amending Annual Assessments for the
Tourism Business Improvement District (TBID) for the Fiscal Year 2017 to correct the Assessment for
the Lark Hotel.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:52:16 PM (01:52:28) Discussion
There was no discussion.
07:52:36 PM (01:52:48) Vote to approve Resolution 4742, Amending Annual Assessments for the
Tourism Business Improvement District (TBID) for the Fiscal Year 2017 to correct the Assessment for
the Lark Hotel. The motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
4. 07:52:39 PM (01:52:51) Reappointment to the Board of Ethics (Michalson)
07:52:51 PM (01:53:03) Motion to reappoint Chris Carraway to the Board of Ethics with an updated
term expiring July 31, 2018.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
07:53:03 PM (01:53:14) Discussion
CR Mehl asked future applicants not reference government employees in their paperwork.
CR Krauss echoed what CR Mehl stated.
07:55:16 PM (01:55:28) Vote to reappoint Chris Caraway to the Board of Ethics with an updated term
expiring July 31, 2018. The motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
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Bozeman City Commission DRAFT MINUTES, November 7, 2016
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Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
H. 07:55:21 PM (01:55:33) FYI/Discussion
• 07:55:34 PM (01:55:46) Special Presentation
Chris Kukulski gave a presentation on a news story given on resort taxes and how it points out
the positive benefit to citizens. Bozeman could use a resort tax as a way to help citizens with
taxes.
• 08:00:04 PM (02:00:16) Unified Development Code Update Progress Report and Infill Policy
Framework Preparation (Rogers)
08:00:30 PM (02:00:41) Staff presentation
Chris Saunders discussed the definition of infill and key discussions that this updated UDC would cover.
Various alternatives to what infill would look like was discuss as well as unique challenges. Base zoning
standards, and accessory buildings were discussed.
08:06:49 PM (02:07:01) Questions for Staff
DM Andrus stated that there were no percentages or completion dates on this plan and asked for staff
to clarify. Staff stated that they were not sure at this time but as things changed, that information would
be added
CR Mehl asked staff to outline the process.
Chris Saunders stated that this would be presented to the planning and zoning board in the next two
weeks.
CR Pomeroy asked what predictability meant and staff responded in detail as far as the process goes
and the standard that would be applied would be well defined and presented.
CR Pomeroy also asked about the wetland review and clarification about that part in the UDC Code
update framework as well as affordable housing.
CR Krauss made a point of order or request to asked if there was public comment.
Mayor Taylor asked if there best course of action would be to email staff with his question to which
staff responded yes. Flexibility of the schedule was also asked and discussed between staff and the
commission.
CR Mehl asked if citizens have a list of questions they are free to email the information to Cr. Mehl.
08:14:08 PM (02:14:20) Public Comment
08:14:20 PM (02:14:32) Kevin Thane, Public Comment
Stated that he hoped that staff could make some changes to ADU’s and their availability because they
would add to our affordable housing supply. Restrictions were also discussed when it came to ADU’s.
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Bozeman City Commission DRAFT MINUTES, November 7, 2016
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The difference between Greenfield and Infill ADU’s was discussed and what would as well as could not
be offered. Lot sizes was also discussed.
08:17:30 PM (02:17:42) Public Comment Closed
Mayor Taylor closed Public Comment.
• 08:17:44 PM (02:17:56) Staff Announcement
Chris Saunders wanted the commission to be aware that there was a request to modify the
Bozeman Tap Room’s beer and wine alcohol permit to a full alcohol permit was requested by this
establishment and came through Community Development. Modifications are not normally
reviewed by the commission but at the request of the commission this could be put on an agenda.
CR Krauss stated that he would like it on an agenda.
Mayor Taylor concurred and reminded everyone to go out and vote.
I. 08:20:47 PM (02:20:58) Adjournment
Mayor Taylor adjourned the meeting at 8:20 PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough, MPA
City Clerk
PREPARED BY:
___________________________________
Pearl Michalson
Deputy City Clerk
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Bozeman City Commission DRAFT MINUTES, November 7, 2016
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Approved on: ___________________________________
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Page 1 of 12
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, November 14th, 2016
PLEASE NOTE THAT TIMESTAMPS ARE APPROXIMATELY 1-2 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, Assistant City Attorney Karen Stambaugh, City
Clerk Robin Crough
A. 05:59:24 PM (00:01:11) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:00 PM.
B. 05:59:29 PM (00:01:16) Pledge of Allegiance and a Moment of Silence
C. 06:00:26 PM (00:02:13) Changes to the Agenda
There were no changes to the agenda.
D. 06:00:34 PM (00:02:21) Minutes
1. 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
06:00:43 PM (00:02:30) Motion to 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 as presented. The motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
Deputy Mayor - Cynthia Andrus: Approve
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Page 2 of 12
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
E. 06:01:11 PM (00:02:58) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the City Manager to Sign the Donor and Partner Recognition Statement with The
Trust for Public Land for the Story Mill Community Park (Poissant)
3. Authorize the City Manager to Sign a Professional Services Agreement with Project WET
(Water Education for Teachers) Foundation to Develop and Implement an Expanded
Education Pilot Project in Bozeman Public Schools (Ahlstrom)
4. Ratify the Signature of the Director of Public Works on a Water Conveyance Agreement with
the Maynard Border Ditch Association for Conveyance of Water to the Future Sports Park
(Heaston)
5. Resolution 4745, Correcting Resolution 4663, Sourdough Water Tank Annexation, for 11.663
Acres at 4330 Sourdough Road, Application 15529 (Saunders)
6. Resolution 4747, Authorizing Change Order Number 1 with Knife River Belgrade for the
North Wallace Avenue Reconstruction Project (Murray)
06:01:16 PM (00:03:03) City Manager Overview
City Manager Kukulski gave a brief overview of Consent Items 1-6.
06:02:43 PM (00:04:30) Public Comment on Consent Items 1-6.
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
06:03:00 PM (00:04:47) Motion to approve Consent Items 1-6 as submitted.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
06:03:10 PM (00:04:57) Discussion
CR Krauss noted that because he did not notify the Mayor early enough to pull an item, he will be voting
no in general, as he opposes Item 3.
06:03:51 PM (00:05:38) Vote to approve Consent Items 1-6 as submitted. The motion passed 4-1.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Disapprove
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Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
F. 06:04:02 PM (00:05:49) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
G. 06:05:26 PM (00:07:13) Action Items
1. 06:05:31 PM (00:07:18) Resolution 4730, Adoption of the City of Bozeman’s 2016 Economic
Development Strategy Update (Fontenot)
06:05:59 PM (00:07:46) Staff Presentation
Economic Development Director Brit Fontenot presented Resolution 4730 and the history of the City’s
economic development strategy. He provided opening comments and thanks, and presented the
consultant.
Alisa Pyszka, with Leland Consulting Group, discussed the strategy development process, the three pillar
strategies of economic development, a strategy update, clarifying the definition of employment, the
wage differential, the Bozeman industry clusters, and talent. She provided a strategy overview and key
themes. Out of two main themes, one is having a strong economic base. The second is having a strong
community.
06:20:41 PM (00:22:28) Questions of Presenter
DM Andrus asked how traded sector and local sector jobs are related/dependent. She also asked about
how this affects diversification.
CR Mehl asked if this is Leland’s take on the basic traded industry.
Mayor Taylor asked about the process of bringing businesses here, and where does this fall into the
plan. He also asked about the details of attracting talent in a city the size of Bozeman.
CR Krauss asked whether they are promoting diversification of industry or promoting recruitment of
similar companies within industry clusters.
CR Mehl asked about recruiting businesses in undeveloped clusters.
CR Pomeroy asked about a discrepancy in the population growth numbers in their report.
Economic Development Director added context that this plan is focusing more on what role the City has
in recruitment.
Mayor Taylor asked about prioritizing aspects of this plan, assuming limited resources.
06:36:27 PM (00:38:14) Presentation Continued
Ms. Pyszka discussed the provided matrix in further detail.
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06:38:28 PM (00:40:15) Point of Order
CR Krauss asked what Ms. Pyszka was referencing and that the consultant pull up the referenced chart on
the screen.
06:40:00 PM (00:41:47) Presentation Continued
Ms. Pyszka pulled out a few key points and briefly discussed them.
