HomeMy WebLinkAbout01-09-17 CC Mtg - MIN. December MinutesCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Robin Crough, City Clerk
Chris Kukulski, City Manager
SUBJECT: Approve the Regular Meeting Minutes from December 5, December
12, and December 19, 2016, and User Access to Linked Minutes.
MEETING DATE: January 9, 2017
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 December 5, 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 December 12, 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 December 19, 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
December 5, December 12, and December 19, 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
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.
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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 January 3, 2017
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Page 1 of 17
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, December 05, 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, and Deputy City Clerk
Pearl Michalson
A. 05:00:01 PM (00:00:48) Call to Order – EARLY START TIME - 5:00 PM - Commission Room, City Hall,
121 North Rouse
Mayor Taylor called the meeting to order at 5:01 PM.
B. 05:01:38 PM (00:02:25) Pledge of Allegiance and a Moment of Silence
C. 05:02:36 PM (00:03:23) Changes to the Agenda
D. 05:02:45 PM (00:03:32) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approval of the Beer, Wine or Liquor License Renewals for Calendar Year 2017 (Pitcher)
3. Authorize the City Manager to Sign a Professional Services Agreement with Etico Solutions for
a Police Staffing Analysis in 2017 (McLane)
4. Authorize the City Manager to Sign the First Amendment to the Professional Services
Agreement with Community Design Group for the Design Objectives Plan Update (Owens)
5. Adopt the Building Inspection Capital Improvement Plan (CIP) for Fiscal Years 2018-2022
(Rosenberry)
6. Adopt the Fire Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-2022
(Rosenberry)
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7. Adopt the Community Development Capital Improvement Plan (CIP) for Fiscal Years 2018-
2022 (Rosenberry)
8. Adopt the Parking Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-2022
(Rosenberry)
9. Adopt the Library Depreciation Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-
2022 (Rosenberry)
10. Approve the Final Plat for the Shonkwiler Addition Lot 1A Subdivision and Authorize the
Director of Public Works to Execute the Same on Behalf of the City of Bozeman (WerBell)
11. Resolution 4743, Intent to Create a Special Improvement Lighting District Number 737 for
Westbrook Subdivision Phase 2, 3, and 4 (Clark/Neibauer)
12. Ordinance 1968 Final Adoption, the Stopka Zone Map Amendment Rezoning Four Existing
Lots and Adjacent Rights-of-Way Totaling 0.742 Acres Located at 3611, 3623, 3625 and 3641
Laduke Street from R-2, Residential Two-Household Medium Density District to R-3,
Residential Medium Density District (WerBell)
05:02:44 PM (00:03:31) City Manager Chris Kukulski gave a brief overview of consent items 1-12.
05:08:38 PM (00:09:25) Public Comment
Mayor Taylor called for public comment on consent items 1-12.
05:08:46 PM (00:09:33) Terry Cunningham, Public Comment
Referenced the planning staffing study for the Bozeman Police Department and asked the Commission
and the staff consider animal control officers as a part of that study. Looking at national numbers for the
number of animal control officers for a city of similar size, a suggestion of 3 full time animal control officers
to enforce compliance was given.
05:10:15 PM (00:11:02) Public Comment Closed
Mayor Taylor closed public comment.
05:10:22 PM (00:11:09) Motion and Vote to approve Consent Items 1-12 as submitted. The motion
passed 4-1.
Deputy Mayor - Cynthia Andrus: 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
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E. 05:10:46 PM (00:11:33) Public Comment
Mayor Taylor called for general public comment.
05:11:47 PM (00:12:34) Richard Canfield, Public Comment
Read and handed typed public comment that talked about the zoning changes in the NCOD as well as
guidelines. Residential infill in the form of more accessible dwelling units (ADU’s) and the guideline goals
for Bozeman (NCOD) was to preserve the integrity of its individual historic structures, and its character of
its street scape. Increasing ADU size, decreasing the minimum lot size, etc. Given the realities of code
enforcement these recommendations would lead to a loss of livability, architectural integrity and a
character of entire residential areas. It was imperative that all residence have an opportunity to be well
informed. He commended the staff for the initial presentation of the ADU but asked that a scaled up
approach now be taken up with the neighborhood council support or the commissions for meaningful
input to city planning.
05:15:20 PM (00:16:07) Chris Budeski, Public Comment
Mr. Budeski stated that he thought that this idea would give the community a lot more flexibility in the
current designs and a little more variety in the future. At a low scale, this was something that he felt the
commission should consider and increase density.
05:16:31 PM (00:17:18) Bob Bailey, Public Comment
Stated that the UDC and increased options for density in the city limits was very good but the density for
living in downtown was less than it used to be which created less support of main street and in the city.
Another alternative to not allowing more flexibility on development, we’re going to see more cruise ships
next door to vital neighborhoods (five story buildings next to a historic district). Generally, he was very
much in favor of more density in the city at a low scale. Scale, was a very big problem in the city right now.
We could see large developments going up next to small scale buildings and felt that increasing density
was a better alternative to that.
05:18:50 PM (00:19:37) Public Comment Closed
Mayor Taylor closed public comment.
F. 05:19:00 PM (00:19:47) Action Items
1. 05:19:06 PM (00:19:53) Adopt the Street Impact Fee Fund Capital Improvement Plan (CIP) for
Fiscal Years 2018-2022 (Rosenberry)
05:19:21 PM (00:20:08) City Manager Chris Kukulski stated that this presentation would combine
information for action item 2, the adoption of the Arterial and Collector district capital improvement
plan. So, public comment will be taken after this presentation and questions would be asked to cover
both items.
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05:21:31 PM (00:22:18) Staff Presentation
Public Works director, Craig Woolard gave an overview of the CIP approach with was informed by the
transportation master plan which assumed the completion of the arterial and collector district
assessments. An explanation about how the capital improvement plan was developed and the projects
that were on this year plan was discussed. This three year CIPS program annually would cost
FY16=$0.5MIL, FY17=$1.0MIL, and FY18-22=$2.0MIL annually.
The goal had been to finish those road ways and intersections. There was development hinging on those
being completed. The plan had implications for the development of the community. There were a lot of
projects and road ways that would be fixed. Improvements to story mill road was discussed. When college
between 19th and 11th starts to get improved, parking would have to be addressed due to traffic. Highland
and main improvements, 11th, graph and 3rd was discussed. Several important projects like Kagy on 19th
to Wilson were discussed to be held as unscheduled in order to accumulate funds. In the meantime, small
improvements could be done around town. Interim improvements, and full reconstruction cost after the
1st of the year was discussed. Proposals to complete Oak and Ferguson, important projects such as E.
Griffin Drive, South 11th, and Graf and 3rd intersections as well as highland and main were discussed.
05:38:07 PM (00:38:54) Questions of Staff
DM Andrus asked about the pedestrian traffic walking light and Mr. Woolard addressed moving the light
to the west to free up traffic flow. Once the street is widened, maybe having pedestrians cross at 11th and
7th was a possible solution that needed further discussion.
DM Andrus also asked about the focus in streets that the city is trying to accomplish. Filling gaps in the
system like incomplete streets on Oak, Durston and Baxter. Completing the street from Ferguson all the
way to Baxter was discussed.
The final question was about changes to the Arterial and Collector and how all these projects are funded
with that money.
CR Krauss asked why Griffin was not on the plan last year. There was more traffic in that area and
temporary fixes would not help. County cooperation on their portion of streets was asked. The city
manager stated that they have not gotten enough support from the county but they are working on it.
Krauss also asked about MSU and if they were helping to pay for some of these as well. Kagy and the
intersection between 19th and 11th as well as parking issues was discussed. Staff stated that leveraging
both impact fees and the Arterial Collector could get in the way of the improvements that needed to
happen to the roads that we have now. The intersections needed to be completed before any other
projects could happen.
CR Pomeroy asked the city manager about FY17 and the four years that we would have a deficit and how
would we collect the deficit money. The city manager stated that the money is uploaded up front.
CR Mehl asked if we were leveraging impact fees mare than before which staff agreed. Even with planning
to which staff said that this was a 3 year snapshot. The city manager stated that finding other ways was
something they were trying to do. The city manager said early January the public works department would
need to be looking at all of these issues soon. Staff re-iterated that these were projects that they were
trying to complete in the next five years and not next year.
CR Krauss asked about a developer’s role in all of this. Questions about Babcock and Ferguson were
discussed and their level of service as well currently and in the future if we did not do anything.
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CR Pomeroy asked about the waiting period for a service level of F. Which staff stated that F in unknown
but he would guess immediate.
Mayor Taylor asked about rouse and griffin and when they were scheduled which staff said would be next
summer. Street impact fees and the budget was discussed. Staff stated once the budget was approved,
the staff goes with what was budgeted.
2. 05:22:08 PM (00:22:55) Adopt the Arterial and Collector District Capital Improvement Plan
(CIP) for Fiscal Years 2018-2022 (Rosenberry)
06:26:19 PM (01:27:05) Staff Presentation
Anna Rosenberry, Administrative Services director, stated that when we did the capital improvement plan
they ran into some concerns. A lot of the money pulled to complete these projects were coming from old
sources. As a result of the level of service, there was a desire to complete these in the 3 years that were
projected. The goal is to complete with a positive balance. Discussions about limiting the deficit and not
relying on payback money to cycle back into the program was discussed. Current fees and what they are
used for was discussed. The goal is to end year 5 in a positive balance.
