HomeMy WebLinkAbout12-19-16 City Commission Minutes f
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
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Monday, December 19, 2016
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Deputy Mayor-Cynthia Andrus: Present
Commissioner-Jeff Krauss: Present
Mayor-Carson Ta lor: 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.
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B. 05:01:37 PM (00:02:48) Pledge of Allegiance and a Moment of Silence
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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 261"
and January 2°d, and that City offices will be closed. City services will be pushed back one day
for those two weeks.
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E. 05:03:57 PM 00:05:08 Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 7x G
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Bozeman City Commission Meeting Minutes,December 19,2016
2. Approval of the Beer, Wine or Liquor License Renewals for Calendar Year 2017 (Pitcher)
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3. Authorize the City Manager to Sign Task Order Number 4 with HDR Engineering, Inc. for
Stormwater Waste Facility Design Services (Mehrens) , a
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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) "I a
6. Resolution 4752, Adoption of the Annual Inflation Adjustment for the Schedule of Planning
Fees (Matsen) , a
7. Resolution 4755, Certification of Delinquent City Assessments to Gallatin County
(Neibauer/Clark) 01 a
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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clear to the DRC that they review ALL the City's plans, especially in the context of the neighborhood. }
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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.
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G. 05:1321 PM (00:14:32)Special Presentations
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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
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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
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There were no questions of staff.
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H. 05:37:01 PM (00:38:12)Action Items
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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) , a
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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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
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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. j
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.
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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
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the existing permit.
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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.
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These decisions do not support changes in the culture. She noted the City Commission sets the tone for
economic development.
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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 Minutes,December 19,2016
Consent Item 4.06:31:09 PM (01:32:20)Acknowledge the 2016 Annual Ethics Report (Kukulski) ;I
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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. 1
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 2016Annual Ethics Report. The motion
passed 5-0.
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Commissioner-Chris Mehl: Motion
Deputy Mayor-Cynthia Andrus: 2nd
Deputy Mayor-Cynthia Andrus:Approve
Commissioner-Jeff Krauss:Approve s;
Mayor-Carson Taylor:Approve
Commissioner-Chris Mehl:Approve
Commissioner- I-Ho Pomeroy:Approve
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06:35:19 PM (01:36:30) Break
Mayor Taylor called a break for 10 minutes.
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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
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commendable. She discussed the pieces of the audit in great detail.
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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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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 Minutes,December 19,2016
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) .c;;j
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.
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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.
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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.
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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.
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07:19:05 PM (02:20:16)Motion to approve Resolution 4734,Approving Certain Projects in the
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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
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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. s
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 Minutes,December 19,2016
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)
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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.
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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, l hereby adopt
the findings presented in the staff report forApplication 16404 and move to provisionally adopt
Ordinance 1967, the Billion Auto Plaza Zone Map Amendment. I
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. !'
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CR Krauss noted that Business Park has always resulted in odd-looking development. He noted that now
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this has become infill, and it's appropriate to look back at conditions during initial development. He
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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) 7',.0
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.
Cynthia Andrus
Deputy Mayor
ATTEST:
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Bozeman City Commission Meeting Minutes,December 19,2016
City Clerk
PREPARED BY:
Robin Crough
City Clerk
Approved on: , AN UM'O:�I Gq � 0 1�
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