06:44:03 PM (00:45:50) Economic Development Council Chair Presentation
EDC Chair Daryl Schliem thanked the Commission for their support of economic development initiatives.
Mr. Schliem discussed recruitment, and the role of Bozeman Fiber in bringing in businesses in lieu of
active recruiting. He discussed the role of increased staff in moving these ideas forward.
06:47:39 PM (00:49:26) Questions of Staff/Presenters
DM Andrus asked if we’re promoting infrastructure, or reacting to industry. She also asked for further
recruitment clarification.
CR Pomeroy asked Mr. Schliem asked about the current businesses interested in Bozeman and whether
it was directly because of Bozeman Fiber. She also asked about the role of affordable housing as an
obstacle. She asked if Mr. Schliem had a solution for affordable housing.
CR Mehl asked Mr. Fontenot about the plan’s impact on resources in the future budget. Staff responded
in detail. CR Mehl also asked if Mr. Fontenot will be able to prioritize in the future. CR Mehl asked why
non-labor income was not discussed at all, and how does it play into this plan. He asked if we should
focus at all on this sector. He asked if the population of Bozeman or Gallatin County will need to increase
before the community sees wage increases, and further about growth. He also asked more about the
income inequality in the community. He asked about the recommendation of higher density housing. He
asked about the importance of the airport.
Mayor Taylor asked if we were to add more jobs and more growth, what would that number be or need
to be? He asked if Leland has assessed the level of Bozeman’s current infrastructure. He asked if the City
should be doing something about limited site availability that is addressed in the plan.
07:09:41 PM (01:11:28) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:10:28 PM (01:12:15) Motion to adopt Resolution 4730, Adoption of the City of Bozeman's 2016
Economic Development Strategy Update, and direct staff to implement the 2016 Economic
Development Strategy Update as appropriate.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
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07:10:43 PM (01:12:30) Discussion
CR Mehl thanked Leland and the EDC. He discussed his support of the motion, but keeping Bozeman a
great place to work and live.
CR Krauss thanked the EDC, the consultant, the staff, and CR Mehl. The City’s economic development
strategy used to be entirely passive, so a robust plan is now very welcome. He also thanked the late
Dewitt Latimer. Being aware of the City’s role is important, which he discussed in detail.
DM Andrus supports the plan, and pointed out that the community has already supported economic
development staff, which is rare. In this plan, she is most excited about the idea of building a qualified
workforce.
CR Pomeroy agreed with the other Commissioners and thanked the staff and consultant. She quoted the
staff report stating why the update was necessary. She discussed the relationship of high-paying jobs
and affordable housing. She strongly supports the update.
Mayor Taylor thanked the Commission for their comments, the presenters, those who have worked on
the plan, and the EDC volunteers. He appreciates the notion that there is a specific role for the City. The
plan demonstrates that we are deliberate and careful, and fits with the vision and strategic plan being
done for the City.
City Manager Kukulski thanked staff and the EDC.
07:34:31 PM (01:36:18) Vote to adopt Resolution 4730, Adoption of the City of Bozeman's 2016
Economic Development Strategy Update, and direct staff to implement the 2016 Economic
Development Strategy Update as appropriate. 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
07:34:59 PM (01:36:46) Break
Mayor Taylor called a break until 7:45 PM.
07:46:23 PM (01:48:10) Meeting Reconvened
Mayor Taylor called the meeting back to order at 7:47 PM.
2. 07:46:32 PM (01:48:19) Big Sky Youth Empowerment Story Mansion Proposal Discussion
(Kukulski)
07:46:42 PM (01:48:30) Staff Presentation
City Manager Kukulski discussed a letter received from Big Sky Youth Empowerment and their request
for a long-term lease of the Story Mansion carriage house. Mr. Kukulski stated that the zoning and code
does allow this.
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07:50:26 PM (01:52:13) Applicant Presentation
Executive Director of Big Sky Youth Empowerment, Pete McFayden, thanked the Commission and stated
he would be available to answer any questions.
07:50:56 PM (01:52:43) Questions of Staff
CR Pomeroy asked about the cost and time of the possible renovations.
DM Andrus asked Mr. McFayden to discuss what his organization does and how this fits into the
community center of the Story Mansion. She asked why the carriage house as well.
CR Mehl asked the City Manager what renovations were needed at the carriage house. He asked what
Mr. McFayden would do. He asked the City Manager about the current heating or storage. Parks and
Recreation Director Mitch Overton responded in detail. He asked if we were currently collecting any
money for the carriage house. He asked if there was any reason to think the City would run afoul of the
Forest Service if used this way. He asked the City Manager what the City’s recommendation was.
CR Pomeroy asked what the impact on parking would be. She asked further about what a $2 million
investment would mean.
Mayor Taylor asked what his timing would be. He asked if a January or February deadline would be
workable.
08:07:00 PM (02:08:48) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
08:07:17 PM (02:09:04) Motion to direct staff to allow the investigation by the Big Sky Youth
Empowerment of using the facility and directing staff to assist in that investigation.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
08:07:42 PM (02:09:29) Discussion
CR Krauss discussed that it would be great to do something with that property, and he thanked Mr.
McFayden to propose the idea.
DM Andrus supports the motion and what CR Krauss stated.
CR Mehl asked if it was to continue to do the ground-proofing or do we want to look into an RFP.
Mayor Taylor clarified that there will be a recommendation and agreement that comes in front of the
Commission, requiring that they come back to us, and not with an RFP.
CR Krauss discussed further the intent of the motion of acting on the offer.
CR Mehl supports the motion.
CR Pomeroy supports the motion, and it’s good to get more activities for young people.
Mayor Taylor appreciates that the group came to the Commission with this idea.
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08:14:13 PM (02:16:00) Vote to direct staff to allow the investigation by the Big Sky Youth
Empowerment of using the facility and directing staff to assist in that investigation. The motion
passed 5-0.
Commissioner - Jeff Krauss: 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. 08:14:46 PM (02:16:33) Approval of a One-Time Grant of $30,000 from the Community
Housing Fund to the Human Resource Development Council of District IX, Inc. (HRDC) for a
Youth Emergency Shelter (Rice)
08:15:04 PM (02:16:51) Staff Presentation
Associate Planner Mayana Rice came as the staff liaison for CAHAB. She discussed the Affordable
Housing Action Plan of 2012. HRDC would like to use funds from the Community Housing Fund. This is a
one-time request for fund allocation for over three years.
Heather Grenier of HRDC provided further context for the request, and how that money was budgeted
for this purpose.
Jackie Haines, Economic Development Director for HRDC, oversees the youth home and oversees the
program. She defined the issue, provided examples, discussed why the issue is important, the economic
benefits, the issue in Bozeman, HRDC’s intervention and solution, and what they have done in the last
year.
08:32:40 PM (02:31:44) Questions of Staff/Presenter
CR Pomeroy asked what the $30,000 would be used for specifically.
DM Andrus asked for clarification about the budget and how it fits in. City Manager Kukulski responded
in detail.
CR Mehl asked who is providing the match, and what the match would be. He asked what metrics they
are most interested in measuring, and why the discrepancy in the staff report.
CR Krauss asked where the funds are coming from now. He asked if the HRDC has approached any other
local governments or agencies. He asked Ms. Haines to explain the connection between this and
workforce housing.
Mayor Taylor asked what would happen if the City didn’t fund this.
DM Andrus asked if $10,000 now would still work if they didn’t allocate the full $30,000 tonight.
CR Krauss asked what the process would be for allocating money over multiple years. City Manager
Kukulski and Assistant City Attorney Stambaugh responded. CR Krauss asked why this was just an unmet
need of the City, and could they serve any youth, including those not from the City. Ms. Grenier
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responded in detail.
Mayor Taylor asked for what the $25,000 appropriated in the current fiscal year for exactly what.
08:49:48 PM (02:48:51) Public Comment
Mayor Taylor opened public comment.
08:50:01 PM (02:49:04) Danica Jameson, Public Comment
Ms. Jameson with the Greater Gallatin United Way stated that this addresses a huge need in the
community for youth housing, and HRDC is the best group in the community to provide this service. The
need is there and this is a tight ship run by HRDC, it is worth allocating this money. She encouraged the
Commission to support the proposal.
08:53:20 PM (02:52:23) Faye Bloom, Public Comment
Ms. Bloom stated that she can’t see any reason not to support this issue.