06:35:08 PM (01:35:55) Questions for Staff
Mayor Taylor asked for clarification on the balance at the end of the 5 years that excluded any of payback
coming in.
DM Andrus asked if there were any unintended consequences that would be of concern based on our
deficit but staff stated that as long as they didn’t see a decrease in revenue they won’t see a problem.
CR Pomeroy wanted to know if there was ever a time when enough money was not collected. Staff stated
that is was unlikely that once it was assessed that they would not collect the funds. If there were building
activity decline, they may see a decline in collecting funds. The street impact fee schedule still has a fair
amount of cash to fund these projects as well.
CR Krauss asked with regard to impact fees if we planned in limiting growth, would it effect this schedule
in the amount of money collected. Staff stated that we needed to collect 3million a year.
CR Mehl asked about the history of street impact fees
The city manager stated that in the area of impact fees in street when there was a problem they brought
forth a recommendation in cuts to the budget.
06:45:31 PM (01:46:18) Public Comment
Mayor Taylor opened public comment.
06:45:37 PM (01:46:24) Kevin Thane, Public Comment
State that the flashing yellow light and the reason for it was because the University moved parking spaces
across Kagy so that university employees and students cross Kagy to get to work or class. It was much
safer for students to cross at intervals. The hold up on people turning east on Kagy.
06:47:39 PM (01:48:26) Renae Callihan, Public Comment
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Was not in favor of the tax or the way that the tax was implemented. Suggestions for the future for
revenue was a gas tax and urged the city to continue to look into a gas tax as a win-win. Statistics on the
tourists and the amount they paid into gas was discussed.
06:50:51 PM (01:51:38) Andrew Holbert, Public Comment
Stated that he was pleased to see the attention paid to level of service F. And asked that the commission
not hold up on those areas. Develop on those F level of service areas could not be completed per the code
until the intersections and projects were completed first.
06:52:34 PM (01:53:21) Cordell Pool, Public Comment
Stated that what public works has done here had been good and there was respect for the director for
using the funds for the improvements. He was supportive of the district and urged the commission to
continuing with financing the district.
06:54:31 PM (01:55:18) Public Comment Closed
Mayor Taylor closed public comment.
06:54:48 PM (01:55:35) Motion to adopt the Street Impact Fee Fund Capital Improvement Plan (CIP)
for Fiscal Years 2018-2022.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:54:54 PM (01:55:41) Discussion
CR Mehl supported the overall intent and plan and thought that we were leveraging money. We collect
more impact fees and money from developers to do this. The commission would do a gas tax if they could
but the county and the state were the ones in charge of doing that which has been denied. This was also
asked of the legislature of the state and they also declined to do it. On the 12th the commission would be
voting on priorities. Raising taxes was not something that the commission enjoyed but encouraged the
public to contact their state representative as well as get the county and MSU to help pay for some of
these street improvements.
The arterial and collector does go up at 2% in gradual increases and 5% for street impact fees. There has
been a lot of outreach to the state to get some type of extra revenue.
CR Pomeroy stated that she agreed with Cr. Mehl and stated that she agreed with the public comment.
She understood where the public was coming from and the commission has tried to try other options as
well as a gas tax. They have met with the county commissioners to try to find alternatives.
07:05:49 PM (02:06:36) Amendment to adopt the Street Impact Fee Fund Capital Improvement Plan
(CIP) for the street CIP to push back Griffin, 7th and Rouse from 2019 to 2021.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
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07:07:12 PM (02:07:59) Discussion
CR Krauss stated that this looked like a huge project and putting a right hand turn lane onto north 7th .
There were some issues with the M dot and wanted to move this to leave some wiggle room for Kagy and
to work out the situation with schedule F projects as well. This property was not located totally within the
city of Bozeman.
CR Mehl stated that Kagy was unscheduled and that we would have to unschedule Griffin if we were going
to bring Kagy on. The area was growing and the demand for traffic was there.
DM Andrus was not convinced that moving this would be a good idea and improvements to this road was
needed and reasons why this was added to the list needed to be considered.
CR Pomeroy stated that there were a lot of projects that needed to be completed. She supported this
amendment in order to balance all of the projects.
07:14:02 PM (02:14:49) Question of Staff
CR Mehl asked staff how they would address non city properties at that time?
Craig Woolard stated that Arterial and Collector funds and impact fees wholly paid for everything. They
could establish paybacks in order to recoup some of that money. Part of the reason for moving Griffin on
to the list was in anticipation of development in the future and pending development in that area.
CR Pomeroy asked about Storymill Park and when it would be finished. If it was moved to FY21, and FY22
what problems would exist? Staff stated that other developments would be delayed. Deficiencies would
have to be addressed before other developments could be addressed.
07:19:01 PM (02:19:48) Discussion Continued
Mayor Taylor stated that he would like to see this moved but would be open to moving this to 2020. He
was worried that if we push this more than 3 years we would have some concerns.
CR Krauss asked if the Mayor wanted him to move the schedule to 2020.
07:21:46 PM (02:22:33) Friendly Amendment to the main motion to adopt the Street Impact Fee Fund
Capital Improvement Plan (CIP) for the street CIP to push back Griffin, 7th and Rouse from 2019 to
2020.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
07:22:16 PM (02:23:02) Discussion continued
CR Krauss stated that we don’t see issues until they were completed. He was concerned about
prioritizing something on the edge of town as oppose to inner town issues.
07:23:59 PM (02:24:46) Vote on the Amendment to adopt the Street Impact Fee Fund Capital
Improvement Plan (CIP) for the street CIP to push back Griffin, 7th and Rouse from 2019 to 2020. The
amendment passed 5-0.
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Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
07:24:15 PM (02:25:02) Discussion on the Main Motion
Cr. Krauss stated that there were reasons for the Arterial and Collector. Cr. Krauss stated that the city
offers breaks for low income on utilities and garbage collection. The state offers low income breaks on
property taxes on the rate and there were tax breaks for someone over 62 there was an elderly tax credit.
The commission would need the cooperation from the county to help pay for all these improvements. It
was important that staff was working on this and how we deal with this issue. Working on the southwest
part of town (sourdough) as well as Graf and 3rd are important. Being able to do this plan on the southwest
side of town was important.
Mayor Taylor said that he was against the one flashing light by the football stadium. He doesn’t see that
there was a choice for Kagy to not be in the unscheduled area. The area was exactly where student housing
should happen. Different governmental entities must work together to get funding to make the system
work. We need roads that function as well as they can. The school district, MSU, the County and the City
all need to work together to fix the streets.
DM Andrus stated that she agreed with everything that has been said and the city commission was looking
into local option taxes in order to try and get some relief to the citizens. The commission understood and
were working hard to get it done this session.
07:36:43 PM (02:37:30) Vote on the Main Motion to adopt the Street Impact Fee Fund Capital
Improvement Plan (CIP) for Fiscal Years 2018-2022. 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
07:36:59 PM (02:37:46) Motion to adopt the Arterial and Collector District Capital Improvement Plan
(CIP) for Fiscal Years 2018-2022.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
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07:37:28 PM (02:38:15) Discussion
CR Mehl stated that he worked very hard to adopt a local option tax every year and we will work
especially hard this year. A local option would be voted on, so the public would have to accept it. What
we could use it for would have to be voted on, there would have to be guaranteed property tax relief. It
would sunset so if people don’t like it they can get rid of it. With the public’s help they would have a
better chance to succeed than not.
07:38:28 PM (02:39:15) Vote to adopt the Arterial and Collector District Capital Improvement Plan
(CIP) for Fiscal Years 2018-2022. 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
07:38:56 PM (02:39:43) Commission Recess
Mayor Taylor called for a Commission recess until 7:50 PM.
07:50:31 PM (02:51:18) Commission Meeting Resumed
Mayor Taylor called the Commission meeting back in session at 7:50 PM.
3. 07:50:41 PM (02:51:28) Resolution 4736, Creation of Special Improvement Lighting District
Number 736 for The Crossing at Baxter Meadows Phase 4F (Rosenberry)
07:50:52 PM (02:51:39) Staff Presentation
Administrative Services Director Anna Rosenberry gave a presentation on Resolution 4736, Creation of
Special Improvement Lighting District Number 736 for The Crossing at Baxter Meadows Phase 4F. The
location would be surrounding Tschache Lane, in the area of Vaquero Parkway. There would be an
electrical annual assessment to residents of $3.10.
07:51:58 PM (02:52:45) Questions of Staff
Mayor Taylor asked if there were any questions of Staff.
There were no questions of Staff.
Questions were closed.
07:52:02 PM (02:52:49) Public Comment
Mayor Taylor asked for public comment.
There was no public comment.
Public comment was closed.
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07:52:12 PM (02:52:59) Motion to approve Resolution 4736, the Creation of Special Improvement
Lighting District Number 736 for The Crossing at Baxter Meadows Phase 4F.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
07:52:36 PM (02:53:23) Discussion
CR Pomeroy stated that she supported this lighting district.
CR Krauss was looking forward to 1,000.00 districts
07:52:59 PM (02:53:46) Vote to approve Resolution 4736, the Creation of Special Improvement
Lighting District Number 736 for The Crossing at Baxter Meadows Phase 4F. 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
4. 07:53:17 PM (02:54:04) Continue the Public Hearing on Application 16404 for the Billion
Auto Plaza Zone Map Amendment from December 5, 2016 to December 19, 2016 (Owens)
07:53:29 PM (02:54:16) Staff Presentation
Policy and Planning Manager, Chris Saunders stated that due to calendar challenges, a request was
made to shift this for two weeks. The zoning commission would be meeting tomorrow and would need
to review this and act prior to the commission holding their public meeting.