08:54:01 PM (02:53:04) Tyson Krinkie, Public Comment
Gallatin Early Childhood Community Council representative, Mr. Krinkie, noted that his group has
discussed this topic at length, and it is important to support youth in this capacity. This is a great
opportunity.
08:55:03 PM (02:54:06) Public Comment Closed
Mayor Taylor closed public comment.
08:55:06 PM (02:54:10) Motion to approve the allocation of $30,000 from the Community Housing
Fund to the HRDC in support of youth emergency housing and authorize the City Manager to execute
the grant agreement on behalf of the City.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:55:21 PM (02:54:24) Discussion
DM Andrus believes this is a need, and as a City, it is our responsibility, so she supports the motion.
CR Pomeroy stated that young people are our future, and they have a lot of challenges, and some
people are not as fortunate. She is very grateful for the HRDC. Trying to help a little bit is better than
nothing.
CR Mehl thanked CR Pomeroy for her heartfelt comments. CR Mehl acknowledged that this was put in
the budget, and they expected a proposal could come. It’s a modest amount with a trusted partner. The
City does support many programs with HRDC that other agencies do not, and that’s okay. He stated that
this is a serious issue, and worth investing in.
CR Krauss discussed that the City is not the same as a charity, non-profit, etc. People don’t give us
money, we take it from them. The City is not a deep-pocket solution, and we need to take the City’s
responsibility as a local government seriously. CR Krauss noted his personal contribution, but that if this
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is a continued need, there needs to be more pressure on the rest of the community to contribute.
Mayor Taylor stated that this fund is a stretch for this concept. He also acknowledged some internal
discussion that needs to happen. The downside to us allocating this is setting the precedent that the City
will take care of issues like these. The need is dire and it is in our city. He will vote for the motion as
stated.
09:09:29 PM (03:08:32) Vote to approve the allocation of $30,000 from the Community Housing Fund
to the HRDC in support of youth emergency housing and authorize the City Manager to execute the
grant agreement on behalf of the City. The motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
4. 09:09:45 PM (03:08:48) Reclaim Review Authority of Application to Modify Conditional Use
Permit Z15149 Located at 321 East Mendenhall Street, Application 16475 (Quasi-Judicial)
(Saunders)
09:10:42 PM (03:09:46) Staff Presentation
Policy and Planning Manager Chris Saunders discussed the history of Application 16475. They have
proposed a modification to change their permit to an all-alcohol license. He discussed the reclaim
process given to the Commission. He discussed public comment received.
09:15:05 PM (03:14:08) Questions of Staff
CR Mehl asked how much discretion the Commission has in this decision.
CR Krauss discussed conditions associated with CUPs that frequently come forward.
Mayor Taylor asked if the difference is a full bar license versus beer and wine only, and the role the
state plays in licensing.
09:19:33 PM (03:18:36) Public Comment
Mayor Taylor opened public comment.
09:19:58 PM (03:19:01) Evan Center, Public Comment
Ms. Center is a parent of a Hawthorne student, and she hopes the City will reclaim the issue.
09:20:32 PM (03:19:35) Shelly Johnson, Public Comment
Director of Alcohol and Drug Services, Ms. Johnson requests and supports the Commission in reclaiming
the CUP.
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09:21:49 PM (03:20:52) Katie Franklin, Public Comment
Mother of three, two of her children attend Hawthorne, and she requests the Commission reclaim this
so it can be a discussion.
09:22:28 PM (03:21:31) Jeff Eschball, Public Comment
Mr. Eschball has three children at Hawthorne and requests the Commission reclaim authority.
09:23:41 PM (03:22:44) Eric Cade, Public Comment
Taproom Owner and General Manager is saddened that the community is responded like this. He wants
to be a part of the community, they don’t operate a college drinking bar. He wants to work with the City
to make sure they follow the rules.
09:25:44 PM (03:24:48) Cara Gallinger, Public Comment
Ms. Gallinger, owner of the Taproom, does not intend to change the nature of the establishment, she
does not intend to change it into a rowdy college bar, but instead to just grow her business.
09:26:46 PM (03:25:49) Point of Clarification
Mr. Eschball asked if he was allowed to ask questions of the applicant. Mayor Taylor clarified that was a
discussion for outside of the meeting.
09:27:48 PM (03:26:51) Public Comment Closed
09:27:54 PM (03:26:57) Question
CR Pomeroy asked about deciding the date in advance of the motion.
09:29:43 PM (03:28:46) Motion that pursuant to Section 38.34.010.B.2, the City Commission reclaim
original review authority and schedule a public meeting on December 19, 2016 for the consideration of
a modification to the conditional use permit for on-premise service of alcohol at 321 East Mendenhall
Street, Application 16475.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
09:30:18 PM (03:29:21) Discussion
CR Pomeroy stated that she understands both sides.
CR Mehl supports reclaim authority.
CR Krauss asked if the 19th is too late.
Mayor Taylor discussed the upcoming agendas. He noted that when an issue gains this much public
interest, it should be reclaimed.
CR Mehl stated that there is no reason the 19th wouldn’t work.
09:36:53 PM (03:35:56) Vote that pursuant to Section 38.34.010.B.2, the City Commission reclaim
original review authority and schedule a public meeting on December 19, 2016 for the consideration of
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a modification to the conditional use permit for on-premise service of alcohol at 321 East Mendenhall
Street, Application 16475. 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
H. 09:37:17 PM (03:36:20) FYI/Discussion
• CR Mehl noted that he is on the statewide IT/broadband board, he asked the Commission to give
him input on the City’s support of an upcoming broadband infrastructure bill.
• City Manager Kukulski noted that he forwarded the Commission an email from the City’s lobbyist
regarding leadership for the 2017 state legislative session. He also noted a successful infrastructure
meeting that happened today.
I. 09:40:19 PM (03:39:22) Adjournment
Mayor Taylor adjourned the meeting at 9:38 PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
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PREPARED BY:
___________________________________
Robin Crough
City Clerk
Approved on: ___________________________________
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Page 1 of 13
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, November 21, 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. 06:00:03 PM (00:01:34) 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. 06:00:08 PM (00:01:39) Pledge of Allegiance and a Moment of Silence
C. 06:01:13 PM (00:02:44) Changes to the Agenda
City Manager Kukulski noted a small change in motion language on Action Item 1, which has been
distributed to the Commission.
D. 06:01:34 PM (00:03:05) Public Service Announcements
1. New Online City Hall Topic - East Gallatin Recreation Area (Bozeman Beach) Master Plan
Survey (Crough)
City Clerk Crough noted that there is a new topic available online for citizen input on the Online
City Hall system on the City’s website. Interested citizens can call the Clerk’s office at 582-2321.
2. City Offices closed on Thursday, November 24th and Friday, November 25th, 2016.
City Clerk Crough informed the Commission and public that City offices will be closed on Thursday,
November 24th and Friday, November 25th, 2016 due to the Thanksgiving holiday. Collection
services will not be active on Thursday, but will be resumed on Friday to make up for the lost day.
Collection services will be on schedule the following week.
E. 06:02:42 PM (00:04:13) 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 the Center for
Public Safety Management (CPSM) to Update the Fire Protection Master Plan (Waldo)
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Page 2 of 13
3. Authorize the City Manager to Sign a Professional Services Agreement with KLJ Engineering
for the Downtown – North 7th Conduit Project (Fine)
4. Authorize the City Manager to Sign a Professional Affiliation Agreement with Bozeman Health
for Fire Department Personnel to Engage in Educational Experiences at Bozeman Deaconess
Hospital (Waldo)
5. Adopt the Tree Maintenance Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-2022
(Rosenberry)
6. Resolution 4749, Approving Change Order Number 4 with Saunders Line Construction for the
2016 Downtown and Midtown Conduit Project (Fine)
06:02:46 PM (00:04:17) City Manager Overview
City Manager Kukulski provided a brief overview of Consent Items 1-6.
06:03:57 PM (00:05:28) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
06:04:14 PM (00:05:45) Motion and Vote to approve Consent Items 1-6 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
F. 06:04:34 PM (00:06:05) Public Comment
Mayor Taylor opened public comment.
06:05:21 PM (00:06:52) Sahara Devi, Public Comment
Ms. Devi thanked the Commission for their service. She then stated that she does not support the Black
Olive project. She also stated she did not believe the Block M Apartments were not what she expected,
due to their lack of affordability. Black Olive and its parking issues will be the same.
06:08:22 PM (00:09:53) Brian Caldwell, Public Comment
Mr. Caldwell discussed the Regional Urban Design Assistance Team public outreach/volunteer
opportunity regarding growth and infill development. He asked for a letter of support from the Mayor
and City Manager to support the process. He discussed recent neighborhood meetings in regards to this
process.
06:10:19 PM (00:11:50) Public Comment Closed
Mayor Taylor closed public comment.
G. 06:10:24 PM (00:11:55) Mayoral Proclamation
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1. Small Business Saturday
Mayor Taylor read a proclamation and proclaimed Saturday, November 26th, 2016 as Small
Business Saturday.
H. 06:12:35 PM (00:14:06) Action Items
1. 06:12:45 PM (00:14:15) Resolution 4732, Calling for a Public Hearing to Approve Certain
Public Infrastructure Projects in the Northeast Urban Renewal District as Urban Renewal
Projects and to Finance the Projects through the Issuance of Tax Increment Urban Renewal
Bonds; and Making a Reimbursement Declaration in the Event that Tax-Exempt Bond
Proceeds Reimburse Original Expenditures to the City (Fontenot)
06:13:09 PM (00:14:40) Staff Presentation
Economic Development Director Brit Fontenot presented Resolution 4732. Mr. Fontenot discussed the
history of the Northeast Urban Renewal District and the NEURD Plan, as well as the District principles
and board members. He discussed the approved FY17 District Work Plan and budget, with its seven
designated projects and their relative cost estimates. He noted the estimated bonding capacity of the
district. Mr. Fontenot discussed the next steps of the process.
06:22:34 PM (00:24:05) Questions of Staff
DM Andrus asked if the order of the projects reflect the priority given to these projects. She also asked if
these allow for the increment to grow.
CR Krauss asked if there are any projects being proposed in the NEURD right now, so where is the
growth in the increment?
CR Mehl asked the purpose to bond the TIF. What share of the budget would it be? Since the City’s bond
rating went up, why 5% opposed to 3%? He asked about the City issuing the bonds, but not
guaranteeing them. Administrative Services Director Anna Rosenberry responded in detail. CR Mehl
asked further about extending the TIF.
DM Andrus asked if it has been in existence since 2005, why isn’t there any money to do these projects?
CR Krauss asked if there are no projects being proposed, 3 projects would be close, and they are betting
77% of the increment on the bonds, how does this compare to the downtown? Director Rosenberry
responded. He asked if it would affect the City’s bond rating if the district defaulted.
CR Pomeroy asked about the breakdown of the money, and if the money goes into the reserve. She
asked if the expectation is that property values in the district will go up, and if they can revisit the
remaining projects at a later date when they can be paid for. She also asked how long it will take to
accumulate the money required to make up the difference in the project cost and bonding capacity.
Mayor Taylor asked about the potential of a RUDAT, mentioned earlier in public comment, and its
impact on the district. He asked if some money has already been spent on some of these projects. He
also asked if the district accumulated enough money, could they pay off the bond, and then if it got to
that point, can someone decide to end the district at that point.
CR Krauss asked that even if they couldn’t finance all the projects they would still sell all the bonds?
Director Rosenberry responded in detail. He asked that the City would sell only the bonds required for
the projects.
06:46:31 PM (00:48:02) Public Comment
Mayor Taylor public comment.
06:46:41 PM (00:48:12) Greg Beardslee, Public Comment
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Mr. Beardslee discussed a safety consideration that the Board did not look into. A young lady on a
tricycle will be trapped when the Rouse construction occurs. The projects should be reordered.
06:48:06 PM (00:49:37) Public Comment Closed
Mayor Taylor closed public comment.
06:48:10 PM (00:49:41) Motion to approve Resolution 4732 calling for a public hearing on December
19, 2016 to approve certain public infrastructure projects in the Northeast Urban Renewal District as
urban renewal projects and to finance the projects through the issuance of tax increment urban
renewal bonds; and making a reimbursement declaration in the event that tax-exempt bond proceeds
reimburse original expenditures of the City.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
06:48:56 PM (00:50:26) Discussion
CR Pomeroy thanked Mr. Fontenot and the Board to get to this point. As the liaison, she stated that they
cannot spend the money that they don’t have. She strongly supports the motion.
CR Mehl supports the motion. It’s a small district and this makes sense as they can only do modest
projects without bonding. He also supports just bonding what is needed with a tiny cushion. He believes
the risk is worth taking to bring benefits to this area, and he believes this is the right order.
DM Andrus also supports the motion, the priorities set by the Board, and understands the risk. She
agrees to look at bonding only what is needed, but this is a workable amount. She is willing to look into
the public comment mentioned.
CR Krauss is undecided, but doesn’t necessarily think the increment will always increase. He also doesn’t
think he’d support using General Fund money to cover the debt. He doesn’t believe there’s an
imperative to bond right away. He stated there are many factors that could impact the risk, which can
be mitigated by encouraging private investment.
Mayor Taylor stated he disagreed, as there is some risk, but doing this now would be better than later.
He supports the motion.
07:01:05 PM (01:02:36) Vote to approve Resolution 4732 calling for a public hearing on December 19,
2016 to approve certain public infrastructure projects in the Northeast Urban Renewal District as
urban renewal projects and to finance the projects through the issuance of tax increment urban
renewal bonds; and making a reimbursement declaration in the event that tax-exempt bond proceeds
reimburse original expenditures of the City. The motion passed 4-1.
Commissioner - I-Ho Pomeroy: 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
2. 07:01:50 PM (01:03:21) Ordinance 1968 Provisional Adoption, the Stopka Zone Map
Amendment Rezoning Four Existing Lots and Adjacent Rights-of-Way Located at 3611, 3623,
3635 and 3641 Laduke Street from R-2, Residential Two-Household Medium Density District,
to R-3, Residential Medium Density District, Application 16380 (WerBell)
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07:02:20 PM (01:03:51) Staff Presentation
Mr. WerBell entered his staff report and materials into the record. He discussed the plat of the Oak
Springs Subdivision, the related annexation maps, and the application and subject properties. He noted
what the different zone types would entail. All zoning criteria are met with this application. Public
comment was received. The DRC and Zoning Commission recommended approval.
07:08:37 PM (01:10:08) Questions of Staff
CR Pomeroy asked why one block has two different zonings.
CR Mehl asked what we have done so this doesn’t happen again. Policy and Planning Manager Chris
Saunders responded in detail regarding process. CR Mehl also asked Mr. WerBell about the public
commenter and the height limitations.
CR Krauss asked if another remedy would be a variance. Staff responded no.
07:14:54 PM (01:16:25) Applicant Presentation
Project representative Sarah Mackie briefly discussed the projected height.
07:15:23 PM (01:16:54) Questions of Applicant
CR Mehl asked if the applicant had seen the staff report and accepted it.
07:15:44 PM (01:17:15) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:15:55 PM (01:17:26) Motion that having reviewed and considered the text of the ordinance, staff
report, application materials, earlier public comment, the deliberations and recommendation of the
Zoning Commission at the November 15, 2016 Zoning Commission meeting and all information
presented, I hereby adopt the findings presented in the staff report for Application 16380 and move to
provisionally adopt Ordinance 1968, the Stopka Zone Map Amendment.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:16:25 PM (01:17:56) Discussion
CR Mehl supports this motion.
DM Andrus also supports as it fits the growth policy and makes sense for the area. Hopefully we can
clean up other areas of the City where this has happened.
CR Pomeroy stated that this makes sense, so she supports.
CR Krauss doesn’t take so cavalierly zoning, as it should be an expectation of adjacent property owners.
He will still vote yes.
Mayor Taylor supports the motion. He does agree with CR Krauss that this is a topic for discussion in the
future.
CR Mehl stated that he also agrees with the zoning discussion in the future, and the comment received
by the Zoning Commission.
CR Krauss stated that if we fix 100 of these, we should discuss.