07:54:02 PM (02:54:49) Questions of Staff
Mayor Taylor asked if there were any questions of Staff.
There were no questions of Staff.
Questions were closed.
07:53:57 PM (02:54:44) Public Comment
Mayor Taylor asked for public comment.
There was no public comment.
Public comment was closed.
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07:54:04 PM (02:54:51) Motion to continue the public hearing on Application 16404 for the Billion
Auto Plaza Zone Map Amendment from December 5, 2016 to December 19, 2016.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:54:24 PM (02:55:11) Discussion
Mayor Taylor called for discussion.
There was no discussion.
Discussion was closed.
07:54:25 PM (02:55:12) Vote to continue the public hearing on Application 16404 for the Billion Auto
Plaza Zone Map Amendment from December 5, 2016 to December 19, 2016. 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
5. 07:54:39 PM (02:55:26) Unified Development Code Update Infill Policy Framework
Presentation, Discussion, and Direction (Rogers)
07:54:47 PM (02:55:34) Staff presentation
The city manager stated that this was policy discussion and there were no recommended motions to take.
The staff simply asked the commission to give suggestions and direction. Planner Tom Rogers and Bob
Black well from Makers Architecture gave a presentation on the UDC update, specifically the Infill Policy
Framework for Discussion and Direction. Phase 2 of the process contained the completed tasks and the
implementation of the community plan. A design objectives plan as well as revisions and issues were
revised. Staff took the existing code and tried to adapt it so that it worked better for the community. The
UDC tried to answer the question of why these changes were being considered to be changed. The ADU
specifically looked at multifamily homes and their design standards. Building elements, building materials,
maximization of space was discussed.
The second question that this presentation aimed to answer was if the city should adopt a block frontage
approach design in buildings in mixed use or commercial areas? Going this route would allow future
changes to be adaptable, eliminate the need for Entryway Corridor Overly and would be much more
transparent and predictable while allowing the ability to tailor the design to the neighborhood. This model
would apply everywhere.
The code had a lot of adaptability provisions that many developers do not use at this moment. Making
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the proposed changes would allow the planning department to promote a greater diversity of housing
and promote compatible infill development. Suggesting a decrease in lot sizes and reducing lot size
requirements as well as considering a maximum floor area ratio was discussed.
Tools such as height limit Daylight planes and housing diversity was discussed. The current code considers
infill until you get to larger sites. For sites over 3 acres it was suggested that the commission consider
retaining base density and integrate a density averaging approach to mix different types of lots.
08:55:21 PM (03:56:08) Questions of Staff
CR Mehl asked why this design was more adaptable than more standards and asked for clarification. Bob
Bankford said you could create these different types but still change them over time. It would not be a
one size fits all. Creating different standards of recognizing that there were other areas that were
changing. Updating the map would be easier especially when you consider annexations and variances.
Finding ways to do these changes that would not take too long to implement.
CR Mehl asked Bob Bankford to address the flexibility that they think they have and answer how
predictability would predictability work.
Mr. Bankford stated that there would be a minimum standard in some cases or outline where parking
could go. Setting parameters instead of open ended standards allows everyone to be flexible. Questions
about daylight plains was discussed as well as the challenges that setbacks would create. Cr. Mehl asked
if the design issues catch issues in R-1 and R-2 with less of an impact on neighbors?
Staff stated that if it seemed appropriate to create ADU’s that are adaptable, that can be modulated they
could. Having density averaging and applying them based on the area is something that the commission
would have to look at.
CR Pomeroy asked Mr. Bankford how the flexibility and balance would work. Mr. Bankford stated if the
commission had clear standards it made things easier for the developer because they would know what
they were supposed to do or what they were allowed to do. Staff stated that strategically allowing
departures on certain things and meeting criteria’s put in place by the commission would help.
09:12:10 PM (04:12:57) Public Comment
Mayor Taylor opened public comment.
09:12:36 PM (04:13:23) Robin Gammick, Public Comment
Wanted clarification on what infill meant based on what was presented by staff. Other situations that
weren’t addressed where people that did not have an ally on their property. The north side would be a
great place to try these new ideas. She requested that the city consider the fact that not everyone had an
ally and liked that strategic flexibility was given. The asked the commission look at all possibilities.
09:14:34 PM (04:15:21) Richard Brown, Public Comment
Asked if there were a public forum like this if they could move public comment to the front to allow people
to comment and go home. The definition of blight given by a previous public comment was deflating
property prices. The infill would be causing blight if R-4 and B-3 were right across from each other. As the
infill hits people who are not able to sell their home because of these changes would the commission
compensate them? This might cause sprawl as well because people would move because they might not
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Page 13 of 17
want to live there because of the changes. He asked the commission to consider what would happen to
the people who already live there.
09:17:31 PM (04:18:18) Kevin Thane, Public Comment
Appreciated the Mayor for recognizing that not all public comment can be covered in three minutes. There
has been time allotted for lot sizes but what’s over lapping that is lot coverage. Mr. Thane wanted to ask
the commission to direct staff to put into effect the encouragement of ADU’s that might go in existing
areas or Greenfield areas. He asked the commission to consider augmenting areas. The code revision
should look for creative and new solutions. Want to enter three studies into the record because they point
out the advantages of ADU’s?
09:21:01 PM (04:21:48) Kate Brian, Public Comment
Need to be careful about the codes that are established today and how they might affect the future. The
importance of neighborhoods need clarity on B-3 lots which border residential areas. Transition, context
and character needs to be addressed and considered. Looking at all the different zones, it is pretty clear
in the code how to handle B-3, B-4 lots. There is inconsistency with B-3 and residential high rises and
how they need to be handed. Ms. Brian requested that the commission ask for staff to clarify
recommendations to the B-3 zoning codes and make sure it was consistent with the neighborhood
references and emphasis in the community plan, the downtown improvement plan, and the NCOD
guidelines.
09:26:02 PM (04:26:49) Darrell Barrett, Public Comment
Mr. Barrett stated that mixed use units worked in other places but Bozeman. The reason why this would
not work in Bozeman was because the developers only develop and sell lots. In Bozeman we need to be
careful of snow and icicles. Mr. Barrett stated that the proposed B-3 and R-2 coordination in between it
he had a feeling that it would be too late for what’s in the Southside of downtown. Neighborhoods are
different. The Southside has historical neighborhoods where there are nice tree lined streets. We would
love the view extending to the property line.
09:30:10 PM (04:30:57) Brian Seagull, Public Comment
This is a big issue. On the accessory buildings he was for it. Infill for big and accessory buildings was
something that he would like to see. He liked that it doesn’t contrite it all (parking) in one space. He felt
like he would need to keep up with the Jones because he could not sell his home if he does not build on
to his home to make it more profitable. This was a good way to keep the downtown vitalized. He
appreciated everyone looking into this especially utilizing what we already have. It would be easier for
him and those like him to implement.
09:33:43 PM (04:34:30) Clark Babcock, Public Comment
Comments on ADU’s especially ally loaded in recently years has allowed fences to be placed up to the
property line. His ally has shrunk 25ft according to his deed to 15ft. By allowing a 5ft setback to the ally
property line and putting an ADU back there causes problems trying to back out when most people have
trucks. A suggestion was given to increase setbacks if there was going to be an ADU off of an Ally and
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Bozeman City Commission Meeting DRAFT MINUTES, December 5, 2016
Page 14 of 17
increase buildable lot sizes. Maybe the commission should consider increasing the space and the
number of people allowed to live in those homes.
09:36:37 PM (04:37:24) Loretta Domajeski, Public Comment
Had a hard time trying to figure out the transition issue between the B-3 into neighborhood. There are
not many 5 story buildings even by the highway unless they were the landmarks of downtown. It
seemed like Bozeman was creating a wall around the one story buildings. Ms. Domajeski felt that we
needed a height moratorium.
09:38:07 PM (04:38:54) Public Comment Closed
Mayor Taylor closed public comment.
09:38:13 PM (04:39:00) Questions of Staff Continued
CR Pomeroy asked Tom Rogers to explain why there had to be a limit for the number of people who
could live in an ADU. Staff stated that the ADU was subordinate to the primary owner. They wanted to
keep it limited to one or two people.
DM Andrus asked what we would be giving up if we went ahead with this plan. Staff stated that the
tools we adopt would capture all the good that we have now. We would have a pallet so that people
would have a chance to be flexible. Bob Bankford stated that there was nothing that would be missing
or lost moving forward with this. It would simply update what is already here to make it more user
friendly.
DM Andrus asked if there needed to be different standards in the B zoning district. Mr. Bankford stated
that there would be different standards for different zones. Tom Rogers stated that we would have a
number of different zones and differentiated zones in the right away. Staff acknowledged that there
were challenges ahead but stated that there were a lot of tools that could be used.
DM Andrus asked what was happening to the other side of the line if it is B-3 and R-2? Mr. Bankford
stated that there was currently no transition.
CR Krauss stated that he’d never seen a transition that was only one way. Doing this was creating a B-3
light zone. Suggestions to grant property owners a transition up so that they were equal to the other
side of them was given.
CR Krauss asked staff if they knew any place in town where B-3 adjoins R-1. Diverse neighborhoods was
something that Cr. Krauss liked and asked staff if they would apply this into new green field
development. The essence of zoning was discussed. Cr. Krauss asked staff how this tied into the original
idea of zoning that considered the health, safety, and welfare of the neighborhoods. Bob Bankford
stated that the intent of the ADU was for new commercial and multifamily units. R-1 to Cr. Krauss meant
single family housing.
09:59:54 PM (05:00:41) Meeting Extended
Mayor Taylor extended the meeting for 15 more minutes.
09:59:57 PM (05:00:44) Discussion Continued
CR Krauss stated that there was a reason for R zoning and that predictability was very important.
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CR Mehl stated that he was good with what he stated previously.
DM Andrus stated that ADU’s for green field was a good idea. The exceptions and options were also a
good idea. All across the board, ADU’s would not be a good idea. New commercial and multi-family use
would work for this ADU. Doing something on both sides of the line seemed like a good idea. Bob stated
that the neighbors may not want that, and it was something that needed to be thought about
CR Pomeroy liked smaller housing on smaller lots because not many people have time to take care of
their lawns and they lived modern lifestyles now.
Mayor Taylor stated that he took the statement at its face value and took it to mean strictly Greenfield
and took it to mean not downtown. Tom Rogers stated that the standard should apply equally
everywhere and that it was not intended to apply to single family detached homes. Mayor Taylor
wondered what the problem was that ADU’s was solving. Was it predictability, design, or something
else? ADU’s should be more restrictive and there should be good reasons for it. The city had new
developments now that were good and worried that this design was solving a problem that does not
exist. Affordability was a problem we have now. Town houses and cottage housing... a problem of
transition needed to be thought about. We need to look at how we got to where we are and figure out
how much of the yard was being taken up. Parking needed to be considered.
CR Mehl stated that one of the issues was that the slide and the memo were different and not as clear
in the memo. He worries about transitions both ways that it may be taken too far.
DM Andrus asked if they got the direction they needed from the commission
CR Krauss stated that the challenge of blocks with the various plot areas makes him wondered what do
you do with the plots of land? Anything you can repeal I will vote for it. Less will be more.
Mayor Taylor stated that this was long and some parts were a little complicated.
10:16:03 PM (05:16:50) Meeting Extended 5 Minutes
Mayor Taylor extended this meeting five more minutes.
10:16:24 PM (05:17:11) Staff Response
Tom Rogers, associate planner stated that ADU’s was a start and they would distill these ideas and
comments and engage the public and board members. This would then come back for adoption so that
staff could further refine any suggestions and ideas.
No motion is required. Advertised as Action Item so that Commission may direct staff as necessary.
6. 10:17:30 PM (05:18:17) Appointments to the Bozeman Tourism Business Improvement
District (BTBID) Board of Trustees (Michalson)
10:17:37 PM (05:18:24) Motion and Vote to reappoint Ashley Ogle and Andrew Ash to a term that
expires on July 31, 2020 and Lisa Sebena to a term that expires July 31, 2018 on the Bozeman Tourism
Business Improvement District Board of Trustees. The motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
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Page 16 of 17
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
7. 10:18:21 PM (05:19:08) Appointments to the Design Review Board (DRB) (Michalson)
10:18:29 PM (05:19:16) Motion and Vote to change the appointment designation of Peter Costanti to
the non-professional position on the Design Review Board with a term ending on June 30, 2018, and
appoint Walter Banziger to the professional position (architect) with a term ending June 30, 2017. The
motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
G. 10:18:59 PM (05:19:46) FYI/Discussion
• Start legislative agenda next week at 5:30?
• Vote next week on who would chair the Commission meeting.
10:19:51 PM (05:20:38) Meeting Extended
Mayor Taylor extended the meeting an additional 5 minutes.
• Figure out a time for receiving Public Comment in order to process it and let the public know
that they have an alternate method of providing public comment.
• The strategic plan retreat would be discussed from 2-5P.M. on Thursday 12/8 in the
Madison Room and on Friday. 12/9 from 10AM - 3PM
H. 10:23:26 PM (05:24:13) Adjournment
Mayor Taylor adjourned the meeting at 10:23 P.M.
___________________________________
Carson Taylor
Mayor
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Page 17 of 17
ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Pearl Michalson
Deputy City Clerk
Approved on: ___________________________________
27
Page 1 of 12
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, December 12, 2016
Deputy Mayor - Cynthia Andrus: Absent
Commissioner - Jeff Krauss: Present
Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Present
Commissioner - I-Ho Pomeroy: Present
Staff Present at the Dais: City Manager Chris Kukulski, City Attorney Greg Sullivan, City Clerk Robin
Crough
A. 05:30:24 PM (00:01:09) Call to Order – EARLY START TIME - 5:30 PM - Commission Room, City Hall,
121 North Rouse
City Clerk Crough called the meeting to order at 5:30 PM.
B. 05:30:32 PM (00:01:17) Elect Presiding Officer
05:30:38 PM (00:01:23) Motion and Vote to elect Commissioner Jeff Krauss as the Presiding Officer.
The motion passed 3-0.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Deputy Mayor - Cynthia Andrus: Absent
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
C. 05:31:03 PM (00:01:48) Pledge of Allegiance and a Moment of Silence
D. 05:31:50 PM (00:02:35) Changes to the Agenda
There were no changes to the agenda.
E. 05:31:58 PM (00:02:43) Authorize Absence - Mayor Taylor, Deputy Mayor Andrus
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Bozeman City Commission Meeting Agenda DRAFT MINUTES, December 12, 2016
Page 2 of 12
05:32:06 PM (00:02:51) Motion and Vote to authorize the absence of Mayor Taylor and Deputy Mayor
Andrus. The motion passed 3-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Absent
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
F. 05:32:23 PM (00:03:08) Action Item 1
1. 05:32:29 PM (00:03:14) 2017 Legislative Session Agenda (Kukulski)
05:32:37 PM (00:03:22) Staff Presentation
City Manager Kukulski discussed the hiring of a lobbyist for the 2017 legislative session. He discussed the
legislative agenda presented to the Commission, which includes the primary priority of supporting tax
relief to the citizens of Bozeman. The second priority is supporting infrastructure that keeps the
economy growing. The third priority is to support the priorities of the Montana League of Cities and
Towns and their resolutions.
Amy Grmoljez, lobbyist from Crowley-Fleck introduced herself and her group. This is her first
municipality, and she gave an overview of where the Montana legislature currently stands. She noted
that Montana has a very high voter turnout. The House and Senate are both currently controlled by
Republicans, but neither have a veto majority. She does expect a smoother legislative session than
previous years.
05:45:08 PM (00:15:53) Questions of Staff
CR Pomeroy asked Mr. Kukulski what decisions he’ll be making as noted in the memo. Mr. Kukulski
clarified his jurisdiction. She also asked if a gas tax would lower property taxes, or decrease the rate of
increases. She asked if this impacts affordable housing and the affordability of Bozeman.
CR Krauss stated that to him infrastructure means, health, safety, and welfare, not necessarily vibrant
economy. He requested that the lobbyist also pay attention to water laws, subdivision laws, net
metering and other energy issues. He asked if City employees are allowed to take time off to lobby for
personal issues.
CR Mehl asked about MLCT’s seventeen resolutions and how many members are in the League, and if
the resolutions presented had been endorsed. He also asked how many members were in the
Infrastructure Coalition. He asked if Mr. Kukulski is relying on the lobbyist, Directors, and the local
delegation to monitor legislation. He also asked about tracking.
CR Pomeroy asked Mr. Kukulski if he thinks there will be an actual bill for a gas tax. She also asked if a
gas tax impacts citizens AND visitors, not just tourists.
CR Mehl asked how many communities Mr. Kukulski has spoken with that the tax relief propositions
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Bozeman City Commission Meeting Agenda DRAFT MINUTES, December 12, 2016
Page 3 of 12
would be of interest to them.
06:03:03 PM (00:33:48) Public Comment
Commissioner Krauss opened public comment.
06:03:21 PM (00:34:06) Daryl Schliem, Public Comment
Mr. Schliem, President of the Chamber of Commerce, supports the City’s legislative action and have also
hired a lobbyist that is very much in line with this agenda. Mr. Schliem requested that the City support
looking into removing the resort tax population cap. The Chamber is looking at a number of different tax
options as well. He invited the City to participate in any of the Chamber’s meetings with their lobbyist.
The Chamber will be looking for a 50% property tax relief through a resort of sales tax.
06:06:46 PM (00:37:31) Public Comment Closed
Commissioner Krauss closed public comment.
06:06:51 PM (00:37:36) Motion to adopt the 2017 City of Bozeman Legislative Agenda as submitted.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:07:11 PM (00:37:56) Friendly Amendment to support legislation that increases investment in critical
infrastructure.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:07:22 PM (00:38:07) Discussion
CR Mehl supports the agenda, but requested a motion to explicitly support a tax motion to send a
statement. He also requested that the priorities stay within the four. Bozeman is quickly reaching its
limits with the current tax structure. He discussed the sideboard of what the tax would entail. He noted
the net savings that would impact the citizens of Bozeman.
06:13:20 PM (00:44:05) Amendment to Friendly Amendment to state that we support efforts to
provide property tax relief through a local option.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:13:37 PM (00:44:22) Discussion
CR Krauss supports localities having the option to have this vote. CR Krauss and CR Mehl discussed how
broad of a statement the Commission was willing to make, and that CR Krauss would not support that.