07:24:43 PM (01:26:14) Vote that having reviewed and considered the text of the ordinance, staff
report, application materials, earlier public comment, the deliberations and recommendation of the
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Zoning Commission at the November 15, 2016 Zoning Commission meeting and all information
presented, I hereby adopt the findings presented in the staff report for Application 16380 and move to
provisionally adopt Ordinance 1968, the Stopka Zone Map Amendment. 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. 07:25:21 PM (01:26:52) A Conditional Use Permit (CUP) Application to Allow the
Establishment of an Accessory Dwelling Unit (ADU) Above an Existing Detached Garage
Structure at 3168 Foxtail Street in Phase 2 of the Cattail Creek Subdivision (Quasi-Judicial)
(Owens)
07:25:39 PM (01:27:10) Staff Presentation
Planner Rebecca Owens entered her staff report into the record. She discussed the current land use in
the subject area and neighborhood context, as well as the property. She displayed the proposed ADU
and the remodeling/construction involved. She showed an approved map of nearby ADUs. The proposal
has met all the ADU and CUP review criteria. The DRC supports approval with stated conditions.
07:31:14 PM (01:32:45) Questions of Staff
DM Andrus asked if there have been any issues with the other ADUs in this area.
07:32:02 PM (01:33:33) Applicant Presentation
Applicant Chris Bauccus stated he was available for questions.
07:32:05 PM (01:33:36) Questions of Applicant
CR Mehl asked if he was okay with the staff report.
07:32:41 PM (01:34:12) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:32:51 PM (01:34:22) Motion that 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 16420 and move to approve the 3168 Foxtail Street conditional use permit to allow the
establishment of an accessory dwelling unit above a detached garage building with conditions and
subject to all applicable code provisions.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Jeff Krauss: 2nd
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07:33:22 PM (01:34:53) Discussion
DM Andrus supports the application as this area already supports nine ADUs where there have been no
issues.
CR Krauss stated this is the only place he votes for ADUs in R-1, because this area has been specifically
designed with this in mind.
CR Pomeroy stated this brings in more housing and supports.
07:35:04 PM (01:36:35) Vote that 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 16420 and move to approve the 3168 Foxtail Street conditional use permit to allow the
establishment of an accessory dwelling unit above a detached garage building with conditions and
subject to all applicable code provisions. 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
07:35:25 PM (01:36:56) Break
Mayor Taylor called a break until 7:45 PM.
07:45:04 PM (01:46:35) Call to Order
Mayor Taylor called the meeting back to order at 7:45 PM.
4. 07:45:16 PM (01:46:47) Public Hearing on Changes to the Unified Development Code for
Water Part 1, Addressing Clarification of Language, Modifications to Landscaping and
Irrigation Requirements for City Parks and Rights-of-Way, and Detail in Plan Submittal
Requirements (Owens)
07:45:41 PM (01:47:12) Staff Presentation
Planner Rebecca Owens entered her staff report and related materials into the record. She presented
progressive revisions to the UDC updates. The Part 1 set of text amendments are to address clarity,
resource management, process, and consistency. She discussed in detail the specific proposed changes.
She discussed the criteria for evaluation and public comment.
07:53:22 PM (01:54:53) Questions of Staff
DM Andrus asked for clarification on the amendment regarding well water and what we’re actually
doing. Water Conservation Specialist Lain Leoniak responded in detail. DM Andrus also asked about the
definition of efficient irrigation systems. She also asked what the impetus for these text amendments
was.
CR Pomeroy asked why we need a modification for irrigation in City parks and rights-of-way. She asked
if the City currently lacked standards.
CR Krauss asked what sideboards on water usage would be. Ms. Owens provided additional detail. He
also asked how these text amendments make housing more affordable.
08:03:31 PM (02:05:02) Public Comment
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Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
08:03:43 PM (02:05:14) Motion that having reviewed and considered the application materials, public
comment, recommendation of the Zoning Commission, and all the information presented, I hereby
adopt the findings presented in the staff report and move to provisionally adopt UDC text amendment
2D, Water Part 1.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:04:19 PM (02:05:50) Discussion
CR Krauss was interested in seeing a cost-benefit analysis and its effect on housing affordability, but he
supports.
CR Pomeroy stated that this is good since we don’t currently have guidance, so she supports.
CR Mehl supports as well, as this is primarily housekeeping.
DM Andrus stated that she also supports these text amendments, and the community buy-in about this
is very important.
Mayor Taylor supports the motion as well.
08:06:57 PM (02:08:28) Vote that having reviewed and considered the application materials, public
comment, recommendation of the Zoning Commission, and all the information presented, I hereby
adopt the findings presented in the staff report and move to provisionally adopt UDC text amendment
2D, Water Part 1. 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
5. 08:07:10 PM (02:08:41) Ordinance 1962 Provisional Adoption, Addressing B-2M/R-5 Signs;
Ordinance 1963 Provisional Adoption, Addressing R-5 Group Living; Ordinance 1964
Provisional Adoption, Addressing B-1 Apartments; and Ordinance 1965 Provisional
Adoption, Addressing Zoning Categories Allowing Parks (Rice)
08:07:37 PM (02:09:08) Staff Presentation
Planner Mayana Rice discussed corrections identified in four individual ordinances presented in this
item. These are not part of the spring UDC update, and are instead edits that happen now. Starting with
Ordinance 1962, the ordinance addresses corrections in signs, specifically adding missed zoning types,
no changes to the standards. No public comment was received, and the DRC recommends approval.
08:11:16 PM (02:12:47) Questions of Staff on Ordinance 1962
There were no questions of staff.
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08:11:24 PM (02:12:55) Public Comment on Ordinance 1962
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
08:11:41 PM (02:13:12) Motion that having reviewed and considered the application materials, public
comment, recommendation of the Zoning Commission, and all the information presented, I hereby
adopt the findings presented in the staff report and move to provisionally adopt Ordinance 1962.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
08:12:11 PM (02:13:42) Discussion
CR Pomeroy supports the motion.
CR Mehl stated that both Planning and Zoning support this correction to an oversight.
DM Andrus agrees with CR Mehl.
08:13:20 PM (02:14:51) Vote that having reviewed and considered the application materials, public
comment, recommendation of the Zoning Commission, and all the information presented, I hereby
adopt the findings presented in the staff report and move to provisionally adopt Ordinance 1962. 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
08:13:36 PM (02:15:07) Staff Presentation on Ordinance 1963
Ms. Rice discussed that this ordinance addresses group living in Article 22. No standards are being
changed, just adding R-5. There was no public comment, and DRC recommends approval.
08:15:25 PM (02:16:56) Questions of Staff on Ordinance 1963
CR Pomeroy asked why motions are all the same if the zoning is different. She asked for further
clarification on the process.
Mayor Taylor clarified a point of R-5.
08:18:41 PM (02:20:12) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
08:18:55 PM (02:20:26) Motion that having reviewed and considered the application materials, public
comment, recommendation of the Zoning Commission, and all the information presented, I hereby
adopt the findings presented in the staff report and move to provisionally adopt Ordinance 1963.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
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08:19:19 PM (02:20:50) Discussion
CR Pomeroy stated we are doing this for clarification, not complication, so she supports.
CR Mehl stated that this is not just a clarification, but fixing an oversight.
CR Krauss stated that group homes were not meant to be excluded.
08:20:29 PM (02:22:00) Vote that having reviewed and considered the application materials, public
comment, recommendation of the Zoning Commission, and all the information presented, I hereby
adopt the findings presented in the staff report and move to provisionally adopt Ordinance 1963. 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
08:20:42 PM (02:22:13) Staff Presentation on Ordinance 1964
Ms. Rice clarified the ordinance and its changes to B-1. She discussed what they were NOT doing to B-1
to clarify. She noted why this was being addressed as a correction as opposed to a policy change. She
discussed questions that the Planning Board and Zoning Commission looked at. She also discussed staff’s
interpretation of intent. She discussed the criteria for evaluation, did not get specific public comment,
but acknowledged that they hear about this often. DRC, Zoning Commission, and Planning Board
recommended approval.
08:28:10 PM (02:29:41) Questions of Staff on Ordinance 1964
CR Mehl asked if the Planning/Zoning vote indicated that they wanted the Commission to discuss
further. He asked if it needed to clarified of type vs. amount of use, and what is the staff’s view of this
and the definition of mixed use. He asked what other cities have done. He asked if the definitions could
be done in the current UDC update. If the Commission punted this, when would this update happen? CR
Mehl asked Mr. Saunders how often mixed use on first floors has happened.