06:17:09 PM (00:47:54) Commissioner Mehl withdrew the Amendment to the Friendly Amendment.
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Page 4 of 12
06:17:15 PM (00:48:00) Discussion
CR Mehl and CR Krauss discussed what a favorable amendment would be.
06:18:04 PM (00:48:49) Friendly Amendment to state the City supports efforts to provide property tax
relief if approved by city voters through a local option tax.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:18:45 PM (00:49:30) Discussion
CR Mehl further discussed the amendment.
CR Krauss stated that he will construe property tax relief as foregone tax relief. He stated that TIFs are a
big deal. He also asked the City Manager if the City registers lobbyists, and asked to be put on the list if
need be.
CR Pomeroy agreed with the other Commissioners that we need another source of revenue.
CR Mehl stated that whatever we can do is great, and as much information we can get them the better.
06:26:49 PM (00:57:34) Vote to adopt the 2017 City of Bozeman Legislative Agenda as amended. The
motion passed 3-0.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Deputy Mayor - Cynthia Andrus: Absent
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
G. 06:27:32 PM (00:58:17) Minutes
1. Approve the Regular Meeting Minutes from November 7, November 14, November 21, and
November 28, 2016, and User Access to Linked Minutes
06:27:46 PM (00:58:31) Motion and Vote to approve the combined City Commission Minutes from
November 7, November 14, November 21, and November 28, 2016 as submitted. The motion passed 3-
0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Absent
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
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H. 06:28:13 PM (00:58:58) Consent
1. Authorize Payment of Accounts Payable Claims for Good and Services (LaMeres)
2. Approval of the Beer, Wine or Liquor License Renewals for Calendar Year 2017 (Pitcher)
3. Approve a Beer and Wine License for Jam Fusion, LLC of Bozeman, Montana to Sell Beer and
Wine at 25 West Main Street (Pitcher)
4. Adopt the Fire Equipment and Capital Replacement Fund Capital Improvement Plan (CIP) for
Fiscal Years 2018-2022 (Rosenberry)
5. Adopt the Street and Curb Reconstruction Fund Capital Improvement Plan (CIP) for Fiscal
Years 2018-2022 (Rosenberry)
6. Adopt the Street Maintenance Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-
2022 (Rosenberry)
7. Adopt the Wastewater Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-2022
(Rosenberry)
8. Adopt the Wastewater Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-
2022 (Rosenberry)
9. Receipt of the General Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-2022 and
Schedule for January 9, 2017 Commission Meeting Action Item (Rosenberry)
10. Authorize the City Manager to Sign a Professional Services Agreement with CompassCom for
Automatic Vehicle Location Software Customizations (Shockley)
11. Authorize the City Manager to Sign Public Access and Street Lighting Easements Procured for
the Bozeman Midtown Urban Renewal District’s Street Lighting and Sidewalk Project (Fine)
12. Ordinance 1962 Final Adoption, Addressing B-2M/R-5 Signs; Ordinance 1963 Final Adoption,
Addressing R-5 Group Living; Ordinance 1964 Final Adoption, Addressing B-1 Apartments; and
Ordinance 1965 Final Adoption, Addressing Zoning Categories Allowing Parks (Rice)
06:28:24 PM (00:59:09) City Manager Overview
Mr. Kukulski provided a brief overview of Consent Items 1-12. He provided additional detail about the
CIP items.
06:40:20 PM (01:11:05) Questions of Staff
CR Krauss asked if the pedestrian ramps on the corners in this CIP. Director of Public Works Director
Craig Woolard explained in great detail the budgeting of these ramps in a few places. He asked how
many remain.
06:44:15 PM (01:15:00) Public Comment
Commissioner Krauss opened public comment on Consent Items 1-12.
There was no public comment.
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Page 6 of 12
Commissioner Krauss closed public comment on Consent Items 1-12.
06:44:31 PM (01:15:16) Motion and Vote to approve Consent Items 1-12 as submitted and discussed.
The motion passed 3-0.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Deputy Mayor - Cynthia Andrus: Absent
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
I. 06:44:46 PM (01:15:31) Public Comment
Commissioner Krauss opened public comment.
There was no public comment.
Commissioner Krauss closed public comment.
J. 06:45:27 PM (01:16:12) Action Items 2 – 5
2. 06:45:30 PM (01:16:15) The Yellowstone Theological Institute Minor Subdivision Preliminary
Plat to Subdivide 78 Acres into Five Lots, Northeast of the Intersection of South 19th Avenue
and Graf Street, Application 15574 (Quasi-Judicial) (Krueger)
06:46:09 PM (01:16:54) Break
Commissioner Krauss called a break until 6:55 PM.
06:55:28 PM (01:26:13) Call to Order
Commissioner Krauss called the meeting back to order at 6:55 PM.
06:55:40 PM (01:26:25) Staff Presentation
Brian Krueger, Development Manager in Community Development, presented on the Yellowstone
Theological Institute Subdivision MiSub Preliminary Plat, which was previously approved but since
expired. He discussed that the area is primarily planned for residential use. He discussed details of the
property and existing conditions. He provided background as to what the department has been
reviewing for this property. He discussed the adjacent roads, their alignments, and rights-of-way and
provided context for the connectivity. He also presented park enhancements to the system. There was
no public comment, RPAB, Wetland Review Board, and DRC all recommend approval.
07:10:59 PM (01:41:44) Questions of Staff
CR Pomeroy asked about the trail deviation. Staff responded in detail. She also asked how many people
the applicant was expecting on site. She asked if there were any significant deviations requested of the
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Bozeman City Commission Meeting Agenda DRAFT MINUTES, December 12, 2016
Page 7 of 12
applicant.
CR Mehl asked for a clarification of first vs. second minor subdivision. He asked about whether RPAB or
the Wetland Review Board had minutes or a memo of their recommendation. He asked why there was
no parkland dedication. He asked about future infrastructure building.
07:18:00 PM (01:48:45) Applicant Presentation
Chris Budeski, representing the property owner and the applicant, noted that the subdivision is designed
around a product – the ultimate site plan. He discussed the reason for the sidewalk deviation, which was
to get it as close to the lighting as possible. He also discussed the potential number of people on site. It
will be well-used. He also noted that the Wetland Review Board meeting was in January of 2015. He has
reviewed the staff report with the applicant, and they find it very acceptable. He commended staff and
the City, and it will be a great addition to the community.
07:21:54 PM (01:52:39) Questions of Applicant
There were no questions of the applicant.
07:21:58 PM (01:52:43) Public Comment
Commissioner Krauss opened public comment.
There was no public comment.
Commissioner Krauss closed public comment.
07:22:10 PM (01:52:55) Motion that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for Application 15574 and move to approve the preliminary plat application requesting a first minor
subdivision of a tract of record, 78 acres to create five lots with conditions and subject to all applicable
code provisions.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
07:22:45 PM (01:53:30) Discussion
CR Pomeroy stated there are not excessive deviations and it follows the growth policy, it will be a great
addition. She supports the motion.
CR Mehl stated it will be a great project. There are no exceptional requests. He is convinced by staff that
it is in compliance.
CR Krauss echoed his agreement with the staff findings. This is a new institution of higher education,
and it’s a good fit.
07:24:41 PM (01:55:26) Vote that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for Application 15574 and move to approve the preliminary plat application requesting a first minor
subdivision of a tract of record, 78 acres to create five lots with conditions and subject to all applicable
code provisions. The motion passed 3-0.
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Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Absent
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
3. 07:24:51 PM (01:55:36) Payment Agreement with the Gilhousen Community Property Trust
for Construction of Graf Street from South 15th Avenue to McNab Street (Hixson)
07:25:03 PM (01:55:48) City Manager Overview
Mr. Kukulski noted that this agreement is similar to the Town Pump agreement with the Cottonwood
project. He noted that staff will be back in front of the Commission in the future with a payback
agreement.
07:26:06 PM (01:56:51) Questions of Staff
CR Mehl asked why they would bring back another payment agreement. Mr. Kukulski clarified that staff
would return with a payback district.
07:26:34 PM (01:57:19) Staff Presentation
City Engineer Rick Hixson noted that this is the payment agreement for Graf Street. He discussed the
purpose and development of the agreement.
07:30:29 PM (02:01:14) Questions of Staff
CR Mehl clarified that this is a payment agreement for some of Graf, although all will be built. He asked
if staff was considered with inflation or adjustments to the bid amount.
CR Pomeroy asked if this will help with Kagy traffic. Staff responded very much so. She asked about the
5% retainage by the City.
CR Krauss asked for further detail about McNab and 3rd, also if the City would create and SID for that. He
asked about the volume using this in the future.
07:36:32 PM (02:07:17) Public Comment
Commissioner Krauss opened public comment.
There was no public comment.
Commissioner Krauss closed public comment.
07:36:49 PM (02:07:34) Motion to authorize the City Manager to Sign the Payment Agreement for
construction of Graf Street from South 15th to McNab Street between Gilhousen Property Trust and the
City of Bozeman.
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Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:37:02 PM (02:07:47) Discussion
CR Mehl discussed that this will help citizens move more efficiently through the city.
CR Pomeroy stated the road will be a great benefit to residents and it will help alleviate Kagy traffic.
CR Krauss stated that the City and developer are both agreeing, which is a big deal. This sends a strong
signal as to where the City wants to see more development near the university.
07:39:41 PM (02:10:26) Vote to authorize the City Manager to Sign the Payment Agreement for
construction of Graf Street from South 15th to McNab Street between Gilhousen Property Trust and the
City of Bozeman. The motion passed 3-0.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Deputy Mayor - Cynthia Andrus: Absent
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
4. 07:39:50 PM (02:10:35) Adopt the Water Fund Capital Improvement Plan (CIP) for Fiscal Years
2018-2022 (Rosenberry)
5. 07:39:50 PM (02:10:35) Adopt the Water Impact Fee Fund Capital Improvement Plan (CIP) for
Fiscal Years 2018-2022 (Rosenberry)
07:40:05 PM (02:10:50) Statement of Order
Commissioner Krauss noted that Item 4 and 5 will be presented together.
07:40:14 PM (02:10:59) City Manager Overview
Mr. Kukulski noted that the two CIPs will be presented together, with the financial side discussed and
voted on separately.
07:42:10 PM (02:12:55) Staff Presentation
Director of Public Works Craig Woolard discussed the Water Impact Fee and Water Capital Fund for
FY18-22. He discussed the CIP approach for developing the plan. He provided an overview for the type
of projects, which includes improving operations of the existing system, managing risks in the existing
system, developing future/additional water supplies, and planning for future community growth. The
Water Fund and Water Impact Fees work together. Mr. Woolard presented a schematic demonstrating
water system expansion in the growth boundary.
07:58:17 PM (02:29:02) Questions of Staff
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Bozeman City Commission Meeting Agenda DRAFT MINUTES, December 12, 2016
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CR Pomeroy asked about the Water Fund is currently red. The question was deferred to Administrative
Services Director Anna Rosenberry’s upcoming presentation. CR Pomeroy asked about the unscheduled
projects and the cost associated. She asked if the City’s current policy is fixing, or save money to
improve the system in the future?
CR Mehl asked why water conservation was only planned for one year. Mr. Woolard stated that it is
professional services for development. Water Conservation Specialist Lain Leoniak responded in great
detail for the purpose of the one year funding. CR Mehl asked for confirmation that these costs
wouldn’t go over a year.
08:05:55 PM (02:36:40) Staff Presentation
Administrative Services Director Anna Rosenberry clarified that both schedules will need to be adopted
separately, so she discussed the Water Fund CIP first. Levels of rates to support the capital pan will need
to increase. The City will need to borrow $15.7 million to fund projects. She discussed the rate study
that will be underway in early 2017. She notes that red only indicates the current year.
08:10:47 PM (02:41:32) Questions of Staff
CR Krauss asked if the reason there is a significant increase in spending is because we are borrowing.
08:12:23 PM (02:43:08) Staff Presentation Continued
Ms. Rosenberry discussed Water Impact Fees, and the unpredictability of revenues. The borrowing
needed is due to the projects on the schedule, and the guaranteed repayment of that money.
08:16:57 PM (02:47:42) Questions of Staff
CR Pomeroy asked why the collection in 2016 was higher than previous years.
CR Mehl clarified that we are doubling the amount we’re putting into capital.
08:20:08 PM (02:50:53) Public Comment
Commissioner Krauss opened public comment.
There was no public comment.
Commissioner Krauss closed public comment.
08:20:26 PM (02:51:11) Motion to adopt the Water Fund Capital Improvement Plan (CIP) for Fiscal
Years 2018-2022.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
08:20:37 PM (02:51:22) Discussion
CR Pomeroy stated that water is very important and staff explained why we need this CIP schedule, so
she supports it.
CR Mehl thinks the program is well laid-out, and supports what is discussed.
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CR Krauss also supports it, but stated that there are big expenses in the future and we need to be saving
for them now.
08:22:28 PM (02:53:13) Vote to adopt the Water Fund Capital Improvement Plan (CIP) for Fiscal Years
2018-2022. The motion passed 3-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Absent
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
08:22:39 PM (02:53:24) Motion to adopt the Water Impact Fee Capital Improvement Plan (CIP) for
Fiscal Years 2018-2022.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
08:22:50 PM (02:53:35) Discussion
CR Pomeroy stated it’s necessary so she will support it.
CR Mehl looks closely at the CIP. He appreciated staff’s foresight for future growth/costs.
CR Krauss stated that the incremental cost of adding service is easy to calculate. What’s not so easy to
calculate is the big step when the next water supply needs to be developed.
08:25:44 PM (02:56:29) Vote to adopt the Water Impact Fee Capital Improvement Plan (CIP) for Fiscal
Years 2018-2022. The motion passed 3-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Absent
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
K. 08:25:56 PM (02:56:41) FYI/Discussion
1. CR Mehl asked staff to talk to MDT about 19th Street Policy, he asked for an update.
2. CR Mehl is meeting tomorrow in Helena for the State Information Technology Board, he is
offering an amendment about conduit with recommendation from Economic Development
staff.
3. CR Mehl cautioned staff to make assumptions based on the Law & Justice Center vote.
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Bozeman City Commission Meeting Agenda DRAFT MINUTES, December 12, 2016
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4. City Attorney Sullivan let the Commission know they are exempt from lobbying registration
when acting in their official capacity.
5. Mr. Kukulski stated that MDT is coming up on a future agenda.
6. Mr. Kukulski reminded the Commission of the 5:00 PM start time next week.
7. Mr. Kukulski will be in Helena for the Infrastructure Coalition meeting tomorrow to discuss
the gas tax calculation/share.
8. CR Krauss discussed the Downtown TIF and their tax share. Mr. Kukulski stated that staff is
meeting with some state staff regarding this later this week.
L. 08:32:01 PM (03:02:46) Adjournment
Commissioner Krauss adjourned the meeting at 8:32 PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
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, December 19, 2016
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Present
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - I-Ho Pomeroy: Present
Staff Present at the Dais: City Manager Chris Kukulski, City Attorney Greg Sullivan, City Clerk Robin
Crough
A. 05:01:27 PM (00:02:38) Call to Order – EARLY START TIME - 5:00 PM - Commission Room, City Hall,
121 North Rouse
Mayor Taylor called the meeting to order at 5:01 PM.
B. 05:01:37 PM (00:02:48) Pledge of Allegiance and a Moment of Silence
C. 05:02:34 PM (00:03:45) Changes to the Agenda
City Manager Kukulski notified the Commission that the applicant requested this afternoon that the
hearing on Action Item 3 be continued to a date uncertain. Mayor Taylor requested this be moved
to the first action item.
D. 05:03:26 PM (00:04:37) Public Service Announcements
1. 05:03:30 PM (00:04:41) No City Commission Meeting and Closure of City Offices on December
26, 2016 and January 2, 2017 (Crough)
City Clerk Crough noted that there will be no City Commission meetings on December 26th
and January 2nd, and that City offices will be closed. City services will be pushed back one day
for those two weeks.
E. 05:03:57 PM (00:05:08) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
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Bozeman City Commission Meeting DRAFT MINUTES, December 19, 2016
Page 2 of 13
2. Approval of the Beer, Wine or Liquor License Renewals for Calendar Year 2017 (Pitcher)
3. Authorize the City Manager to Sign Task Order Number 4 with HDR Engineering, Inc. for
Stormwater Waste Facility Design Services (Mehrens)
4. Acknowledge the 2016 Annual Ethics Report (Kukulski)
5. Resolution 4750, Supporting the Application to the Big Sky Economic Development Trust Fund
Program Administered by the Montana Department of Commerce, on behalf of Orbital Shift
(Fontenot)
6. Resolution 4752, Adoption of the Annual Inflation Adjustment for the Schedule of Planning
Fees (Matsen)
7. Resolution 4755, Certification of Delinquent City Assessments to Gallatin County
(Neibauer/Clark)
05:04:01 PM (00:05:12) City Manager Overview
Mr. Kukulski provided a brief overview of Consent Items 1-7.
05:06:42 PM (00:07:53) Request to Pull Item 4
Mayor Taylor noted that due to a request to pull Consent Item 4, it will be discussed as the second
action item.
05:06:57 PM (00:08:08) Public Comment on Consent Items E. 1-3 and 5-7
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
05:07:15 PM (00:08:26) Motion and Vote to approve Consent Items E. 1-3 and 5-7 as submitted. 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
F. 05:07:38 PM (00:08:49) Public Comment
Mayor Taylor opened public comment.
05:08:21 PM (00:09:32) Kate Bryan, Public Comment
Ms. Bryan discussed a public comment she had earlier submitted regarding design and the Black Olive
project, in the context of an upcoming review in the DRC. She requested that the Commission make it
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Bozeman City Commission Meeting DRAFT MINUTES, December 19, 2016
Page 3 of 13
clear to the DRC that they review ALL the City’s plans, especially in the context of the neighborhood.
05:11:40 PM (00:12:51) Jim Kenada, Public Comment
Mr. Kenada discussed traffic issues in his neighborhood around his Babcock neighborhood. Regarding
the Bozeman Taproom, he had significant issues.
05:13:17 PM (00:14:28) Public Comment Closed
Mayor Taylor closed public comment.
G. 05:13:21 PM (00:14:32) Special Presentations
1. 05:13:25 PM (00:14:36) Presentation of a Key to the City to Jeff Rupp (Taylor)
Mayor Taylor noted that it’s important to recognize others in the community. Mayor Taylor
acknowledged Jeff Rupp as his first key to the city, and presented context on Mr. Rupp’s
work with the HRDC and his role in the community.