CR Pomeroy asked about the ground floor residential/commercial use clarification.
CR Mehl asked if exceptions would be allowed.
CR Krauss if this makes B-2M more restrictive B-2. Mayor Taylor clarified that this is only changes to B-1.
Ms. Rice read the three different types of footnotes.
CR Pomeroy asked that in B-1 they could do all housing. She asked what’s the purpose of restricting
housing in a community that needs more? Why did the Commission at that time make that
determination? Mr. Saunders responded in detail.
CR Krauss asked about current controls in B-1.
DM Andrus asked about the intention to do this footnote in the past, and that this doesn’t omit
residential.
08:48:01 PM (02:49:32) Public Comment
Mayor Taylor opened public comment.
08:48:11 PM (02:49:42) Heather Davis, Public Comment
Ms. Davis, planner representing Intrinsik Architecture, stated that they feel the footnote is too
restrictive. They are currently working on a project that would be derailed by this footnote. She feels
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there should be some flexibility. The policy should be revisited so that staff can bring back the footnote
with a Conditional Use option.
08:52:10 PM (02:53:41) Public Comment Closed
Mayor Taylor closed public comment.
08:52:13 PM (02:53:44) Motion that having reviewed and considered the application materials, public
comment, recommendation of the Zoning Commission, and all the information presented, I hereby
adopt the findings presented in the staff report and move to provisionally adopt Ordinance 1964.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
08:52:38 PM (02:54:09) Discussion
CR Pomeroy stated that this motion allows the community more walkability and less driving, and she
supports the motion.
CR Mehl supports the motion, but possibly with some caveats. It’s important to fix this, but he is
interested in possibly having a discussion, possibly before the UDO in March, or just with options.
DM Andrus also supports the motion, and is struck by how little B-1 the City has.
CR Krauss did not believe there was ever intent with B-1 to be apartment complexes. He supports the
motion.
Mayor Taylor also supports the motion, and doesn’t need it to come back right away. The concept is
solid and we should have these.
09:01:51 PM (03:03:22) Vote that having reviewed and considered the application materials, public
comment, recommendation of the Zoning Commission, and all the information presented, I hereby
adopt the findings presented in the staff report and move to provisionally adopt Ordinance 1964. The
motion passed 5-0.
Commissioner - Chris Mehl: 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
09:02:05 PM (03:03:36) Staff Presentation on Ordinance 1965
Ms. Rice discussed the lack of clarity with parks. What they are NOT doing is changing dedications, cash
in-lieu, or anything in mixed use zone districts. The intent is to match what was done in 2004. She
reminded the Commission that this was not a policy discussion tonight. All criteria have been met
positively or neutral, there was no public comment, and the DRC/Planning/Zoning recommended
approval.
09:05:02 PM (03:06:33) Questions of Staff on Ordinance 1965
CR Pomeroy asked that this does not change dedication, so it allows for what?
09:06:24 PM (03:07:55) Public Comment
Mayor Taylor opened public comment.
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There was no public comment.
Mayor Taylor closed public comment.
09:06:41 PM (03:08:12) Motion that having reviewed and considered the application materials, public
comment, recommendation of the Zoning Commission, and all the information presented, I hereby
adopt the findings presented in the staff report and move to provisionally adopt Ordinance 1965.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
09:07:05 PM (03:08:36) Discussion
CR Pomeroy supports the motion as this doesn’t change parkland dedication.
09:07:29 PM (03:09:00) Vote that having reviewed and considered the application materials, public
comment, recommendation of the Zoning Commission, and all the information presented, I hereby
adopt the findings presented in the staff report and move to provisionally adopt Ordinance 1965. 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
I. 09:07:41 PM (03:09:12) FYI/Discussion
• CR Krauss stated his support of the application to RUDAT from the earlier public comment.
• CR Krauss stated that with the City’s online surveys / anonymous comments should not be
allowed.
• CR Krauss noted lots of recent discussion on TIFs, and he wanted to reiterate that TIFs don’t
take money from anyone.
• Mayor Taylor stated he will write a letter of support to RUDAT unless he hears otherwise from
the rest of the Commission.
• City Manager Kukulski said Happy Thanksgiving to the Commission.
• CR Mehl asked when the packets for next week would be ready. City Clerk Crough responded.
• Mayor Taylor asked for the City Manager’s review back by December 2nd for a review on
December 19th.
• Mayor Taylor reminded the Commission of the Strategic Plan retreat on December 8th and 9th.
J. 09:13:10 PM (03:14:41) Adjournment
Mayor Taylor adjourned the meeting at 9:13 PM.
___________________________________
Carson Taylor
Mayor
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ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Robin Crough
City Clerk
Approved on: ___________________________________
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Page 1 of 11
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, November 28, 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, Policy and Planning Manager Chris Saunders, Downtown Business Partnership Executive
Director Chris Naumann
A. 06:01:21 PM (00:03:11) 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. 06:01:28 PM (00:03:18) Pledge of Allegiance and a Moment of Silence
C. 06:02:15 PM (00:04:05) Changes to the Agenda
• City Manager Kukulski requested that the presentations for Action Items 1 and 2 be
combined.
• Secondly, Item D2 on Consent has a discrepancy in the memo and the attached numbers, so
a corrected attachment has been provided.
• Mayor Taylor put a sign-up sheet on the table for any anticipated public comment on Action
Item G3 so he can judge time.
D. 06:04:20 PM (00:06:10) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Adopt the Solid Waste Fund (Collection & Recycling) Capital Improvement Plan (CIP) for
Fiscal Years 2018-2022 (Rosenberry)
3. Adopt the Storm Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-2022
(Rosenberry)
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Page 2 of 11
4. Authorize the City Manager to Sign the Reimbursement Agreement with J. and M. Horner of
JJVM Properties, LLC for the Pine Meadow Subdivision (Kohtz)
5. Approve the Final Plat for the Pine Meadow Subdivision and Authorize the Director of Public
Works to Execute the Same on Behalf of the City of Bozeman (Rogers)
6. Authorize the City Manager to Sign Amendment 5 to the Professional Services Agreement
with Morrison-Maierle for the Capital Improvement Projects Field Survey (Murray)
06:04:24 PM (00:06:14) City Manager Overview
City Manager Kukulski provided a brief overview of Consent Items 1-6. As noted in changes to the
agenda, there was a change to the packet material for Consent Item 2.
06:07:16 PM (00:09:06) Public Comment on Consent Items 1-6
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
06:07:30 PM (00:09:20) Motion and Vote to approve Consent Items 1-6 as amended. 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
E. 06:08:02 PM (00:09:52) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
F. 06:09:09 PM (00:10:59) Special Presentation
1. 06:09:28 PM (00:11:18) Launch of ZoningCheck and Click2Gov Software for Business Licensing
and Zoning Compliance (Saunders)
Policy and Planning Manager Chris Saunders presented an update on the software packages
that have been rolled out to help the public with the various actions within the Community
Development department, including business licenses.
06:13:19 PM (00:15:09) Questions of Staff
DM Andrus asked what the updating process was. She also asked if it was possible to see a zoning
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overlay.
CR Mehl asked about the Click2Gov software that was noticed. Mr. Saunders demonstrated some of the
features of the software.
06:16:06 PM (00:17:56) Discussion
CR Mehl stated a desire to know more about software that can help city services, such as this,
particularly with budget season coming up.
G. 06:17:06 PM (00:18:56) Action Items
1. 06:17:18 PM (00:19:08) Resolution 4756, Amending the City's Annual Budget and Downtown
Tax Increment District Workplan to Add Appropriations for Federal Emergency Management
Agency (FEMA) Floodplain Map Appeal Project in Fiscal Year Ending June 30, 2017
(Rosenberry)
2. 06:17:35 PM (00:19:25) Authorize the City Manager to Sign Amendment 1 to the Professional
Services Agreement with Allied Engineering for a Floodplain Map Appeal (Heaston)
06:17:46 PM (00:19:36) Staff Presentation
City Manager Kukulski clarified that both actions will need to be taken separately for each item. He
provided some background to the items and why this project – the accuracy of floodplain maps – is
crucial.
City Engineer Brian Heaston presented on the preliminary FEMA floodplain maps, and the necessity of
accurate floodplain mapping. He discussed the professional services agreement for the appeal of said
maps, as well as other objectives in the PSA with Allied Engineering. He noted that FEMA will be before
the Commission to present on January 23, 2017.
06:24:36 PM (00:26:26) Questions of Staff
DM Andrus asked about why FEMA denied the City’s request for methodology revision. Mr. Heaston
responded in detail. She asked if it made sense to extend the region.
CR Pomeroy asked how often an agency would appeal FEMA. Mr. Heaston responded that flood studies
are very infrequent, 10-15-20 years. She asked how likely the appeal would be. She asked if other
communities have appealed FEMA. Mr. Heaston responded yes.
CR Mehl asked if it’s true that other community’s appeals are similar in scope. He asked how FEMA does
a 1D map. He asked if FEMA has any technical guidance for 2D mapping.
CR Krauss asked if any private individuals are going to appeal the map. Mr. Heaston responded yes.
06:31:52 PM (00:33:42) Staff Presentation Continued
Administrative Services Director Anna Rosenberry discussed Resolution 4756, and the specifics of the
budget amendment and the budgeted expenditures of the Downtown Tax Increment District, and that
the resolution increases the Downtown Tax Increment District by approximately $42,000. She discussed
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Page 4 of 11
the specifics of TIF funding and the effect of blight.
06:34:25 PM (00:36:15) Questions of Staff
DM Andrus asked what would be the impact on other projects in the TIF and the BID. Ms. Rosenberry
stated that cash-on-hand would be used for both.
Mayor Taylor asked that the amount spent on this appeal is small compared to the cost of the insurance
in future years. Mr. Heaston responded generally yes. He asked if the insurance situation would change
before the maps did 10-15 years in the future. Mr. Heaston responded the two are directly tied. Mayor
Taylor asked for clarification of when the maps were last made.
CR Krauss asked what the consequences would be on property to be developed in the floodplain. Mr.
Heaston responded in detail.
CR Pomeroy asked if this is why daylight, instead of full basements, are typically built in the city. Mr.
Heaston responded not necessarily.
06:42:51 PM (00:44:41) Public Comment on Action Items 1 and 2
Mayor Taylor opened public comment.
06:43:16 PM (00:45:06) Katherine Ball, Public Comment
Ms. Ball asked if using Mill Ditch would impact her, as she lives nearby.
06:44:04 PM (00:45:54) Public Comment Closed
Mayor Taylor closed public comment.
06:44:16 PM (00:46:06) Questions of Staff Continued
Mr. Heaston responded to Ms. Ball. He clarified that as part of the project, they would ensure that
existing properties would not be in harm’s way.
CR Mehl asked if the flood into said ditch would be controlled. Mr. Heaston responded yes.
06:45:30 PM (00:47:20) Public Hearing Closed
Mayor Taylor closed the public hearing.
06:45:33 PM (00:47:23) Motion to approve Resolution 4756, Amending the City's Annual Budget and
Downtown Tax Increment District Workplan to Add Appropriations for the Federal Emergency
Management Agency (FEMA) Floodplain Map Appeal Project in Fiscal Year Ending June 30, 2017.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
06:45:53 PM (00:47:43) Discussion
CR Mehl stated that it is appropriate to do this as a shared amount. He stated the importance of getting
these maps as accurate as possible. He enthusiastically supports the motion.
DM Andrus also supports the motion. She understands there is some risk in the result, but hopefully the
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risk is worth the reward, as hopefully the end result will be development in downtown.
CR Krauss wanted to reiterate that this is an appropriate project for downtown. This is appropriate for
TIF funding. This is of interest to anyone in the city, and private landowners are also appealing.
CR Pomeroy echoed her fellow Commissioners. If it works, it will save money in the long run.
Mayor Taylor reflects what is said before, but added that collective action such as this can go a long
way.
06:52:28 PM (00:54:18) Vote to approve Resolution 4756, Amending the City's Annual Budget and
Downtown Tax Increment District Workplan to Add Appropriations for the Federal Emergency
Management Agency (FEMA) Floodplain Map Appeal Project in Fiscal Year Ending June 30, 2017. 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
06:52:45 PM (00:54:35) Motion to adopt Amendment Number 1 to the Professional Services
Agreement with Allied Engineering Services, Inc. to prepare a floodplain map appeal at a cost of
$86,674 and authorize the City Manager to execute the professional services agreement amendment
on behalf of the City.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
06:53:09 PM (00:54:59) Discussion
CR Mehl stated his support of the motion as it’s worthwhile to take this course.
DM Andrus also supported the motion.
CR Krauss thanked the work of many to move forward with this option.
06:54:03 PM (00:55:53) Vote to adopt Amendment Number 1 to the Professional Services Agreement
with Allied Engineering Services, Inc. to prepare a floodplain map appeal at a cost of $86,674 and
authorize the City Manager to execute the professional services agreement amendment on behalf of
the City. The motioned 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
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Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
3. 06:54:19 PM (00:56:09) Review and Discussion of the Content and Interrelationship Between
the Bozeman Community Plan [BCP] (Growth Policy) and the Downtown Bozeman
Improvement Plan [DBIP] (Neighborhood Plan) (Kukulski/Saunders)
06:54:24 PM (00:56:14) Point of Clarification
Mayor Taylor stated the order of discussion, being Mr. Kukulski, Mr. Saunders, and Mr. Naumann. Then
questions of staff, questions/comments (of Commissioners), public comment, and Commission
discussion. Mayor Taylor will try to break around 7:30 PM.
06:56:43 PM (00:58:33) Staff Presentation
City Manager Kukulski noted that there are printed copies of the presentation available. He reiterated
the purpose and content of tonight’s discussion, which is to provide an overview of the growth policy,
specifically the Downtown Bozeman Improvement Plan to the Commission and public. It is one of five
neighborhood plans. Mr. Kukulski clarified that this discussion cannot be about pending applications,
and that this is a wider overview.
Policy and Planning Manager Saunders presented an overview of the Bozeman Community Plan, most
recently adopted in June 2009. He noted the growth policy components, growth policy contents, land
use themes, goals and objectives, policies, implementation of specific policies, implementation task
status, and used a 20-sided die comparison. He discussed plan and regulation relationships in depth.
07:24:02 PM (01:25:52) Break
Mayor Taylor called a break to 7:35 PM.
07:35:26 PM (01:37:16) Call to Order
Mayor Taylor called the meeting back to order at 7:35 PM.
07:35:58 PM (01:37:48) Staff Presentation
Chris Naumann, Executive Director of the Downtown Bozeman Partnership, presented the Downtown
Bozeman Improvement Plan, the latest iteration being in 2009, and the decades of deliberate planning
taking place in Bozeman. He clarified what the Main Street historic district was, the Business
Improvement District, and the B3 Downtown Zoning District (adopted in 1958). He discussed the scope
and intent of the plan, with an economic development focus, and the twelve guiding principles of the
plan. The plan creates five distinct districts within the downtown – the Historic Downtown Core, West
Gateway, North Village/Mendenhall District, East Gateway, and South Village/Babcock District. He
discussed the plan’s recommendations to reduce parking requirements. Another strategy of the plan is
to build more housing. Another strategy is to create a network of open spaces. Another strategy is to
tame downtown traffic. A series of strategies intend to strengthen downtown businesses. The plan
discusses adopting a code unique to downtown. Lastly, the plan discusses a need for committed
leadership. The plan wraps up with achieving the triple bottom line, of economic, cultural, and
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environmental sustainability.
07:58:04 PM (01:59:54) Questions of Staff
CR Pomeroy asked Mr. Saunders asked about the goal of Resolution 4163. Mr. Saunders stated
responded in detail about the goals. She asked if the goal of the plan was a focus on high density.
CR Krauss asked Mr. Naumann about the B3 district, actually adopted in 1958.
DM Andrus asked Mr. Saunders about additional plans like the Conservation Overlay District and Design
Guidelines, and where they fit into the overall picture.
CR Mehl asked about transition. Mr. Saunders responded in detail about transition and compatibility. CR
Mehl also asked when the last time the design guidelines were updated. Mr. Saunders responded 2006,
and 2014 for the halo. He asked for further detail about parking, which Mr. Saunders provided. CR Mehl
also asked generally about best practices for all these areas in downtown planning. Mr. Saunders
responded in great detail. Community Development Director Marty Matsen added further detail. CR
Mehl asked how Bozeman’s standards compare to peers. Mr. Matsen responded that Bozeman is
surpassing its peers. Mr. Saunders responded that many parking options have not been used.