Mr. Rupp thanked the Mayor and discussed his special relationship with the City of
Bozeman. He thanked former Mayor Don Stueck and his mentorship. He thanked his wife
Eileen Carpenter.
2. 05:22:46 PM (00:23:57) Neighborhood Parking Data Presentation (Kirk)
Lisa Kirk discussed a proposed BPNA Residents-Only Parking District. She discussed the
timeline of the study as well as the data collection details. She then discussed the Black Olive
project’s impact on parking. She and her neighborhood are concerned with increased parking
needs in the area. She asked that the City Commission consider a residential parking district,
and discussed the merits behind the request.
05:33:25 PM (00:34:36) Questions of Presenter
There were no questions of the presenter.
3. 05:33:36 PM (00:34:47) Short-Term Rental Update (Winn)
Assistant City Manager Chuck Winn provided an update of short-term rentals, the latest
action of which was a 6-month moratorium enacted by interim ordinance. He discussed
upcoming meetings to solicit public comment. There will be an Online City Hall topic that will
go live tomorrow morning for the public to provide feedback. Staff will return in the spring
with a draft ordinance. On February 6th, the staff will request an extension of the interim
ordinance.
05:36:53 PM (00:38:04) Questions of Staff
There were no questions of staff.
H. 05:37:01 PM (00:38:12) Action Items
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Page 4 of 13
PLEASE NOTE CHANGE IN ORDER TO ORIGINAL AGENDA. ACTION ITEMS ARE LISTED CHRONOLOGICALLY
IN THE ORDER THEY WERE DISCUSSED, WITH THEIR ORIGINAL DESIGNATED NUMBER.
3. 05:37:12 PM (00:38:23) The Bozeman Taproom Application to Modify an Approved
Conditional Use Permit (15149) for On-Premise Consumption of Alcohol from Beer and Wine
to All-Beverage, Application 16475 (Quasi-Judicial) (Rogers)
05:37:24 PM (00:38:35) Staff Presentation
Planner Tom Rogers noted that this afternoon the applicants requested a continuance of the public
hearing to a date uncertain.
City Attorney provided additional information concerning an address change from Hawthorne
Elementary.
05:38:44 PM (00:39:55) Questions of Staff
CR Mehl asked if the applicant is requesting the continuance because of this new information, and at
what point can these change of addresses be continuous. City Attorney Sullivan responded in detail.
CR Krauss asked if the original modification to CUP would generally be administrative, and he asked if
there was a delay caused by the City.
05:45:05 PM (00:46:16) Public Comment
Mayor Taylor opened public comment.
05:45:26 PM (00:46:37) Matt Scheutz, Public Comment
Mr. Scheutz supports the Bozeman Taproom. He has children in elementary school, and he feels the
Taproom contributes to the community.
05:48:10 PM (00:49:21) Casey Bertram, Public Comment
Mr. Bertram, Principal of Hawthorne Elementary, noted that he shared the Bozeman School Trustees’
letter of disapproval for the Bozeman Taproom. He noted that substance abuse traumas are serious and
effect many of his students.
05:50:50 PM (00:52:01) Sheryl Eshbaugh, Public Comment
Ms. Eshbaugh discussed that the address change was always intentional with the current renovation.
She discussed the nature of the license originally approved by the Commission last year. She further
discussed the uniqueness of the situation and that this is clearly a bar next to a school.
05:54:06 PM (00:55:17) Evan Center, Public Comment
Ms. Center, a local psychotherapist, discussed how impressionable children are. She discussed the public
health impact of visible drinking. She asked that the Commission delay this issue and modify the current
CUP.
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Bozeman City Commission Meeting DRAFT MINUTES, December 19, 2016
Page 5 of 13
05:57:00 PM (00:58:11) Julie Kline, Public Comment
Ms. Kline, mother of children at Hawthorne, stated that Hawthorne is treated differently than other
schools since the school is located downtown. She discussed examples of impacts that have already
happened in the last few months because of behavior at the location.
06:01:01 PM (01:02:11) John Wugaas, Public Comment
Mr. Wugaas has two grandchildren at Hawthorne, and is disappointed in the public comment and the
Taproom’s supporters. He urged the community to please vote no on providing a full liquor license. Mr.
Wugaz quoted Eleanor Roosevelt re: unselfish action.
06:03:20 PM (01:04:31) Jan Seldeen, Public Comment
Ms. Seldeen provided an anecdote regarding her grandchildren and their impression of drinking beer
need a school. Ms. Seldeen noted that the existence of the Taproom doesn’t fit with Bozeman.
06:05:28 PM (01:06:39) Erin Shanahan, Public Comment
Ms. Shanahan noted the huge outdoor presence of the establishment. She also noted that parents
cannot move their kids’ school anymore.
06:07:11 PM (01:08:22) Shawnee Spitler, Public Comment
Ms. Spitler encouraged the Commission to think of the children. She discussed the polarization of the
issue. She discussed that the burden has shifted to the school. The bar is popular is popular and has
impacts. She asked for problem-solving and encouraged the Commission to be a leader and mitigate
impacts.
06:10:24 PM (01:11:35) Julie Collins, Public Comment
Ms. Collins is a parent of Hawthorne children and discussed the original permit. She provided an
example and discussed the precedent this would set. She requested modifications of the existing
structure.
06:13:44 PM (01:14:55) Katie Toucher-Franklin, Public Comment
Ms. Toucher-Franklin is a counselor and mother of children at Hawthorne, and she requested that the
Commission denies the modification. She discussed behavioral influence. She also requested changes to
the existing permit.
06:16:51 PM (01:18:02) Richard Martel, Public Comment
Mr. Martel supported much of what was previously stated. He discussed the impact of the environment
on younger individuals. He asked the Commission to look at this from a public health framework.
06:19:55 PM (01:21:06) Lisa Kirk, Public Comment
Ms. Kirk noted unclear leadership with respect to the morals of the community and over-consumption.
These decisions do not support changes in the culture. She noted the City Commission sets the tone for
economic development.
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Bozeman City Commission Meeting DRAFT MINUTES, December 19, 2016
Page 6 of 13
06:22:01 PM (01:23:12) Douglas Fisher, Public Comment
Mr. Fisher discussed that the children don’t see the responsible drinking side of this issue, but see the
irresponsible.
06:23:44 PM (01:24:55) Public Comment Closed
Mayor Taylor closed public comment.
06:23:50 PM (01:25:01) Disclosures
CR Mehl put on the record that Mr. Fisher called him this morning regarding this issue.
Mayor Taylor stated that many citizens have spoken to him regarding this as well.
06:24:42 PM (01:25:53) Questions for Staff
CR Krauss asked what the City’s ability to modify current CUPs. The City Attorney stated that CUPs run
with the land. Mr. Sullivan stated that clear violations are required for public hearings on modifications
to CUPs.
CR Mehl asked if the item stays quasi-judicial if the item is continued to an unknown date. The City
Attorney responded yes. Mayor Taylor clarified the meaning of quasi-judicial for the public.
06:28:51 PM (01:30:02) Motion to postpone indefinitely the hearing on the application to modify an
approved Conditional Use Permit (15149) for On-Premise Consumption of Alcohol from Beer and Wine
to All-Beverage, application 16475.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
06:29:17 PM (01:30:28) Discussion
CR Krauss noted the importance of planning and zoning laws, and how all must follow them.
CR Mehl is also voting to postpone, and that there is further discussion to be had.
06:30:49 PM (01:32:00) Vote to postpone indefinitely the hearing on the application to modify an
approved Conditional Use Permit (15149) for On-Premise Consumption of Alcohol from Beer and Wine
to All-Beverage, application 16475. The motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
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Bozeman City Commission Meeting DRAFT MINUTES, December 19, 2016
Page 7 of 13
Consent Item 4. 06:31:09 PM (01:32:20) Acknowledge the 2016 Annual Ethics Report (Kukulski)
06:31:22 PM (01:32:33) Staff Presentation
City Manager Kukulski stated he is available to provide any clarity if there are questions from the
Commission.
06:31:49 PM (01:33:00) Questions of Staff
CR Mehl requested that the Board of Ethics respond to citizen inquiries. Assistant City Attorney Karen
Stambaugh noted that CR’s Mehl request was raised, and she advised that the item be placed on a
future agenda, which would be the next coming meeting scheduled for January 26, 2017.
06:34:30 PM (01:35:40) Motion and Vote to acknowledge the 2016 Annual Ethics Report. 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
06:35:19 PM (01:36:30) Break
Mayor Taylor called a break for 10 minutes.
06:46:03 PM (01:47:14) Call Back to Order
Mayor Taylor called the meeting back to order at 6:46 PM.
1. 06:46:17 PM (01:47:28) Comprehensive Annual Financial Report (CAFR) for Fiscal Year 2016
(LaMeres)
06:46:29 PM (01:47:40) Staff Presentation
Brian LaMeres, City Controller, introduced the City’s finance team and the auditors for their report. He
discussed the complexity of what goes into the audit.
Kyla Quintero, with Anderson Zurmuehlen, discussed highlights on the results of the audit. They issued a
clean audit with no findings. She also pointed out that the City was awarded the GFOA again, which is
commendable. She discussed the pieces of the audit in great detail.
06:52:16 PM (01:53:27) Questions of Staff/Presenter
CR Krauss noted that the Audit Committee recommended the Commission accept the report. He also
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Bozeman City Commission Meeting DRAFT MINUTES, December 19, 2016
Page 8 of 13
asked Mr. LaMeres to discuss the donated infrastructure.
DM Andrus asked what the City did to get the better Moody’s rating. She also asked if he expected that
the rating would continue to improve. She also stated that the letter to City Commission is in the front
as opposed to the back for next year.
CR Mehl asked about taxable values and the levy and the impact on savings to the citizens. He asked if
the City would be rolling over $980,000 to the General Fund reserve. Administrative Services Director
Anna Rosenberry responded in great detail and also how it contributes to Moody’s rating.
CR Krauss asked if as a policy, should the City have more than the minimum in the reserve? Ms.
Rosenberry stated that at times, it can be hugely beneficial.
Mayor Taylor asked if he will receive a final version. Mr. LaMeres stated he will distribute final hard
copies.
07:04:32 PM (02:05:43) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:04:47 PM (02:05:58) Motion to accept the Comprehensive Annual Financial Report and results of
the financial audit for Fiscal Year 2016.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:04:56 PM (02:06:07) Discussion
CR Mehl stated that this was a unanimous vote to approve the audit, and commended the staff. He still
proposed caution moving forward.
DM Andrus stated that she really appreciates the work of the staff and the internal controls.
CR Pomeroy is happy with the City’s accounting system.
CR Krauss stated that even with turnover Brian and Anna still carry the ball successfully. He also stated
that it is the responsibility of every department to be aware of changes in their budgets, and to pay
attention to internal controls.
Mayor Taylor adopted all previous comments.
07:09:33 PM (02:10:44) Vote to accept the Comprehensive Annual Financial Report and results of the
financial audit for Fiscal Year 2016. 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
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Bozeman City Commission Meeting DRAFT MINUTES, December 19, 2016
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4. 07:09:50 PM (02:11:01) Resolution 4734, Approving Certain Projects in the Northeast Urban
Renewal District as Urban Renewal Projects, Approving the Issuance of Tax Increment Urban
Renewal Revenue Bonds to Pay Costs Thereof, Preliminarily Authorizing the Issuance and
Private Negotiated Sale of Bonds and Authorizing the Process for Selecting a Purchaser
Thereof (Fontenot)
07:10:10 PM (02:11:21) Staff Presentation
Brit Fontenot, Economic Development Director, presented Resolution 4734, the Northeast Urban
Renewal projects, and bonds to pay for the projects. He reminded the Commission of the summary of
proposed projects with cost estimates. He presented the proposed bidding and construction schedule.
07:16:21 PM (02:17:32) Questions of Staff
DM Andrus asked if it was possible to pay the bond in less than 25 years. Mr. Fontenot stated that that
is one of the terms that could be negotiated. Ms. Rosenberry provided further detail about paying off
the debt and the existence of the district.
07:17:45 PM (02:18:56) Public Comment
Mayor Taylor opened public comment.
07:17:56 PM (02:19:07) Erik Nelson, Public Comment
Mr. Nelson, Chair of the Northeast Urban Renewal Board, thanked the efforts of Mr. Fontenot and
offered questions.
Mayor Taylor Thanked Mr. Nelson for his service on the board.
07:19:01 PM (02:20:12) Public Comment Closed
Mayor Taylor closed public comment.
07:19:05 PM (02:20:16) Motion to approve Resolution 4734, Approving Certain Projects in the
Northeast Urban Renewal District as Urban Renewal Projects, Approving the Issuance of Tax
Increment Urban Renewal Revenue Bonds to Pay Costs Thereof, Preliminarily Authorizing the Issuance
and Private Negotiated Sale of Bonds and Authorizing the Process for Selecting a Purchaser Thereof.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:19:32 PM (02:20:43) Discussion
DM Andrus supports the motion and appreciates the board’s work.
CR Pomeroy is the current liaison and thanked Mr. Fontenot and the board.
CR Krauss stated that he was the one earlier dissenter and he will probably vote for this. He did state
that the City doesn’t enter into TIF districts lightly, and described in detail the investment in the district.
CR Mehl supports the motion, as in a general sense it allows a fairly small TIF to undertake five projects
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Bozeman City Commission Meeting DRAFT MINUTES, December 19, 2016
Page 10 of 13
that would otherwise take years to address.
Mayor Taylor stated the area is on the cusp of a renaissance. In the end the TIF has been successful.
07:24:49 PM (02:26:00) Vote to approve Resolution 4734, Approving Certain Projects in the Northeast
Urban Renewal District as Urban Renewal Projects, Approving the Issuance of Tax Increment Urban
Renewal Revenue Bonds to Pay Costs Thereof, Preliminarily Authorizing the Issuance and Private
Negotiated Sale of Bonds and Authorizing the Process for Selecting a Purchaser Thereof. 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
2. 07:25:05 PM (02:26:16) Ordinance 1967 Provisional Adoption, the Billion Auto Plaza Zone
Map Amendment Rezoning an Existing 21.11 Acre Subdivision Generally Located at 270 Auto
Plaza Drive from BP (Business Park District) to B-2 (Community Business District) (Krueger)
07:25:43 PM (02:26:54) Staff Presentation
Community Development Manager Brian Krueger entered the Billion Auto Plaza ZMA, Application 16404
into the record. He discussed the future land use designation, as well as details of the property. He
noted that the current zoning is not in conformance with the Growth Policy. He acknowledged noticing
and there was no public comment. The DRC and Zoning Commission recommended approval.
07:30:46 PM (02:31:57) Questions of Staff
CR Pomeroy asked what the difference of the zonings, and why the applicant wants to change the
zoning. Mr. Krueger responded in detail.
07:34:13 PM (02:35:24) Applicant Presentation
Chris Wassey, applicant representative of Genesis Engineering, offered his availability for questions.
07:34:28 PM (02:35:39) Questions of Applicant
CR Krauss asked what the applicant’s intent for rezoning was. He asked if there is an equivalent BP
zoning, and what its restrictions are that B-2 wouldn’t have. Mr. Krueger responded in detail.
CR Mehl asked if he had seen the staff report and had any issues.
07:36:38 PM (02:37:49) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
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Mayor Taylor closed public comment.
07:36:52 PM (02:38:03) Motion that having reviewed and considered the text of the ordinance, staff
report, application materials, public comment, the deliberations and recommendation of the Zoning
Commission at the public hearing of December 6, 2016, and all information presented, I hereby adopt
the findings presented in the staff report for Application 16404 and move to provisionally adopt
Ordinance 1967, the Billion Auto Plaza Zone Map Amendment.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
07:37:33 PM (02:38:44) Discussion
CR Pomeroy noted that this creates more density and it makes sense, so she supports it.
CR Krauss noted that Business Park has always resulted in odd-looking development. He noted that now
this has become infill, and it’s appropriate to look back at conditions during initial development. He
whole-heartedly supports.
CR Mehl associates himself with previous comments. He notes no contingencies with this application,
and it brings this more into compliance with the Growth Plan.
07:40:24 PM (02:41:35) Vote that having reviewed and considered the text of the ordinance, staff
report, application materials, public comment, the deliberations and recommendation of the Zoning
Commission at the public hearing of December 6, 2016, and all information presented, I hereby adopt
the findings presented in the staff report for Application 16404 and move to provisionally adopt
Ordinance 1967, the Billion Auto Plaza Zone Map Amendment. The motioned 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
5. 07:40:40 PM (02:41:51) Appointment to the Bozeman Midtown Urban Renewal Board
(Michalson)
07:40:45 PM (02:41:56) CR Krauss asked to move this to the January 9, 2017 agenda. Mayor Taylor
agreed.
J. 07:41:48 PM (02:42:59) FYI/Discussion
• Mr. Kukulski noted the accounts payable items that exceeded $100,000 from Consent Item 1.
• Mr. Kukulski heard that City staff can look at the beer and wine upgrade to full alcohol licenses
and look at this process in the future.
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• Mr. Kukulski echoed the comments of the audit, and the culture with the City to manage their
budgets.
• Mr. Kukulski let the Commission know that he, the mayor, and deputy mayor will be visiting the
Bozeman Daily Chronicle Editorial Board tomorrow to discuss the strategic plan.
• CR Krauss noted that Ms. Kirk mentioned public testimony on Black Olive in her parking
presentation, and the applicant should be communicated with.
• CR Krauss noted that the Fire Department was here counting heads, and that during Black Olive
we may need to make a different plan for accommodating a large group of people.
• The Commission stated Merry Christmas and a Happy New Year.
I. 07:47:37 PM (02:48:48) Executive Session
1. City Manager Evaluation
07:47:41 PM (02:48:52) City Manager Privacy Request
Mr. Kukulski requested that the meeting be a closed session and asserted his privacy interest.
07:48:11 PM (02:49:22)
Mayor Taylor closed to the public this portion of the meeting pursuant to Sect. 2-3-203(3), MCA, finding
that discussion relates to a matter of individual privacy, determining that the demands of the
individual’s privacy clearly exceed the merits of public disclosure.
A separate set of minutes have been prepared for the Executive Session.
K. 10:36:00 PM Adjournment
Mayor Taylor adjourned the meeting at 10:36 PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
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Page 13 of 13
City Clerk
PREPARED BY:
___________________________________
Robin Crough
City Clerk
Approved on: ___________________________________
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