DM Andrus asked Mr. Naumann to shed some light on the district boundaries presented. Mr. Saunders
and Mr. Naumann responded in great detail.
Mayor Taylor asked for clarification on the downtown districts, and what’s the current interplay
between B3 and the proposed sub-districts discussed, as well as the TIF. How does the housing as a
missing piece connect to the economic vitality of downtown? Mr. Naumann responded in detail. Mayor
Taylor asked when the TIF sunsets, and how much does it invest annually? Mr. Naumann responded
2032. Mayor Taylor asked if the housing is to offset the eventual end of the TIF.
CR Krauss asked how downtown traffic has compared over the last 20 years. He asked what contributed
to the decrease in intensity compared to population. He asked about zoning height and proximity, and is
there an annexation process. He asked about the “fading away” option. Mr. Saunders responded in
detail. He asked about the permanency of historic preservation and value. CR Krauss asked if there can
be reasons to not alter buildings solely for historic reasons.
08:53:45 PM (02:55:35) Public Comment on Action Item 3
Mayor Taylor opened public comment.
08:54:29 PM (02:56:19) Bobby Bear, Public Comment
Current TIF Chair, and longtime board member, of the TIF stated that the Downtown Plan has been a
thought-out, iterated document and process. Ms. Bear discussed the history of the input of the board.
She stated she is not a property or business owner of downtown, but she is a citizen, and wanted to be
involved in the process through the whole thing.
08:56:07 PM (02:57:57) Dave Crawford, Public Comment
Mr. Crawford lives and works downtown, and is very invested. He has noted that many people see
change as hard. He noted that there wasn’t a lot of public input at the time that this plan was adopted,
but he’s happy to see it now. Downtown is fragile, and intensifying and bringing more people downtown
is critical. He moved downtown because the zoning is predictable. He acknowledged the collisions of
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downtown, and he thanked the Commission, as he believes smart people can do this right. Density will
be important.
08:59:27 PM (03:01:17) Suzanne Howld, Public Comment
Ms. Howld lives on Grand, and noted her neighborhood is almost all single family homes. Transition and
compatibility needs to be sensitive, as noted in the Downtown Plan. She discussed the issue of
feathering, and being compatible. She doesn’t want special treatment, but the halo can be sensitive.
Sensitive and transition can be defined differently.
09:02:45 PM (03:04:35) Cory Lawrence, Public Comment
Mr. Lawrence has been on the TIF board for two months, and is a business and real estate owner
downtown. He thanked the Commission, and commented in support of the current Downtown Plan. He
found the process of working under the plan informative and effective, and the City staff and process
works.
09:04:38 PM (03:06:28) Randy Peters, Public Comment
Mr. Peters reviewed the plans discussed tonight, and there are some great common themes regarding
preservation and neighborhoods. He emphasized the balance. He referenced the UDC, but stated that is
must be used considering the community as a whole.
09:06:54 PM (03:08:44) Charlie West, Public Comment
Mr. West is a downtown business owner, and bearing in mind the Downtown Plan was adopted right
after the recession, he is concerned that we are being taken advantage of, and that maybe it is time to
update the plan. He is curious about applying parking regulations to current infrastructures.
09:08:42 PM (03:10:32) Jeannie Wilkinson, Public Comment
Ms. Wilkinson commented in 2015 about a project that she doesn’t believe followed NCOD guidelines.
She and the community is concerned about large projects downtown. She believes City analysis has
been very narrow. She thinks the entirety of the growth policy should be considered with development
in core neighborhoods. She requests that the Commission focus on the neighborhoods now, and address
social equity.
09:12:05 PM (03:13:55) Paul Neubauer, Public Comment
Speaking as a citizen, not a board member, Mr. Neubauer commended Mr. Saunders and thanked him
for his work. All downtown residents are stakeholders in the success of downtown, and the majority
understand the need of infill. He discussed the balance of the Downtown Plan vs. the Growth Policy,
they do their job of checks. He noted that code can change, and specifically discussed parking and its
need to change. He encouraged the Commission and all involved to resist oversimplifying the issue of
infill.
09:15:47 PM (03:17:37) Mary Patzitzer, Public Comment
Ms. Patzitzer stated that everyone already agrees that downtown is healthy, why do we need more?
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09:16:52 PM (03:18:42) Steve Schnee, Public Comment
Long-time Bozeman business owner and resident noted that yes, downtown is prosperous and thriving,
but it is fragile, but an exception. Things were put in place 20 years ago to continue that prosperity and
quality of life. He fears that the business and residential community could become adversarial. He has
faith that these complex issues can be worked through. He does not believe there is any guarantee
downtown will thrive tomorrow. He thanked the dais for the information this evening.
09:19:47 PM (03:21:37) Todd Wilkinson, Public Comment
Mr. Wilkinson recently spent time with the chief planner in Boulder, Colorado. He commends Mr.
Saunders and the Commission for their work. He stated that the city must anticipate change, and
consider hypothetical consequences. He asks what the impact of some of these developments would
really be. He encouraged the Commission to take a time out to understand traffic, parking, collateral
damage, etc. He discussed the inconsistency of enforcement in Bozeman.
09:23:02 PM (03:24:52) David Schwartz, Public Comment
Mr. Schwartz noted that as a younger citizen, Bozeman is growing, and he asked the Commission to
consider the true demographics of Bozeman, beyond just the people in the room. Downtown is a place
to bring people together, and he wants that to continue. There will be growth, and he’d like to see it in a
way that preserves walkability.
09:24:56 PM (03:26:46) Brian Segel, Public Comment
Mr. Segel is concerned with rental vacancies, surplus, and scarcity. He has seen the town grow and
shrink. He discussed growth as a spiral vs. growth as a circle. People want housing downtown for the
same reasons that he moved downtown, and now we’re pricing ourselves out. He also noted the
increase at the university, but it could shrink as well, so we don’t have to be driven by constant growth.
09:28:19 PM (03:30:09) Public Comment Closed
Mayor Taylor closed public comment.
09:28:22 PM (03:30:12) Discussion/Questions
Mayor Taylor reminded the Commission of the parking question, applying parking regulations to current
infrastructure.
CR Mehl asked clarification about what standards apply when there’s an overlap. Mr. Saunders
responded in detail.
DM Andrus asked Mr. Naumann about financial growth incentives, how they were effective, and is there
still interest in the program? Mr. Naumann responded in detail.
CR Krauss noted the Rialto and the Lark, and the regulations that caused delayed development. He
asked specifically what would be the advantage of 500 more units of housing downtown. Mr. Naumann
responded in detail. CR Krauss asked if it would turn into a more traditional live/work/play downtown.
Mr. Naumann responded in detail, and Mr. Saunders also noted the investment of City infrastructure. CR
Krauss asked how we’ve used the TIF to achieve urban renewal. Mr. Naumann noted predominantly the
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garage and responded further. CR Krauss asked Mr. Naumann to name five buildings that succeeded
because of technical assistance grants. Mr. Naumann stated the Element Hotel, both iterations of the
Lark, and the renovations at the Co-op, Schnee’s, and Masons. CR Krauss noted the history of “car
storage” as an issue, and are we ever going to get away from that?
DM Andrus thanked the public that came tonight, and how that is reflected in the Strategic Plan. This
discussion enlightens the issue of community character, and how we are continuing to build that, and
this might be a start to building Bozeman’s story. She thanked the mayor for tonight’s process.
No motion is required. Advertised as Action Item so that Commission may direct staff as necessary.
09:55:05 PM (03:56:55) Action Item 3 Closed
H. 09:55:06 PM (03:56:56) FYI/Discussion
1. CR Mehl asked that the Commission gets polled about early starts or coordinate early in
advance.
2. City Manager Kukulski has hard copies of his evaluation to hand the Commission. Mayor
Taylor reminded the Commission he’d like it by Friday.
I. 09:57:00 PM (03:58:50) Adjournment
Mayor Taylor adjourned the meeting at 9:57 PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
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PREPARED BY:
___________________________________
Robin Crough
City Clerk
Approved on: ___________________________________
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